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HomeMy WebLinkAboutagenda.hpc.201909111 AGENDA ASPEN HISTORIC PRESERVATION COMMISSION September 11, 2019 4:30 PM, City Council Meeting Room 130 S Galena Street, Aspen I.SITE VISIT - HPC SHOULD VISIT THE SITES ON THEIR OWN II.ROLL CALL III.MINUTES - DRAFT MINUTES FOR AUGUST 28TH IV.PUBLIC COMMENTS V.COMMISSIONER MEMBER COMMENTS VI.DISCLOSURE OF CONFLICT OF INTEREST VII.PROJECT MONITORING VIII.STAFF COMMENTS IX.CERTIFICATE OF NO NEGATIVE EFFECT ISSUED X.CALL UP REPORTS XI.SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS XII.OLD BUSINESS XII.A.4:45 p.m. - 201 E. Main Street - Minor Development Review, Commercial Design Review, GMQS, and Relocation, PUBLIC HEARING Memo_201 E Main Street_9.11.19.pdf Resolution_201 E Main Street_9.11.19.pdf Exhibit A_DesignGuidelinesStaffResponse.pdf Exhibit B_SetbackVariationCriteria.pdf Exhibit C_RelocationCriteria.pdf Exhibit D_ApplicantSubmission.pdf XIII.NEW BUSINESS 1 2 XIII.A.6:00 p.m. - 229 W. Smuggler Street– Minor Development Review and Variations, PUBLIC HEARING HPC memo.pdf HPC resolution.pdf Exhibit A_Minor Development.pdf Exhibit B_Setback Variation.pdf Exhibit C_Application.pdf XIV.7:00 P.M. - ADJOURN XV.NEXT RESOLUTION NUMBER Typical Proceeding Format for All Public Hearings 1)Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8)Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met. Revised April 2, 2014 2 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Mike Kraemer, Senior Planner Sarah Yoon, Historic Preservation Planner MEETING DATE: September 11th, 2019 RE: 201 E. Main Street, Minor Development Review, Commercial Design, GMQS, and Relocation - Public Hearing continued from August 14th. APPLICANT/OWNER: 201 East Main Street, LLC REPRESENTATIVE: BendonAdams LLC LOCATION: 201 E. Main Street (Former Main Street Bakery location) Lots A-C Block 74 City and Townsite of Aspen PID#: 273718216005 CURRENT ZONING & USE Located in the Mixed-Use (MU) zone district and the Main Street Historic District. The property is developed with two historically designated masonry structures built in 1889 and a non-historic addition connecting the two structures. Former use of the property included, most recently, a bakery and restaurant. The building and property are currently vacant and under construction with a valid building permit that has focused on stabilization of the structure and preparation for an HPC approved demolition and replacement of the non-historic addition. PROPOSED LAND USE: The Applicant requests Minor Development Review, combined Commercial Design Review, Growth Management Quota System (GMQS) Review, and Relocation of Designated Historic Properties. The scope of work includes excavation of a subgrade basement for future commercial use and construction of a detached structure for trash/recycling containment and back of house functions, including restrooms. *Note: this application was submitted prior to the adoption of the recent Historic Preservation Commission Land Use Code changes. LAST HPC MEETING: The request was continued from the August 14th, 2019 meeting to allow additional time for the Applicant to respond to Development Review Committee (DRC) comments. STAFF RECOMMENDATION: Staff recommends a continuance of the request to allow the Applicant additional time to address Staff concerns related to design elements and siting of the proposed accessory structure. Figure 1. 201 E. Main Street, looking west. 1965 Aspen Historical Society photo. 3 Page 2 of 10 BACKGROUND: 201 E. Main is a 9,000 square foot parcel, zoned Mixed Use (MU) and located in the Main Street Historic District. The site currently contains vacant commercial space formally occupied by the Main Street Bakery restaurant and an outdoor seating area. A large mature spruce tree exists in the eastern portion of the lot. The surrounding development includes primarily commercial and residential, with Paepcke Park to the west. There are two historic masonry structures in the northwest and southwest corners of the lot connected by a non-historic wood addition. The masonry structures were built in 1889, with the front building containing an office and a residence. The rear building was two residences. This is the only example of a Terrace style structure in Aspen, which are mostly unique to Colorado from the 1880s-1920. Terrace structures are one- to two-story brick structures with flat roofs and corbeled cornices that served predominately as residences with multiple units. The stucco is believed to have been added in the 1940s/50s. The property remained in residential use until the 1980s when Main Street Bakery became the tenant. Figure 2. 201 E. Main Street 2018 Aerial Photo, lot highlighted in blue: In 2017, after a sale of the property, HPC granted Minor Development approval for reconstruction of the non- historic addition that connects the north and south historic buildings pursuant to HPC Resolution #13, Series 2017 (Reception No. 640806). Approval of the reconstructed connecting element included provisions for setback variations on the north and west yards and approval of a service yard entrance along the rear yard (alley). Vesting expires in 2020. In 2018, Growth Management exemption approval was administratively granted for minor increases in commercial net leasable space and floor area pursuant to a Notice of Approval recorded at Reception No. 640376. Most recently, in preparation for construction of the center connection element, a building permit was submitted and issued for stabilization of the historic resources which included underpinning to improve foundation integrity. During construction, the project evolved to include excavation and construction of a full height basement beneath the existing building. Though this basement received appropriate building permits, land use approvals were not granted for this excavation and creation of additional space requires further land use review. 4 Page 3 of 10 Figure 3. 2017 approved center connecting element and alley entrance enclosure, west elevation-gray shade: REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC) The Applicant is requesting the following land use approvals: • Minor Development (Land Use Code Section 26.415.070.C): for construction of a detached accessory structure on the subject property. • Relocation (Land Use Code Section 26.415.090): for excavation of a full basement below the historic structure, including underpinning the original foundation. • Growth Management Quota Systems (GMQS) – Enlargement of an historic landmark for commercial, lodge, or mixed-use development (Land Use Code Section 26.470.100.A): for enlargement of the subgrade commercial net leasable space and construction of the detached accessory structure. • Setback Variation (Land Use Code Section 26.415.110.C): to site the detached accessory structure within the minimum rear yard setback for the property and within the required setback historic structure. • Front Yard Development Exception (Land Use Code Section 26.575.020.M and N): for the ability to construct a water feature and a gas appliance fireplace. • Combined Commercial Design review (Land Use Code Section 26.412): for construction of a detached accessory structure on the subject property. *The Historic Preservation Commission (HPC) is the final review authority. *This project is subject to the established Call-up Notice procedures to City Council. PROJECT SUMMARY: The Applicant proposes to proceed with the construction of the non-historic connecting element located between the two (2) historic structures approved pursuant to HPC Resolution #13, Series 2017. The Applicant states that all elements of the connecting element remain unchanged from the original approval. The previously approved rear yard (alley) enclosure will also proceed under the previous approval and remains unchanged from 2017. The Applicant represents that demolition will not be triggered as a result of the previously approved 2017 development plan or the currently proposed development plan. The Applicant contemplates the following new development activities for the property: • Construction of a detached structure that includes a trash/recycling enclosure, covered breezeway, back of house employee breakroom/storage, and restrooms. The footprint of this structure reveals three separate spaces being connected with a roof structure consisting of three gables of differing heights. This structure is located on the southern portion of the property and east of the existing historic resource. Siting of the structure includes a request to vary the rear yard dimensional 5 Page 4 of 10 setbacks from the required 5’ to 0’ and reduction of the required 10’ distance between buildings to 5’. The proposed structure is approximately 920 square feet in size and has a roof ridge height that varies from 14’6” at the tallest ridge to 12’ at the lowest. The structure is proposed to be finished with a wood shiplap exterior and standing seam metal roof. Onsite parking in the form of 3 parking units is proposed on the southeast portion of the property. Figure 4. Proposed site plan: o Setback variations requested highlighted in blue. o Proposed water feature and gas appliance fireplace highlighted in red. • Approval for an already completed excavation of a basement beneath and roughly within the existing footprint of the historic buildings and non-historic connecting element. The Applicant has illustrated that the basement will have an approximate 10’ depth and will be programed for back of house functions that include restrooms, storage, mechanical equipment location, office space, and food prep. An elevator connecting the main floor and basement is also proposed. The excavated basement space represents an increase of 2,432 square feet of commercial net leasable area and 2,668 square feet of floor area. • Expansion of the existing outdoor dining and seating area to the east of the historic resource and north the proposed detached structure this area. This seating area engages the remaining undeveloped portion of the lot for customer dining and includes seating for up to approximately 90 customers. The proposed outdoor seating chairs and tables are not affixed to the ground and can be moved/re-moved. The outdoor dining area also includes construction of a water feature and a gas fireplace. 6 Page 5 of 10 Figure 5. 3D rendering of the proposed site development, looking northwest: PREVIOUS HEARING AND REQUEST FOR A CONTINUANCE: The request was originally scheduled for August 14th, 2019 HPC hearing date. On July 17th, 2019 the City of Aspen Development Review Committee (DRC) and the Applicant met to discuss the 201 E. Main Street proposal. At the meeting, representatives from City of Aspen Parks, Engineering, Building, Zoning, the Aspen Fire Protection District, and the Aspen/Pitkin County Housing Authority (APCHA) provided comments on the proposed development. Some of the comments offered, which included clarifications on certain topics, generated changes to the Applicant’s proposed site plan for the property and employee housing calculations. In turn, the Applicant made changes to the application to satisfy the collective DRC comments which required additional time to accomplish these changes. The HPC passed a motion to continue the request to tonight’s meeting. STAFF COMMENTS: Staff responses to the applicable review criteria are provided in Exhibits A – C. The Applicant has represented that the approved connecting element located between the historic resources and the rear yard (alley) enclosure remain unchanged from the original 2017 approval and will be constructed in accordance with this approval. The current Historic Preservation Review and Land Use Review will only focus on the new development proposed for the property. In consideration of this, Staff offers the following comments: Minor Development (Section 26.415.070.C): The Minor Development criteria focus on impacts to the historic resource and the cumulative impacts to a landmarked property. The Historic Preservation Design Guidelines focus on maintaining the historic integrity of the resource and its immediate surroundings, while supporting compatible change. Staff has reviewed the proposed application and find that there are design elements that need further study. 7 Page 6 of 10 The proposed one-story detached structure is new construction, and as an accessory building to the historic resource, there is flexibility regarding design compatibility. The proposed design is more relatable to secondary structures with a minimal floor area, but staff has concerns with the layout of the new structure as perceived from Main Street. The north elevation of the detached accessory building demonstrates some articulation of building mass, but the uninterrupted horizontal siding creates the appearance of an expansive wall spanning roughly 46 feet along Main Street. In comparison, the front façade of the historic resource spans approximately 30 feet and has multiple windows and doors and a porch. The guidelines suggest the use of materials, form, and fenestration to achieve historic proportions and sense of scale. Staff recommends the Applicant restudy materials and fenestration in order to break up the perceived scale of the detached structure so that it does not visually compete with the historic resource. The proposed building footprint of the detached accessory structure requires dimensional variations for the rear yard setback and the minimum distance required between detached structures. Staff is concerned with the request to reduce the minimum distance of separation between the accessory structure and the historic landmark. The Historic Preservation Design Guidelines support protecting historic resources by creating a reasonable distance between old and new construction. With the proposed restaurant use for this property and the number of tables anticipated for outdoor seating, adequate space for clear access will be extremely important for both staff and customers alike. Staff finds maintaining the minimum distance of 10’ between buildings will be important for the utilitarian functions of the accessory building and the protection of the historic resource. Staff recommends restudy of the footprint or siting of the accessory building to meet the minimum distance of 10’, as required by underlying zoning. See Exhibit A for detailed staff findings. The east portion of the property is proposed for customer seating and dining and compliments the restaurant use on the property. Staff finds the proposed site plan to maintain the existing open space and utilizing it as outdoor seating encourages appropriate adaptive reuse that complements the historic landmark. Staff supports the Applicant’s proposal for a new 3’ tall wooden picket fence is proposed along Main Street. A large spruce tree exists on the eastern side of the property. The City Parks Department has commented on this tree and has requested that development avoid and preserve this tree. Continued watering of the existing vegetation is also requested. The Applicant is amendable to this request. Combined Commercial Design Review (Section 26.412.060): to develop and address site planning and streetscape, pedestrian amenities, and construct a detached accessory structure. The Commercial Design Guidelines focuses on maintaining character defined areas and promoting pedestrian-scaled design. The following sections are applicable to this property: General, Pedestrian Amenities, and Main Street Historic District. Figure 6. Floor plan of proposed detached accessory structure: 8 Page 7 of 10 Staff finds the proposed open space on the site enhances the historic structure by preserving it as a free- standing building exposed to public view on all sides. This open area also serves as stormwater mitigation and preserves a large tree. Parking is included in the plan on-site, off the alley, and behind the detached accessory structure to minimize visual impact. Pedestrian amenity requirements call for a portion of the site to be open to the sky and to provide a meaningful street level experience. The proposed area for outdoor seating meets the minimum dimensional requirement for Pedestrian Amenity and is programmed to promote an activated streetscape. The fence along Main Street is low and designed to achieve the desired level of transparency. Staff finds the proposed design not only meets the intent of this section, but also promotes vitality to this important intersection of the Main Street Historic District. Of necessity for this property, the Applicant has proposed a wildlife proof trash/recycling enclosure to deter the continuing wildlife encounters in this neighborhood. Delivery and the trash and recycle areas are co- located along the alley inside the detached accessory structure. Staff finds that restudy is needed to ensure that utility connections and mechanical equipment are in areas that have minimal visual impact. Staff recommends a final plan be reviewed and approved by staff and monitor prior to building permit submission. The materials selected for the new construction are not directly derived from the historic resource; however, they are simple and durable building materials that can be found in the historic district and are appropriate for an accessory structure. Staff has concerns with the perceived proportions of the detached accessory structure as viewed from Main Street. The north elevation of this new structure uses a wood siding material which is historically used on secondary structures, but the visible proportions and perceived scale of the continuous wall stretches across the site and becomes a more prominent form on the site. Staff recommends the restudy of this elevation to address this concern of scale and proportion relative to the historic landmark. See Exhibit A for detailed staff findings. Relocation (Section 26.415.090): for excavation of a 2,432 square foot basement below the historic structure. Though relocation review is required for the stabilization and required foundation underpinning, the two (2) historic resources will not be moved or removed from the property. Because the basement beneath the Figure 7. Proposed North Elevation, looking on from Main Street: 9 Page 8 of 10 structures has already been excavated to a fully depth height, relocation review is an after-the-fact necessity for the proposed development. Staff feels that if appropriate construction techniques are utilized such that the historic resources are not compromised, foundation stabilization and excavation for a basement should not pose an issue or have an adverse impact to the subject Landmark property or the Main Street Historic District. Growth Management Quota Systems (GMQS) – Enlargement of an historic landmark for commercial, lodge, or mixed-use development (Section 26.470.100.A): for enlargement of the subgrade commercial net leasable space and construction of the detached accessory structure. The Applicant has represented that using the previous 2017 HPC expansion approval, 2018 GMQS Exemption, and juxtaposing the current requested commercial net leasable expansion on the property for a basement and detached accessory structure, the current proposal represents the following commercial net leasable increases and resulting Full Time Equivalent (FTE) generation: Table 1: Employee Generation Net Leasable area MU Zoning FTE’s generated Basement expansion 2,432 square feet 3.6 FTE’s / 1,000 square feet (25% reduction for subgrade commercial net leasable area) 6.57 New accessory structure 555 square feet (total structure size is 920 square feet, however, the 365 square feet trash enclosure is not included in this calculation) 3.6 FTE’s / 1,000 square feet 2.0 Total 2,987 square feet 8.57 + 0.2 = 8.59 (Applicant has identified a 0.2 FTE discrepancy from the previous 2017 HPC approval) The Applicant submitted a complete application prior to the adoption of the recent Historic Preservation Land Use Code amendments which provides the ability for certain historic properties to receive reduced mitigation obligations as an incentive. Pursuant to the Historic Preservation GMQS benefits for Landmark properties, the project will generate 8.59 FTE’s. The Applicant will be required to mitigate subject to the following table: Table 2: Employee Mitigation Land Use Code Mitigation Rates Mitigation Requirement First 4 FTE’s = 0 Next 4 employees @ 30% = 1.2 FTE’s Next 0.59 employees @ 65% 0.38 Total 1.58 FTE’s 10 Page 9 of 10 Staff has referred the application to the Aspen/Pitkin County Housing Authority (APCHA) for comment. APCHA does not disagree with the Applicant methodology or mitigation calculations. Setback Variation (Section 26.415.110.C): to site the detached accessory structure within the minimum rear yard setback for the property. The proposed detached accessory structure containing the back of house functions, restrooms, and trash/recycling is required to have a minimum 5’ setback from the rear yard property boundary in the MU zone district. The application states that this reduction will push the building to the back of the lot, adjacent to the public alley, and maintain more undeveloped open space area on the property. The Applicant has also requested that the minimum required 10’ setback between structures be reduced to 5’. Given the design of the proposed accessory structure, this reduction is stated to provide additional space in the rear yard to satisfy the minimum required parking on the property. As an established incentive available to an historic landmark property, the Applicant is requesting the HPC reduce the minimum rear yard setback to 0’ and the minimum building setback to 5’. Staff has concerns with a 0’ setback from the rear property boundary and its proximity to public right of way. Access for initial construction of the structure and future maintenance will be needed. Additional space will also be needed to place trash and recycling containers outside and near the alley on scheduled pickup days. Adequate setback provision should be considered so that unnecessary encroachment and sufficient space is provided, and therefore, Staff recommends that the Code required 5’ setback should be maintained for the property. Staff is concerned with the reduction of the required minimum 10’ setback between buildings to a 5’ setback. Reducing this setback has the potential to impact the historic resource with new construction that is in close proximity. Pursuant to the criteria available in the Land Use Code for the HPC to make a setback variation including the criteria to limit impacts to historic resources, Staff recommends that the Code required 10’ minimum setback between structures be maintained. Front Yard Development Exception (Land Use Code Section 26.575.020.M and N): for the ability to construct a water feature and a gas appliance fire place on the subject property. A water feature has been proposed on the north façade of the accessory structure that faces the outdoor dining and seating area. The Applicant has also proposed a gas appliance fire place on the eastern portion of the property that also faces the outdoor dining and seating area and bookends the property boundary to the east. Both the water feature and gas appliance fire place locations are within a street facing yard (Main Street) and will require a discretionary action by the HPC to permit this location. Given that the property is located within the MU zone district which permits standalone commercial uses, and the engagement of the property for outdoor dining and seating, Staff feels that there will be minimal adverse impacts on neighboring properties or the public right of way should these features be approved. Staff feels that if vegetation and landscaping can be planted to partially screen the features, some of the visual impacts can be mitigated. Additionally, there does not appear to be a reasonable alternative for location of the features in compliance with the Code. Location of these features in the rear yard would defeat the purpose of their function and push the accessory structure closer to Main Street. The HPC has the authority to make a finding to allow these features in the proposed locations. Parking and Transportation Impact Analysis (TIA) (Land Use Code Section 26.515): to ensure compliance with the parking requirements for development. A total of 5,328 square feet of commercial net leasable space (existing and proposed) is included in the project. The Land Use Code requires the following parking requirements: 11 Page 10 of 10 5,328 square feet commercial net leasable / 1 unit per 1,000 sq. ft. = 5.33 parking units In the Mixed-Use zone district, 60% of the parking requirement must be met onsite. The proposed development is required to provide a minimum of 3.2 parking spaces. The Applicant has proposed onsite parking on the alley side of the property totaling three (3) parking spaces and includes one (1) accessible parking space. As a fraction of a space, the remaining 0.2 parking space requirement will be mitigated through cash in lieu. TIA requirements are satisfied by providing an onsite bike repair station adjacent to the parking area and providing cash for the future Main and Garmish bus stop. The Engineering Department has accepted these proposals. The remaining portion of the parking requirement totals 2.33 parking spaces and is proposed to be mitigated through cash in lieu. The current cash in lieu rate is $38,000/parking unit totaling $88,540 in mitigation. DEVELOPMENT REVIEW COMMITTEE MEETING: On July 17th, 2019, the Applicant and Staff met with the Development Review Committee to discuss the application and provide comments. Representatives from City Parks, Engineering, APCHA, Zoning, and the Aspen Fire District attended. Verbal and written comments were received and provided to the Applicant which resulted in some changes to the application and the proposed site plan. In general, the DRC provided comments regarding building accessibility, GMQS calculation, tree concerns and paver installation, and calculation of commercial net leasable. The Applicant has consolidated these comments and provided responses which can be viewed in Exhibit S of the Applicant’s submittal. At this time, the Applicant has addressed all of the DRC’s concerns. RECOMMENDATION: A draft resolution of approval is provided, however, Staff recommends the Historic Preservation Commission continue this application for further restudy of the following: 1.) Restudy the north elevation of the proposed detached accessory structure to achieve a compatible scale and proportion with the historic resource through material application and fenestration. 2.) Restudy the placement and/or footprint of the detached accessory structure to maintain the rear yard setback of 5’ and the minimum distance of 10’ between the new structure and the historic landmark. 3.) Provide final lighting plan, to be reviewed and approved by staff and monitor prior to building permit submission. 4.) Provide foundation detail for historic resource, to be reviewed and approved by staff and monitor prior to building permit submission. 5.) Provide final plans for utilities and mechanical equipment, to be reviewed and approved by staff and monitor prior to building permit submission. EXHIBITS: Exhibit A: Design Guidelines Exhibit B: Setback Variation criteria Exhibit C: Relocation criteria Exhibit D: Applicant submission 12 HPC Resolution #___, Series of 2019 Page 1 of 5 RESOLUTION #_____ , SERIES OF 2019 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MINOR DEVELOPMENT REVIEW, RELOCATION, COMMERCIAL DESIGN REVIEW, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS), FRONT YARD DEVELOPMENT EXCEPTION, AND SETBACK VARIATIONS FOR THE PROPERTY LOCATED AT 201 E MAIN STREET, LEGALLY DESCRIBED AS LOTS A, B, AND C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 273707328001 WHEREAS, the Applicant, 201 East Main Street LLC, Mar k Hunt Manager, represented by BendonAdams, LLC, has requested HPC approval for excavation of a subgrade basement for future commercial use totaling approximately 2,432 square feet of net leasable space, construction of a 920 square foot detached structure for trash/recycling containment and back of house functions, including restrooms. Engagement of an outdoor seating and dining area and construction of a water feature and gas appliance fireplace is also proposed. WHEREAS, the subject application was received and deemed complete by the Community Development Department on June 10th, 2019. WHEREAS, in 2017, HPC granted Minor Development approval for reconstruction of the non- historic addition that connects the north and south historic buildings pursuant to HPC Resolution No. 13-2017 (Reception No. 640806). Approval of the connecting element included provisions for setback variations on the north and west yards and approval of a service yard entrance along the rear yard (alley). In 2018, Growth Management exemption approval was administratively granted for minor increases in commercial net leasable space and floor area pursuant to the Notice of Approval recorded at Reception No. 640376. This approval is currently vested; and, WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;” and WHEREAS, for the additional scope of work that has been proposed for the site, the HPC must review the application, a Staff analysis report and the evidence presented at a hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines and Commercial Design Guidelines per Section 26.412 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of Minor Development, the application shall meet the requirements of Aspen Municipal Code Section 26.415.070.C, Relocation of a Designated Property; and WHEREAS, for approval of Relocation, the application shall meet the requirements of Aspen Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and 13 HPC Resolution #___, Series of 2019 Page 2 of 5 WHEREAS, for approval of Setback Variation, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C, Setback Variations; and WHEREAS, for approval of Front Yard Development Exception, the application shall meet the requirements of Aspen Municipal Code Section 26.575.020.M and N Setback Variations; and WHEREAS, for GMQS for Enlargement of an Historic Landmark, the application shall meet the requirements of Aspen Municipal Code Section 26.470.100.A; and WHEREAS, Community Development Department staff reviewed the application for compliance with the applicable review standards and recommended approval with conditions; and WHEREAS, HPC reviewed the project at a continued public hearing on September 11th, 2019. HPC considered the application, the staff memo and public comments, and found the proposal consistent with the review standards and granted approval with conditions by a vote of __ to __. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development, Commercial Design, Relocation, GMQS, Setback Variations, and Front Yard Development Exception for 201 E. Main Street as follows: Section 1: Minor Development Review HPC hereby approves the Minor Development Review and Setback Variations as outlined in Exhibit A (Site Plan) and Exhibit B (elevations). The HPC acknowledges that insubstantial changes to the project may occur prior to building permit submittal and during the course of building permit review that may alter and amend the approved site plan and building elevations. Through the HPC Monitoring process, insubstantial changes may be approved administratively. Amendments that substantially change the project including but not limited to floor area changes, commercial net leasable space, design, site planning, and parking, will be subject to a future amendment process and the Land Use Code in affect at the time of the future amendment submission. The project shall comply with the following conditions: 1.) Restudy the north elevation of the proposed detached accessory structure to achieve a compatible scale and proportion with the historic resource through material application and fenestration. 2.) Restudy the placement and/or footprint of the detached accessory structure to maintain the rear yard setback of 5’ and the minimum distance of 10’ between the new structure and the historic landmark. 3.) Provide final lighting plan, to be reviewed and approved by staff and monitor prior to building permit submission. 4.) Provide foundation detail for historic resource, to be reviewed and approved by staff and monitor prior to building permit submission. 5.) Provide final plans for utilities and mechanical equipment, to be reviewed and approved by staff and monitor prior to building permit submission. 6.) The proposed water feature on the north façade of the approved accessory building and the gas appliance fireplace near the eastern property boundary are granted an exception for Front Yard Development subject to landscape screening as identified on the approved site plan. 7.) The following variations are accepted: 14 HPC Resolution #___, Series of 2019 Page 3 of 5 • A 5’ (5 foot) reduction of the required 5’ (5 foot) rear yard setback for the new accessory structure. • A 5’ (5 foot) reduction of the required 10’ (10 foot) setback between buildings in the Mixed-Use zone district. Section 2: GMQS Employee Generation: Net Leasable area MU Zoning FTE’s generated Basement expansion 2,432 square feet 3.6 FTE’s / 1,000 square feet (25% reduction for subgrade commercial net leasable area) 6.57 New accessory structure 555 square feet (total structure size is 920 square feet, however, the 365 square feet trash enclosure is not included in this calculation) 3.6 FTE’s / 1,000 square feet 2.0 Total 2,987 square feet 8.57 + 0.2 = 8.59 (Applicant has identified a 0.2 FTE discrepancy from the previous 2017 HPC approval) Employee Mitigation: Land Use Code Mitigation Rates Mitigation Requirement First 4 FTE’s = 0 Next 4 employees @ 30% = 1.2 FTE’s Next 0.59 employees @ 65% 0.38 Total 1.58 FTEs required All calculations used to determine the required mitigation will be confirmed during the building permit review process. The Applicant shall mitigate via Affordable Housing Credits, which must be at a Category 4 level, provided prior to issuance of the permit. Section 3: Parking A total of 5,328 square feet of commercial net leasable space is proposed on the subject property. 5,328 square feet commercial net leasable / 1 unit per 1,000 sq. ft. = 5.33 parking units In the Mixed-Use zone district, 60% of the parking requirement shall be met onsite. Three (3) parking spaces are proposed onsite which include one (1) accessible parking space. The 15 HPC Resolution #___, Series of 2019 Page 4 of 5 remaining 0.2 parking space requirement will be mitigated through cash in lieu. The TIA requirement is satisfied by providing an onsite bike repair station adjacent to the parking area and providing cash for the future Main and Garmish bus stop. The remaining portion of the parking requirement totals 2.33 parking spaces and shall be mitigated through cash in lieu. The current cash in lieu rate is $38,000/parking unit totaling $88,540 in mitigation (2.33 parking units * $38,000 = $88,540). Transportation Impact Assessment and mitigation for new trips generated by the development will be finalized through Engineering during building permit review. Section 4: Vesting The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property 201 E Main Street Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. 16 HPC Resolution #___, Series of 2019 Page 5 of 5 Section 6: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE COMMISSION at its regular meeting on the ____ day of ____________, 2019. Approved as to Form: Approved as to Content: _____________________________ ________________________________ Andrea Bryan, Assistant City Attorney Gretchen Greenwood, Chair ATTEST: __________________________________ Nicole Henning, Deputy City Clerk 17 Page 1 of 18 Exhibit A Historic Preservation Design Guidelines Criteria Commercial Design Guidelines Criteria Staff Findings NOTE: Staff responses begin on pages 8 & 17 following the list of applicable guidelines. 26.415.070.C Minor Development. No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or a property located within a Historic District until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review. An application for a building permit cannot be submitted without a development order. 3. The procedures for the review of minor development projects are as follows: a) The Community Development Director will review the application materials and if they are determined to be complete, schedule a public hearing before the HPC. The subject property shall be posted pursuant to Paragraph 26.304.060.E.3.b. b) Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine the project's conformance with the City Historic Preservation Design Guidelines. c) The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a certificate of appropriateness and the Community Development Director shall issue a development order. d) The HPC decision shall be final unless appealed by the applicant or a landowner within three hundred (300) feet of the subject property in accordance with the procedures set forth in Chapter 26.316. 18 Page 2 of 18 Chapter 1: Site Planning & Landscape Design MET NOT MET 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. 1.2 Preserve the system and character of historic streets, alleys, and ditches. 1.5 Maintain the historic hierarchy of spaces. 1.7 Provide positive open space within a project site. 1.8 Consider stormwater quality needs early in the design process. 1.10 Built-in furnishings, such as water features, fire pits, grills, and hot tubs, that could interfere with or block views of historic structures are inappropriate. 1.11 Preserve and maintain historically significant landscaping on site, particularly landmark trees and shrubs. 1.13 Additions of plant material to the landscape that could interfere with or block views of historic structures are inappropriate. 1.14 Minimize the visual impacts of landscape lighting. 1.18 When building an entirely new fence, use materials that are appropriate to the building type and style. 1.19 A new fence should have a transparent quality, allowing views into the yard from the street. 1.20 Any fence taller than 42” should be designed so that it avoids blocking public views of important features of a designated building. Chapter 3: Rehabilitation - Windows MET NOT MET 3.3 Match a replacement window to the original in its design. 3.4 When replacing an original window, use materials that are the same as the original. 3.5 Preserve the size and proportion of a historic window opening. 3.6 Match, as closely as possible, the profile of the sash and its components to that of the original window. Chapter 9: New Construction - Excavation, Building Relocation & Foundations MET NOT MET 9.1 Developing a basement by underpinning and excavating while the historic structure remains in place may help to preserve the historic fabric. 9.5 A new foundation shall appear similar in design and materials to the historic foundation. Chapter 11: New Buildings on Landmarked Properties MET NOT MET 11.1 Orient the new building to the street. 11.3 Construct a new building to appear similar in scale and proportion with the historic buildings on a parcel.NOT MET 11.4 Design a front elevation to be similar in scale to the historic building.NOT MET 11.6 Design a new structure to be recognized as a product of its time.NOT MET 11.7 The imitation of older historic styles is discouraged.MET CONDITION MET MET Historic Preservation Design Guidelines Review Criteria for 201 E. Main Street The applicant is requesting a Minor Development reivew for site plan and the construction of a new detached accessory structure. As a historically designated landmark, the proposed design must meet applicable Historic Preservation Design Guidelines. MET MET MET MET MET MET MET MET CONDITION MET MET MET MET MET MET MET 19 Page 3 of 18 Relevant Historic Preservation Design Guidelines: 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. • Building footprint and location should reinforce the traditional patterns of the neighborhood. • Allow for some porosity on a site. In a residential project, setback to setback development is typically uncharacteristic of the historic context. Do not design a project which leaves no useful open space visible from the street. 1.2 Preserve the system and character of historic streets, alleys, and ditches. When HPC input is requested, the following bullet points may be applicable. • Retain and preserve the variety and character found in historic alleys, including retaining historic ancillary buildings or constructing new ones. • Retain and preserve the simple character of historic ditches. Do not plant flowers or add landscape. • Abandoning or re-routing a street in a historic area is generally discouraged. • Consider the value of unpaved alleys in residential areas. • Opening a platted right of way which was abandoned or never graded may be encouraged on a case by case basis. 1.5 Maintain the historic hierarchy of spaces. • Reflect the established progression of public to private spaces from the public sidewalk to a semi- public walkway, to a semi private entry feature, to private spaces. 1.7 Provide positive open space within a project site. • Ensure that open space on site is meaningful and consolidated into a few large spaces rather than many small unusable areas. • Open space should be designed to support and complement the historic building. 1.8 Consider stormwater quality needs early in the design process. • When included in the initial planning for a project, stormwater quality facilities can be better integrated into the proposal. All landscape plans presented for HPC review must include at least a preliminary representation of the stormwater design. A more detailed design must be reviewed and approved by Planning and Engineering prior to building permit submittal. • Site designs and stormwater management should provide positive drainage away from the historic landmark, preserve the use of natural drainage and treatment systems of the site, reduce the generation of additional stormwater runoff, and increase infiltration into the ground. Stormwater Chapter 12: Accessibility, Lighting, Mech. Equipment, Services Areas & Signs MET NOT MET 12.1 Address accessibility compliance requirements while preserving character defining features of historic buildings and districts. 12.2 Original light fixtures must be maintained. When there is evidence as to the appearance of original fixtures that are no longer present, a replication is appropriate. 12.3 Exterior light fixtures should be simple in character. 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. MET CONDITION MET MET 20 Page 4 of 18 facilities and conveyances located in front of a landmark should have minimal visual impact when viewed from the public right of way. • Refer to City Engineering for additional guidance and requirements. 1.10 Built-in furnishings, such as water features, fire pits, grills, and hot tubs, that could interfere with or block views of historic structures are inappropriate. • Site furnishings that are added to the historic property should not be intrusive or degrade the integrity of the neighborhood patterns, site, or existing historic landscape. • Consolidating and screening these elements is preferred. 1.11 Preserve and maintain historically significant landscaping on site, particularly landmark trees and shrubs. • Retaining historic planting beds and landscape features is encouraged. • Protect historically significant vegetation during construction to avoid damage. Removal of damaged, aged, or diseased trees must be approved by the Parks Department. • If a significant tree must be removed, replace it with the same or similar species in coordination with the Parks Department. • The removal of non-historic planting schemes is encouraged. • Consider restoring the original landscape if information is available, including original plant materials. 1.13 Additions of plant material to the landscape that could interfere with or block views of historic structures are inappropriate. • Low plantings and ground covers are preferred. • Do not place trees, shrubs, or hedgerows in locations that will obscure, damage, or block significant architectural features or views to the building. Hedgerows are not allowed as fences. • Consider mature canopy size when planting new trees adjacent to historic resources. Planting trees too close to a landmark may result in building deteriorate or blocked views and is inappropriate. • Climbing vines can damage historic structures and are not allowed. 1.14 Minimize the visual impacts of landscape lighting. • Landscape and pathway lighting is not permitted in Zone A (refer to diagram) on Aspen Victorian properties unless an exception is approved by HPC based on safety considerations. • Landscape, driveway, and pathway lighting on AspenModern properties is addressed on a case- by-case basis. • Landscape light fixtures should be carefully selected so that they are compatible with the building, yet recognizable as a product of their own time. • Driveway lighting is not permitted on Aspen Victorian properties. Landscape uplighting is not allowed. 1.18 When building an entirely new fence, use materials that are appropriate to the building type and style. 21 Page 5 of 18 • The new fence should use materials that were used on similar properties during the period of significance. • A wood fence is the appropriate solution in most locations. • Ornate fences, including wrought iron, may create a false history are not appropriate for Aspen Victorian landmarks unless there is evidence that a decorative fence historically existed on the site. • A modest wire fence was common locally in the early 1900s and is appropriate for Aspen Victorian properties. This fence type has many desirable characteristics including transparency, a low height, and a simple design. When this material is used, posts should be simply detailed and not oversized. 1.19 A new fence should have a transparent quality, allowing views into the yard from the street. • A fence that defines a front yard must be low in height and transparent in nature. • For a picket fence, spacing between the pickets must be a minimum of 1/2 the width of the picket. • For Post-WWII properties where a more solid type of fence may be historically appropriate, proposals will be reviewed on a case-by-case basis. • Fence columns or piers should be proportional to the fence segment. 1.20 Any fence taller than 42” should be designed so that it avoids blocking public views of important features of a designated building. • A privacy fence should incorporate transparent elements to minimize the possible visual impacts. Consider staggering the fence boards on either side of the fence rail. This will give the appearance of a solid plank fence when seen head on. Also consider using lattice, or other transparent detailing on the upper portions of the fence. • A privacy fence should allow the building corners and any important architectural features that are visible from the street to continue to be viewed. • All hedgerows (trees, shrub bushes, etc.) are prohibited in Zones A and B. 3.3 Match a replacement window to the original in its design. • If the original is double-hung, then the replacement window must also be double-hung. If the sash have divided lights, match that characteristic as well. 3.4 When replacing an original window, use materials that are the same as the original. 3.5 Preserve the size and proportion of a historic window opening. • Changing the window opening is not permitted. • Consider restoring an original window opening that was enclosed in the past. 3.6 Match, as closely as possible, the profile of the sash and its components to that of the original window. • A historic window often has a complex profile. Within the window’s casing, the sash steps back to the plane of the glazing (glass) in several increments. These increments, which individually only 22 Page 6 of 18 measure in eighths or quarters of inches, are important details. They distinguish the actual window from the surrounding plane of the wall. • The historic profile on AspenModern properties is typically minimal. 9.1 Developing a basement by underpinning and excavating while the historic structure remains in place may help to preserve the historic fabric. • This activity will require the same level of documentation, structural assessment, and posting of financial assurances as a building relocation. 9.5 A new foundation shall appear similar in design and materials to the historic foundation. • On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a miner’s cottage where there is no evidence that one existed historically is out of character and is not allowed. • Exposed concrete or painted metal flashing are generally appropriate. • Where a stone or brick foundation existed historically, it must be replicated, ideally using stone salvaged from the original foundation as a veneer. The replacement must be similar in the cut of the stone and design of the mortar joints. • New AspenModern foundations shall be handled on a case by case basis to ensure preservation of the design intent. 11.1 Orient the new building to the street. • Aspen Victorian buildings should be arranged parallel to the lot lines, maintaining the traditional grid pattern. • AspenModern alignments shall be handled case-by-case. • Generally, do not set the new structure forward of the historic resource. Alignment of their front setbacks is preferred. An exception may be made on a corner lot or where a recessed siting for the new structure is a better preservation outcome. 11.3 Construct a new building to appear similar in scale and proportion with the historic buildings on a parcel. • Subdivide larger masses into smaller “modules” that are similar in size to the historic buildings on the original site. • Reflect the heights and proportions that characterize the historic resource. 11.4 Design a front elevation to be similar in scale to the historic building. • The primary plane of the front shall not appear taller than the historic structure. 11.6 Design a new structure to be recognized as a product of its time. • Consider these three aspects of a new building; form, materials, and fenestration. A project must relate strongly to the historic resource in at least two of these elements. Departing from the historic resource in one of these categories allows for creativity and a contemporary design response. • When choosing to relate to building form, use forms that are similar to the historic resource. 23 Page 7 of 18 • When choosing to relate to materials, use materials that appear similar in scale and finish to those used historically on the site and use building materials that contribute to a traditional sense of human scale • When choosing to relate to fenestration, use windows and doors that are similar in size and shape to those of the historic resource. 11.7 The imitation of older historic styles is discouraged. • This blurs the distinction between old and new buildings. • Overall, details shall be modest in character. 12.1 Address accessibility compliance requirements while preserving character defining features of historic buildings and districts. • All new construction must comply completely with the International Building Code (IBC) for accessibility. Special provisions for historic buildings exist in the law that allow some flexibility when designing solutions which meet accessibility standards. 12.2 Original light fixtures must be maintained. When there is evidence as to the appearance of original fixtures that are no longer present, a replication is appropriate. 12.3 Exterior light fixtures should be simple in character. • The design of a new fixture should be appropriate in form, finish, and scale with the structure. • New fixtures should not reflect a different period of history than that of the affected building, or be associated with a different architectural style. • Lighting should be placed in a manner that is consistent with the period of the building, and should not provide a level of illumination that is out of character. • One light adjacent to each entry is appropriate on an Aspen Victorian residential structure. A recessed fixture, surface mounted light, pendant or sconce will be considered if suited to the building type or style. • On commercial structures and AspenModern properties, recessed lights and concealed lights are often most appropriate. 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. • Place mechanical equipment on the ground where it can be screened. • Mechanical equipment may only be mounted on a building on an alley façade. • Rooftop mechanical equipment or vents must be grouped together to minimize their visual impact. Where rooftop units are visible, it may be appropriate to provide screening with materials that are compatible with those of the building itself. Use the smallest, low profile units available for the purpose. • Window air conditioning units are not allowed. • Minimize the visual impacts of utility connections and service boxes. Group them in a discrete location. Use pedestals when possible, rather than mounting on a historic building. 24 Page 8 of 18 • Paint mechanical equipment in a neutral color to minimize their appearance by blending with their backgrounds • In general, mechanical equipment should be vented through the roof, rather than a wall, in a manner that has the least visual impact possible. • Avoid surface mounted conduit on historic structures. Staff Finding: The applicable sections of the design guidelines are as follows: site planning, relocation, building materials, windows, new construction, and service areas. Staff finds Design Guideline 11.3 regarding the mass and scale of new construction is not met with the proposed design for the detached accessory building. This guideline directs that a new building should have the appearance of a similar scale and proportion with the historic resource on the parcel. Staff finds that the north elevation of the proposed detach structure stretches across the site and establishes itself as a more dominant form. This scale does not reflect proportions that relate to the historic resource or historic accessory structures. Staff recommends restudy of the detached accessory building proportions, particularly how it is perceived from Main Street. Design Guideline 11.4 relates to the perceived scale of a newly constructed structure. Similar to the issues with proportions stated above, there is a compatibility issue related to scale when comparing the proposed detached building with the historic landmark. The elevation that faces Main Street is an important elevation because it has a certain level of street presence and adjacent to the historic buildings. Because the proposed accessory building is recessed to the rear of the lot, the new building will not appear taller than the resource; however, the perceived scale is an issue because of how the detached building stretches across the property along Main Street. Staff recommends restudy. Design Guideline 11.6 calls for the design of the new structure to be recognized as a product of its own time but a level of compatibility needs to be respected. A formula looking at form, materials, and fenestration of the historic resource has been created to help achieve that level of compatibility. The proposed detached structure will be a newly constructed building; however, it is considered an accessory or secondary structure designed for utilitarian functions. Since these types of secondary structures were modest and subordinate in design, a proposal for a secondary structure will be held to those standards. Compatibility between a secondary structure and a primary structure is seen in the keeping of hierarchy. A secondary structure needs to be subordinate and modest. The proposed design is minimal in above grade floor area but the footprint suggests a configuration that starts to compete with the historic resource on site, therefore, staff recommends restudy. 25 Page 9 of 18 26.412.060 Commercial Design Review. Except as outlined below, this Section applies to all commercial, lodging and mixed-used development within the City requiring a building permit. All development shall be reviewed pursuant to the Character Area in which it is located. The Community Development Director shall assign an appropriate Character Area to properties subject to Commercial Design Review that are not located within a defined Character Area. Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. Guidelines and Standards 1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. 2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a Variation pursuant to Section 26.412.040.D, Variations. 3. Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a) determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal; b) weigh the applicable guidelines with the practicality of the measure. 26 Page 10 of 18 Commercial Design Standards/Guidelines: General - Site Planning and Streetscape MET NOT MET 1.1 All projects shall provide a context study. 1.2 All projects shall respond to the traditional street grid. 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. 1.4 Where there is open space on a site, reinforce the traditional transition from public space, to semi- public space to private space. 1.6 When a building facade is set back, define the property line. Review the context of the block when selecting an appropriate technique. Examples include: • A fence which is low in height and mostly transparent so as to maintain openness along the street. • Landscaping, though it may not block views of the architecture or a Pedestrian Amenity space. Hedgerows over 42 inches are prohibited. • Benches or other street furniture. Commercial Design Standards/Guidelines: General - Alleyways MET NOT MET 1.7 Develop alley facades to create visual interest. 1.8 Consider small alley commercial spaces, especially on corner lots or lots with midblock access from the street (See Pedestrian Amenity Section PA4). Commercial Design Standards/Guidelines: General - Parking MET NOT MET 1.9 Minimize the visual impacts of parking. Commercial Design Standards/Guidelines: General - Building Mass, Height, and Scale MET NOT MET 1.10 A new building should appear similar in scale and proportion with buildings on the block.NOT MET 1.11 A minimum building height difference of 2 feet from immediately adjacent buildings is required. 1.12 On lots larger than 6,000 square feet, break up building mass into smaller modules. 1.13 Development adjacent to a historic landmark should respond to the historic resource.NOT MET Commercial Design Standards/Guidelines: General - Roofscape MET NOT MET 1.18 The roofscape should be designed with the same attention as the elevations of the building. 1.19 Use materials that complement the design of the building facade. Commercial Design Standards/Guidelines: General - Materials and Details MET NOT MET 1.22 Complete and accurate identification of materials is required. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. MET MET MET MET MET MET MET MET MET Review Criteria for 201 E. Main Street The applicant is requesting a Minor Develoment reivew for a site plan and the construction of a new detached accessory structure. Since it is located in the Commercial Core Historic District (CC), the design must meet applicable design standards and guidelines. MET MET MET MET MET 27 Page 11 of 18 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Commercial Design Standards/Guidelines: General - Lighting, Serice and Mechancial Areas MET NOT MET 1.26 The design of light fixtures should be appropriate to the form, materials, scale, and style of the building. 1.27 Trash and recycle service areas shall be co-located along an alleyway where one exists, and screened from view with a fence of door. 1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of enhancing pedestrian and commercial uses along alleys. 1.29 Delivery areas shall be located along an alleyway where one exists. 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. 1.31 Minimize the visual impacts of utility connections and service boxes.CONDITION 1.32 Transformer location and size are dictated by City and utility company standards and codes.CONDITION Commercial Design Standards/Guidelines: Pedestrian Amenities MET NOT MET PA 1.1 Maximize solar access to Pedestrian Amenity space on the subject property. PA 1.3 Street level Pedestrian Amenity spaces should be equal to a minimum of 1/3 of the total Pedestrian Amenity requirement. PA 1.4 Street level Pedestrian Amenity shall be within 18 inches above or below the existing grade of the street or sidewalk which abuts the space. PA 1.5 Street level Pedestrian Amenity areas shall be open to the sky. PA 1.6 Design meaningful street level space that is useful, versatile, and accessible. PA 1.7 Design amenity space that enhances the pedestrian experience and faces the street. MET PA 1.8 Street level Pedestrian Amenity space should reinforce the property line. Consider the context of the block when selecting an appropriate technique. Examples include: • Overhangs: A cantilevered roof or retractable awning that stretches to the property line. • Fences: A low fence, mostly transparent, that allows views into the Pedestrian Amenity space. • Landscape: Low planter boxes. If including trees, the mature tree canopy size should not prohibit views into the amenity space. Hedgerows over 42 inches are prohibited. • Street Furniture: Permanent, fixed benches or other pedestrian-related elements may be considered to establish property lines. • Surface Material: A change in hardscape material to differientiate between Pedestrian Amenity and right-of-way. PA 1.11 Within the Main Street Historic District, required building setbacks may be used toward a Pedestrian Amenity requirement. Commercial Design Standards/Guidelines: Main Street Historic District - Building Placement MET NOT MET 3.1 Orient a new building or addition to the street. 3.2 Design a new structure to be recognized as a product of its time.NOT MET CONDITION MET MET CONDITION MET MET MET MET MET MET MET MET MET MET 28 Page 12 of 18 Relevant Commercial Design Guidelines: 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. 1.2 All projects shall respond to the traditional street grid. • A building shall be oriented parallel to the street unless uncharacteristic of the area. Refer to specific chapters for more information. • Buildings on corners shall be parallel to both streets. 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. • This applies to landscape located both on-site and in the public right-of-way. • High quality and durable materials should be used. • Early in the design process, consider stormwater best management practices as an integral part of the landscape design process. 1.4 Where there is open space on a site, reinforce the traditional transition from public space, to semi-public space to private space. • This may be achieved through a fence, a defined walkway, a front porch element, covered walkway, or landscape. 1.6 When a building facade is set back, define the property line. Review the context of the block when selecting an appropriate technique. Examples include: • A fence which is low in height and mostly transparent so as to maintain openness along the street. • Landscaping, though it may not block views of the architecture or a Pedestrian Amenity space. Hedgerows over 42 inches are prohibited. • Benches or other street furniture. 1.7 Develop alley facades to create visual interest. • Use varied building setbacks and/or changes in material to reduce perceived scale. 1.8 Consider small alley commercial spaces, especially on corner lots or lots with midblock access from the street (See Pedestrian Amenity Section PA4). • Maximize visibility and access to alley commercial spaces with large windows and setbacks. 3.3 The imitation of older historic styles blurs the distinction between old and new buildings and is discouraged. 3.4 Construct a new building to appear similar in scale and proportion with the historic buildings in the district.NOT MET 3.5 Roof forms should be in character with surrounding historic buildings.MET Commercial Design Standards/Guidelines: Main Street Historic District - Details & Materials MET NOT MET 3.10 Use building components that are similar in size and shape to those of the Victorian-era residences seen traditionally on Main Street.NOT MET 3.11 Architectural details should reinforce the historic context of the block.NOT MET 3.13 Secondary materials should relate to the historic context.MET 3.14 Use roofing materials that are similar in appearance to those seen historically.CONDITION MET 29 Page 13 of 18 • Minimize adverse impacts of adjacent service and parking areas through materials, setbacks, and/or landscaping. 1.9 Minimize the visual impacts of parking. • All on-site parking shall be accessed off an alley where one is available. • Break up the massing of the alley facade, especially when garage doors are present. • Consider the potential for future retail use accessed from alleys and the desire to create a safe and attractive environment for cars and people. • If no alley access exists, access should be from the shortest block length. • Screen surface parking and avoid locating it at the front of a building. Landscaping and fences are recommended. • Consider a paving material change to define surface parking areas and to create visual interest. • Design any street-facing entry to underground parking to reduce visibility. Use high quality materials for doors and ramps and integrate the parking area into the architecture. 1.10 A new building should appear similar in scale and proportion with buildings on the block. 1.11 A minimum building height difference of 2 feet from immediately adjacent buildings is required. • The height difference shall be a minimum of 15 feet wide. • The height difference should reflect the range and variation in building height in the block. • This may be achieved through the use of a cornice, parapet or other architectural articulation. 1.12 On lots larger than 6,000 square feet, break up building mass into smaller modules. • A street level front setback to accommodate Pedestrian Amenity in accordance with the Pedestrian Amenity Guidelines may be an appropriate method to break up building mass. • Building setbacks, height variation, changes of material, and architectural details may be appropriate techniques to vertically divide a building into modules. 1.13 Development adjacent to a historic landmark should respond to the historic resource. • A new building should not obscure historic features of the landmark. • A new large building should avoid negative impacts on historic resources by stepping down in scale toward a smaller landmark. • Consider these three aspects of a new building adjacent to a landmark: form, materials and fenestration. • When choosing to relate to building form, use forms that are similar to the historic resource. • When choosing to relate to materials, use materials that appear similar in scale and finish to those used historically on the site, and use building materials that contribute to a traditional sense of pedestrian scale. • When choosing to relate to fenestration, use windows and doors that are similar in size, shape, and proportion to those of the historic resource. 1.18 The roofscape should be designed with the same attention as the elevations of the building. • Consolidate mechanical equipment, including solar panels, and screen from view. • Locate mechanical equipment toward the alley, or rear of a building if there is no alley access. • Use varied roof forms or parapet heights to break up the roof plane mass and add visual interest. 30 Page 14 of 18 1.19 Use materials that complement the design of the building facade. • Minimize the visual impact of elevator shafts and stairway corridors through material selection and placement of elements. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. 1.26 The design of light fixtures should be appropriate to the form, materials, scale, and style of the building. 1.27 Trash and recycle service areas shall be co-located along an alleyway where one exists, and screened from view with a fence or door. • Screening fences shall be 6 feet high from grade (unless prohibited by the Land Use Code), shall be of sound construction, and shall be no less than 90% opaque, unless otherwise varied based on a recommendation from the Environmental Health Department. 1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of enhancing pedestrian and commercial uses along alleys. 1.29 Delivery areas shall be located along an alleyway where one exists. • Shared facilities are highly encouraged. 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. • Screen rooftop mechanical equipment and venting with a low fence or recess behind a parapet wall to minimize visual impacts. 31 Page 15 of 18 1.31 Minimize the visual impacts of utility connections and service boxes. • Group and discreetly locate these features. • Use screening and materials that compliment the architecture. 1.32 Transformer location and size are dictated by City and utility company standards and codes. • Place a transformer on an alley where possible. • Provide screening for any non-alley location. PA1.1 Maximize solar access to Pedestrian Amenity space on the subject property. • At grade Pedestrian Amenity on the north side of the street is discouraged, except when providing a front yard along Main Street. PA1.3 Street level Pedestrian Amenity spaces should be equal to a minimum of 1/3 of the total Pedestrian Amenity requirement. • For example, a requirement of 300 square feet of Pedestrian Amenity can be comprised of three 100 square feet spaces; but cannot be comprised of one 275 square feet space and one 25 square feet space. PA1.4 Street level Pedestrian Amenity shall be within 18 inches above or below the existing grade of the street or sidewalk which abuts the space. PA1.5 Street level Pedestrian Amenity areas shall be open to the sky. • Direct access to the Pedestrian Amenity from the street is required. • A street level Pedestrian Amenity space may be covered, subject to HPC or P&Z approval. If the space is covered, the street-facing portion shall be entirely open. PA1.6 Design meaningful street level space that is useful, versatile, and accessible. • Small unusable spaces are inappropriate. • Consider providing space for future outdoor merchandising or restaurant seating opportunities when designing the space. • Providing good solar access, capturing mountain views, and providing seating is recommended. • Do not duplicate existing nearby open space. • Storage areas, delivery areas, parking areas, or trash areas are not allowed uses within Pedestrian Amenity space. PA1.7 Design amenity space that enhances the pedestrian experience and faces the street. • On corner lots, Pedestrian Amenity space may be considered on side streets or adjacent to the alley rather than facing primary streets. PA1.8 Street level Pedestrian Amenity space should reinforce the property line. Consider the context of the block when selecting an appropriate technique. Examples include: • Overhangs: A cantilevered roof or retractable awning that stretches to the property line. 32 Page 16 of 18 • Fences: A low fence, mostly transparent, that allows views into the Pedestrian Amenity space. • Landscape: Low planter boxes. If including trees, the mature tree canopy size should not prohibit views into the amenity space. Hedgerows over 42 inches are prohibited. • Street Furniture: Permanent, fixed benches or other pedestrian-related elements may be considered to establish property lines. • Surface Material: A change in hardscape material to differentiate between Pedestrian Amenity and right-of-way. PA1.11 Within the Main Street Historic District, required building setbacks may be used toward a Pedestrian Amenity requirement. 3.1 Orient a new building or addition to the street. • All buildings should be arranged parallel to the lot lines, maintaining the traditional grid pattern. • Generally, do not set a structure forward of any historic resources within the block. Alignment of front setbacks is preferred. An exception may be made on a corner lot. 3.2 Design a new structure to be recognized as a product of its time. • Consider these three aspects of a new building; form, materials, and fenestration. A project should relate strongly to the historic district in at least two of these elements. Departing from one of these categories allows for creativity and a contemporary design response. o When choosing to relate to building form, use forms that are similar to the historic district. o When choosing to relate to materials, use materials that appear similar in scale and finish to those used historically in the district and use building materials that contribute to a traditional sense of human scale. o When choosing to relate to fenestration, use windows and doors that are similar in size and shape to those in the historic district. 3.3 The imitation of older historic styles blurs the distinction between old and new buildings and is discouraged. • Overall, details should be modest in character. 3.4 Construct a new building to appear similar in scale and proportion with the historic buildings in the district. • Subdivide larger masses into smaller modules that are similar in size to the historic buildings in the historic district. • Reflect the heights and proportions that characterize the historic district. • Use secondary structures to break up mass of buildings. These are most appropriately located along alleyways. 3.5 Roof forms should be in character with surrounding historic buildings. • Roof forms should be simple. • If applicable, gable ends should be oriented toward the street. • Carefully consider roof eaves, orientation of ridgelines, roof pitch, dormers, and other features as a way to either create compatibility or differentiate a new building or addition. 33 Page 17 of 18 3.10 Use building components that are similar in size and shape to those of the Victorian-era residences seen traditionally on Main Street. • These include windows, doors, and porches. • Overall, details should be modest in character. 3.11 Architectural details should reinforce the historic context of the block. • Consider how detailing can be used to create relationships between new and old buildings while still allowing for current architectural expression. • Consider scale, location, and purpose of historic detailing to inform new designs. • It is inappropriate to imitate historic details. 3.13 Secondary materials should relate to the historic context. • More variety is acceptable for secondary materials if a relationship to the historic palette can be demonstrated. • Stone should be limited to the foundation. 3.14 Use roofing materials that are similar in appearance to those seen historically. Staff Finding: The applicable sections of the commercial design guidelines are as follows: General (site planning and streetscape, alleyways, parking, building mass, height, scale, roofscape, materials and details, lighting, service and mechanical areas), Pedestrian Amenities, and Main Street Historic District (building placement, details and materials). Staff finds Design Guideline 1.10 regarding building mass and scale is not met. The scale and proportions of the proposed detached structure, as seen from Main Street, is not in character with other secondary structures on the block or in the Main Street Historic District. Staff recommends restudy. Design Guideline 1.13 refers to design compatibility of development adjacent to a historic landmark. The proposed detached structure does not significantly obscure views of the historic resource and maintains a one-story height but a stronger relationship of scale and proportion is desired for this site. Staff recommends the use of materials and/or fenestration to create a sense of hierarchy and proportion. Design Guideline 3.2 address development in the Main Street Historic District. This design guideline recognizes new structures to be a product of its own time while reflecting similar forms, materials and fenestration found in the district. Unrelated architectural styles are considered inappropriate in this zone district, and the following fundamentals are important to new development: Rhythm, details, texture, hierarchy, proportions, materials and spatial relationships. Staff recommends restudy of the detached building to respond to the existing historic building by establishing the proper hierarchy between the two structures. As an accessory building, it must appear subordinate to the historic resource. 34 Page 18 of 18 Design Guideline 3.4 speaks to the appearance of a new building having similar scale and proportions related to the inventory of historic buildings in the district. The breaking up of mass and scale is important to preserving the historic character of Main Street. The proposed detached building is articulated in one area, but staff recommends additional design changes to break up the appearance of a continuous massing seen from the front of the property. Design Guideline 3.10 provides references to common building components and details traditionally found on Main Street. This includes modest detailing and the addition of windows and doors facing Main Street. These details are characteristic of the area and staff recommends the study and use of these common building components to help relate to the proposed detached structure to the district. Design Guideline 3.11 addresses to importance of architectural details and how they create relationships between old and new. It is inappropriate to imitate historic detail; however, informed details help maintain historic context. Staff recommends the study and use of architectural detailing appropriate for secondary buildings, particularly along the north facade. In summary, staff recommends restudy of the detached accessory structure to achieve the appearance of scale and proportions that is more compatible with the historic resource, and the restudy of the siting or footprint to meet required setback requirements. 35 Page 1 of 2 Exhibit B Setback Variations Criteria Staff Findings 26.415.110.C: Variances: Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. 1. The HPC may grant variances of the Land Use Code for designated properties to allow: a) Development in the side, rear and front setbacks; b) Development that does not meet the minimum distance requirements between buildings; c) Up to five percent (5%) additional site coverage; d) Less public amenity than required for the on-site relocation of commercial historic properties. 2. In granting a variance, the HPC must make a finding that such a variance: a) Is similar to the pattern, features and character of the historic property or district; and/or b) Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Findings: The applicant is requesting two setback variations: 1. 0’ rear yard setback where 5’ is required in the MU zone district 2. 5’ building setback between structures where 10’ is required Staff has concerns with a 0’ setback from the rear property boundary and its proximity to public right of way. Access for initial construction of the structure and future maintenance will be needed. Additional space will also be needed to place trash and recycling containers outside and near the alley on scheduled pickup days. Adequate setback provision should be considered so that unnecessary encroachment and sufficient space is provided. Staff recommends that the Code required 5’ setback should be maintained for the property. 2. In granting a variance, the HPC must make a finding that such a variance:MET NOT MET a.) Is similar to the pattern, features and character of the historic property or district; and/or b.) Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district.NOT MET MET Review Criteria for 201 East Main Street As a historically designated property, HPC may grant dimensional variations of the Land Use Code to allow for development in the side, rear and front setbbacks. The applicant is requesting a rear setback variation and a variation from the minimum distance required between structures for the proposed design. Summary of Review Criteria for Setback Variation Request 26.415.110.C - Variances. Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be requried by the underlying zoning's dimensional standards. 36 Page 2 of 2 Staff is concerned with the reduction of the required minimum 10’ setback from buildings to a 5’ setback. Reducing this setback has the potential to impact the historic resource with new construction that is in proximity. Pursuant to the criteria available in the Land Use Code for the HPC to make a setback variation including the criteria to limit impacts to historic resources, Staff recommends that the Code required 10’ minimum setback between structures be maintained. 37 Page 1 of 2 Exhibit C Relocation Criteria Staff Findings Standards for the relocation of designated properties. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or 3. The owner has obtained a certificate of economic hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 26.415.090.C - Relocation. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards:MET NOT MET DOES NOT APPLY 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or N/A 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or .N/A 3. The owner has obtained a certificate of economic hardship; or N/A 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met:MET NOT MET DOES NOT APPLY 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation;CONDITION 2. An appropriate receiving site has been identified; and N/A 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. CONDITION MET Review Criteria for 201 East Main Street The applicant is requesting for Minor Development review approval and relocation by underpinning the historic building for a basement. Summary of Review Criteria for Relocation Request 38 Page 2 of 2 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. Staff Findings: Though relocation review is required for the stabilization and required foundation underpinning, the two (2) historic resources will not be moved or removed from the property. Because the basement beneath the structures has already been excavated to a fully depth height, relocation review is an after-the-fact necessity for the proposed development. Staff feels that if appropriate construction techniques are utilized such that the historic resources are not compromised, foundation stabilization and excavation for a basement should not pose an issue or have an adverse impact to the subject Landmark property or the Main Street Historic District. 39 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM June 7, 2019 Revised August 22, 2019 City of Aspen Historic Preservation Commission c/o Amy Simon 130 S. Galena Street Aspen, CO 81611 RE: Minor HPC and GMQS Application for 210 East Main Street Dear Historic Preservation Commission and Ms. Simon: 201 East Main Street, aka the Main Street Bakery, is a designated landmark and is located within the Main Street Historic District. Zoning for the property is City of Aspen Mixed-Use (MU). The intended use is a restaurant with an outdoor dining/seating area; however that is subject to change. Background 201 East Main Street was built in 1889. Both buildings shown below were originally brick and were stuccoed over prior to 1975. The building openings have been altered over time, however the form and mass remain evident. In 2017, HPC granted approval to replace the existing non-historic wood addition between the two landmarks with a new addition and a trash enclosure along the alley (Resolution 13-2017). A slight change is proposed to the addition windows on the east elevation which may be subject to Figure 1: 201 East Main Street circa 1890. 40 2 staff and monitor review: the windows with bar seating is proposed to be replaced with full height window/door system that tilts open. Setback variations were granted via HPC Resolution 13-2017 to recognize the existing historic conditions along the front and west side yards, and for a service area along the rear yard. Subsequently, a growth management exemption for the increase of commercial net leaseable space (231 sf) and floor area (249 sf) was administratively approved by the Community Development Department for 0.83 FTEs. The property is currently boarded up and the landmarks are stabilized as part of an active repair permit for a full shoring and stabilization plan. A full basement has been already been excavated beneath the landmarks, pursuant to the repair permit. A condition of the repair permit is to receive growth management approval for the new net leasable space created on the basement level. Proposal 201 East Main Street is under new ownership; however the 2017 HPC approval for the new connecting element remains unchanged in this application. This application proposes one building along the alley to fully enclose the trash/recycle area and for an employee breakroom/restrooms for outdoor diners. Setback variations for the enclosed trash room along the alley and for distance between buildings are requested, and relocation review is required due to the shoring that previously occurred under a repair permit. A detailed landscape plan for outdoor dining is proposed that includes a request for a water feature setback 60 ft. from the property line facing Main Street. Growth Management for new net leasable space in the basement and the new building along the alley is requested. There is a possibility that the basement will be filled in and will not count as net leasable. We respectfully request the ability to receive approval for the the basement net leasable with the ability to administratively remove the basement from the plans. The only change to the historic resource is to remove a non-historic door and replace it with a double hung wood window to match the original configuration as shown below and in the drawing set. Figure 2: Existing condition. Figure 3: Proposed restoration. 41 3 We look forward to working with you on this minor remodel project. Please contact me for additional information that will aid your review. Sincerely, Sara Adams, AICP BendonAdams LLC sara@bendonadams.com 970.925.2855 Exhibits: A – Review Criteria 1. Design Reviews 2. Exemption for water feature 3. Setback variations B – Growth Management C – Transportation + Parking Management D - Relocation E – Land Use Application + Dimensional Form F – Pre- application summary G – Agreement to Pay H – Authorization to Represent I – Proof of Ownership J – HOA form K – Vicinity Map L – Transportation Impact Analysis (TIA) M – HPC Resolution 13 – 2017 N - Notice of approval for GMQS exemption O - Mailing list P - Survey Q – Conceptual drainage and grading R – Drawings, materials, renderings S – Responses to Development Review Committee comments Figure 4: Historic photograph of original condition. 42 Exhibit A –Design Reviews 201 E. Main Street Exhibit A A.1 Design Reviews 26.415.060.B.2 The City of Aspen Historic Preservation Design Guidelines, as amended, which are on file with the Community Development Department, will be used in the review of requests of certificates of no negative effect or certificates of appropriateness. Conformance with the applicable guidelines and the common development review procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed work: Please find an analysis of the Commercial Core Historic District Design Standards and Guidelines. Commercial Design Standard Review uses the same design guidelines for the Commercial Core Historic District and the Historic Preservation Design Guidelines. As described below, the project conforms with the Historic Preservation Design Guidelines/ Commercial, Lodging and Historic District Design Standards and Guidelines. 26.412.040. Commercial Design Procedures for Review. E. Consolidation of applications and combining of reviews. If a development project includes additional City land use approvals, the Community Development Director may consolidate or modify the review process accordingly, pursuant to Subsection 26.304.060.B of this title. If a proposed development, upon determination of the Community Development Director in consultation with the applicant, is of limited scope, the Director may authorize the application to be subject to a one-step process that combines both conceptual and final design reviews… Response - This application proposes a new building along the alley and landscape/hardscape in the side yard. All pertinent guidelines listed in the Main Street Historic District Character Area are addressed below. 26.412.060 Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. Guidelines and Standards 1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. 2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a variation pursuant to Section 26.412.040.D. 3. Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal. 43 Exhibit A –Design Reviews 201 E. Main Street b. weight the applicable guidelines with the practicality of the measure. Commercial Design Standards and Guidelines – General Chapter 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. 1.2 All projects shall respond to the traditional street grid. • A building shall be oriented parallel to the street unless uncharacteristic of the area. Refer to specific chapters for more information. • Buildings on corners shall be parallel to both streets. 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. • This applies to landscape located both on-site and in the public right of way. • High quality and durable materials should be used. • Early in the design process, consider stormwater best management practices as an integral part of the landscape design process. 1.4 Where there is open space on a site, reinforce the traditional transition from public space to semi-public space to private space. • This may be achieve through a fence, a defined walkway, a front porch element, covered walkway, or landscape. 1.5 – 1.6 n/a. Response – Open space and landscape elements are shown on the landscape plan. These areas enhance the already open areas on the property. Landscape and walkways maintain the traditional transition from public to private space. 1.7 Develop alley facades to create visual interest. • Use varied building setback and/or changes in material to reduce perceived scale. 1.8 Consider small alley commercial spaces, especially on corner lots or lots with midblock access from the street. • Maximize visibility and access to alley commercial spaces with large windows and setbacks. • Minimize adverse impacts of adjacent service and parking areas through materials, setbacks, and or landscaping. 1.9 Minimize the visual impacts of parking. 1.10 – 1.21 n/a – refer to HP specific design guidelines below. Response – A small, simple one story building is proposed along the alley that houses the trash/recycle area, bathrooms and back of house areas for the main building. Parking is mostly shielded along the alley through landscaping and the proposed building. 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. 44 Exhibit A –Design Reviews 201 E. Main Street 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Response – Simple traditional wood siding and a metal roof are proposed for the new one story building along the alley. 1.25 Architecture that reflects corporate branding of the tenant is not permitted. Response – n/a. 1.26 The design of light fixtures should be appropriate to the form, materials, scale and style of the building. Response – Simple gooseneck light fixture in oil rubbed copper is proposed to relate to the existing lights on the historic building. 1.27 Trash and recycle service areas shall be co-located along an alleyway where one exists, and screened form view with a fence or door. 1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of enhancing pedestrian and commercial uses along alleys. 1.29 Delivery areas shall be located along an alleyway where one exists. 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. 1.31 Minimize the visual impacts of utility connections and service boxes. 1.32 Transformer location and size are dictated by City and utility company standards and codes. Response – Trash and recycle areas are located along the alley. Delivery is proposed along the alley and mechanical equipment is consolidated on the roof of the non-historic addition as previously approved in 2017. 1.33 – 1.35 n/a. 1.36 Incorporate elements that define the property line in accordance with Guideline 1.6. Response – see above. 45 Exhibit A –Design Reviews 201 E. Main Street 1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged. • Minimize the appearance of ramps by exploring other on-site options such as altering interior floor levels or exterior grade. Response – Accessibility is incorporated into the outdoor areas. Due to the location of the building on the property line, ADA access cannot be accommodated in. Main Street Historic District Design Guidelines 3.1 Orient a new building or addition to the street. • All buildings should be arranged parallel to the lot lines, maintaining the traditional grid pattern. • Generally, do not set a structure forward of any historic resources within the block. Alignment of front setbacks is preferred. An exception may be made on a corner lot. Response – The new building is located along the alley and is parallel to the lot lines similar to the historic development pattern of alley buildings in Aspen. 3.2 Design a new structure to be recognized as a product of its time. • Consider these three aspects of a new building: form, materials, and fenestration. A project should relate strongly to the historic district in at least two of these elements. Departing from one of these categories allows for creativity and a contemporary design response. o When choosing to relate to building form, use forms that are similar to the historic district. o When choosing to relate to materials, use materials that appear similar in scale and finish to those used historically in the district and use building materials that contribute to a traditional sense of human scale. o When choosing to relate to fenestration, use windows and doors that are similar in size and shape to those in the historic district. Response – A simple gable roof form with wood siding is proposed to relate to a typical alley building found historically in Aspen. Only a door- no windows- are proposed on the new building. 3.3 The imitation of older historic styles blurs the distinction between old and new buildings and is discouraged. • Overall, details should be model in character. Response – Proposed materials and details are simple and understated, and do not mimic adjacent historic landmarks. 3.4 Construct a new building to appear similar in scale and proportion with the historic buildings in the district. • Subdivide larger masses into smaller modules that are similar in size to the historic buildings in the historic district. 46 Exhibit A –Design Reviews 201 E. Main Street • Reflect the heights and proportions that characterize the historic district. • Use secondary structures to break up mass of buildings. These are most appropriately located along alleyways. Response – A one story secondary structure is proposed to not distract from the historic landmarks on the site. 3.5 Roof forms should be in character with surrounding historic buildings. • Roof forms should be simple. • If applicable, gable ends should be oriented toward the street. • Carefully consider roof eaves, orientation of ridgelines, roof pitch, formers, and other features as a way to either create compatibility or differentiate a new building or addition. Response – A cross gable roof form is proposed that links the two building masses together with a covered walkway. 3.6 Design a front elevation to be similar in scale to historic buildings in the district. • The primary plane of the front elevation should not appear taller than historic structures. Response - The front elevation is simple, with no windows, and is setback about 60 feet from the property line along Main Street. 3.7 Clearly define the primary entrance to a new building with a front porch or similar feature. • The front porch should be functional, and used as the means of access to the front door. • A new porch should be similar in size and shape to those seen traditionally. Response – n/a. 3.8 Design an addition to be compatible in size and scale with the main building. • An addition that is lower, or similar in height to the existing building, is preferred. Response – n/a. 3.9 When planning an addition to a building in a historic district, preserve historic alignments on the street. • Some roof lines and porch eaves on historic buildings may align at approximately the same height. • An addition should not be placed in a location where these relationships would be altered or obscured. • Detach building mass along alleyways, similar ot the pattern of traditional shed development. Response – n/a. 3.10 Use building components that are similar in size and shape to those of the Victorian- era residences seen traditionally on Main Street. 47 Exhibit A –Design Reviews 201 E. Main Street • These include windows, doors and porches. • Overall, details should be modest in character. Response – Details are simple and modest in character. The secondary building is intended to be functional. 3.11 Architectural details should reinforce the historic context of the block. • Consider how detailing can be used to create relationships between new and old buildings while still allowing for current architectural expression. • Consider scale, location, and purpose of historic detailing to inform new designs. • It is inappropriate to imitate historic details. Response – Proposed architectural detailing is simple and understated. 3.12 Primary materials should be wood or brick. • Alternate primary materials may be considered on a case by case basis depending on the historic context of the block. Response – Primary material is wood. 3.13 Secondary materials should relate to the historic context. • More variety is acceptable for secondary materials if a relationship to the historic palette can be demonstrated. • Stone should be limited to the foundation. Response – n/a. 3.14 Use roofing materials that are similar in appearance to those seen historically. Response – Standing seam metal roof is proposed. Historic Preservation Design Guidelines Chapter 1: Site planning and landscape design 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. Response – Building placement along the alley is similar to historic development patterns in the Main Street Historic District. 1.2 Preserve the system and character of historic streets, alleys and ditches. Response – The alley is preserved and enhanced with the proposed utilitarian building. 1.5 Maintain the historic hierarchy of spaces. Response – A direct walkway from sidewalk to the front entrance of the landmark is retained. 1.7 Provide positive open space within a project site. 48 Exhibit A –Design Reviews 201 E. Main Street Response – Open space is provided in the side yard facing Main Street. This is consistent with the current condition. 1.8 Consider stormwater quality needs early in the design process. Response – Preliminary grading and drainage is included in the application and has been discussed with the Engineering Department. 1.10 Built in furnishings, such as water features, fire pits, frills, and hot tubs, that could interfere with or block views of historic structures are inappropriate. Response – The fire place and water feature do not block views of the historic landmark but rather enhance the outdoor experience adjacent to the historic resource. 1.11 Preserve and maintain historically significant landscaping on site, particularly landmark trees and shrubs. Response – Landscaping is maintained were possible. The significant tree in the center of the lot is protected and incorporated into the landscape design and outdoor dining areas. 1.12 Provide appropriate context for historic structures. Response – The proposed project does not significantly change the existing context of the landmark. 1.13 Additions of plant materials to the landscape that could interfere with or block views of historic structures are inappropriate. Response – Planting around the landmark is very limited. 1.14 Minimize the visual impacts of landscape lighting. Response – Landscape lighting is limited to areas where safety is a concern. 49 Exhibit A –Design Reviews 201 E. Main Street 1.15 Preserve original fences. 1.16 When possible, replicate a missing historic fence based on photographic evidence. 1.17 No fence in the front yard is often the most appropriate solution. Response – A simple fence and gate are proposed. An original fence does not exist. 1.18- 1.22 n/a. 1.23 Re-grading the site in a manner that changes historic grade is generally not allowed and will be reviewed on a case by case basis. Response – Regrading is limited as shown on the landscape plan. Pedestrian Amenity 26.412.070. Pedestrian Amenity B. Provision of Pedestrian Amenity. Unless specified, the Planning and Zoning Commission or the Historic Preservation Commission shall determine the appropriate method or combination of methods for providing this required amenity. One (1) or more of the following methods may be used to meet the requirement. 1. On-site pedestrian amenity. On-site pedestrian amenity options are provided within the Commercial, Lodge and Historic District Design Standards and Guidelines. Response – Pedestrian Amenity is proposed onsite in the side yard facing Main Street. The space is proposed as function outdoor lounge/dining space, but this use may change in the future as it is related to the future tenant. Pedestrian Amenity Guidelines and Standards are addressed below: PA1.1 Maximize solar access to Pedestrian Amenity space on the subject property. • At grade Pedestrian Amenity on the north side of the street is discouraged, except when providing a front yard along Main Street. Response – Pedestrian Amenity is located in the side yard facing Main Street. The proposed space has been open for decades and creates an appropriate pocket of green space along Main Street. 50 Exhibit A –Design Reviews 201 E. Main Street PA1.2 Consider all four corners of an intersection when designing street level amenity space on a corner lot. • If one or more lots on the intersection already includes a large corner Pedestrian Amenity, a new corner amenity space may not be appropriate. Response – The historic building holds the corner of the intersection and the amenity space is provided interior to the block. PA1.3 Street level Pedestrian Amenity spaces should be equal to a minimum of 1/3 of the total Pedestrian Amenity requirement. Response – The proposed street level space provided the full 25% requirement. PA1.4 Street level Pedestrian Amenity shall be within 18 inches above or below the existing grade of the street or sidewalk which abuts the space. Response – The amenity space is within 18 inches of the surrounding grade. PA1.5 Street level Pedestrian Amenity areas shall be open to the sky. • Direct access to the Pedestrian Amenity from the street is required. • A street level Pedestrian Amenity space may be covered, subject to HPC or P&Z approval. If the space is covered, the street-facing portion shall be entirely open. Response – All areas are open to the sky; however umbrellas may be installed as needed by the tenant. Permanent sleeves are proposed to be built into the pavers; however the umbrellas themselves are removable. PA1.6 Design meaningful street level space that is useful, versatile, and accessible. • Small unusable spaces are inappropriate. • Consider providing space for future outdoor merchandising or restaurant seating opportunities when designing the space. • Providing good solar access, capturing mountain views, and providing seating is recommended. • Do no duplicate existing nearby open space. • Storage areas, delivery areas, parking areas, or trash areas are not allowed uses within Pedestrian Amenity space. Response – Proposed amenity space provides opportunities for restaurant seating and lounging, and is versatile depending on tenant needs. PA1.7 Design amenity space that enhances the pedestrian experience and faces the street. • On corner lots, Pedestrian Amenity space may be considered on side streets or adjacent to the alley rather than facing primary streets. Response – Proposed amenity space faces the street and enhances the open yard pattern found within the Main Street Historic District. PA1.8 Street level Pedestrian Amenity space should reinforce the property line. Consider the context of the block when selecting an appropriate technique. 51 Exhibit A –Design Reviews 201 E. Main Street Response – Plantings, a fence and pavement selection reinforce the property line similar to the existing condition. PA1.9 Street level Pedestrian Amenity may be appropriate on a case by case basis within the Commercial Core Historic District. Response – n/a. PA1.10 Street level Pedestrian Amenity may include providing public access to the mountain or river in the Mountain Base and River Approach Character Areas through a trail easement, subject to Parks and Engineering approval. Response – n/a. PA1.11 Within the Main Street Historic District, required building setbacks may be used toward a Pedestrian Amenity requirement. Response – The subject property is located within the Main Street Historic District. The front yard setback is used toward the requirement. Second Tier Commercial A. Applicability. 1. Development or redevelopment. This section applies to all new development and redevelopment in the MU…districts. Proposals that are 100% lodge projects shall be exempted from this requirement. Remodel and renovation activities that do not trigger demolition, and which maintain 100% of the existing second tier space present on the site are exempt from this Section. Changes to second tier space as a result of required accessibility or building code compliance are exempt from compliance with the section if demolition is not triggered. Response – The proposed project is exempt from this section because demolition is not triggered and 100% of the existing second tier space, of which there is none, is maintained. A.2 Exception to Land Use Code Section 26.575.020.E.m 26.575.020.E.m Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture, seating areas, and similar permanent structures shall have the following requirements: a. Prohibited between any lot line adjacent to a street and any structure; and b. Shall be located at least double the minimum setback for a primary structure form any lot line adjacent to a street; and c. If visible from the street, these features shall be screened in accordance with Section 26.575.050, Fences; and d. If located within a setback not adjacent to a street, these features shall not exceed thirsty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. Improvements 52 Exhibit A –Design Reviews 201 E. Main Street may exceed thirty (30) inches below grade if necessary for the structure integrity of the improvement. The Community Development Director may approve exceptions to the requirements of m) and n) above. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable option exists. Approval shall be in the form of a recordable administrative determination. Response – A water feature is proposed forward of the trash building along the alley and setback from the property line about 60 ft. The large distance between Main Street and the water feature creates a minimal visual impact as seen from the right of way. There are no other locations behind a building to place the water feature as parking, trash and utilities are required along the alley. New construction on the landmark property is located at the rear to mitigate any adverse impacts to the historic buildings at the property line and to maintain the open side yard that is important to the community and to the Historic District. A.3 Setback Variation 26.415.110. Benefits. The City is committed to providing support to property owners to assist their efforts to maintain, preserve and enhance their historic properties. Recognizing that these properties are valuable community assets is the basic premise underlying the provision of special procedures and programs for designated historic properties and districts. Benefits to encourage good historic preservation practices by the owners of historic properties are an important aspect of Aspen's historic preservation program. Historic resources are a valuable community asset and their continued protection is the basic premise supporting the creation of an innovative package of preservation tools that are unlike any other in the country. Aspen's preservation benefits are in response to tight historic preservation controls that have been legislated by the City since 1972. The Community Development Department and Historic Preservation Commission (HPC) are dedicated to assisting property owners in renovating and maintaining their property. Aspen is unique. Its historic resources and spirit of community have not been duplicated anywhere else in the world. It is this basic character that has helped make the City both economically vital and cherished by many. Only designated properties may be eligible for the following benefits. C. Variances. Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. 53 Exhibit A –Design Reviews 201 E. Main Street 1. The HPC may grant variances of the Land Use Code for designated properties to allow: a) Development in the side, rear and front setbacks; b) Development that does not meet the minimum distance requirements between buildings; c) Up to five percent (5%) additional site coverage; d) Less public amenity than required for the on-site relocation of commercial historic properties. 2. In granting a variance, the HPC must make a finding that such a variance: a) Is similar to the pattern, features and character of the historic property or district; and/or b) Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Response - A rear yard variation is requested for the trash enclosure located along the alley. The mixed use zone district requires a 5 ft. rear setback. The proposed setback is 0 ft. to push the trash building to the back of the property and to maintain openness in the side yard facing Main Street. Historically alley buildings were located along property lines and oftentimes in the right of way. The proposed one story utilitarian building is similar to this pattern of development. The 1890 Sanborn Fire Insurance Map of the block shows small alley buildings on the rear property line. The red buildings at the corner of Main and Aspen Streets are 201 East Main Street. A distance between buildings variation is requested where 10 ft. is required and 5 ft. is provided. Allowing a 5 ft. distance between buildings provides space for parking onsite to meet the parking code and avoids attaching the new building to the historic building. A detached structure meets the HP design guidelines, provides transparency onsite and facilitates a site plan that enhances the historic resource and open space within the Main Street Historic District. 54 Exhibit A –Design Reviews 201 E. Main Street 55 Exhibit B – GMQS 201 East Main Street Exhibit B Growth Management 26.470.100.A. Enlargement of an historic landmark for commercial, lodge or mixed use development. The enlargement of an historic landmark building for commercial, lodge or mixed use development shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: 1) Up to four (4) employees generated by the additional commercial/lodge development shall not require the provision of affordable housing. Thirty percent (30%) of the employee generation above four (4) and up to eight (8) employees shall be mitigated through the provision of affordable housing, affordable housing credits, or cash in lieu thereof. Sixty-five percent (65%) of the employee generation above eight (8) employees shall be mitigated through the provision of affordable housing, affordable housing credits, or cash in lieu thereof. Affordable housing shall be approved pursuant to Section 26.470.080.D, Affordable Housing Mitigation. Response – The proposal with basement generates 8.57 FTEs and a 2017 GMQS exemption generated 0.02 FTEs, for a cumulative total of 8.59 FTEs. The mitigation rate is as follows: First 4 employees = 0 FTEs Next 4 employees @ 30% = 1.2 FTEs Next 0.59 employees @ 65% = 0.38 FTEs 1.58 FTEs Affordable housing credits at Category 4, as required by Code, are proposed for mitigation. Alternate option without basement: The proposal without the basement generates 2.0 FTEs with the 555 sf expansion of net leasable area. Including the already approved GMQS exemption of 2,511 sf or 0.83 FTEs, a total of 2.83 FTEs is generated by the whole project. Mitigation is 0 FTEs if the basement is not pursued. 26.470.080 General Review Standards. All Planning and Zoning Commission and city Council applications for growth management review shall comply with the following standards. A. Sufficient Allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this standard for the growth management years form which the allotments are requested. 56 Exhibit B – GMQS 201 East Main Street Response – Sufficient allotments exist for an increase of 2,817 sf nla. 2,511 sf of commercial nla was approved in the 2017 GMQS exemption. The total commercial nla resulting from the proposed project is 5,328 sf. An increase of 2,817 sf commercial nla is proposed between the 2017 exemption and the total nla proposed (5,328 sf proposed – 2,511 sf approved). B. Development Conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone district for site specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. Response – The minor remodel project conforms to the requirements of the Land Use Code and to the Mixed Use zone district. Commercial Design and Minor Development Review for a property located within a Historic District are consolidated with the GMQS application. C. Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be a the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Response – The proposed minor remodel occurs on an already developed lot. The property is currently served by utilities and infrastructure. D. Affordable Housing Mitigation. 1) For commercial development, sixty-five percent (65%) of the employees generated by the additional commercial net leasable space, according to Section 26. 470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. Response – Mixed use has a generation rate of 3.6 FTEs per 1,000 square feet of net leasable commercial space (2.7 FTEs per 1,000 square feet of net leasable commercial space for upper and lower floors). Table 1. Existing and approved commercial net leasable Net leasable area FTEs Basement n/a 0 Main floor - existing 2,280 8.21 Main floor – existing but missed in 2017 initial calculation 6 0.02 57 Exhibit B – GMQS 201 East Main Street Main floor – approved addition 231 0.83 Total (existing and approved) 2,511 sf approved (*but should be 2,517 sf based on miss calculation of 6 sf in existing building) 9.06 Table 2. Proposed project Net leasable area FTEs Basement 2,432 6.57 Main floor – new buildings along alley 555 2.0 Total 2,987 8.57 In 2017, the historic building with connector was approved for a 231 sf net leasable commercial area (nla) increase for a total of 2,511sf of nla. This did not include the basement. There was a miscalculation of 6 sf in the 2017 application – the actual existing sf of the building was 2,286 sf of nla and not 2,280 sf as shown in 2017. This means that the 2017 approval should be for 2,517 sf not 2,511sf of nla. The addition of stairs and elevator access to the basement level mean that the historic building is now 2,341 sf of nla and not 2,517 sf of nla as approved in 2017. The difference for the historic building between existing (2,286 sf) and proposed (2,341 sf) is 55 sf nla. The employee generation for 55 sf at ground level is 0.02 FTEs. The new proposal generates 8.57 FTEs. For the purposes of the cumulative growth management exemption calculation, the total FTEs is 8.57 FTEs + 0.02 FTEs from previously approved 2017 GMQS exemption for a total of 8.59. Alternate option – if the basement is eliminated, then the proposal generates 2.0 FTEs for the new buildings along the alley and the 2017 exemption for 2,511 sf of nla and 0.83 FTEs stands because the stairs and elevator will be removed from the ground floor. 2) For lodge development, sixty-five percent (65%) of the employees generated by the additional lodge pillows, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. Response – n/a. 3) For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section 26. 470.070.F), the mitigation requirements for affordable housing shall be phased at 15% beginning in 201, and by 3% each year thereafter until 65% is reached. 58 Exhibit B – GMQS 201 East Main Street Response – n/a. Demolition is not triggered. 4) Unless otherwise exempted in this chapter, when a change in use between development categories is proposed, the employee mitigation shall be based on the use the development is converting to. For instance, if a commercial space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space, outlined in subsection 2, above. Conversely, if lodge units are being converted to commercial space, the mitigation shall be based on the requirements for commercial space, outlined in subsections 1 and 3. Response –n/a. 5) For free market residential development, affordable housing net livable area shall be provided in an amount equal to at least thirty percent (30%) of the additional free market residential net livable area. Response – n/a. 6) For essential public facility development, mitigation shall be determined base don Section 26.470.110.D. Response – n/a. 7) For all affordable housing provided as mitigation pursuant to this chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26. 540, or for any other reason: a. The proposed units comply with the Guidelines of the APCHA, as amended. A recommendation from APCHA shall be required for this standard. b. Required affordable housing may be provided through a mix of methods outlined in this chapter, including newly built units, buy-down units, certificates of affordable housing credit, or cash in lieu. A recommendation from APCHA shall be required for this standard, and the approved forms of mitigation methods shall be based on this recommendation. c. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located offsite within the city limits. Units outside the city limits may be accepted as mitigation by the City Council. When offsite units within the city limits are proposed, as requisite approvals shall be obtained prior to approval of the growth management application. d. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120, utilizing the calculations in Section 26,470.050.F, Employee/Square Footage Conversion. e. If the total mitigation requirement for a project is less than .25 FTEs, a cash in lieu payment may be made by right. If the total mitigation requirement for 59 Exhibit B – GMQS 201 East Main Street a project is .25 or more FTEs, a cash in lieu payment shall require City Council approval, pursuant to Section 26. 470.110.C. f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D, Affordable Housing, and be restricted to a Category 4 rate as defined in the APCHA Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. g. Each unit provided shall be designed such that the finished floor level of 50% or more of the unit’s net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review. Response – Affordable Housing Credit Certificates, at Category 4, are proposed as mitigation. 8) Affordable housing units that are being provided absent a requirement (“voluntary units”) may be deed restricted at any level of affordability, including residential occupied (RO). Response – n/a. 60 Exhibit C – Parking/Transportation 201 East Main Street Exhibit C Transportation and Parking Management 26.515.060.C. Review Criteria. All development and redevelopment projects are required to submit a Mobility Plan, which shall include and describe a project’s mitigations for TIA and Parking Requirements. The Engineering, Transportation, and Community Development Department staff shall determine whether the project conforms to this Chapter requirements using the following standards: 1. Project TIA and the resulting mitigation program meets requirements for exempt, minor or major project categories as outlined in the TIA Guidelines. Response – A completed TIA is attached. As noted, cash in lieu is proposed to mitigate for the trips not accounted for onsite. The applicant team has met with Engineering about the property and received support for cash in lieu to go toward improvements at the Main and Garmish bus stop. 2. Project provides full mitigation for the Parking Requirements pursuant to Section 26.515.050. Response – The parking requirement for a total of 5,328 sf of net leasable is 5.33 spaces. In the Mixed Use Zone District 60% of the parking requirement, or 3.2 space, must be met onsite. The remainder may be through up to 1 TIA measure or cash in lieu. The project is able to provide 3 parking spaces, including 1 van accessible space, along the alleyway. The application proposes cash in lieu for the remaining 2.33 spaces. Cash in lieu is allowed for a fraction of a space according to Section 26.515.040.D Parking Requirement when Fractional Requirement Computed. 3. If existing development is expanded, additional Parking Requirements shall be provided for that increment of the expansion. Response – n/a. 4. If existing development is redeveloped, on-site parking deficits may not be maintained unless all parking, or at least 20 spaces are provided as Public Parking. Response – n/a. 61 Exhibit D Relocation Exhibit D – Relocation 26.415.090. Relocation of designated historic properties. The intent of this Chapter is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical relationship to their surroundings as well as their association with events and people with ties to particular site. However, it is recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. C. Standards for the relocation of designated properties. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or 3. The owner has obtained a certificate of economic hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. Response: Pursuant to HPC Reso 13-2017, a repair permit was issued by the Community Development Department that included underpinning the historic structures at 201 East Main Street as described in the attached letter. The historic buildings were never raised from the original location, but a systematic underpinning and excavation occurred to dig out the new basement and to provide an appropriate foundation for the landmarks. 9.1 Developing a basement by underpinning and excavating while the historic structure remains in place may help to preserve the historic fabric. • This activity will require the same level of documentation, structural assessment, and posting of financial assurances as a building relocation. 62 Exhibit D Relocation Response – Please refer to the attached letter from Dave Rybak on the specifics of the completed underpinning and excavation. 9.2 Proposals to relocate a building will be considered on a case-by-case basis. • In general, on-site relocation has less of an impact on individual landmark structures than those in a historic district. • In a district, where numerous adjacent historic structures may exist, the way that buildings were placed on the site historically, and the open yards visible from the street are characteristics that should be respected in new development. • Provide a figure ground study of the surrounding parcels to demonstrate the effects of a building relocation. • In some cases, the historic significance of the structure, the context of the site, the construction technique, and the architectural style may make on-site relocation too impactful to be appropriate. It must be demonstrated that on-site relocation is the best preservation alternative in order for approval to be granted. • If relocation would result in the need to reconstruct a substantial area of the original exterior surface of the building above grade, it is not an appropriate preservation option. Response – n/a. 9.3 Site a relocated structure in a position similar to its historic orientation. • It must face the same direction and have a relatively similar setback. In general, a forward movement, rather than a lateral movement is preferred. HPC will consider setback variations where appropriate. • A primary structure may not be moved to the rear of the parcel to accommodate a new building in front of it. • Be aware of potential restrictions against locating buildings too close to mature trees. Consult with the City Forester early in the design process. Do not relocate a building so that it becomes obscured by trees. Response – n/a. 9.4 Position a relocated structure at its historic elevation above grade. • Raising the finished floor of the building slightly above its original elevation is acceptable if needed to address drainage issues. A substantial change in position relative to grade is inappropriate. • Avoid making design decisions that require code related alterations which could have been avoided. In particular, consider how the relationship to grade could result in non-historic guardrails, etc. Response – n/a. 9.5 A new foundation shall appear similar in design and materials to the historic foundation. 63 Exhibit D Relocation • On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a miner’s cottage where there is no evidence that one existed historically is out of character and is not allowed. • Exposed concrete or painted metal flashing are generally appropriate. • Where a stone or brick foundation existed historically, it must be replicated, ideally using stone salvaged from the original foundation as a veneer. The replacement must be similar in the cut of the stone and design of the mortar joints. • New AspenModern foundations shall be handled on a case by case basis to ensure preservation of the design intent. Response – Because the existing walls went below the grade, no new foundation is exposed. The building appearance remains unchanged, stucco down to grade, some areas of exposed brick. At grade, the foundation has rigid insulation at the exterior surface, drainage matt next, a water proofing layer, then the concrete. None of that system should be visible in the final product. If it would become visible due to grading, a metal flashing would be placed over the rigid insulation, point tucked into the brick wall assembly above. 9.6 Minimize the visual impact of lightwells. • The size of any lightwell that faces a street should be minimized. • Lightwells must be placed so that they are not immediately adjacent to character defining features, such as front porches. • Lightwells must be protected with a flat grate, rather than a railing or may not be visible from a street. • Lightwells that face a street must abut the building foundation and generally may not “float” in the landscape except where they are screened, or on an AspenModern site. Response – n/a. 9.7 All relocations of designated structures shall be performed by contractors who specialize in moving historic buildings, or can document adequate experience in successfully relocating such buildings. • The specific methodology to be used in relocating the structure must be approved by the HPC. • During the relocation process, panels must be mounted on the exterior of the building to protect existing openings and historic glass. Special care shall be taken to keep from damaging door and window frames and sashes in the process of covering the openings. Significant architectural details may need to be removed and securely stored until restoration. • The structure is expected to be stored on its original site during the construction process. Proposals for temporary storage on a different parcel will be considered on a case by case basis and may require special conditions of approval. • A historic resource may not be relocated outside of the City of Aspen. 64 Exhibit D Relocation Response – Please see attached letter from Dave Rybak. 9.8 Proposals to relocate a building to a new site are highly discouraged. • Permanently relocating a structure from where it was built to a new site is only allowed for special circumstances, where it is demonstrated to be the only preservation alternative. Response – n/a. 65 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Existing:__________Proposed:_________________ Existing:__________Proposed:_________________ Proposed % of demolition: __________ DIMENSIONS: (write N/A where no requirement exists in the zone district) Floor Area: Height Existing:_________Allowable:__________Proposed:________ Principal Bldg.: Existing:_________Allowable:__________Proposed:________ Accessory Bldg.: Existing:_________Allowable:__________Proposed:________ On-Site parking: Existing:_________Required:___________Proposed:________ % Site coverage: Existing:_________Required:___________Proposed:________ % Open Space: Existing:_________Required:___________Proposed:________ Front Setback: Existing:_________Required:___________Proposed:________ Rear Setback: Existing:_________Required:___________Proposed:________ Combined Front/Rear: Indicate N, S, E, W Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Combined Sides: Existing:_________Required:___________Proposed:________ Distance between buildings: Existing:_________Required:___________Proposed:________ Existing non-conformities or encroachments and note if encroachment licenses have been issued: _____________________________________________________________________________ _____________________________________________________________________________ Variations requested (identify the exact variances needed): ______________________________ ______________________________________________________________________________ east west exhibit E 66 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 ATTACHMENT 2 - Historic Preservation Land Use Application PROJECT: Name: Location: (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED)___________________________________________________________ Applicant: Name: Address: Phone #: _______________________Fax#:___________________E-mail:_______________________________________________ REPRESENTATIVE: Name: Address: Phone #: _______________________Fax#:___________________E-mail:________________________________________________ TYPE OF APPLICATION: (please check all that apply): Historic Designation Certificate of No Negative Effect Certificate of Appropriateness -Minor Historic Development -Major Historic Development -Conceptual Historic Development -Final Historic Development -Substantial Amendment Relocation (temporary, on or off-site) Demolition (total demolition) Historic Landmark Lot Split EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ___________________________________________________________________________________________________________ PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ________________________________________________________________________________________________________ 201 East Main Street 201 E. Main Street, Lots A, B and C, Block 74, City and Townsite of Aspen, CO 2737-073-28-001 201 East Main Street LLC 2001 Halsted Avenue, Suite 304, Chicago IL 60614 312-850-1680 mhunt@mdevco.com Sara Adams, BendonAdams 300 S.Spring St., #202 Aspen CO 81611 925-2855 sara@bendonadams.com 2 historic landmarks within the Main Street Historic District. Building are vacant and a repair permit is open. HPC granted approval for an addition between the 2 historic buildings. New net leasable area, two new outbuildings along the alley, and outdoor dining area. Growth Managementx x Commercial Design 67 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved. YES NO  Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration?  Does the work you are planning include interior work, including remodeling, rehabilitation, or restoration?  Do you plan other future changes or improvements that could be reviewed at this time?  In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior’s Standards for Rehabilitation or restoration of a National Register of Historic Places Property in order to qualify for state or federal tax credits?  If yes, are you seeking federal rehabilitation investment tax credits in Conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.)  If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use:  Rehabilitation Loan Fund  Conservation Easement Program  Dimensional Variances  Increased Density  Historic Landmark Lot Split  Waiver of Park Dedication Fees  Conditional Uses  Tax Credits  Exemption from Growth Management Quota System 68 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, amy.simon@cityofaspen.com DATE: May 23, 2019 PROJECT LOCATION: 201 E Main Street REQUEST: GMQS Review and Certificate of Appropriateness for a Minor Development of an Historic Landmark REPRESENTATIVE: Sara Adams, sara@bendonadams.com 925-2855 DESCRIPTION: 201 W. Main Street is a landmarked property located within the Main Street Historic District. The property is developed with two historic structures that are linked together by a non-historic addition. In 2017, the property received Administrative GMQS approval for an Historic Landmark pursuant to a Notice of Approval recorded at Reception No. 640376 and Minor HPC approval pursuant to HPC Resolution No. 13, Series 2017. These approvals granted the ability to demolish and rebuild the center portion of the building that connects the 2 historic structures, construct a small partial enclosure on the alley side of the existing structure, and construct a trash enclosure along the alley. This approval also exempted the provision of affordable housing mitigation due to the development not exceeding the 4 FTE GMQS threshold limits available to a landmark property. The Notice of Approval recorded at Reception No. 640376 identifies that 0.83 FTE’s were generated. This project has not yet been constructed. In preparation for the construction of the center connection, a building permit was submitted and issued for stabilization of the historic resources and underpinning to improve the foundation. The project evolved to include excavation and construction of a full height basement beneath the building. Though this basement received appropriate building permits, land use approvals were not been granted and a future application to legitimize the space is required. The Applicant has also indicated a desire to construct separate outbuildings for a storage/breakroom and employee locker room, proposed at 300 square feet and 184 square feet, respectively. Reprogramming of landscaping/outdoor seating areas is also contemplated. The Applicant has indicated that a variation request will be made for placement of a fireplace and water feature within a street facing yard. If an enlargement of a landmark property for commercial development does not generate more than four (4)FTEs, the project may qualify for administrative GMQS review. This is a cumulative exemption, of which the applicant has already received approval for 0.83 FTEs. The proposed development may generate up to 3.17 FTEs before HPC Growth Management review is required, pursuant to Section 26.470.100.A. Affordable housing mitigation will be required for any FTEs above 4, provided as either physical units (newly built or buy-down), housing credits, or cash-in-lieu. This pre-app anticipates that more than 3.17 FTE’s will be generated from the basement and outbuilding construction and, therefore, administrative GMQS review is not available and HPC review is required. The requirements of Chapter 26.515, Transportation and Parking Management will need to be met for the total amount of commercial net leasable area on the property including the basement and additional outbuildings. This includes completion of a Transportation Impact Analysis (TIA). ADA accessible parking will need to be included in this analysis. The available options to meet the parking impact requirement have exhibit F 69 been expanded. The applicant is advised to meet with Transportation and Engineering Departments to discuss potential options to meet the parking impact requirement. Finally, the project is subject to design review and compliance with the Commercial, Lodging, and Historic District Guidelines was well as the Historic Preservation Design Guidelines, in addition to the reviews and requirements described above. Excavation of the basement will be subject to an after the fact relocation review. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures – 26.304.030.D Consolidation of applications 26.412 Commercial Design Review 26.415.070.C Certificate of appropriateness for a minor development 26.415.090 Relocation of designated historic properties 26.470.080 GMQS – General Requirements 26.470.100.A GMQS – Enlargement of an historic landmark for commercial, lodge, or mixed-use development 26.575 Calculations and Measurements 26.575020.E.5.M and N Exception 26.610 Impact Fees 26.710.180 Mixed Use (MU) zone district For your convenience – links to the Land Use Application, Design Guidelines, and Land Use Code are below: Land Use Application Land Use Code Historic Preservation Design Guidelines Commercial Design Guidelines Review by: Staff for completeness and recommendation HPC for decision City Council for notice of the HPC decision. Council has the authority to remand the decision back to HPC for further consideration. Public Hearing: Yes. Neighborhood Outreach: Yes. (Land Use Code Section 26.304.035) Referrals: $325 Deposit for 1 hour of Engineering review (additional engineering hours are billed at a rate of $325/hour) $975 flat fee – Parks $975 flat fee – Environmental Health $975 flat fee – APCHA Planning Fees: $3,250 for 10 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) Total Deposit: $6,500.00. 70 APPLICATION CHECKLIST: Below is a list of submittal requirements for HPC review.  Completed Land Use Application and signed fee agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached).  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property.  A proposed site plan and landscape plan.  Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations.  Identification of primary exterior building materials.  Supplemental materials to provide a visual description of the context surrounding the designated historic property or historic district including at least one (1) of the following: diagrams, maps, photographs, models or streetscape elevations.  Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City’s Transportation Impact Analysis Guidelines and Mitigation Tool, available online at: https://www.cityofaspen.com/280/Documents-and-PermitsA copy of the tool showing trips generated and the chosen mitigation measures should be included with the application.  A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado.  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. 71 If the copy is deemed complete by staff, the following items will then need to be submitted:  Total deposit for review of the application. Once the copy is deemed complete by staff, the following items will then need to be submitted:  A digital copy of the application provided in pdf file format. Please provide text and graphics as separate files.  1 digital PDF copy of the complete application packet.  12 sets of all graphics printed at 11x17.  Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 72 exhibit G73 exhibit H74 Active/50016245.1 730 East Durant Avenue, Second Floor, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com May 6, 2019 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 201 East Main Street, LLC, a Colorado limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 201 East Main Street, LLC, a Colorado limited liability company, is the owner of certain improved real property located at 201 East Main Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Lots A, B, and C, Block 74, City and Townsite of Aspen, County of Pitkin, State of Colorado. The Subject Property is subject to the following matters of record: 1. Terms, conditions, provisions, obligations, restrictions, reservations and agreements as set forth in the Deed recorded December 24, 1887 in Book 59 at Page 207. 2. Terms, conditions, provisions, obligations, restrictions, reservations and agreements as set forth in the Deed recorded November 30, 1888 at Reception No. 27181. 3. Terms, conditions, provisions, obligations and agreements as set forth in the Ordinance No. 60, Series of 1976 recorded December 9, 1976 in Book 321 at Page 51 to 54. 4. Terms, conditions, provisions, obligations and agreements as set forth in the Ordinance No. 5, Series of 1986 recorded January 5, 1987 in Book 527 at Page 519 to 521. exhibit I 75 2 Active/50016245.1 5. Terms, conditions, provisions, obligations and agreements as set forth in the Notice of Approval recorded August 3, 2017 at Reception No. 640376. 6. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 13, Series of 2017 recorded August 21, 2017 at Reception No. 640806. 7. Terms, conditions, provisions and obligations as set forth in the Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of March 18, 2019 between 201 East Main Street. LLC as Trustor and Loancore Capital Credit REIT LLC as Beneficiary, recorded March 20, 2019 as Reception 654700. 8. Terms, conditions, provisions and obligations as set forth in the Assignment of Leases and Rents dated as of March 18, 2019 between 201 East Main Street. LLC as Assignor and Loancore Capital Credit REIT LLC as Assignee, recorded March 20, 2019 as Reception 654701. 9. UCC Financing Statement recorded March 20, 2019 as Reception 654702. 10. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of March 27, 2019 between Loancore Capital Credit REIT LLC, as Assignor and LCC Warehouse I LLC, as Assignee, recorded April 1, 2019 as Reception 654957. 11. Terms, conditions, provisions and obligations as set forth in the Assignment of Assignment of Leases and Rents dated as of March 27, 2019 between Loancore Capital Credit REIT LLC, as assignor and LCC Warehouse I LLC, as assignee, recorded April 1, 2019 as Reception 654960. 12. Amendment to UCC Financing Statement recorded April 1, 2019 as Reception 654963. This letter shall further confirm that as the owner of the Subject Property, 201 East Main Street, LLC, a Colorado limited liability company, has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property. Sincerely, Curtis B. Sanders 76 201 East Main Street, LLCmhunt@mdevco.com312-850-1680201 East Main Street, Aspen, CO 816115/22/2019Mark Hunt, managerexhibit J77 203 126 134 200 214 232 101 117 114 118 322324 400 404406 415413 411 400 310 330 315 319 107 105 103 101 316 420 112 106 119 201 119 108 100 105 127 125 201 125 122 101 125135 110 122 132 108 217 118 120 129 121113 134 317 315 100 120 128 200202208 216 230 230 232 117 117 227 209114 117 234 220 214208 116 306 303 309 308 302 301 200 325 229 233 201 227221 107 103 105 111 204 202 225 212 131 110 130 121129 LP LP PD PD LP DRAIN/TRANS LP PD PD LP LP R/MF MU MU C-1 R-6 CC MU MU MU MU 201 E. Main St. Vicinity Map Urban Growth Boundary (UGB) Emissions Inventory Boundary (EIB) Historic Sites Historic Districts Parcel Boundary Zone Overlay LP PD DRAIN/TRANS LP PD Zoning AH Affordable Housing R/MF Residential/Multi-Family 5/22/2019, 12:56:06 PM 0 0.03 0.050.01 mi 0 0.04 0.090.02 km 1:2,257 CityofAspenGIS; City of Aspen Community Development | The CityofAspen GIS Department presents the information on this website as a service to the public. Every effort has been made to ensure that the information is accurate. The CityofAspen GIS Department exhibit K 78 = input= calculation DATE: PROJECT NAME: PROJECT ADDRESS: APPLICANT CONTACT INFORMATION: NAME, COMPANY, ADDRESS, PHONE, EMAIL Minor Entering Exiting Total Entering Exiting Total Commercial (sf)2817.0 sf 4.41 1.98 6.39 4.66 7.00 11.66 Free-Market Housing (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00 Affordable Housing (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00 Lodging (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00 Essential Public Facility (sf)0.0 sf 0.00 0.00 0.00 0.00 0.00 0.00 4.41 1.98 6.39 4.66 7.00 11.66 Land Use Trip Rate %Entering %Exiting Trip Rate %Entering %Exiting Commercial 2.27 0.69 0.31 4.14 0.4 0.6 Free-Market Housing 0.67 0.29 0.71 0.82 0.56 0.44 Affordable Housing 0.75 0.48 0.52 0.89 0.55 0.45 Lodging 0.25 0.57 0.43 0.31 0.52 0.48 Essential Public Facility 0.86 0.62 0.38 1.66 0.4 0.6 Sara Adams BendonAdams 300 S. Spring Street, 202, Aspen, CO 81611 970-925-2855 x2 sara@bendonadams.com Trip Generation 6/6/2019 AM Peak Average PM Peak Average Trips Generated AM Peak-Hour PM Peak-Hour TOTAL NEW TRIPS ASSUMPTIONS ASPEN TRIP GENERATION Is this a major or minor project? 201 East Main Street 201 East Main Street Net New Units/Square Feet of the Proposed ProjectProposed Land Use *For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak-Hour and a 14% reduction for PM Peak-Hour is applied to the trip generation. Instructions: IMPORTANT: Turn on Macros: In order for code to run correctly the security settings need to be altered. Click "File" and then click "Excel Options." In the "Trust Center"category, click "Trust Center Settings", and then click the "Macro Settings"category. Beneath "Macro Settings" select "Enable all Macros." Sheet 1. Trip Generation: Enter the project's square footage and/or unit counts under Proposed Land Use. The numbers should reflect the net change in land use between existing and proposed conditions. If a landuse is to be reduced put a negative number of units or square feet. Sheet 2. MMLOS: Answer Yes, No, or Not Applicable under each of the Pedestrian, Bike and Transit sections.Points are only awarded for proposed (not existing) and confirmed aspects of the project. Sheet 3. TDM: Choose the mitigation measures that are appropriate for your project. Sheet 4. Summary and Narrative: Review the summary of the project's mitigated trips and provide a narrative which explains the measures selected for the project. Click on "Generate Narrative" and individually explain each measure that was chosen and how it enhances the site or mitigates vehicle traffic. Ensure each selected measure make sense Minor Development -Inside the Roundabout Major Development -Outside the Roundabout Helpful Hints: 1.Refer to the Transportation Impact Analysis Guidelines for information on the use of this tool. 2.Refer to TIA Frequently Asked Questions for a quick overview. 2.Hover over red corner tags for additional information on individual measures. 3.Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of project location and future use. Transportation Impact Analysis TIA Frequently Asked Questions exhibit L 79 = input = calculation 10 Category Sub.Measure Number Question Answer Points 1 Does the project propose a detached sidewalk where an attached sidewalk currently exists? Does the proposed sidewalk and buffer meet standard minimum widths? No 0 2 Is the proposed effective sidewalk width greater than the standard minimum width?No 0 3 Does the project propose a landscape buffer greater than the standard minimum width?No 0 0 4 Does the project propose a detached sidewalk on an adjacent block? Does the proposed sidewalk and buffer meet standard minimum widths? No 0 5 Is the proposed effective sidewalk width on an adjacent block greater than the standard minimum width?No 0 6 Is the proposed landscape buffer on an adjacent block greater than the standard minimum width?No 0 0 7 Are slopes between back of curb and sidewalk equal to or less than 5%?Yes 0 8 Are curbs equal to (or less than) 6 inches?Yes 0 9 Is new large-scale landscaping proposed that improves the pedestrian experience? Properties within the Core do not have ample area to provide the level of landscaping required to receive credit in this category. No 0 10 Does the project propose an improved crosswalk? This measure must get City approval before receiving credit. No 0 0 11 Are existing driveways removed from the street?No 0 12 Is pedestrian and/or vehicle visibility unchanged by new structure or column?Yes 0 13 Is the grade (where pedestrians cross) on cross-slope of driveway 2% or less?Yes 0 14 Does the project propose enhanced pedestrian access points from the ROW? This includes improvements to ADA ramps or creating new access points which prevent pedestrians from crossing a street. Yes 5 15 Does the project propose enhanced pedestrian or bicyclist interaction with vehicles at driveway areas?NA 0 5 16 Is the project's pedestrian directness factor less than 1.5?Yes 0 17 Does the project propose new improvements which reduce the pedestrian directness factor to less than 1.2? A site which has an existing pedestrian directness factor less than 1.2 cannot receive credit in this category. No 0 18 Is the project proposing an off site improvement that results in a pedestrian directness factor below 1.2?* No 0 19 Are traffic calming features proposed that are part of an approved plan (speed humps, rapid flash)?*No 0PedestriansTOTAL NUMBER OF TRIPS MITIGATED:Pedestrian RoutesTraffic Calming and Pedestrian NetworkDriveways, Parking, and Access ConsiderationsMMLOS Input Page Subtotal SubtotalSidewalk Condition on Adjacent BlocksSidewalk Condition on Project FrontageSubtotal Instructions: Answer Yes, No, or Not Applicable to each measure under the Pedestrian, Bike and Transit sections. Subtotal 80 0 20 Are additional minor improvements proposed which benefit the pedestrian experience and have been agreed upon with City of Aspen staff? No 0 21 Are additional major improvements proposed which benefit the pedestrian experience and have been agreed upon with City of Aspen staff? No 0 0 5 Category Sub.Measure Number Question Answer Points 22 Is a new bicycle path being implemented with City approved design?No 0 23 Do new bike paths allow access without crossing a street or driveway?No 0 24 Is there proposed landscaping, striping, or signage improvements to an existing bicycle path?No 0 25 Does the project propose additional minor bicycle improvements which have been agreed upon with City of Aspen staff?No 0 26 Does the project propose additional major bicycle improvements which have been agreed upon with City of Aspen staff?No 0 0 Bicycle Parking27 Is the project providing bicycle parking?Yes 5 5 5 Category Sub.Measure Number Question Answer Points 28 Is seating/bench proposed?No 0 29 Is a trash receptacle proposed?No 0 30 Is transit system information (signage) proposed?No 0 31 Is shelter/shade proposed?No 0 32 Is enhanced pedestrian-scale lighting proposed?No 0 33 Is real-time transit information proposed?No 0 34 Is bicycle parking/storage proposed specifically for bus stop use?No 0 35 Are ADA improvements proposed?No 0 0 36 Is a bus pull-out proposed at an existing stop?No 0 37 Is relocation of a bus stop to improve transit accessibility or roadway operations proposed?No 0 38 Is a new bus stop proposed (with minimum of two basic amenities)?No 0 0 0 SubtotalAdditional Proposed ImprovementsTransitBasic AmenitiesSubtotal Subtotal Subtotal Enhanced AmenitiesSubtotal Subtotal Pedestrian Total* Bicycles Total* Transit Total*BicyclesModifications to Existing Bicycle Paths81 Category Measure Number Sub. Question Answer Strategy VMT Reductions Will an onsite ammenities strategy be implemented?Yes Which onsite ammenities will be implemented?Retail Servicing Will a shared shuttle service strategy be implemented? What is the degree of implementation? What is the company size? What percentage of customers are eligible? 3 Nonmotorized Zones Will a nonmotorized zones strategy be implemented?0.00% 3.00% Category Measure Number Sub. Question Answer Strategy VMT Reductions Will a network expansion stragtegy be implemented? What is the percentage increase of transit network coverage? What is the existing transit mode share as a % of total daily trips? Will a service frequency/speed strategy be implemented? What is the percentage reduction in headways (increase in frequency)? What is the existing transit mode share as a % of total daily trips? What is the level of implementation? Will a transit access improvement strategy be implemented? What is the extent of access improvements? 7 Intercept Lot Will an intercept lot strategy be implemented?0.00% 0.00% Category Measure Number Sub. Question Answer Strategy VMT Reductions Will there be participation in TOP?Yes What percentage of employees are eligible?100% Is a transit fare subsidy strategy implemented? What percentage of employees are eligible? What is the amount of transit subsidy per passenger (daily equivalent)? Is an employee parking cash-out strategy being implemented? What percentage of employees are eligible? Is a workplace parking pricing strategy implemented? What is the daily parking charge? What percentage of employees are subject to priced parking? Is a compressed work weeks strategy implemented? What percentage of employees are participating? What is the workweek schedule? Is an employer sponsered shuttle program implemented? What is the employer size? What percentage of employees are eligible? Is a carpool matching strategy implemented? What percentage of employees are eligble? Is carshare participation being implemented? How many employee memberships have been purchased? What percentage of employees are eligble? Is participation in the bikeshare program WE-cycle being implemented?No How many memberships have been purchased? What percentage of employees/guests are eligble? Is an end of trip facilities strategy being implemented? What is the degree of implementation? What is the employer size? Is a self-funded emergency ride home strategy being implemented? What percentage of employees are eligible? Is a carpool/vanpool priority parking strategy being implemented? What is the employer size? What number of parking spots are available for the program? Is a private employer shuttle strategy being implemented? What is the employer size? What percentage of employees are eligible? Is a trip reduction marketing/incentive program implemented?Yes What percentage of employees/guests are eligible?100% 1.71% 3.00% 4.66% 1. 22% work trips represents a mixed-used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail. 21 16 17 18 19 20 11 12 13 14 15 Participation in TOP Transit Fare Subsidy Employee Parking Cash-Out Workplace Parking Pricing Compressed Work Weeks Employer Sponsored Vanpool Carpool Matching Carshare Program Self-funded Emergency Ride Home Carpool/Vanpool Priority Parking Private Employer Shuttle Trip Reduction Marketing/Incentive Program End of Trip Facilities Cross Category Maximum Reduction, Neighborhood and Transit Global Maximum VMT Reductions TDM Input Page 0.00% 0.00% 0.00%Commute Trip Reduction Programs StrategiesOnsite Servicing Shared Shuttle Service Neighborhood/Site Enhancements Strategies3.00% 0.00% Network Expansion Service Frequency/Speed Transit Access Improvement Maximum Reduction Allowed in Category 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Bikeshare Program 0.00% 4.00% 0.00% 0.00% 0.00% 0.00% 4.00% Maximum Reduction Allowed in Category Maximum Reduction Allowed in CategoryTransit System Improvements Strategies1 2 4 5 6 8 9 10 Instructions TDM: Choose the mitigation measures that are appropriate for your project. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of project location and future use. 82 DATE: PROJECT NAME: PROJECT ADDRESS: APPLICANT CONTACT INFORMATION: NAME, COMPANY, ADDRESS, PHONE, EMAIL Peak Hour Max Trips Generated MMLOS TDM Total Trips Mitigated PM 11.7 10 0.54 10.54 1.12 The net trips to be mitigated is greater than 0. The project shall propose additional mitigation measures. Click on the "Generate Narrative" Button to the right. Respond to each of the prompts in the space provided. Each response should cover the following: 1.Explain the selected measure. 2.Call out where the measure is located. 3.Demonstrate how the selected measure is appropriate to enhance the project site and reduce traffic impacts. 4.Explain the Enforcement and Financing Plan for the selected measure. 5.Explain the scheduling and implementation responsibility of the mitigation measure. 6.Attach any additional information and a site map to the narrative report. Sara Adams BendonAdams 300 S. Spring Street, 202, Aspen, CO 81611 970-925-2855 x2 sara@bendonadams.com Summary and Narrative: Narrative: 6/6/2019 201 East Main Street 201 East Main Street Trip Generation SUMMARY Trip Mitigation NET TRIPS TO BE MITIGATED Project Description In the space below provide a description of the proposed project. 201 East Main Street is a historic property located within the Main Street Historic District. A small one story building is proposed along the alley to provide back of house services and restrooms for a new outdoor dining area along Main Street. The project includes new net leasable area in a basement space beneath the historic landmark buildings. The anticipated use is a restaurant. MMLOS Describe the enhanced pedestrian access point(s). This measure is to improve pedestrian access to the site from the ROW. It includes adding additional access points which prevent pedestrians and bicyclists from crossing a street, improvements to the project's ADA ramps in the ROW, and improvements to existing access points. A bike rack for public use, ADA van accessible parking space along the alley, and numerous ramps on property to make the site accessible are proposed. Benches are proposed in front of the property and the haphazard area along the Main Street ROW directly in front of the landmark is proposed to be replaced with more appropriate paving, benches and a bike rack. Include any additional information that pertains to the MMLOS plan in the space provided below. We explored grading the alleyway, but it is not feasible at this time. We also looked at the ADA ramps at the Main and Aspen intersection, but we cannot increase the width due to the existing CDOT infrastructure already in place for the traffic light. TDM The project proposes onsite amenities. Describe the combination of amenities below. Providing a combination of creative onsite amenities reduces the need for SOV trips throughout the day. Services within the development that will reduce the need for auto trips include grocery, restaurant, recreation rental, dry cleaning, child care, bicycle repair stations, etc. A combination of amenities is required. As discussed with Engineering, cash in lieu for hte remaining trips will be provided for improvements to the bus stop at Main and Garmisch. 83 Designated bike racks for employees and a permanent bike repair station are proposed along the alley Explain below how the project plans to participate in the Transportation Options Program (TOP). The successful project will work with City of Aspen staff to determine whether TOP membership is appropriate and, if so, to join the program. Notes: This program is not typically appropriate for employers of less than 20 employees. Grant funding from the TOP program may not be used to offset mitigation measures until the reporting period has been successfully completed The project will participate in the TOP through information provided in the employee breakroom. Explain the proposed trip reduction marketing/incentive program in the space provided. A trip reduction marketing programs should include a number of the following strategies: orientation to trip reduction programs and benefits; orientation to specific alternative transportation modes such as bus service information, bike/walk route maps, etc.; publishing of web or traditional informational materials; events and contests such as commuter fairs, new employee orientations, bike to work days, etc.; educational opportunities such bicycle commute/repair classes; web or traditional materials aimed at guests/customers such as bike/walk maps, free transit day passes, etc.; incentive programs such as prizes, rewards or discounts for alternative commuting. Employee break rooms will include maps, bus information, etc. and employee orientation will review these options. Include any additional information that pertains to the TDM plan in the space provided below. A tenant has not been selected for this space yet - the ownership will do their best to communicate these commitments to the tenant. MMLOS Site Plan Requirements Include the following on a site plan. Clearly call out and label each measure. Attach the site plan to the TIA submittal. Slopes Between Back of Curb and Sidewalk 2% Slope at Pedestrian Driveway Crossings Enhanced Pedestrian Access Point Pedestrian Directness Factor (See callout number 9 on the MMLOS sheet for an example) Bicycle Parking Enforcement and Financing Monitoring and Reporting Provide a monitoring and reporting plan. Refer to page 17 in the Transportation Analysis Guidelines for a list of monitoring plan requirements. Components of a Monitoring and Reporting Plan should include (1) Assessment of compliance with guidelines, (2) Results and effectiveness of implemented measures, (3) Identification of additional strategies, and (4) Surveys and other supporting data. Provide an overview of the Enforcement and Financing plan for the proposed transportation mitigation measures. A tenant has not been selected for this space yet - the ownership will do their best to communicate these commitments to the tenant. Scheduling and Implementation Responsibility of Mitigation Measures Provide an overview of the scheduling and implementation responsibility for the proposed transportation mitigation measures. A tenant has not been selected for this space yet - the ownership will do their best to communicate these commitments to the tenant. 84 A tenant has not been selected for this space yet - the ownership will do their best to communicate these commitments to the tenant. 85 1111111 lllll lllll lllll 11111111111111111111111111111111111 ll1111111111111111 RECEPTION#: 640806, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 08/21/2017 at 02:27:09 PM Janice K. Vos Caudill, Pitkin Countv. CO RESOLUTION NO. 13 (SERIES OF 2017) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING DEMOLITION, MINOR DEVELOPMENT, COMMERCIAL DESIGN REVIEW, AND SETBACK V ARIA TI ON APPROVALS FOR 201 E. MAIN STREET, LOTS A, B, & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273707328001 WHEREAS, the Community Development Department received an application from 201 E. Main Holdings, LLC (Applicant), represented by Rybak Architecture & Development, P.C. and Backen, Gillam & Kroeger Architects, for the following land use review approvals: •Demolition pursuant to Land Use Code Section 26.415, •Minor Development pursuant to Land Use Code Section 26.415, •Setback Variations pursuant to Land Use Code Section 26.415, •Commercial Design Review pursuant to Land Use Code Section 26.412; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application, April 26, 2017, as applicable to this Project; and, WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code, the Community Development Director may combine reviews where more than one (I) development approval is being sought simultaneously; and, WHEREAS, the Aspen Community Development Department reviewed the proposed Application and recommended continuation; and, WHEREAS, the Historic Preservation Commission reviewed the Application at a duly noticed public hearing on June 28, 2017, continued from June 14, 2017, during which time the recommendations of the Community Development Director and comments from the public were requested and heard by the Historic Preservation Commission; and, WHEREAS, during a duly noticed public hearing the Historic Preservation Commission approved Resolution No. 13, Series of 2017, by a six to zero (6 -0) vote, granting approval with the conditions listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section I: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants Demolition, Minor Development, Commercial Design Review, and Setback Variation approvals for the project as presented to HPC on June 28, 2017, with the following conditions: Historic Preservation Commission Resolution No. 13, Series 2017 Page I of3 exhibit M 86 I.HPC grants the following setback variations: a. West side yard setback reduced to zero (0) feet to recognize the historic development conditions and to accommodate the proposed infill development. b.South rear yard setback reduced to zero (0) feet to accommodate a new service enclosure. c. North front yard setback reduced to zero (0) feet to recognize the historic development conditions. 2. The project must include repair of all existing historic exterior materials and features, including masonry, doors, windows, and porch. A preservation plan detailing all repair and restoration work shall be submitted to staff for approval prior to building permit submittal. 3.The Applicant shall restudy the window configuration on the infill addition to simplify the design, to be approved by staff and monitor. 4.Examine the exposed masonry on the interior of the front structure to identify the exact location to re-install the historic east facing window. 5. Remove all proposed wall sconces on the historic east walls that are not above an entry. 6. All mechanical equipment shall also be set back from any street-facing fa9ade a minimum of 15 feet. Final mechanical equipment selection shall be submitted to staff for approval prior to building permit submittal. 7. Slate, which is proposed as a roofing material on the rear-lean-to, was not used historically in Aspen and is not an approved roofing material. Final selection of a wood shingle or metal roof material shall be approved by staff and monitor. 8. The proposed evergreen plants are not approved along the base of the west and north sides of the historic structures because they are uncharacteristic of the historic landscape and may introduce too much moisture along the foundation of the buildings. Any sprinklers shall be located a minimum of three (3) feet away from the walls of the historic structures. 9. The mechanical screen shall be wood siding to match the infill addition. Final height and design shall be approved by staff and monitor. I 0. The reconstructed wall on the alley side of the south structure shall be wood siding to match the infill addition. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department and the Historic P.reservation Commission are Historic Preservation Commission Resolution No. 13, Series 2017 Page 2 of3 87 hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed and approved this 28 th day of June, 2017. ved as to content: v, v Historic Preservation Commission Resolution No. 13, Series 2017 Page 3 of3 88 exhibit N 89 90 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. 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From Parcel: 273707328001 on 05/29/2019 Instructions: Disclaimer: http://www.pitkinmapsandmore.com exhibit O 91 GOOLSBY BRYAN & MICHELLE DALLAS, TX 75230 6722 WAGGONER DIRE WOLF LLC ASPEN, CO 81611 100 E MAIN ST # 1 MONARCH BUILDING LLC WOODY CREEK, CO 81656 PO BOX 126 CARVER RUTH A REV TRUST ASPEN, CO 81611 116 S ASPEN ST DCBD2 LLC DALLAS, TX 75201 2100 ROSS AVE #550 HILLSTONE RESTAURANT GROUP INC ATLANTA, GA 30327 3539 NORTHSIDE PKWY 100 EAST MAIN STREET LLC ASPEN, CO 81611 623 E HOPKINS AVE 360 HEXAGON LLC OVERLAND PARK , KS 66210 9401 INDIAN CREEK PKWY STE 800 JBC PREFERRED PROPERTIES LLC DELRAY BEACH, FL 33483 1005 BROOKS LN HILLSTONE RESTAURANT GROUP INC ATLANTA, GA 30327 3539 NORTHSIDE PKWY 232 EAST MAIN STREET LLC CHICAGO, IL 60614 2001 N HALSTED #304 KRIBS KAREN REV LIV TRUST ASPEN, CO 81612 PO BOX 9994 FLEMING KIMBERLY PAIGE ASPEN, CO 81612 PO BOX 2869 ROCKING LAZY J PROPS LLC ASPEN, CO 81611 202 E MAIN ST PEARCE FAMILY TRUST ASPEN, CO 81611 216 E MAIN ST MONARCH BUILDING LLC WOODY CREEK, CO 81656 PO BOX 126 208 MAIN LLC ASPEN, CO 81611 623 E HOPKINS AVE HILLSTONE RESTAURANT GROUP INC ATLANTA, GA 30327 3539 NORTHSIDE PKWY HILLSTONE RESTAURANT GROUP INC ATLANTA, GA 30327 3539 NORTHSIDE PKWY FTG ASPEN LLC BLOOMFIELD HILLS, MI 48301-3141 6735 TELEGRAPH RD #110 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST LE VOTAUX II CONDO ASSOC ASPEN, CO 81611 COMMON AREA 117 N MONARCH ST 100 EAST MAIN STREET LLC ASPEN, CO 81611 623 E HOPKINS AVE JBC PREFERRED PROPERTIES LLC DELRAY BEACH, FL 33483 1005 BROOKS LN WEST END HOUSE LLC ASPEN, CO 81611 623 E HOPKINS AVE NUNN RONALD FAMILY LP BRENTWOOD, CA 94513 10500 BRENTWOOD BLVD 303 EAST MAIN LLLP ASPEN, CO 81612 PO BOX 8016 BTRSARDY LLC PALO ALTO , CA 94303 PO BOX 10195 DEPT 1173 120 EAST MAIN PARTNERS LLC ASPEN, CO 81611 120 E MAIN ST GETTMAN ROSA H TRUST SEASIDE, OR 971384811 88824 BLUE HERON RD 92 HODES ALAN & DEBORAH AVENTURA , FLA 33180 19951 NE 39TH PLACE ICONIC PROPERTIES JEROME LLC HOUSTON, TX 77077 1375 ENCLAVE PKWY SUNNY SNOW LTD SAN ANTONIO, TX 78209 308 TORCIDO DR HILLSTONE RESTAURANT GROUP INC ATLANTA, GA 30327 3539 NORTHSIDE PKWY HANOVER ASPEN LLC WOODY CREEK, CO 81656 PO BOX 481 CARLS REAL ESTATE LLC ASPEN, CO 81612 PO BOX 1365 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST 120 EAST MAIN PARTNERS LLC ASPEN, CO 81611 120 E MAIN ST SEGUIN BUILDING CONDO ASSOC ASPEN, CO 81611 COMMON AREA 304 E HYMAN AVE PEGOLOTTI DELLA ASPEN, CO 81611 202 E MAIN ST 100 EAST MAIN STREET CONDO ASSOC ASPEN, CO 81611 100 E MAIN ST MINERS REAL ESTATE LLC ASPEN, CO 81612 PO BOX 1365 1543 LLC DENVER, CO 80202 1543 WAZEE ST #400 HOFFMAN JOHN L & SHARON R TRUST KANSAS CITY, MO 64108 411 E 63RD ST HILLSTONE RESTAURANT GROUP INC ATLANTA, GA 30327 3539 NORTHSIDE PKWY ASPEN CORNER OFFICE LLC ASPEN, CO 81611 200 E MAIN ST PEARCE MARGARET A ASPEN, CO 81611 216 E MAIN ST JAFFE JONATHAN & KAREN LAGUNA BEACH, CA 92651 88 EMERALD BAY 93 exhibit P 94 June 07, 2019 PINNACLE DESIGN CONSULTING GROUP, INC. To Whom It May Concern 0805 Buck Point Road City of Engineering Dept.Carbondale, CO 81623 201 N. Mill Street (970) 963-2170 Office Suite 203 of the Mill Building pinnacledesign@sopris.net Aspen, Colorado 81611 RE: MINOR LAND USE SUBMITTAL 201 E. MAIN STREET CONCEPTUAL GRADING AND DRAINAGE PLAN To Whom it May Concern: Attached is a copy of our proposed Conceptual Grading and Drainage plan for the Aspen Diner located at 201 E. Main Street in Aspen, Colorado. The existing site (approximately 9,000 square feet in size) is generally mild sloping and pitches from south to north and from east to west. The southerly portion of the Lot slopes from east to west along the alley. The proposed site improvements will include an addition to the existing building, a new building located on the southeasterly portion of the Lot, and new hardscape patio areas. Due to a lack of usable open space for above ground water quality treatment options, a centralized “water quality” drywell is being proposed to handle stormwater for a majority of the Lot area. Storm water will be routed to the drywell via sub-surface drain pipes which will connect to either trench drains, area drains, or roof downspouts. An overflow pipe is being planned to convey stormwater from the water quality drywell to the City of Aspen Storm Drain System. Although we initially considered using permeable pavers in the courtyard/patio areas, it is our opinion that the section depth required for permeable pavers would likely impact the adjacent specimen spruce tree root structure. Therefore, flagstone set on concrete will be used as an alternative. Permeable pavers will be installed in the proposed parking spaces, adjacent to the alley location. As part of the proposed development, a new wide sidewalk is planned along the northerlyproperty line. It will connect to the handicap ramps located on the corner of Main Street and South Aspen Street. As part of the final design, we will work with both the City of Aspen Engineering Department and the Colorado Department of Transportation on potential handicap improvements that can be facilitated given constraints by traffic signal infrastructure. A portion of the sidewalk along the west side of the existing building will also be replaced to the extent required by the new exhibit Qnote: an updated drainge and grading plan has been attached to this letter based on comments from City departments. 95 96 97 201 E MAIN STREET, ASPEN, CO 81611 SHEET INDEXNORTHMINOR LAND USE SUBMITTALreview boardAbove finish floorA.F.F.Architectural siteA.S.R.B.ContinuousCONT. CONTR. ContractorTypicalTop of WallTop of PlywoodVeneerUnfinishedVariesUnless Otherwise NotedUnexcavatedVinyl Composition TileUniform Building CodeU.B.C. T.O.W. T.O. PLYTYP. VEN. U.O.N. UNEXC. VAR. UNF. V.C.T. VestibuleWestVolumeVerticalVerify in FieldWoodWithoutWithWork Point orWater HeaterWall CoveringW. VOL. VEST. V.G.D.F. V.I.F. VERT. WD. W.P. W/O W.H. W.C. W/ WainscotWeightWaterproof MembraneWelded WireWet StandpipeWater ResistantW.S.P. WSCT. WW. WR. WT. W.P.M. WaterproofingVertical Grain Douglas FirReinforcedRegisterRetainingRequiredResilientREINF. REG. RESIL. RET. REQ. MountedMTD. MISC. NumberNominalNewNorthMullion(N) NO. or # NOM. N.I.C. N. MUL. HardwoodHardwareHandrailHeightHangerHourHot Water HeaterHollow MetalHorizontalOpeningOverallOn CenterOPP. O.D. OPNG. O.C. O.A. N.T.S. PerimeterPlasterPlatePlywoodPanelPL. P.LAM. PLAS. PERIM. PLYWD. PNL. OppositeInteriorInchIntermediateInside DiameterInsulationKitchenJanitorJointJoistLaminateOutside Diameter (Dim.)Plastic LaminateNot in ContractNot to ScaleMiscellaneousPaintedPointPaintP.T.D. PTD. P.S.I. P.T. PT. PNT. RiserReturn AirQuarry TilePartitionR. R.A. Q.T. P.T.R. PTN. PoundLinearLightLineLavatoryMaterialMaintainMachineMedicine CabinetMachine BoltMaximumReferenceRecessedReflectedRadiusREFR. REFL. REF. REC. RAD. OverlayMetalMinimumManufacturerMembraneMechanicalMedium DensityRefrigeratorPaper Towel ReceptaclePaper Towel DispenserPer Square InchPressure TreatedPost TensionedHDWD. HDW. H.M. HORIZ. H.W.H. H.R. HR. HGT. HGR. Flat BarF.D. F.B. FinishFixtureSrewCabinetF.H.M.S. FIN. FIXT. F.H.W.S. F.E.C. Flat Head Wood ScrewFlat Head MachineFire ExtinguisherFloor DrainINTER. INSUL. INT. I.D. IN. KIT. JAN. JST. JT. LAM. FlashingFloorF.O.S. F.O.F. F.O. Ply FLASH. F.O.C. FLUOR. FLR. FurringFootingFrameFireproofFutureFT. FURR. FTG. F.P.R.F. FR. FUT. Face of PlywoodFace of ConcreteFace of StudFoot or FeetFace of FinishFluorescentConcreteConditionClosetConnectionConstructionCOND. CONC.CLOS. CONN. CONST.LT. LIN. LAV. LB. LN. MAT. M.D.O. M.C. M.B. MAX. MAINT. MACH. GeneralGaugeGalvanizedG.F.I. GEN. G.D. GA. GALV. G. GradeGypsumMetalGroundGlassGR. GYP. G.S.M. GND. GL. InterruptGalvanized SheetGarbage DisposalGround FaultGas OutletMECH. MEMB. MIN. MFR. MTL. HeaderHardboardHeadHose BibbHDR. HDBD. H.C. HD. H.B. Hollow Core orHandicappedExistingEXIST. EXP.ExpansionExteriorFire AlarmExteriorForced Air UnitF.A.U.F.A.EXT.EXP.EXT.ExpansionAnd< & At0A.C. # @ AngleAGGR. ALUM. ADJAC. ALT. A.D. ADJ. ACOUS. AsphaltBoardBITUM. BLDG. ARCH. APPROX.ASPH. BD. BetweenBottomBlockingBeamBlockBTWN. BLKG. B.P. BOT B.O. BM. BLK. CementCeilingCeramicCEM. CLKG. CLG. C.J. CER. C.B. ColumnCounterClearC.M.U. CNTR.COL.C.O.CLR. CaulkingBuildingBituminousConcrete Masonry UnitClean-OutControl JointCatch BasinBuilding PaperBottom ofAluminumArchitecturalApproximateAggregateAlternateArea DrainAdjustableAdjacentDiameter or RoundAcousticalAsphaltic ConcreteAir Conditioning orPound or NumberABBREVIATIONSBeverageBEV. Cast in PlaceCIP CenterCeramic TileC.T. CTR. DimensionDiameterDetailDoubleCold WaterDrinking FountainDrawingDownDishwasherDispenserDoorDrawerDIM. DIA. D.F. DET. DBL. C.W. DR. DWG. D.W. DISP. DN. DWR. ElectricalElevationExistingEachFinish SystemExpansion JointExterior Insulation &EqualEquipmentEnclosureEmergencyElectrical Panel BoardELEC. EL. E.J. (E) E.I.F.S. EA. E.P.B. EQUIP. EQ. ENCL. EMER. PROJECT STATISTICSMLU 0.0COVER SHEETInterior Finish & FixtureIFFR RemovalSITE LOCATION201 E MAIN STREET,ASPEN, CO 81611APN: 2737 073 28 001Top of T.O.To Be DeterminedT.B.D.Towel BarTreadTerrazzoTemperedTelephoneThickTongue & GrooveTop of CurbT.B. T. TEMP. T.M.E. T.&G. THK. TER. TEL. T.C. Top of PlateTop of ConcreteT.O.P. T.O.C. To Match ExistingRoomRemovableREMOV. R.O. RM. REV. SouthSee Civil DrawingsStorm Drain,Solid CoreRedwoodSheetSectionShowerSprinkler HeadSeparationScheduleSoap Dispenser/DishS.C.D. S.C. S.D. S. RWD. SHT. S.E.D. SCHED. SECT. S.H. SEP. SHR. Rough OpeningSimilarSlidingSee Kitchen DrawingsSheathingSteelSquareStandardService SinkStainless SteelS.P.D. S.L.D. S.M.D. S.K.D.SHTG. SIM. SL. SPEC. SQ. S.S. S.S.D. S.S.K. STD. STL. SystemStorageStructuralShear WallSheet VinylSymmetricalSTRL. STOR. SYS. SYM. S.V. S.W. See Structural DrawingSee Mechanical DrawingsSee Plumbing DrawingsSpecification or SpecialSee Landscape DrawingsSee Electrical DrawingsRevision/Revised/ReversedPROJECT DIRECTORYPROJECT DESCRIPTION:201 East Main Street is a designated landmark property located within the Main StreetHistoric District. The 201 East Main Street commercial project includes a full basementbeneath the existing buildings, two new detached buildings along the alley andextensive landscape in the side yard.APN:2737 073 28 001TOTAL LOT AREA:8,952 SF (0.207 ACRES)ZONINGMIXED USE (MU) - MAIN STREET HISTORICDISTRICTCONSTRUCTION TYPE:TYPE V-BPROPOSED LEASABLE BUILDING AREA:5,328 SFPROJECT ADDRESS:201 E MAIN STREET, ASPEN, CO 81611OCCUPANCY:ASSEMBLY GROUP (A-2)NUMBER OF STORIES:1 + BASEMENTFIRE SPRINKLERS:YESPROPOSED GROSS BUILDING AREA:6,301 SFMLU 0.0COVER SHEETIMPROVEMENT SURVEYMLU 1.0SITE PLAN - DEMOLITIONMLU 1.1SITE PLAN - PROPOSEDMLU 2.0FIRST FLOOR PLAN - PROPOSEDMLU 2.1BASEMENT FLOOR PLAN - PROPOSEDMLU 2.2FLOOR PLAN AREA CALCULATIONSMLU 3.0EXISTING HISTORIC BUILDING ELEVATIONSMLU 3.1HISTORIC BUILDING NORTH ELEVATIONMLU 3.2HISTORIC BUILDING EAST ELEVATIONMLU 3.3HISTORIC AND OUTBUILDING SOUTH ELEVATIONMLU 3.4HISTORIC BUILDING WEST ELEVATIONMLU 3.5HISTORIC BUILDING SECTIONMLU 3.6OUTBUILDING ELEVATIONSMLU 3.7OUTBUILDING ELEVATIONMLU 3.8OUTBUILDING SECTIONSMLU 4.0RENDERINGSMLU 5.0HISTORIC PHOTOSC1CONCEPTUAL GRADING AND DRAINAGE PLANLMLU 1.0LANDSCAPE SITE PLANLMLU 2.1ELEVATION - MAIN STREETLMLU 2.2ELEVATION - ASPEN STREETLMLU 3.1MATERIALSLMLU 3.2MATERIALSIMAGE TO BE UPDATEDVICINITY MAPPROPERTY OWNER:Principal: Howard BackenContact: Dusan MotolikTel: (510) 213-0650Email: dmotolik@bgarch.comBacken Gillam Architects2352 Marinship WaySausalito, CA 94965ARCHITECT:OWNER'SREPRESENTATIVE:Contact: Jack WheelerTel: (970) 456-6470Email: wheeler@conceptonegroup.comConcept One Group1319 Wald CircleCarbondale, CO 81623201 East Main Street LLC2001 N Halsted Street,Suite 304Chicago, IL 60614Contact: Mark HuntTel: (312) 479-2050Email: mhunt@mdevco.comSURVEYOR:Contact: John M. HoworthTel: (970) 925-3816Email: aspensurveyors@gmail.comAspen Survey Engineers210 South Galena StreetAspen, CO 816112 3 5 2 M A R I N S H I P W A Y S A U S A L I T O C A L I F 94965 T E L E P H O N E 415 289 3860 F A C S I M I L E 415 289 3866 1 4 2 1 M A I N S T R E E T S T. H E L E N A C A L I F 94574 T E L E P H O N E 707 967 1920 F A C S I M I L E 707 967 1924 Copyright © 2017 by BACKEN GILLAM KROEGER ARCHITECTS 8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\0-Cover Sheet-Major LUS_201918.dwg SCALE :Plot DateDrawn ByChecked ByProject No.DateIssueMINOR LAND USE SUBMITTAL 201918DM, WS08/16/19DMSHEET ID:SHEET TITLE:These documents are the property ofBacken Gillam Kroeger Architects.Any unauthorized use without thewritten consent is prohibited by law.Backen Gillam Kroeger Architectsdisclaims responsibility for thedocuments if used whole or in part atany other location.201 E MAIN STREET ASPEN, CO 81611 APN: 2737 073 28 001 LOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOLANDSCAPEARCHITECT:Contact: Mike AlbertTel: (970) 925-8354Email: malbert@designworkshop.comDesign Workshop120 East Main StreetAspen, CO 81611PLANNINGCONSULTANT:Contact: Sara AdamsTel: (970) 925-2855Email: sara@bendonadams.comBendonAdams300 South Spring Street,#202Aspen, CO 81611CIVIL ENGINEER:Contact: Hans BruckerTel: (970) 963-2170Email: pinnacledesign@sopris.netPinnacle Design ConsultingGroup, Inc.0805 Buck Point RoadCarbondale, CO 8162398 PROPERTY LINELANDSCAPING PLANTER WITH COTTONWOOD STREETTREES TO REMAIN(E)ASPEN TREE WITHIN PROPERTY, TYP.(E)METAL FENCE(E)LILAC SHRUB WITHIN PROPERTY, TYP.(E)SPRUCE TREELANDSCAPING TO REMAINSOUTH ASPEN STREETEAST MAIN STREET CONCRETE SIDEWALKTO BE REMOVEDLANDSCAPING PLANTER WITH COTTONWOOD STREET TREES5'-0"SETBACK5'-0" SETBACK 5'-0" SETBACK BUILDING AT ADJACENT PROPERTYALLEY BLOCK 74 INFILL PREVIOUSLY APPROVED UNDER HPCRESOLUTION 13-201710'-0"SETBACKDEMOLISHED UNDER PREVIOUSLY APPROVED HPCRESOLUTION 13-2017TO BE DEMOLISHED(E)WOOD FENCESTONE PATIO TOBE REMOVEDCONCRETE PATIO TOBE REMOVEDTREE REMOVAL PERMIT TO BE FILED WITHPARKS DEPARTMENTTREE REMOVAL PERMIT PREVIOUSLY APPROVED;PERMIT TO BE UPDATED PER PARKS DEPARTMENTTREE REMOVAL PERMIT PREVIOUSLY APPROVED;PERMIT TO BE UPDATED PER PARKS DEPARTMENTMLU1.0SITE PLAN -DEMOLITIONN01'8'16'2 3 5 2 M A R I N S H I P W A Y S A U S A L I T O C A L I F 94965 T E L E P H O N E 415 289 3860 F A C S I M I L E 415 289 3866 1 4 2 1 M A I N S T R E E T S T. H E L E N A C A L I F 94574 T E L E P H O N E 707 967 1920 F A C S I M I L E 707 967 1924 Copyright © 2017 by BACKEN GILLAM KROEGER ARCHITECTS 8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\1-Site Plan-Demo-Minor LUS_201657.dwg SCALE :Plot DateDrawn ByChecked ByProject No.DateIssueMINOR LAND USE SUBMITTAL 201918DM, WS08/16/19DMSHEET ID:SHEET TITLE:These documents are the property ofBacken Gillam Kroeger Architects.Any unauthorized use without thewritten consent is prohibited by law.Backen Gillam Kroeger Architectsdisclaims responsibility for thedocuments if used whole or in part atany other location.201 E MAIN STREET ASPEN, CO 81611 APN: 2737 073 28 001 LOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 99 SEE LANDSCAPE DRAWINGS FORPATIO LANDSCAPE DESIGN & OTHEROFF-SITE IMPROVEMENTSPROPOSED OUTBUILDINGINFILL PREVIOUSLY APPROVED UNDERHPC RESOLUTION 13-2017EXIST. SPRUCETREEGAS APPLIANCE FIREPLACEEAST MAIN STREET SOUTH ASPEN STREETALLEY PATIO W/OUTDOORSEATINGPROPOSED (3) ON-SITE PARKINGSPACES11'-0"8'-6"8'-6"5'-0"OUTDOOR SEATING, TYP.WOOD FENCE WITH ENTRY GATE TOMATCH (E) WOOD FENCECOLLAPSIBLE PATIO SHADEUMBRELLA, TYP.STREET IMPROVEMENTS, SEELANDSCAPE AND CIVIL DRAWINGSLOCATION OF RELOCATEDTELEPHONE PEDESTALBIKE RACK WITH TOOL STATION,SEE LANDSCAPE DRAWINGSPROPOSED VAN ACCESSIBLEPARKING WITH LOADING AREANEXT TO BUILDING6:12 SLOPETYP.BIKE RACKS, SEE LANDSCAPEDRAWINGS15'-0" MIN.10'-0"SETBACK5'-0"SETBACK5'-0" SETBACK 5'-0" SETBACK FIRE CONNECTION STAND PIPESTREET IMPROVEMENTS, SEELANDSCAPE AND CIVIL DRAWINGSL OF PATIO SHALL ALIGNWITH L OF ROOF RIDGE ATADJ. PROPERTY BUILDINGCCMLU1.1SITE PLAN -PROPOSEDN01'8'16'PEDESTRIAN AMENITY CALCULATIONTOTAL LOT AREA = 8,952 SFPEDESTRIAN AMENITY = 2,352 SF PROVIDED(25% OF LOT AREA IS REQUIRED = 2,238 S.F.)2 3 5 2 M A R I N S H I P W A Y S A U S A L I T O C A L I F 94965 T E L E P H O N E 415 289 3860 F A C S I M I L E 415 289 3866 1 4 2 1 M A I N S T R E E T S T. H E L E N A C A L I F 94574 T E L E P H O N E 707 967 1920 F A C S I M I L E 707 967 1924 Copyright © 2017 by BACKEN GILLAM KROEGER ARCHITECTS 8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\1-Site Plan-Proposed-Minor LUS_201918.dwg SCALE :Plot DateDrawn ByChecked ByProject No.DateIssueMINOR LAND USE SUBMITTAL 201918DM, WS08/16/19DMSHEET ID:SHEET TITLE:These documents are the property ofBacken Gillam Kroeger Architects.Any unauthorized use without thewritten consent is prohibited by law.Backen Gillam Kroeger Architectsdisclaims responsibility for thedocuments if used whole or in part atany other location.201 E MAIN STREET ASPEN, CO 81611 APN: 2737 073 28 001 LOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 100 PROPERTY LINE9'-9"1'-2"11"7'-7"SOUTH HISTORICAL BUILDINGBUILDING INFILLNORTH HISTORICAL BUILDING3'-8"3'-8"HIST.WINDOW TO REMAIN, TYP.STEEL AND GLASS WINDOWS(N) STEEL AND GLASS TILT UP DOOR(N) WOOD WINDOW TO MATCHEXISTING WOOD WINDOWSNOTES:1.FINAL SEATING LAYOUT IN DINING ROOM TO BE STILL DETERMINED.2.FINAL MAIN KITCHEN EQUIPMENT LAYOUT TO BE STILL DETERMINED.3.FINAL PREP KITCHEN & STORAGE LAYOUT TO BE STILL DETERMINED.(N) STEEL DOOR(E)DOUBLE WYTHE BRICKWALL, TYP.EXTERIOR WALL, TYP.BACK OF HOUSEBACK OFHOUSETOILET RM.PARKING #2VAN ACCESSIBLE PARKING #1PARKING #3COVERED TRASHENCLOSURE18'-0"5'-0"11'-0"8'-6"8'-6"BARN DOOR FOR SECURITYAFTER HOURS2MLU3.81MLU3.8-MLU3.31MLU3.62MLU3.6LANDSCAPE AREAOUTDOOR PATIO23'-6"10'-4"18'-2"19'-4"22'-7" 8'-4 1/2"BARN DOOR FORSECURITY AFTER HOURSDINING AREALULAELEVATORDNDN(N) STEEL DOORSFOOD PREP AREAEXITDISCHARGE6'-9"15'-0"DNDNDN-MLU3.5-MLU3.1-MLU3.2-MLU3.4ENTRYPORCHFINISH FLOOR = 7902.76'FINISH FLOOR = 7901.3'MAIN LEVEL OF BUILDINGPREVIOUSLY APPROVED UNDERHPC RESOLUTION 13-2017PROPOSED LAYOUTFOR ILLUSTRATIVE PURPOSES ONLY, INTERIOR FLOOR PLAN SUBJECT TO CHANGE BY OWNER, AS NEEDED.STAIRSSTAIRSPROPOSED GOOSENECK LIGHTFIXTURE ABOVE MAINACCESSIBLE ENTRANCE DOORS,TYP.VAN ACCESSIBLE PARKING LOADING AREAELEVATOR ROOMWOOD DOOR ATOUTBUILDING, TYP.RELOCATED TELEPHONEPEDESTAL9'-0"3'-6"FIRE CONNECTION STAND PIPE(N) STEEL DOOR1MLU3.74'-0"SOUTH ASPEN STREETEAST MAIN STREET ACCESSIBLE ROUTE OF TRAVELACCESSIBLE ENTRY GATEALLEY COVEREDBREEZEWAYMLU 2.0FIRST FLOORPLANN2 3 5 2 M A R I N S H I P W A Y S A U S A L I T O C A L I F 94965 T E L E P H O N E 415 289 3860 F A C S I M I L E 415 289 3866 1 4 2 1 M A I N S T R E E T S T. H E L E N A C A L I F 94574 T E L E P H O N E 707 967 1920 F A C S I M I L E 707 967 1924 Copyright © 2017 by BACKEN GILLAM KROEGER ARCHITECTS 8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\2-Plan-Proposed-Minor LUS_201918.dwg SCALE :Plot DateDrawn ByChecked ByProject No.DateIssueMINOR LAND USE SUBMITTAL 201918DM, WS08/16/19DMSHEET ID:SHEET TITLE:These documents are the property ofBacken Gillam Kroeger Architects.Any unauthorized use without thewritten consent is prohibited by law.Backen Gillam Kroeger Architectsdisclaims responsibility for thedocuments if used whole or in part atany other location.201 E MAIN STREET ASPEN, CO 81611 APN: 2737 073 28 001 LOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO1MLU2.0FIRST FLOOR PLAN1/4" = 1'-0"101 UPUPLULAELEVATORTOILET ROOMSBACK OF HOUSEPROPOSED LAYOUTFOR ILLUSTRATIVE PURPOSES ONLY, INTERIOR FLOOR PLAN SUBJECT TO CHANGE BY OWNER, AS NEEDED.OUTLINE OF PROPSED OUTBUILDING ABOVENOTES:1.FINAL SEATING LAYOUT IN DINING ROOM TO BE STILL DETERMINED.2.FINAL MAIN KITCHEN EQUIPMENT LAYOUT TO BE STILL DETERMINED.3.FINAL PREP KITCHEN & STORAGE LAYOUT TO BE STILL DETERMINED.STAIRSSTAIRSPROPOSED BASEMENT UNDER HISTORICBUILDINGS AND BUILDING INFILLOUTLINE OF ADDITION ABOVEWHICH WAS APPROVED UNDERHPC RESOLUTION 13-2017MLU 2.1BASEMENTFLOOR PLANN2 3 5 2 M A R I N S H I P W A Y S A U S A L I T O C A L I F 94965 T E L E P H O N E 415 289 3860 F A C S I M I L E 415 289 3866 1 4 2 1 M A I N S T R E E T S T. H E L E N A C A L I F 94574 T E L E P H O N E 707 967 1920 F A C S I M I L E 707 967 1924 Copyright © 2017 by BACKEN GILLAM KROEGER ARCHITECTS 8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\2-Plan-Proposed-Minor LUS_201918.dwg SCALE :Plot DateDrawn ByChecked ByProject No.DateIssueMINOR LAND USE SUBMITTAL 201918DM, WS08/16/19DMSHEET ID:SHEET TITLE:These documents are the property ofBacken Gillam Kroeger Architects.Any unauthorized use without thewritten consent is prohibited by law.Backen Gillam Kroeger Architectsdisclaims responsibility for thedocuments if used whole or in part atany other location.201 E MAIN STREET ASPEN, CO 81611 APN: 2737 073 28 001 LOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO1MLU2.1BASEMENT FLOOR PLAN1/4" = 1'-0"102 LEASABLE BUILDING AREA: 2,432 SFGROSS BUILDING AREA: 2,668 SFLEASABLE BUILDING AREACALCULATED AT INTERIORFACE OF WALLGROSS BUILDING AREACALCULATED AT EXTERIORFACE OF STRUCTURALCOMPONENT, LINE OFFSETFROM WALL FOR CLARITYLEASABLE BUILDING AREA: 2,341 SFGROSS BUILDING AREA: 2,713 SFLEASABLE BUILDING AREA CALCULATEDAT INTERIOR FACE OF WALLTOILET ANDBACK OFHOUSEBACKOFHOUSEGROSS BUILDING AREA CALCULATED ATEXTERIOR FACE OF STRUCTURALCOMPONENT, LINE OFFSET FROM WALLFOR CLARITYLEASABLE BUILDING AREA: 555 SFTRASH ROOM: 256 SFGROSS BUILDING AREACALCULATED AT EXTERIORFACE OF STRUCTURALCOMPONENT, LINE OFFSETFROM WALL FOR CLARITYGROSS BUILDINGAREA: 920 SFBASEMENTBASEMENTHISTORIC BUILDINGFIRST FLOOR2,432 SF2,341 SF*2,432 SF2,896 SF5,328 SF--TOTAL:LEASABLE BUILDING AREABASEMENTHISTORIC BUILDINGOUTBUILDING2,668 SF6,301 SF920 SFTOTAL:GROSS BUILDING AREA2,713 SFEXISTING2,286 SF-+3,042 SFPROPOSED2,286 SFCHANGE:EXISTINGGROSS AREA2,464 SF--2,464 SFADDITIONAL FAR:NOTE: COVERED TRASH ROOM IS EXCLUDED FROM THE LEASABLE BUILDING AREA.* PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 VIA GMQS EXEMPTIONNOTE: COVERED TRASH ROOM IS INCLUDED IN THE GROSS BUILDING AREA.CALCULATED FLOOR AREAEXEMPT2,713 SF920 SF3,633 SF+ 1,169 SFOUTBUILDING-555 SFLEASABLE BUILDING AREACALCULATED AT INTERIORFACE OF WALLGROSS BUILDING AREACALCULATED AT EXTERIORFACE OF STRUCTURALCOMPONENT, LINE OFFSETFROM WALL FOR CLARITYLEASABLE BUILDING AREA: 2,286 SFGROSS BUILDING AREA: 2,464 SFMLU 2.2FLOOR PLAN AREACALCULATIONSN2 3 5 2 M A R I N S H I P W A Y S A U S A L I T O C A L I F 94965 T E L E P H O N E 415 289 3860 F A C S I M I L E 415 289 3866 1 4 2 1 M A I N S T R E E T S T. H E L E N A C A L I F 94574 T E L E P H O N E 707 967 1920 F A C S I M I L E 707 967 1924 Copyright © 2017 by BACKEN GILLAM KROEGER ARCHITECTS 8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\2-Plan-Proposed-Minor LUS_201918.dwg SCALE :Plot DateDrawn ByChecked ByProject No.DateIssueMINOR LAND USE SUBMITTAL 201918DM, WS08/16/19DMSHEET ID:SHEET TITLE:These documents are the property ofBacken Gillam Kroeger Architects.Any unauthorized use without thewritten consent is prohibited by law.Backen Gillam Kroeger Architectsdisclaims responsibility for thedocuments if used whole or in part atany other location.201 E MAIN STREET ASPEN, CO 81611 APN: 2737 073 28 001 LOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO1MLU2.2BASEMENT FLOOR PLAN1/8" = 1'-0"2MLU2.2FIRST FLOOR PLAN1/8" = 1'-0"3MLU2.2EXISTING PLAN1/8" = 1'-0"PRE-REPAIR PERMIT DEMOLITION103 SOUTH HISTORICAL BUILDINGNON-HIST. BUILDING WAS DEMOLISHEDNORTH HISTORICAL BUILDINGENTRYPORCHSOUTH HISTORICAL BUILDINGNON-HIST. BUILDING WAS DEMOLISHEDNORTH HISTORICAL BUILDINGENTRYPORCHNON-HIST. ELECTRICAL CONDUIT & LIGHT FIXTURESWERE DEMOLISHED THROUGHOUT, TYP.ROOF EAVE & GUTTER EXTENSION WEREDEMOLISHED, TYP.NON-HIST. DOOR TO BE DEMOLISHED AND REPLACEDWITH A NEW WINDOW TO MATCH HISTORICAPPEARANCE OF BUILDING, SEE MLU 5.0(E) HIST. WINDOW, TYP. U.O.N.NON-HIST. ELECTRICALCONDUIT & LIGHT FIXTURESWERE DEMOLISHEDTHROUGHOUT, TYP.ROOF EAVE & GUTTER EXTENSIONWERE DEMOLISHED, TYP.WOOD FENCE & LANDINGWERE DEMOLISHEDNON-HIST. WALL, DOOR AND WINDOWTO BE DEMOLISHED, BUILDING ADDITIONWAS PREVIOUSLY APPROVED UNDERHPC RESOLUTION 13-2017NOTE: DEMOLITION AND BUILDING ADDITION TO HISTORIC BUILDINGWAS PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017BUILDING ADDITION PREVIOUSLY APPROVEDUNDER HPC RESOLUTION 13-2017BUILDING ADDITION PREVIOUSLY APPROVEDUNDER HPC RESOLUTION 13-2017MLU 3.0EXISTINGELEVATIONSSOUTH ELEVATION - EXISTINGEAST ELEVATION - EXISTINGWEST ELEVATION - EXISTINGNORTH ELEVATION - EXISTING2 3 5 2 M A R I N S H I P W A Y S A U S A L I T O C A L I F 94965 T E L E P H O N E 415 289 3860 F A C S I M I L E 415 289 3866 1 4 2 1 M A I N S T R E E T S T. H E L E N A C A L I F 94574 T E L E P H O N E 707 967 1920 F A C S I M I L E 707 967 1924 Copyright © 2017 by BACKEN GILLAM KROEGER ARCHITECTS 8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\3-Existing Elevations-Minor LUS_201918.dwg SCALE :Plot DateDrawn ByChecked ByProject No.DateIssueMINOR LAND USE SUBMITTAL 201918DM, WS08/16/19DMSHEET ID:SHEET TITLE:These documents are the property ofBacken Gillam Kroeger Architects.Any unauthorized use without thewritten consent is prohibited by law.Backen Gillam Kroeger Architectsdisclaims responsibility for thedocuments if used whole or in part atany other location.201 E MAIN STREET ASPEN, CO 81611 APN: 2737 073 28 001 LOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 104 NORTH HISTORICAL BUILDING SIDEWALK SOUTH ASPEN STREETPROPOSED CHANGES MECHANICAL SCREEN ABOVE BUILDING INFILL BEYOND LOCATION OF FUTURE SIGNAGE GOOSENECK LIGHT, TYP. (E)HIST. WOOD DOUBLE HUNG WINDOW TO REMAIN, U.O.N. (E)WOOD & GLASS DOORS TO REMAIN, U.O.N. 3" BOARD3" GAP PROPOSED 3' TALL WHITE WOOD PICKET FENCE BRICK WALL WITH STUCCO BUILDING INFILL MECH. SCREEN 16'-6" NORTH HIST. BLDG. PARAPET 14'-9" NORTH HIST. BLDG. PORCH ROOF RIDGE 13'-5" HISTORIC BUILDING FINISH FLOOR 0'-0" DEFINED AT 7901.3' NOTE: DEMOLITION AND BUILDING ADDITION TO HISTORIC BUILDING WAS PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 PORCH DETAILING RESTORED TO MATCH EXISTING MATERIAL PALETTE SHIP LAP SIDING STANDING SEAM METAL ROOF FIRE CONNECTION STAND PIPE FIRE ALARM AND STROBE LIGHT EQ.EQ. MLU 3.1 HISTORIC BUILDING NORTH ELEVATION 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\3-Elevations-Minor LUS_201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO105 ADDITION PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 SOUTH HISTORICAL BUILDING BUILDING INFILL NORTH HISTORICAL BUILDING FRONT COVERED PORCH SIDEWALK WITH LANDSCAPING PLANTERALLEY (N) STEEL TILT UP DOOR (N) STEEL DOORS PAINTED SHIP LAP WOOD SIDING, TYP. MECHANICAL EQUIPMENT SCREENMECH. EQUIPMENT FOR KITCHEN (N) WOOD WINDOW TO MATCH EXISTING WOOD WINDOWS (E)HIST. WOOD DOUBLE HUNG WINDOW TO REMAIN, U.O.N. BRICK WALL WITH STUCCO BUILDING INFILL MECH. SCREEN 16'-6" NORTH HIST. BLDG. PARAPET 14'-9" INFILL BLDG. PARAPET 12'-0" STEEL DOOR NOTE: DEMOLITION AND BUILDING ADDITION TO HISTORIC BUILDING WAS PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 HISTORIC BUILDING FINISH FLOOR 0'-0" DEFINED AT 7901.3' PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 (N) GOOSENECK LIGHT FIXTURE ABOVE DOOR, TYP. SHIP LAP SIDING STANDING SEAM METAL ROOF PORCH DETAILING RESTORED TO MATCH EXISTING MATERIAL PALETTE FIRE CONNECTION STAND PIPE FIRE ALARM AND STROBE LIGHT MLU 3.2 HISTORIC BUILDING EAST ELEVATION 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\3-Elevations-Minor LUS_201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO106 SOUTH HISTORICAL BUILDING MECH. EQUIPMENT FOR PREP. KITCHEN MECHANICAL EQUIPMENT SCREEN ABOVE INFILL BUILDING SIDEWALKSOUTH ASPEN STREET (E)BRICK CHIMNEY (E)TPO ROOF PAINTED SHIP LAP WOOD SIDING, TYP. SIDEWALK TRASH ENCLOSURE ON-SITE PARKING 16'-0"8'-6"8'-6" VAN ACCESSIBLE PARKING SPACE AND LOADING AREA BIKE RACK WITH TOOL STATION PARKING SPACE PARKING SPACE ADDITION ROOF 10'-0" SOUTH HIST. BLDG. PARAPET 13'-8" INFILL BUILDING MECH. SCREEN 16'-6" NOTE: DEMOLITION AND BUILDING ADDITION TO HISTORIC BUILDING WAS PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 HISTORIC BUILDING FINISH FLOOR 0'-0" DEFINED AT 7901.3' OUTBUILDING FINISH FLOOR 0'-0" DEFINED AT 7902.76' OUTBUILDING LOWER ROOF RIDGE 12'-0" OUTBUILDING ROOF RIDGE 14'-6" ADDITION PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 OPEN SHIP LAP SIDING STANDING SEAM METAL ROOF MATERIAL PALETTE (N) STEEL DOOR MLU 3.3 HISTORIC & OUT BUILDING SOUTH ELEVATION 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\3-Elevations-Minor LUS_201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO107 GOOSENECK LIGHT, TYP. (E)CAFE SIGNAGE TO REMAIN HIST. WOOD DOUBLE HUNG WINDOW TO REMAIN, U.O.N. SOUTH HISTORICAL BUILDINGBUILDING INFILLNORTH HISTORICAL BUILDING STEEL WINDOW PAINTED SHIP LAP WOOD SIDING, TYP. MECHANICAL EQUIPMENT SCREEN MECH. EQUIPMENT FOR PREP. KITCHEN (E)BRICK CHIMNEY HIST. DOOR & TRANSOM ABOVE TO REMAIN WOOD SHINGLES ROOF FRONT COVERED PORCH BRICK WALL WITH STUCCO SIDEWALK WITH LANDSCAPING PLANTER EAST MAIN STREET ALLEY BUILDING INFILL MECH. SCREEN 16'-6" NORTH HIST. BLDG. PARAPET 14'-9" INFILL BLDG. PARAPET 12'-0" NOTE: DEMOLITION AND BUILDING ADDITION TO HISTORIC BUILDING WAS PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 HISTORIC BUILDING FINISH FLOOR 0'-0" DEFINED AT 7901.3' PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 ADDITION PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 SHIP LAP SIDING STANDING SEAM METAL ROOF MATERIAL PALETTE MLU 3.4 HISTORIC BUILDING WEST ELEVATIONS 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\3-Elevations-Minor LUS_201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO108 PROPOSED BASEMENT (E) NORTH HISTORIC BUILDING(E) SOUTH HISTORIC BUILDING 10'-0"BASEMENT FINISH FLOOR STILL T.B.D. SOUTH HIST. BLDG. ADDITION ROOF 10'-0" BLDG. INFILL PARAPET 12'-0" SOUTH HIST. BLDG. PARAPET 14'-9" NOTE: DEMOLITION AND BUILDING ADDITION TO HISTORIC BUILDING WAS PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 BUILDING INFILL PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 MECHANICAL SCREEN PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 HISTORIC BUILDING FINISH FLOOR 0'-0" DEFINED AT 7901.3' BUILDING INFILL MECH. SCREEN 16'-6"F.F. TO BOTTOM OF FLOORSTRUCTURE ABOVEADDITION PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 SHIP LAP SIDING STANDING SEAM METAL ROOF MATERIAL PALETTE MLU 3.5 HISTORIC BUILDING SECTION 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\3-Elevations-Minor LUS_201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO109 PROPOSED OUTBUILDING OUTDOOR PATIO SEATING AREA AND LANDSCAPING WITH PROPOSED OUTBUILDING BEYOND KYNAR COATING STANDING SEAM MTL. ROOFPAINTED SHIP LAP WOOD SIDING, TYP. UPPER PATIO LOWER PATIO KYNAR COATING STANDING SEAM MTL. ROOF PAINTED SHIP LAP WOOD SIDING, TYP. NOTE: DEMOLITION AND BUILDING ADDITION TO HISTORIC BUILDING WAS PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 OUTBUILDING FINISH FLOOR 0'-0" DEFINED AT 7902.76' OUTBUILDING LOWER ROOF RIDGE 12'-0" OUTBUILDING UPPER ROOF RIDGE 14'-6" OUTBUILDING FINISH FLOOR 0'-0" DEFINED AT 7902.76' OUTBUILDING LOWER ROOF RIDGE 12'-0" OUTBUILDING UPPER ROOF RIDGE 14'-6" TRASH ENCLOSURE ROOF RIDGE 13'-6" WOOD ATTIC LOUVER WATER FEATURE, SEE LANDSCAPE DRAWINGS SHIP LAP SIDING STANDING SEAM METAL ROOF MATERIAL PALETTE MLU 3.6 OUTBUILDING ELEVATIONS 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\3-Elevations-Minor LUS_201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO1 MLU3.6 NORTH ELEVATION 1/4" = 1'-0" 2 MLU3.6 EAST ELEVATION 1/4" = 1'-0"110 ACCESSIBLE WALKWAY WITH PROPOSED OUTBUILDING BEYOND KYNAR COATING STANDING SEAM MTL. ROOF PAINTED SHIP LAP WOOD SIDING, TYP. WOOD DOOR TO TRASH ENCLOSURE RAIN GUTTER WITH DOWNSPOUT WD. ATTIC LOUVER NOTE: DEMOLITION AND BUILDING ADDITION TO HISTORIC BUILDING WAS PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 OUTBUILDING FINISH FLOOR 0'-0" DEFINED AT 7902.76' OUTBUILDING UPPER ROOF RIDGE 14'-6" TRASH ENCLOSURE ROOF RIDGE 13'-6" GOOSENECK LIGHT, TYP. OPEN PAINTED SHIP LAP WOOD SIDING, TYP. CONCRETE CURB SHIP LAP SIDING STANDING SEAM METAL ROOF MATERIAL PALETTE MLU 3.7 OUTBUILDING ELEVATION 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\3-Elevations-Minor LUS_201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO1 MLU3.7 WEST ELEVATION 1/4" = 1'-0"111 HISTORIC BUILDING PROPOSED OUTBUILDING LANDSCAPINGWALKWAY MAIN LEVEL COVERED BREEZEWAY BACK OF HOUSE SIDEWALK TRASH ENCLOSURE HALLWAY BACK OF HOUSE PROPOSED STANDING SEAM ROOF PROPOSED OUTBUILDING NOTE: DEMOLITION AND BUILDING ADDITION TO HISTORIC BUILDING WAS PREVIOUSLY APPROVED UNDER HPC RESOLUTION 13-2017 OUTBUILDING FINISH FLOOR 0'-0" DEFINED AT 7902.76' OUTBUILDING FINISH FLOOR 0'-0" DEFINED AT 7902.76' OUTBUILDING LOWER ROOF RIDGE 12'-0" OUTBUILDING UPPER ROOF RIDGE 14'-6" OUTBUILDING UPPER ROOF RIDGE 14'-6" TRASH ENCLOSURE ROOF RIDGE 13'-6" PROPOSED BASEMENT ADJACENT PROPERTY WATER FEATURE, SEE LANDSCAPE DRAWINGS 10'-0"F.F. TO BOTTOM OF FLOORSTRUCTURE ABOVESHIP LAP SIDING STANDING SEAM METAL ROOF MATERIAL PALETTE MLU 3.8 OUTBUILDING SECTIONS 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\3-Elevations-Minor LUS_201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO1 MLU3.8 BUILDING SECTION 1/4" = 1'-0" 2 MLU3.8 BUILDING SECTION 1/4" = 1'-0" 112 MLU 4.0 RENDERINGS NORTH WEST AERIAL VIEW NORTH EAST AERIAL VIEW SOUTH WEST AERIAL VIEW SOUTH EAST AERIAL VIEW 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\4-Renderings-Minor LUS_201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO113 2 3 5 2 M A R I N S H I P W A YS A U S A L I T O C A L I F 94965T E L E P H O N E 415 289 3860F A C S I M I L E 415 289 38661 4 2 1 M A I N S T R E E TS T. H E L E N A C A L I F 94574T E L E P H O N E 707 967 1920F A C S I M I L E 707 967 1924Copyright © 2017 byBACKEN GILLAM KROEGER ARCHITECTS8/14/19 S:\2019\201918 - Aspen Diner\1-Drawings\01-Current\Minor Land Use Submittal\02-Plotfile\5-Historical Photos-201918.dwgSCALE : Plot Date Drawn By Checked By Project No. Date IssueMINOR LAND USESUBMITTAL201918 DM, WS 08/16/19 DM SHEET ID: SHEET TITLE: These documents are the property of Backen Gillam Kroeger Architects. Any unauthorized use without the written consent is prohibited by law. Backen Gillam Kroeger Architects disclaims responsibility for the documents if used whole or in part at any other location.201 E MAIN STREET ASPEN, CO 81611APN: 2737 073 28 001LOTS A, B & C, BLOCK 74, CITY AND TOWNSITEOF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADOMLU 5.0 HISTORICAL PHOTOGRAPHS 114 Newspapers Hardscape/ Sidewalk >8’-0” 6’-0”+ New Floating Sidewalk 4’0” 8’0” clear accessible Entry Stoop Proposed Aspen Trees to Replace Removed Tree #1 and #2 Existing Trees Existing Trees SOUTH ASPEN STREET MAIN STREETSidewalk is 6’-0” Fireplace Existing Vegetation Existing Spruce Tree Drip Line Community Table (movable) Fence and Gate Permeable Pavers Landscape Light (Typical of 12) Lawn or Pea Gravel Porous Pavement for On-Site Parking 5’-0” Side Yard Setback 5’-0” Side Yard Setback 5’-0” Side Yard Setback10’-0” Front Yard SetbackWater Feature Relocated Telephone Pedestal Employee Bicycle Parking and Bicycle Repair Station Existing Aspen Trees Drip Line Proposed Cottonwood Tree to Replace Removed Tree #3 Outdoor Seating with Umbrellas *Outdoor furniture shown is illustrative only and may be moved or adjusted as needed by the tenant or owner without approval by HPC or the City of Aspen. Existing Traffic Light Manhole Sidewalk and Public Amenity Space (Bench and Bicycle Racks) 0 3 6 12 C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5816 2 3 4 5 6 7 A B C D E Minor Land Use SubmittalASPEN, CO 81611C O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Aug 06, 2019 - 4:22pmF:\PROJECTS_M-P\5816-201 E. Main\D-CAD\02. Sheets\dw-5816-ILLUSTRATIVE.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 201 E MAIN ST.ASN: 2737 073 28 001COUNTY OF PITKIN, STATE OF COLORADOLOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN,08/16/191 MLU APPL. REV 1 LANDSCAPE SITE PLAN LMLU 1.0 115 NOTE: NOT TO SCALE C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5816 2 3 4 5 6 7 A B C D E Minor Land Use SubmittalASPEN, CO 81611C O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Aug 06, 2019 - 4:22pmF:\PROJECTS_M-P\5816-201 E. Main\D-CAD\02. Sheets\dw-5816-ILLUSTRATIVE.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 201 E MAIN ST.ASN: 2737 073 28 001COUNTY OF PITKIN, STATE OF COLORADOLOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN,08/16/191 MLU APPL. REV 1 ELEVATION MAIN STREET LMLU 2.1 116 NOTE: NOT TO SCALE C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5816 2 3 4 5 6 7 A B C D E Minor Land Use SubmittalASPEN, CO 81611C O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Aug 06, 2019 - 4:22pmF:\PROJECTS_M-P\5816-201 E. Main\D-CAD\02. Sheets\dw-5816-ILLUSTRATIVE.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 201 E MAIN ST.ASN: 2737 073 28 001COUNTY OF PITKIN, STATE OF COLORADOLOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN,08/16/191 MLU APPL. REV 1 ELEVATION ASPEN STREET LMLU 2.2 117 C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5816 2 3 4 5 6 7 A B C D E Minor Land Use SubmittalASPEN, CO 81611C O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Aug 06, 2019 - 4:22pmF:\PROJECTS_M-P\5816-201 E. Main\D-CAD\02. Sheets\dw-5816-ILLUSTRATIVE.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 201 E MAIN ST.ASN: 2737 073 28 001COUNTY OF PITKIN, STATE OF COLORADOLOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN,08/16/191 MLU APPL. REV 1 Permeable Pavers - Patio MATERIALS Colored Concrete Standard ConcretePea Gravel Permeable Pavers - Parking Dining Umbrella Floating Sidewalk Detail - Aspen Street Landscape Path Light MATERIALS LMLU 3.1 TYPE: CARLSBAD, CA | PHONE 877 942 1179 | FAX 760 931 2916 | E-MAIL SALES@AURORALIGHT.COM | AURORALIGHT.COM In a continuing product improvement program, Auroralight reserves the right to modify product specifications without notification. © 2018 Auroralight, Inc. 9-12-REV~7.5 300-BLP 300 Cap Series 200 Cap Series 100 Cap Series ORDERING GUIDE: LBD-H L (LED) BD (BOLLARD) H (HERMOSA) FINISH [NAT] Natural [BLP] Bronze Living Patina [BLP-XD] BLP Extra Dark [NI] Nickel PVD HEIGHT [15] 15" [19] 19" [24] 24" [30] 30" CAP SERIES [100] 2 5/8" dia. [200] 3 1/8" dia. [300] 3 5/16" dia. VOLTAGE [12] 12V [120] 120V LENS [C] Clear [F] Frosted WATTAGE [7] 7.5W [12] 12W 3 5/8"94mm 3 3/8"85mm 2 5/8"67mm3 1/8"80mm 3 5/16"84mm 4 5/8"117mm XX 4"102mm LED COLOR [27D] 2700K [30D] 3000K [45D] 4500K [D] = Dimmable MOUNT 12V MOUNT OPTIONS: [G/S2] Ground Stake [G/S2.5] Ground Stake [T/R] 12" Trident Spike 120/12V MOUNT OPTIONS: [1/2] 1/2" Male Thread [L/P] Leveling Pedestal [S/M] Surface Mount [P/M] 4" Pedestal Mount [JB3-S] 3" J-Box Mount w/ Stake NOTE: See Mount Guide for more options CAT. #: LBD-H- LBD-H HERMOSA 1/2 L/P S/MG/S2.5G/S2 JB3-SP/MT/R The LBD-H area light blends understated elegance with engineering features only available from Auroralight. The ALP feature adjusts the cap assembly and exposes varying lens surface area, thereby controlling the amount and radial spread of light; adjustment can be locked in place once set. See BD-H for Halogen alternative. Features include: • 7.5 or 12 Watts • Cree XLAMP® High Intensity (XP-L) LED • 2700, 3000 or 4500K (CRI 80 typ.) • Thermally Integrated® and Field Serviceable LED Module • TRIAC Dimming to <10% typ. • 12 VAC Electronic or Magnetic Source Compatible (or 120 VAC) • Recommended Spacing 15–25' O.C. • Solid Copper and Brass Construction Powered by INDICATES REQUIRED FIELD INDICATES OPTIONAL FIELD Prefix Fireplace 5’-10”4’-8”4’-8”2’-6”5’-3”SIDEWALK PLAN VIEW NTS SIDEWALK CROSS SECTION NTS NOTES: 1.ONLY ONE SIDE OF THE SMOOTH DOWEL BARS NEED TO BE GREASED. GREASE SHOULD BE APPLIED TO THE SAME SIDE OF ALL BARS. 2.CONCRETE MUST CONFORM TO CDOT CLASS "D" (MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 4500 PSI). 80% OF THIS STRENGTH MUST BE GAINED IN THE FIRST 7 DAYS. 3.DOWELS MUST BE PLACED AT ALL JOINTS INCLUDING BETWEEN THE EXISTING AND PROPOSED SIDEWALK. **WIDTH OF SIDEWALK DEPENDANT UPON LOCATION. #4 EPOXY COATED GREASED Smooth DOWELS 12" ON CENTER. 2' MIN. LENGTH CENTERED ON JOINT DEEPROOT UB18-2 6"CONC SIDEWALK #4 EPOXY COATED GREASED SMOOTH DOWELS. CENTERED IN SIDEWALK. 4" COMPACTED GRANULAR MATERIAL. ADJUST THICKNESS AS REQUIRED TO MISS ROOTS. EXISTING SOIL. HAND OR AIR SPADE EXCAVATION 130 S GALENA ST PHONE: (970) 920-5080 ENGINEERING DEPARTMENT #:ENG - 303A STANDARD DETAILS FLOATING SIDEWALK DESIGN WWW.ASPENPITKIN.COM/DEPARTMENTS/ENGINEERING/DESIGN-CONSTRUCTION/ DATE COMMENTS REVISIONS CREATION DATE: 02/22/18 INITIALS: JAD LAST MODIFICATION DATE: INITIALS: ASPEN, CO 81611 CITY OF ASPEN xx/xx/xx (FOR DEVELOPMENT NEAR TREES) 118 C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5816 2 3 4 5 6 7 A B C D E Minor Land Use SubmittalASPEN, CO 81611C O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Aug 06, 2019 - 4:22pmF:\PROJECTS_M-P\5816-201 E. Main\D-CAD\02. Sheets\dw-5816-ILLUSTRATIVE.dwg120 East Main Street Aspen, Colorado 81611-1787 (970)-925-8354 201 E MAIN ST.ASN: 2737 073 28 001COUNTY OF PITKIN, STATE OF COLORADOLOTS A, B & C, BLOCK 74, CITY AND TOWNSITE OF ASPEN,08/16/191 MLU APPL. REV 1 6’-0” O.C. TYP.ENTRY GATE - 4’-0”3’ HEIGHTMATERIALS PLANTING Ornamental Grass and Perennial Foundation Planting Water Feature Fence & Gate Ornamental Grasses Aspen TreeVirginia Creeper Cottonwood Tree Gro-Low Fragrant Sumac Lilac Shrub MATERIALS LMLU 3.2 Water Feature Elevation 22’-0”2’-6”119 Exhibit S - DRC responses 201 East Main Street Exhibit S DRC comments 8.16.19 Applicant responses are in italics below. Building Department 1) MLU 2.1 - The two exits from the lower level need to be separated per 1007.1.1. The proposed layout appears to accomplish this, but further detail will need to be provided at building permit to confirm. Exiting compliance will be clarified at Building Permit Submittal. 2) MLU 2.1 - Separate lavatories are to be provided for each sex per 2902.1.1 The proposed layout on MLU2.1 showing unisex stalls with a combined lavatory area would need to be approved by the chief building official as an approved alternate method of design (104.11) Restroom layouts will be clarified at Building Permit Submittal. 3) Per City Policy (see attached) the front entrance is required to be accessible. We would like to revisit with HPC how an accessible front entrance could be provided. Alternate methods of entry must be approved by the Chief Building Official in conjunction with HPC. Per 1201.2 of the International Existing Building Code, an evaluative report that addresses how compliance would be damaging to the historic features should be provided at building permit. The primary entrance to the Historic Resource on Main Street is elevated above the adjacent sidewalk 1.3’, accessed by two steps, with a 3’ deep landing and an additional step up at the door threshold. The landing, steps and roof encroach into the Main Street Right of Way by 2’. Reconfiguration of this entrance system would be a degradation of the resource. The doors, landing and steps should remain to maintain the historic composition. There is potential to construct a ramp along the North Façade of the building, East of the Entry Porch; this approach would be parallel to the building, requiring a 90 degree turn into at the doors. However, the landing is only 3’ in width, Building Codes require a 5’ wide landing at the door. Reconfiguration of the landing to provide both a compliant landing and accessible turning area, along with clearances required to either side of the door would require the following: a. The landing to be raised to the door threshold level b. Increasing the depth of the landing to provide the turning space c. Construction of an additional riser and step to meet the sidewalk elevation. d. items b and c would push the landing configuration to further encroach upon the Main Street R.O.W. by a total of 5’. 120 Exhibit S - DRC responses 201 East Main Street e. The existing doors does not provide 32” clear width for access. A wider door would be required to be retrofitted into one of the two entry openings. The combined impact of these modification would substantially alter the historic resource’s primary façade; unlikely to get approval from H.P.C, or the Engineering Department for the additional encroachment. I.E.B.C. Section 1204.1 provides requirements for Accessibility when Historic Structures are being altered. Section 1204.1.3 provides exception 1, “If a main entrance cannot be made accessible an accessible nonpublic entrance that is unlocked while the building is occupied shall be provided,”. The renovation plans for the structure will provide a public entrance on the East façade of the infill addition, on an accessible route from both the Main Street sidewalk and the Alley parking. Signage will be provided as required under I.B.C. Section 1111. An Evaluation Report, as required by the I.E.B.C., shall be developed and submitted to the Building Department to address Accessibility compliance prior to the submittal of a Building Permit. 4) Side-hinged swinging or pivot doors are required at egress door locations (1010.1.2). Revise the pocket doors off the covered breezeway/back of house. Sliding doors at the breezeway/back of house areas are security gates to be utilized only after hours of operation. The doors will be locked in the open positions during operation, and signage will be provided per I.B.C. Section 1010.1.9.3.2 “Door to Remain Unlocked when this space is occupied” 5) Insufficient detail is provided regarding the accessible route throughout the site. At building permit, it will need to be demonstrated that there is an accessible route connecting the accessible entrance to all elements of the site (e.g., operable parts at the gate to the outdoor patio, and the recessed entry door to the dining area need to comply with ICC A117.1-2009.) (1104.2, 1104.3) Please refer to Sheet MLU 2.0 for clarification of the Accessible Route throughout the site. Detailed information on accessible parts at entrances will be provided with the Building Permit Application. Engineering These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Public Improvements (all required at building permit): 121 Exhibit S - DRC responses 201 East Main Street 1. All adjacent sidewalks and curb & gutter must be replaced as part of the project. The sidewalk along Aspen St involves tree conflicts and must be vetted with the Parks and Engineering Departments. The sidewalk along Aspen Street will be reinstalled as a 6’-0” wide floating sidewalk, per the City of Aspen “Floating Sidewalk Design” detail for development near trees. The edge closest to the existing trees will be held, and the expanded sidewalk will grow towards the building. 2. The ADA ramps at the corner must be replaced and compliant. The TIA refers to ADA improvements, but the civil report mentions traffic signal infrastructure preventing possible compliance. Please ensure ramps are to be replaced. The revised design reflects 6’ wide ADA compliant handicap ramps at the corner based on current survey information. 3. Plantings on the northwest corner of the building cannot impede sight distances any more than the existing building does. Plantings will not impede sight distances. 4. Re-grading of the alley must be examined through the project. 12% maximum slope and ADA compliant crossing are required. Based upon a review of the adjacent survey (across the alley) the grade from the existing west garage slab to the south edge of alley is already at 16.3%. Therefore, it doesn’t appear that the slope of the sidewalk crossing can be re-worked without further compromising the existing aforementioned driveway grade. Drainage Improvements (all required at building department): 1. Drywells are the BMP of last resort. Previous applications demonstrated that pervious pavers could handle the WQCV. The majority of the patio is outside of existing driplines. The minimum paver section is comparable to pavers on concrete section, therefore tree root implications are similar for each. Please further examine other WQCV options. The revised plan has been redesigned with a gravel bed for water quality treatment. The water quality drywell has been eliminated. 2. Any excavation within the driplines of existing trees must be approved by the Parks Department. The design will avoid excavation within the driplines of trees to the greatest extent possible. Should some excavation be required, the Parks Department will be notified for approval. Transportation Impact Analysis (required at HPC): 1. The MMLOS and TDM inputs only mitigate 10.54 trips, but the project generates 11.69. The other 1.15 trips will be mitigated by a fee in lieu of 1.15 trips * $6,000/trip = $6,900. This money will be contributed to the Garmisch and Main Bus Stop and Pedestrian Improvements Project. 122 Exhibit S - DRC responses 201 East Main Street Utilities (required at HPC): Utility work must be incorporated into the design. Electrical transformer must be relocated onto private property with proper clearances and easement must be provided. The existing transformer across the alley is on private property and has 900 amps of electric service capacity as currently configured. Parks 1. Parks is amenable for a floating sidewalk design where the sidewalks will be replaced provided that minimal excavation will occur and we hold the edge closest to the tree. 2. Irrigation in the planting strip along both Aspen and Main will require the irrigation piping to snake through the roots of the trees. Understood. 3. Tree permit has expired and will need to be renewed and an addendum for any other removals not covered in the original permit will need to be submitted. Understood. 4. Tree protection fencing needs to be re-established and all trees must adhere to the watering schedule that was addressed in the original tree permit. Understood. 5. Cambistat treatment by a certified applicator must occur no less than one year prior to construction on the 29” Spruce in the courtyard and the 29” & 34” Cottonwoods on Main Street. THIS MUST HAPPEN THIS LATE/SUMMER OR FALL. (If a Building permit is desired in 2020). Detailed application records will be required prior to Parks signoff on the Building permit. Understood. 6. City Forester will call out specific distances from trunks of trees in courtyard and on Main Street once stormwater/paver questions have been answered. 7. Did the applicant present any follow up on the drywell/permeable pavers? Permeable pavers are proposed. 8. Did the applicant clean up the area so that we could see what impacts have already occurred where they drove onto the lot from the alley? This is pending. 123 Exhibit S - DRC responses 201 East Main Street 9. The aspen trees that are closest to the proposed bike area in the alley may require a letter of permission from Explore Bookstores for excavation within the driplines of their trees. Understood. Zoning 1) With the building permit application, please provide detailed proposed Floor Area and existing/proposed Net Leasable calculations. Per Section 26.310.030.A & B, Exemptions (Impact Fees), “A. Development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures. This exemption is solely for an historic structure and its accessory structures. Development on an historic landmark property involving a non-historic or new building shall not be exempt”, and “B. Alteration, expansion or replacement of a structure which does not create additional floor area or net leasable commercial space”. As such, impact fees will be assessed based upon the proposed increase in net leasable commercial space. The proposed Floor Area calculations are necessary to demonstrate that the existing plus proposed development complies with the maximum allowable FAR in the Mixed-Use Zone District. This has been updated in the drawing set. 2) (Plan Sheet MLU 2.2) All elements of the new ‘Back of House’ area count towards net leasable and floor area. The new trash enclosure area will not be included as net leasable area. This has been updated in the drawing set. 3) (Plan Sheets MLU 3.0, MLU 3.3 and MLU 3.8) Along the west and south elevations it appears that some subgrade exposure exists which needs to be factored into the floor area calculations. Please clarify with the building permit application. This has been updated in the drawing set. 4) With the building permit application, detailed demolition calculations will be required to ensure that the cumulative 40% demolition threshold will not be realized. Per discussion with Sarah Adams and Dave Rybak on July 24, 2019, this information will be provided with the building permit application. 5) The proposed permanently affixed, free-standing fireplace appears to satisfy most requirements of Land Use Code Section 26.575.020.E.5.m., as it is not located between any lot line adjacent to a street and any structure, it is situated more than double the minimum setback for a primary structure from any lot line adjacent to a street, and it meets the minimum five-foot side-yard 124 Exhibit S - DRC responses 201 East Main Street setback. This section of the code also states that, “If visible from the street, these features shall be screened in accordance with Section 26.575.050, Fences.” The fireplace will be visible from Main Street, and the proposed 36” tall picket fence will likely not accomplish the screening contemplated by the code. Please see comment No. 7, below. Request for variation is included in the application. 6) The applicant has requested a setback variance for the proposed permanently affixed water feature; however, the setback would be satisfied in the location proposed, as it is more than double the minimum setback for a primary structure from any lot line adjacent to a street. The requirements of Land Use Code Section 26.575.020.E.5.m also apply to the permanent water feature; the first requirement of which is that these types of features are, “Prohibited between any lot line adjacent to a street and any structure”. As proposed, the water feature is situated between the new back of house building/restrooms, and Main Street. Please see comment No. 7, below. Request for variation is included in the application. 7) Regarding comments 5 & 6, above, pertaining to the permanently affixed water feature and fire place, and as noted in Exhibit A of the application; pursuant to Section 26.575.020.E.5.m & n, “The Community Development Director may approve exceptions to the requirements of m) and n) above. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no reasonable option exists. Approval shall be in the form of a recordable administrative determination”. Request for variation is included in the application. 125 Page 1 of 2 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer MEETING DATE: September 11, 2019 RE: 229 W. Smuggler Street– Minor Development Review and Variations, PUBLIC HEARING APPLICANT /OWNER: 229 West Smuggler Street LLC REPRESENTATIVE: CCY Architects LOCATION: Street Address: 229 W. Smuggler Street Legal Description: Unit B, Second and Smuggler Condominiums, City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2735-124-17-032 CURRENT ZONING & USE: R-6, duplex PROPOSED ZONING & USE: No change SUMMARY: The subject property was renovated by the current owner in 2018 and the project was presented with an HPC award for outstanding preservation. The owner would now like to make adjustments to an existing deck alongside a non-historic east- facing addition to the historic resource. The new deck is larger and requires setback variations to proceed. STAFF RECOMMENDATION: Staff recommends approval as proposed. 126 Page 2 of 2 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC) The Applicant is requesting the following land use approvals: • Minor Development (Section 26.415.070.C) - design review for alterations to a landmarked property. • Setback Variations (Section 26.415.110.C) - setback variations related to a proposed new condition. The Historic Preservation Commission (HPC) is the final review authority on this application. The small scope of work makes the project exempt from Call-Up notice to City Council. STAFF COMMENTS: The recently completed project on this property included a small one-story addition on the east side of the historic home. The subject deck is attached to that addition. The deck is fairly narrow, with steps descending towards the east. The entire structure sits in the east sideyard but did not require variations as designed because the deck surface is no more than 30” above grade, which qualifies it for setback exemption. The usability of the existing deck is limited. The proposed new deck has a larger platform in the east and south direction. The steps are moved so that they descend northward. The deck surface is to be changed from metal grate to wood, spaced apart to let water drip between boards. The new deck surface is slightly higher than the existing, exceeding the 30” setback exemption so that the east sideyard and combined sideyards will be reduced by 6’ 1 ½”if the project is approved. The applicable review criteria and staff findings in response to this application are detailed in Exhibits A and B. The deck is a fairly transparent element, recessed some distance down the side of the house. Staff finds that it does not add bulk to the development on the site and that the discrete location of outdoor space along the east property line is appropriate, given he desire to preserve the large open yard in the northwest corner of the site. Staff finds that the criteria are met. RECOMMENDATION: Staff recommends HPC approve the project as proposed. EXHIBITS: Resolution #____, Series of 2019 Exhibit A- Minor Development/Staff Findings Exhibit B- Setback Variations/Staff Findings Exhibit C- Application 127 HPC Resolution #__, Series of 2019 Page 1 of 3 RESOLUTION #__, SERIES OF 2019 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING MINOR DEVELOPMENT AND VARIATIONS APPROVAL FOR THE PROPERTY LOCATED AT 229 WEST SMUGGLER STREET, UNIT B, SECOND AND SMUGGLER CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-17-032 WHEREAS, the applicant, 229 West Smuggler Street LLC, represented by CCY Architects, has requested HPC approval for Minor Development Review and Variations for the property located at 229 W. Smuggler Street, Unit B, Second and Smuggler Condominiums. City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;” and WHEREAS, for Minor Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.C.3.b of the Municipal Code, and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of Setback Variations, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C, Setback Variations; and WHEREAS, HPC reviewed the project on September 11, 2019. HPC considered the application, the staff memo and public comments and found the proposal consistent with the review standards and granted approval by a vote of _ to _. NOW, THEREFORE, BE IT RESOLVED: Section 1: Minor Development Review HPC hereby approves Minor Development and Variations for the property at 229 W. Smuggler Street, including a 6’ 1 1/2” reduction of the east and combined sideyards for a deck as depicted in the application. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or 128 HPC Resolution #__, Series of 2019 Page 2 of 3 documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 229 W. Smuggler Street Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or 129 HPC Resolution #__, Series of 2019 Page 3 of 3 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE COMMISSION at its regular meeting on the _____ day of _______, 2019. Approved as to Form: Approved as to Content: _________________________________________________________________ _________________________________________________________ Andrea Bryan, Assistant City Attorney Gretchen Greenwood, Chair ATTEST: _________________________________________________________________ Nicole Henning, Deputy City Clerk 130 Page 1 of 2 Exhibit A Minor Development Staff Findings 26.415.070 No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or a property located within a Historic District until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review. An application for a building permit cannot be submitted without a development order. 26.415.070.C. Certificate of appropriateness for a minor development. 3. The procedures for the review of minor development projects are as follows: a) The Community Development Director will review the application materials and if they are determined to be complete, schedule a public hearing before the HPC. The subject property shall be posted pursuant to Paragraph 26.304.060.E.3.b. b) Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine the project's conformance with the City Historic Preservation Design Guidelines. c) The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a certificate of appropriateness and the Community Development Director shall issue a development order. d) The HPC decision shall be final unless appealed by the applicant or a landowner within three hundred (300) feet of the subject property in accordance with the procedures set forth in Chapter 26.316. Relevant Historic Preservation Design Guideline 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. • Building footprint and location should reinforce the traditional patterns of the neighborhood. • Allow for some porosity on a site. In a residential project, setback to setback development is typically uncharacteristic of the historic context. Do not design a project which leaves no useful open space visible from the street. 131 Page 2 of 2 STAFF RESPONSE: The Historic Preservation Design Guidelines do not address a raised deck like the one proposed in this application, other than Guideline 1.1, which speaks to setback conditions. Staff finds that the design guideline is met. A deck already exists on the east side of the Victorian. It is recessed from the front lot line and screened by vegetation. No historic materials are affected by this work. 132 Page 1 of 1 Exhibit B Setback Variation Criteria Staff Findings 26.415.110.C: Variances: Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. 1. The HPC may grant variances of the Land Use Code for designated properties to allow: a) Development in the side, rear and front setbacks; b) Development that does not meet the minimum distance requirements between buildings; c) Up to five percent (5%) additional site coverage; d) Less public amenity than required for the on-site relocation of commercial historic properties. 2. In granting a variance, the HPC must make a finding that such a variance: a) Is similar to the pattern, features and character of the historic property or district; and/or b) Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. STAFF RESPONSE: The applicant requests an additional 6’ 1 ½”reduction of the east sideyard and combined sideyards for the deck only. Staff finds that review criteria b is met for the requested setback variations because during the review of the existing additions, HPC placed a high priority on leaving the northwest corner of the site as open yard. The discrete location of this east deck is sympathetic to the historic resource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est Smuggler Street LLC 229 West Smuggler Street, Aspen, CO 81611 Lots A, B, & C Block 48 273512417032 229 West Smuggler Street LLC 3509 Crescent Ave., Dallas, TX 75205 214-354-9635 NA ddowler@lkcm.com CCY Architects - Evan A. Barrett, AIA 228 Midland Ave., Basalt, CO 81621 970-927-4925 NA ebarrett@ccyarchitects.com At a recently completed Historic residence, there is an existing metal deck off the Victorian kitchen that the owner wants to change. The owner would like to change the existing metal deck to an IPE wood deck. Also, the owner would like to change the orientation of the stairs (currently face East) down to the breakfast area to face North. 134 135 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 136 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Property Phone No.: Owner (“I”): Email: Address of Billing Property: Address: (Subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $___________flat fee for ____________________ $____________ flat fee for ____________________________________ $___________ flat fee for ___________________ $_____________ flat fee for____________________________________ For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $________________ deposit for_____________ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $________________ deposit for _____________ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: ________________________________ _______________________________________________ Jessica Garrow, AICP Community Development Director Name: _______________________________________________ Title: ____________________________________________________ City Use: Fees Due: $____Received $_______ David Dowler 229 West Smuggler Street, Aspen, CO 81611 214-354-9635 ddowler@lkcm.com 3509 Crescent Ave., Dallas, TX 75205 David Dowler Property Owner Propopertyt Owner: ________________________________________________ 137 PRE-APPLICATION CONFERENCE SUMMARY DATE: November 12, 2018 PLANNER: Amy Simon, amy.simon@cityofaspen.com PROJECT NAME AND ADDRESS: 229 W. Smuggler REPRESENTATIVE: John Schenck, jschenck@ccyarchitects.com DESCRIPTION: The applicant would like to modify an existing deck and steps on the east side of the Victorian home at 229 W. Smuggler. The proposed work may require setback variations to proceed. This review is a one-step hearing, meaning that all details of the proposal will be presented to HPC in one application. Staff will review the project and make a recommendation to HPC, based on the Historic Preservation Design Guidelines. HPC will make a decision to approve, approve with conditions, or deny the proposal. Below are links to relevant documents and a list of information needed to submit an application. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.415.070.C Development involving designated historic property or property within a historic district, Certificate of Appropriateness for a minor development 26.415.110.C Variances 26.575.020.E Measuring Setbacks 26.710.040 Medium-Density Residential (R-6) For your convenience – links to the Land Use Application and Land Use Code are below: Historic Preservation Design Guidelines Historic Preservation Land Use Application Packet Land Use Code REVIEW BY: • Staff for Complete Application • Historic Preservation Commission for decision PUBLIC HEARING: Yes 138 PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional/lesser hours will be billed/refunded at a rate of $325/hr.) REFERRAL FEES: No, however staff will seek referral comments from the Building Department, Zoning and Parks regarding any relevant code requirements or considerations. TOTAL DEPOSIT: $1,300 APPLICATION CHECKLIST – These items should first be submitted in a paper copy.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached to Application)  A site plan and survey showing property boundaries, the location and orientation of existing and proposed improvements, proximity to any preserved view planes, and predominant site characteristics.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property.  Scaled elevations and/or drawings of the proposed work and its relationship to the designated building.  An accurate representation of all building materials and finishes to be used in the development.  Photographs and other exhibits, as needed, to accurately depict location, extend and design of proposed work. 139 Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. During review of the case, additional items may be requested. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 140 June 28th, 2019 To: The Aspen Historic Preservation Commission (HPC) Thru: Amy Simon, Historic Preservation Planner From: CCY Architects, Evan Barrett, AIA (Authorized Agent to David Dowler) Re: 229 West Smuggler Street Legal Description of Land Use Application for Deck Remodel 426 North Second Street and 229 West Smuggler Street. LEGAL: Condominium Units A and B, SECOND AND SMUGGLER CONDOMINIUMS (A CONDOMINIUM), according to the Amended and Restated Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Plat Book 124 at Page 79 as Reception No. 654047, and as defined and described in the Amended and Restated Condominium Declaration recorded February 19, 2019 as Reception No. 654048, Pitkin County, Colorado. Evan A. Barrett, AIA C C Y A R C H I T E C T S 141 142 143 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 1 of 13 ALTA Commitment for Title Insurance (8-1-16) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Commitment COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. First American Title Insurance Company If this jacket was created electronically, it constitutes an original document. 144 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 2 of 13 ALTA Commitment for Title Insurance (8-1-16) COMMITMENT CONDITIONS 1.DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. 145 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 3 of 13 ALTA Commitment for Title Insurance (8-1-16) (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. 146 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 4 of 13 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule A Transaction Identification Data for reference only: Issuing Agent:Winter VanAlstine Issuing Office:Attorneys Title Insurance Agency of Aspen, LLC Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.: Commitment No.:19004184 Issuing Office File No.:19004184 Property Address:426 North Second Street, Unit A and 229 West Smuggler Street, Unit B, Aspen, CO 81611 SCHEDULE A 1. Commitment Date: June 27, 2019 at 07:45 AM 2. Policy or Policies to be issued: Amount Premium A.ALTA Owners Policy (06/17/06)TBD $0.00 Proposed Insured:TBD Certificate of Taxes Due $0.00 Endorsements: Additional Charges:$0 Total $0.00 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. The Title is, at the Commitment Date, vested in: 426 North Second, LLC, a Colorado limited liability company (Parcel A) and 229 West Smuggler, LLC, a Colorado limited liability company (Parcel B) 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 426 North Second Street, Unit A and 229 West Smuggler Street, Unit B, Aspen, CO 81611. 147 SCHEDULE A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 5 of 13 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A Attorneys Title Insurance Agency of Aspen, LLC By: Winter VanAlstine Authorized Officer or Agent FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. 148 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 6 of 13 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII Commitment No: 19004184 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. 6.Evidence that all assessments for common expenses, if any, have been paid. 7.Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company 8.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from 426 North Second, LLC, a Colorado limited liability company and 229 West Smuggler, LLC, a Colorado limited liability company, to TBD, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9.Release of Deed of Trust from 426 North Second, LLC, to the Public Trustee of Pitkin County for the benefit of Iberiabank, to secure an indebtedness in the principal sum of $9,264,480.00 dated July 7, 2016, and recorded July 11, 2016, as Reception No. 630601 (affects Parcel A only). 10.Release of the Deed of Trust from 229 West Smuggler, LLC, to the Public Trustee of Pitkin County for the benefit of Iberiabank, to secure an indebtedness in the principal sum of $9,264,480.00, and any other amounts and/obligations secured thereby, dated July 7, 2016, and recorded July 11, 2016, as Reception No. 630599 (Affects Parcel B only). 149 ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 7 of 13 Disclosure Statement (5-1-15) Colorado 11.Record a Statement of Authority to provide prima facie evidence of existence of 229 West Smuggler, LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 12.A copy of the properly signed and executed Operating Agreement if written, for 229 West Smuggler, LLC, a Colorado limited liability company, to be submitted to the Company for review. 13.Certificate of Good Standing from the Colorado Secretary of State for 229 West Smuggler, LLC, a Colorado limited liability company. 14.Record a Statement of Authority to provide prima facie evidence of existence of 426 North Second, LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 15.A copy of the properly signed and executed Operating Agreement if written, for 426 North Second, LLC, a Colorado limited liability company, to be submitted to the Company for review. 16.Certificate of Good Standing from the Colorado Secretary of State for 426 North Second, LLC, a Colorado limited liability company. 17.Additional Requirements may be included once the name of the Buyer is provided. 18.Evidence to the Company that all assessments and liens due under the Declaration referred to in Schedule B have been paid. 19.This Title Commitment is subject to underwriter approval. 150 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 8 of 13 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Commitment No.: 19004184 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 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 land survey and inspection of the Land 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 in the Public Records. 5.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment 6.Any and all unpaid taxes, assessments and unredeemed tax sales. 7.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 8.Any water rights, claims of title to water, in, on or under the Land. 9.Taxes and assessments for the year 2019, and subsequent years, a lien not yet due or payable. 10.Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen dated June 2, 1881, and recorded March 1, 1897, in Book 139 at Page 216, as Reception No. 060156. 151 ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 9 of 13 Disclosure Statement (5-1-15) Colorado 11.Terms, conditions, provisions, agreements and obligations specified under the Statement of Exemption from the Definition of Subdivision dated March 1, 1979, and recorded March 14, 1979, in Book 364 at Page 769, as Reception No. 212659. 12.Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Aspen Planning and Zoning Commission Recommending Landmark Designation of 426 N. 2nd Street, Units A and B, Second and Smuggler Condominiums, Block 48, City of Aspen (Resolution No. 99-26) dated September 21, 1999, and recorded October 7, 1999, as Reception No. 436340. 13.Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the Aspen City Council Granting Approval for Landmark Designation of 426 N. 2nd Street, Units A and B, Second and Smuggler Condominiums, Block 48, City of Aspen (Ordinance No. 40 - Series of 1999) dated October 12, 1999, and recorded October 18, 1999, as Reception No. 436711. 14.Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Aspen Historic Preservation Commission Approving an Application for Landmark Designation, Minor Development, Partial Demolition, Residential Design Review and Variances to Remodel a Historic House at 426 N. Second Street, City and Townsite of Aspen, Colorado (Resolution No. 44, Series of 1999) dated September 8, 1999, and recorded November 12, 1999, as Reception No. 437683. 15.Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Aspen Historic Preservation Commission Approving an Application for Landmark Designation, Minor Development, Partial Demolition, Residential Design Review and Variances to Remodel a Historic House at 426 N. Second Street, City and Townsite of Aspen, Colorado (Resolution No. 42, Series of 1999) dated September 8, 1999, and recorded December 16, 1999, as Reception No. 438637. 16.Any and all notes, easements and recitals as disclosed on the recorded Improvement & Topographic Survey Plat dated May 24, 2012, and recorded January 4, 2013, in Plat Book 101 at Page 52, as Reception No. 595803. 17.Terms, conditions, provisions, agreements and obligations specified under Resolution #1, Series of 2015, recorded January 21, 2015, as Reception No. 616812. 18.Terms, conditions, provisions, agreements and obligations specified under Resolution #9, Series of 2015, recorded March 26, 2015, as Reception No. 618454. 19.Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Easement Agreement, dated September 23, 2016, and recorded November 4, 2016, as Reception No. 633601. 20.Terms, conditions, provisions, agreements and obligations specified under the Stormwater Best Management Practices Operations and Maintenance Agreement, recorded January 3, 2019, as Reception No. 653113. 21.Any and all notes, easements and recitals as disclosed on the recorded Amended and Restated Condominium Map of Second and Smuggler Condominiums, recorded February 19, 2019, in Plat Book 124 at Page 79, as Reception No. 654047. 22.Terms, conditions, provisions, agreements and obligations specified under the Amended and Restated Condominium Declaration of the Second and Smuggler Condominiums, recorded February 19, 2019, as Reception No. 654048. 23.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 152 Form 5000000-EX (7-1-14)Page 10 of 13 Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Exhibit A File No.: 19004184 The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: Parcel A: Condominium Unit A, SECOND AND SMUGGLER CONDOMINIUMS (A CONDOMINIUM), according to the Amended and Restated Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Plat Book 124 at Page 79, as Reception No. 654047, and and as defined and described in the Amended and Restated Condominium Declaration recorded February 19, 2019, as Reception No. 654048, Pitkin County, Colorado. Parcel B: Condominium Unit B, SECOND AND SMUGGLER CONDOMINIUMS (A CONDOMINIUM), according to the Amended and Restated Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Plat Book 124 at Page 79, as Reception No. 654047, and and as defined and described in the Amended and Restated Condominium Declaration recorded February 19, 2019, as Reception No. 654048, Pitkin County, Colorado. 153 Form 50-CO-Disclosure (4-1-16)Page 11 of 13 Disclosure Statement (5-1-15) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-1, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. 154 Form 50-CO-Disclosure (4-1-16)Page 12 of 13 Disclosure Statement (5-1-15) Colorado NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. 155 TELEPHONE 970 925-7328 FACSIMILE 970 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on application or other forms. Information about your transactions we secure from out files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 156 157 158 CONCRETE CONCRETE MASONRY STONE FRAME WALL TILE STEEL ALUMINUM OR SHEET METAL BATT INSULATION GYP. WALL BOARD/ STUCCO/ PLASTER PLYWOOD SOIL/ COMPACTED FILL ROCK/ NON-COMPACTED FILL / GRAVEL SAND / GWB/ PLASTER FINISHED WOOD ROUGH FRAMING OR ROUGH SAWN TRIM WOOD BLOCKING GLU-LAM WOOD PARTICLE BOARD OR WOOD FIBER BOARD RIGID INSULATION CARPET ROOM NAME 101 FLOOR FINISH WALL SECTION CUT BUILDING SECTION CUT SECTION NO. SHEET NO. SECTION NO. SHEET NO. SECTION NO. SHEET NO. DETAIL CUT GRID REFERENCE LINE ROOM NUMBER 101bDOOR MARK Name Elevation SPOT ELEVATION DRAWING REVISION INTERIOR ELEVATION WINDOW MARK DETAIL A4.1 1EXTERIOR ELEVATION A9.1 2 3 4 1 1 A101 1 A101 1 A101 1 A101 1i SIM SIM SIM SIM 0 228 Midland Avenue | PO Box 529 | Basalt, Colorado 81621 970-927-4925 | www.ccyarchitects.com DATE: DRAWN BY: CHECKED BY: PROJECT NUMBER: ISSUE: HISTORY: SCALE: © COTTLE CARR YAW ARCHITECTS, LTD. 4'8'2' As indicated EAB 14027 COVER A-000229 W. Smuggler StreetCOA HPC DECK APPLICATION 6.28.2019 229 W. Smuggler Street 229 WEST SMUGGLER STREET, ASPEN, COLORADO 229 WEST SMUGGLER STREET, ASPEN, COLORADOCCY GENERAL NOTES ABBREVIATIONS PROJECT DIRECTORY MATERIAL LEGEND SYMBOL LEGEND F. SHOP DRAWINGS SHALL BE SUBMITTED TO THE ARCHITECT FOR HIS OR HER REVIEW WHERE CALLED FOR ANYWHERE IN THESE DOCUMENTS. REVIEW SHALL BE MADE BY THE ARCHITECT BEFORE WORK IS BEGUN, AND WORK SHALL CONFORM TO THE REVIEWED SHOP DRAWINGS, SUBJECT TO REPLACEMENT AS REQUIRED IN PARAGRAPH "E" ABOVE. G. THE BUILDING INSPECTOR SHALL BE NOTIFIED BY THE CONTRACTOR WHEN THERE IS NEED OF INSPECTION AS REQUIRED BY THE INTERNATIONAL BUILDING CODE / INTERNATIONAL RESIDENTIONAL CODE OR ANY LOCAL CODE OR ORDINANCE. H. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY AND CARE OF ADJACENT PROPERTIES DURING CONSTRUCTION, FOR COMPLIANCE WITH FEDERAL AND STATE O.S.H.A. REGULATIONS, AND FOR THE PROTECTION OF ALL WORK UNTIL IT IS DELIVERED COMPLETED TO THE OWNER. I. DO NOT SCALE DRAWINGS. CONTRACTOR SHALL VERIFY ALL DIMENSIONAL DISCREPANCIES WITH THE ARCHITECT. J. CONTRACTOR SHALL VERIFY AND COORDINATE ALL OPENINGS THROUGH FLOORS, CEILINGS, AND WALLS WITH ALL ARCHITECTURAL, STRUCTURAL, MECHANICAL, PLUMBING AND ELECTRICAL DRAWINGS. K. CONTRACTOR WILL ASSUME RESPONSIBILITY OF ITEMS REQUIRING COORDINATION AND RESOLUTION DURING THE BIDDING PROCESS. O. ALL DIMENSIONS ON STRUCTURAL DRAWINGS TO BE CHECKED AGAINST ARCHITECTURAL DRAWINGS. NOTIFY ENGINEER AND ARCHITECT OF ANY DISCREPANCIES BEFORE PROCEEDING WITH CONSTRUCTION. A. THE AIA DOCUMENT 201, "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION", LATEST EDITION, ARE HEREBY MADE A PART OF THESE CONTRACT DOCUMENTS. COPIES ARE ON FILE AND ARE AVAILABLE FOR INSPECTION AT THE OFFICES OF THE ARCHITECT. B. THE CONTRACT DOCUMENTS CONSIST OF THE AGREEMENT, THE GENERAL NOTES, THE SPECIFICATION/ DETAIL BOOK, AND THE DRAWINGS, WHICH ARE COOPERATIVE AND CONTINUOUS. WORK INDICATED OR REASONABLY IMPLIED IN ANY ONE OF THE DOCUMENTS SHALL BE SUPPLIED AS THOUGH FULLY COVERED IN ALL. ANY DISCREPANCY BETWEEN THE DIFFERENT PARTS SHOULD BE REPORTED TO THE ARCHITECT IMMEDIATELY. C. ALL WORK SHALL COMPLY WITH ALL STATE AND LOCAL CODES AND ORDINANCES, AND SHALL BE PERFORMED TO THE HIGHEST STANDARDS OF CRAFTSMANSHIP BY JOURNEYMEN OF THE APPROPRIATE TRADES. D. THESE DOCUMENTS ARE INTENDED TO INCLUDE ALL LABOR, MATERIALS, EQUIPMENT AND SERVICES REQUIRED TO COMPLETE ALL WORK DESCRIBED HEREIN. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO BRING TO THE ATTENTION OF THE ARCHITECT ANY CONDITIONS WHICH WILL NOT PERMIT CONSTRUCTION ACCORDING TO THE INTENTIONS OF THESE DOCUMENTS. IT IS THE RESPONSIBILITY OF THE ARCHITECT TO PROVIDE DETAILS AND/OR DIRECTIONS REGARDING DESIGN INTENT WHERE IT IS ALTERED BY EXISTING CONDITIONS OR WHERE NEGLECTED IN THE DOCUMENTS. E. ANY MATERIALS PROPOSED FOR SUBSTITUTION OF THOSE SPECIFIED, OR CALLED OUT BY TRADE NAME, IN THESE DOCUMENTS SHALL BE PRESENTED TO THE ARCHITECT FOR REVIEW. THE CONTRACTOR SHALL SUBMIT SAMPLES WHEN REQUIRED BY THE ARCHITECT, AND ALL SUCH SAMPLES SHALL BE REVIEWED BY THE ARCHITECT BEFORE THE WORK IS PERFORMED. WORK MUST CONFORM TO THE REVIEWED SAMPLES. ANY WORK WHICH DOES NOT CONFORM SHALL BE REMOVED AND REPLACED WITH WORK WHICH CONFORMS AT THE CONTRACTOR'S EXPENSE. SUBCONTRACTORS SHALL SUBMIT REQUESTS AND SAMPLES FOR REVIEW THROUGH THE GENERAL CONTRACTOR WHEN WORK IS LET THROUGH HIM OR HER. REQUIRED VERIFICATIONS AND SUBMITTALS TO BE MADE IN ADEQUATE TIME AS NOT TO DELAY WORK IN PROGRESS. S.T.D. SLOPE TO DRAIN SAN SANITARY SECT SECTION SEW SEWER SHLV SHEET SHT SHELVES SIM SIMILAR SPEC SPECIFICATION SQ SQUARE STC SOUND TRANSMISSION CLASS STD STANDARD STL STEEL STRUCT STRUCTURE(AL) SUB SUBSTITUTE SUPPL SUPPLEMENT(AL) SUSP SUSPEND(ED) T TREAD T&B TOP AND BOTTOM T&G TOUNGE AND GROOVE T.O. TOP OF TEL TELEPHONE TEMP TEMPERED THK THICK TPH TOILET PAPER HOLDER TS TUBE STEEL TV TELEVISION TYP TYPICAL U.N.O. UNLESS NOTED OTHERWISE UBC UNIFORM BUILDING CODE UG UNDERGROUND UNFIN UNFINISHED USG UNITED STATES GAUGE V.I.F. VERIFY IN FIELD VAR VARIABLE VENT VENTILATE(D) VG VERTICAL GRAIN WD WOOD GWB GYPSUM WALLBOARD GYP GYPSUM H.T. HEAVY TIMBER HD HEAD HDW HARDWARE HOR HORIZONTAL HT HEIGHT HVAC HEATING VENTILATING AND COOLING HWY HIGHWAY IBC INTERNATIONAL BUILDING CODE ICP INTERGRATED COLOR PLASTER ID INSIDE DIAMETER IE THAT IS INS INSULATION INT INTERIOR IRC INTERNATIONAL RESIDENTIAL CODE JT JOINT LAM LAMINATE LAV LAVATORY MAX MAXIMUM MC MEDICINE CABINET MECH MECHANICAL MFG MANUFACTURER MIN MINIMUM MISC MISCELLANEOUS MO MASONRY OPENING MTL MATERIAL NA NOT APPLICABLE NIC NOT IN CONTRACT NTS NOT TO SCALE OC ON CENTER OD OUTSIDE DIAMETER OPG OPENING OPH OPPOSITE HAND OPP OPPOSITE PERF PERFORATED PFSM PREFINISHED SHEET METAL PL PLATE PLSTR PLASTER PLY PLYWOOD PROD PRODUCT PROJ PROJECT PROP PROPERTY R RADIUS OR RISER REF REFER REFR REFRIGERATOR REINF REINFORCE REQ'D REQUIRED RHSM ROUND HEAD SHEET METAL RM ROOM RO ROUGH OPENING RW ROOF WINDOW AAD ATTIC ACCESS DOOR ADD ADDENDUM ADJ ADJACENT AFF ABOVE FINISHED FLOOR AGG AGGREGATE ALT ALTERNATIVE AOR AREA OF REFUGE ARCH ARCHITECTURAL ASS'Y ASSEMBLY B.O. BOTTOM OF BD BOARD BET BETWEEN BLDG BUIDLING BM BEAM BRG BEARING BS BOTH SIDES CAB CABINET CER CERAMIC CJ CONSTRUCTION JOINT CL CENTERLINE CLOS CLOSET CLR CLEAR CMU CONCRETE MASONRY UNIT COL COLUMN CONC CONCRETE CONT CONTINUOUS DET DETAIL DIA DIAMETER DIM DIMENSION DN DOWN DP DAMPPROOFING DR DRAIN DS DOWNSPOUT DW DISHWASHER DWG DRAWING EA EACH EJ EXPANSION JOINT ELE ELEVATION EQ EQUAL EXIST EXISTING EXT EXTERIOR F.F. FINISH FLOOR FD FLOOR DRAIN FDN FOUNDATION FE CABT FIRE EXTINGUISHER FIN FINISH FL FLOOR FOC FACE OF CONCRETE FOS FACE OF STUD FP FIREPROOF FTG FOOTING GA GAUGE GALV GALVANIZED GC GENERAL CONTRACTOR GLB GLU-LAM BEAM GR GRADE OWNER 229 WEST SMUGGLER LLC 3509 CRESCENT AVENUE DALLAS, TEXAS 75205 CONTACT: DAVID DOWLER (ddowler@lkcm.com) ARCHITECT CCY ARCHITECTS, LTD. 228 MIDLAND AVENUE (P.O. BOX 529) BASALT, CO. 81621 970.927.4925 FAX 970.927.8578 CONTACT: EVAN A. BARRETT (ebarrett@ccyarchitects.com) GENERAL CONTRACTOR KORU CONSTRUCTION, ltd. 417 MAIN STREET, SUITE Y CARBONDALE, CO 81623 970.963.0577 FAX 970.963.9389 CONTACT: JIM GOHERY (jim@korultd.com) VICINITY MAP SHEET INDEX SITE HPC APPLICATION -BREAKFAST DECK STRUCTURAL ENGINEER KL&A, inc. 215 N. 12TH STREET, UNIT E CARBONDALE, CO 81623 970.927.5174 CONTACT: DAN DOHERTY (ddoherty@klaa.com) JUNE 2019 S-000 SURVEY A-000 COVER A-100 SITE PLAN A-101 DECK FLOOR PLAN & MATERIAL FINISHES A-102 DECK ELEVATIONS A-103 DECK SECTIONS AND DETAILS ISSUE DATE ISSUED S-100 DECK FRAMING 159 160 7883 7883 7883 7 8 8 3 788478847 8 8 4 7 8 8 4 7885 7 8 8 57885 78847885 7885 7 8 8 4 78847884 7884EXISTING HOUSE UNIT 'B' (VICTORIAN) UNIT 'B' ONE STORY ADDITION UNIT 'B' ONE CAR GARAGE UNIT 'A' (MUSIC BOX) FRONT SETBACK REAR SETBACKSIDE SETBACKSIDE SETBACKREAR GARAGE SETBACK EXISTING LIGHT WELL BELOW DECK. MEETS IRC R310.2.4 B1 B4 B7 BC BD BE BG A5 AA AB A4 AC B6 BF B5 BB A1 BA A2 B3 B2 PROPOSED DRIP THRU WOOD DECK W/ STEEL SUB STRUCTUREPROPERTY LINEPROPERTY LINEPROPERTY LINE PROPERTY LINESECOND STREETN14 50' 49" E(BASIS OF BEARINGS) S75 08' 11" E SITE BENCH MARK N75 08' 11" W S14 50' 49" WB8 A3 A-101 1 EXTENT OF EXISTING DECK PROPOSED DRIP THRU WOOD STAIRS W/ STEEL SUB STRUCTURE WEST SMUGGLER STREET EXISTING BREAKFAST PATIO GREY PAINTED STEEL GUARDRAIL. TO MATCH EXISTING EXISTING PLANTINGS SHALL HELP SCREEN PROPOSED DECK DN 0 228 Midland Avenue | PO Box 529 | Basalt, Colorado 81621 970-927-4925 | www.ccyarchitects.com DATE: DRAWN BY: CHECKED BY: PROJECT NUMBER: ISSUE: HISTORY: SCALE: © COTTLE CARR YAW ARCHITECTS, LTD. 4'8'2' 1/8" = 1'-0" EAB 14027 SITE PLAN A-100229 W. Smuggler StreetCOA HPC DECK APPLICATION 6.28.2019 229 WEST SMUGGLER STREET, ASPEN, COLORADOCCY 1/8" = 1'-0" SITE PLAN 1 0'8'16'4' ISSUE DATE ISSUED 161 B1 BD B3 B2 PROPERTY LINELIGHT WELL BELOW DRIP THROUGH THERMORY ASH WOOD DECK W/ STEEL SUB STRUCTURE. RE: STRUCTURAL EXISTING LIGHT WELL BELOW DECK. MEETS IRC R310.2.4 W8 GREY PAINTED STEEL HANDRAIL PER IRC 311.7.8 TO MATCH EXISTING GUARDRAIL COLOR AND DESIGN 99'-10" 100'-0" 7887.34 2 A-103 1 A-103 GREY PAINTED STEEL HANDRAIL PER IRC 311.7.8 TO MATCH EXISTING GUARDRAIL COLOR AND DESIGN 7887.09 6' - 1 1/2"10' - 10 1/2"2' - 4 7/16"3' - 8"DN 3' - 9 1/16" 3' - 1 9/16" EXISTING VICTORIAN KITCHEN AND BREAKFAST NOOK EXTENT OF EXISTING DECK & STAIRS EXISTING BREAKFAST PATIO A-1021 A-102 3 A-102 2 0 228 Midland Avenue | PO Box 529 | Basalt, Colorado 81621 970-927-4925 | www.ccyarchitects.com DATE: DRAWN BY: CHECKED BY: PROJECT NUMBER: ISSUE: HISTORY: SCALE: © COTTLE CARR YAW ARCHITECTS, LTD. 4'8'2' 3/4" = 1'-0" Author 14027 DECK FLOOR PLAN & MATERIAL FINISHES A-101229 W. Smuggler StreetCOA HPC DECK APPLICATION 6.28.2019 229 WEST SMUGGLER STREET, ASPEN, COLORADOChecker 3/4" = 1'-0" DECK FLOOR PLAN 1 ISSUE DATE ISSUED THERMORY ASH 5/4 WOOD DECKING (STAINED TO MATCH EXISTING FRONT PORCH) GRAY PAINTED STEEL -RAILINGS & STEEL SUBSTRUCTURE (PAINT COLOR TO MATCH EXISTING BREAKFAST DECK RAILING & STRUCTURE) NOTE: COLOR MAY NOT BE EXACT REPRESENTATION. COLOR AND STAIN TO MATCH EXISTING FRONT PORCH. 162 UNIT "B" FIRST FLOOR 100'-0" BDAC 1 A-103 LIGHT WELL3' - 0"2 1/2"3' - 0 1/4"10' - 10 1/2"4' - 6 1/2" T.O. LIGHT WELL 96'-7 1/4" EXTENT OF EXISTING DECK EXISTING LIGHT WELL BELOW DECK. MEETS IRC R310.2.4 GREY PAINTED STEEL HANDRAIL PER IRC 311.7.8 TO MATCH EXISTING GUARDRAIL COLOR AND DESIGN DRIP THROUGH THERMORY ASH WOOD DECK W/ STEEL SUB STRUCTURE. ALL STEEL SUBSTRUCTURE TO BE PAINTED GRAY TO MATCH EXISTING. RE: STRUCTURAL. STEEL STRINGER RE: STRUCTURAL. ATTACH TO CONCRETE COLUMN. 3 A-103 B1 B4B3 B2 2 A-103 EXISTING GRADE SITE SETBACK PROPERTY LINE 3' - 0 1/4" 2 1/2" 3' - 0" 6' - 1 1/2" 3' - 9 1/16" 3' - 1 9/16" 2' - 4 7/16" LIGHT WELL T.O. LIGHT WELL 96'-6 1/4" EXTENT OF EXISTING DECK 3 A-103 B1B3B2 2 A-103 EXISTING GRADE SITE SETBACK 6' - 1 1/2" 2' - 4 7/16"3' - 0"2 1/2"3' - 0 1/4"LIGHT WELL T.O. LIGHT WELL 96'-7 1/4" EXTENT OF EXISTING DECK3 A-103 0 228 Midland Avenue | PO Box 529 | Basalt, Colorado 81621 970-927-4925 | www.ccyarchitects.com DATE: DRAWN BY: CHECKED BY: PROJECT NUMBER: ISSUE: HISTORY: SCALE: © COTTLE CARR YAW ARCHITECTS, LTD. 4'8'2' 1/2" = 1'-0" Author 14027 DECK ELEVATIONS A-102229 W. Smuggler StreetCOA HPC DECK APPLICATION 6.28.2019 229 WEST SMUGGLER STREET, ASPEN, COLORADOChecker ISSUE DATE ISSUED 1/2" = 1'-0" VICTORIAN (UNIT B) -EAST DECK ELEVATION 11/2" = 1'-0" VICTORIAN (UNIT B) -NORTH DECK ELEVATION 21/2" = 1'-0" VICTORIAN (UNIT B) -SOUTH DECK ELEVATION 3 163 UNIT "B" FIRST FLOOR 100'-0" B1B2 2 A-103 3' - 0"T.O. EXISTING DECK 99'-4 1/2" 6' - 1 1/2"5 1/2"2' - 9 1/4"96'-7 1/4" EXTINT 3' - 0 1/4"3' - 2 3/4"STEEL COLUMN-MOUNT TO SUB GRADE SUPPORT FOOTER OR EXISTING CONC. LIGHT WELL WALL. RE STRUCTURAL STEEL DECK SUB STRUCTURE. RE STRUCTURAL. ALL STEEL TO BE PAINTED GRAY TO MATCH EXISTING DECK STEEL COLOR. EXTENT OF EXISTING DECK DRIP THROUGH THERMORY ASH WOOD DECK W/ STEEL SUB STRUCTURE. PAINTED TO MATCH FRONT PORCH STAIN & COLOR. GREY PAINTED STEEL HANDRAIL PER IRC 311.7.8 TO MATCH EXISTING GUARDRAIL COLOR AND DESIGN A-103 3 UNIT "B" FIRST FLOOR 100'-0" BD 3' - 2 3/4"3' - 0"3' - 2 3/4"T.O. LIGHT WELL 96'-7 1/4" 9 1/4" 1 3/4"3' - 0 1/4"7 3/4"7 3/4"7 3/4"7 3/4"7 3/4"STEEL STRINGER-MOUNT TO SUB GRADE SUPPORT FOOTER. RE STRUCTURAL EXTENT OF EXISTING DECK GREY PAINTED STEEL HANDRAIL PER IRC 311.7.8 TO MATCH EXISTING GUARDRAIL COLOR AND DESIGN DRIP THROUGH THERMORY ASH WOOD DECK W/ STEEL SUB STRUCTURE. PAINTED TO MATCH FRONT PORCH STAIN & COLOR. ALL STEEL SUBSTRUCTURE TO BE PAINTED GRAY TO MATCH EXISTING. RE: STRUCTURAL. EXISTING GRADE 1"5 1/2"LIGHT WELL 1' - 0" EXISTING LIGHT WELL BELOW DECK. MEETS IRC R310.2.4 A-103 3 1" STAIR TREADS AND SUPPORT ANGLES. RE STRUCTURAL A-103 4 2 3/4"2 3/4"3/4"1 1/2"1/4" HANDRAIL TO MATCH EXISTING DECK HANDRAIL. TOP, BOTTOM & STANCHIONS TO BE 3/4" X 1 1/2" STEEL TUBE. PAINTED GRAY AND WELDED TO STEEL SUBSTRUCTURE. PICKETS TO BE 1/4" TUBE STEEL PAINTED GRAY. WELD PICKETS TO TOP AND BOTTOM RAILS. 1/4" TYP. HANDRAIL PICKET. WELD TO STEEL SUBSTRUCTURE SCREW WOOD DECKING TO STEEL SUBSTRUCUTRE. THERMORY ASH WOOD DECKING TO MATCH FRONT PORCH 5/4 DECKING0 228 Midland Avenue | PO Box 529 | Basalt, Colorado 81621 970-927-4925 | www.ccyarchitects.com DATE: DRAWN BY: CHECKED BY: PROJECT NUMBER: ISSUE: HISTORY: SCALE: © COTTLE CARR YAW ARCHITECTS, LTD. 4'8'2' As indicated Author 14027 DECK SECTIONS & DETAILS A-103229 W. Smuggler StreetCOA HPC DECK APPLICATION 6.28.2019 229 WEST SMUGGLER STREET, ASPEN, COLORADOChecker 1 1/2" = 1'-0" EAST/WEST DECK SECTION 1 1 1/2" = 1'-0" NORTH/ SOUTH DECK SECTION 2 ISSUE DATE ISSUED 6" = 1'-0" DECK HANDRAIL DETAIL 36" = 1'-0" DECK FLOOR DETAIL 4 164 A A B1 BD AC B2 9'-10 1/2"4'-8"12 " C IP C O N C C O L3'-8" TYP OF 3 TY P O F 3 H S S 3 x3 x1/4 TY P O F 4 STAIR STRINGERS TO BE HSS 6x3x1/4 3'-6 1/4"3'-8"3'-8"3'-3 1/2"11 1/2"89'-0" T/FTG 2'-0"x2'-0"x0'-10" FTG, REINF W/ (3)#5 EW BOT, TYP T/CONC GRADE +4" ’ 1'-1" TYP OF 2 T/CONC GRADE -8" RE: 4/S100 RE: 3/S100 B1 BD AC B2 DECK FRAMING MEMBERS TO BE HSS 3-1/2x1-1/2x1/4 (LLH), TYP 3 S100 99'-10" T/DECKING 4 S100 5 S100 1'-7 3/4"1'-7 3/4"1'-10"1'-10"1'-10"1'-10"HSS 6x3x1/4 STRINGER, TYPMAX 2'-4" EQ EQ EQ EQ B1 B2 2"T/CONC 12". CONC PILASTER W/ (4)# 5 VERT W/ STD HOOK INTO FTG BELOW AND #3 TIES AT 12"OC (2 AT TOP) 1-1/2" NON-SHRINK GROUT BASE 13/4x4x0'-9" W/ (2) 3/4". ANCHOR RODS (6"-GAGE) STEEL FRAMING, RE: PLAN, TYP CONT L5x3x1/4x0'-5" (LLV) W/ 1/2". SS TITEN HD SCREW ANCHORS AT 24" OC WOOD DECKING, RE: ARCH CAP 11/2x4x0'-5" 3/16TYP 3/16 3/16 T/DECKING TYP 1 1/2"CLR COLUMN TO BEAR ON EXISTING WALL AT LIGHT WELL, FASTEN TO CONCRETE WITH 3/4". SS TITEN HD ANCHORS, RE: PLAN FOR LOCATION 3/16 3/16 BD TYP 1 1/2"CLR 12". CIP COLUMN, REINF W/ (4)#5 VERT W/ STD HOOK INTO FTG BELOW AND #3 TIES AT 12"OC (2 AT TOP) BASE 13/4x6-1/2x0'-7" ON 1-1/2"± NON-SHRINK GROUT W/ (2) 3/4". SS TITEN HD ANCHORS HSS 6x3x1/4(LLV) STAIR STRINGER DECKING, RE: ARCH DECK FRAMING MEMBERS, RE: PLAN 3/16 SECTION A-A8" MIN1/2"1/2"1 1/2"1 1/2" TYP 1 1/2" CJP 3/16 RE: 3/S100 FOR BASE OF COLUMN L8x4x7/16, FULL LENGTH BETWEEN STRINGERS AT EA STAIR TREAD CENTER STAIR TREADS ON SUPPORT ANGLE 3/16 BD FACE OF (E) CONC WALL HSS 6x3x1/4 STAIR STRINGER W/ 1/4" THICK END PLATE 1" L3x3x1/4x0'-4" W/ 3/4". SS TITEN HD SCREW ANCHOR RE: 4/S100 FOR UPPER CONNECTION OF STRINGER AND CONNECTION OF TREAD TO STRINGER 3/16 1. ALL STEEL TO BE HOT DIP GALVANIZED Buffalo, WY Golden, CO Loveland, CO Carbondale, CO KL A, Inc.& Structural Engineers and Builders 1717 Washington Avenue, Suite 100 Golden, Colorado 80401 P: (303) 384 9910 F: (303) 384 9915 N SHEET TITLE: PROJECT NO: ISSUE: CONSULTANT: S100 DECK FRAMING B0335 DOWLER STAIR 229 WEST SMUGGLER STREET & 426 NORTH SECOND STREET, ASPEN, COLORADO 1/2" = 1'-0"1 FOUNDATION PLAN 1/2" = 1'-0"2 DECK FRAMING PLAN 1" = 1'-0"3 DECK FRAMING DETAIL 1" = 1'-0"4 STAIR STRINGER CONNECTION DETAIL 1" = 1'-0"5 STAIR STRINGER CONNECTION DETAIL 5/30/2019CONSTRUCTION DOCUMENTS 05/29/2019 165 June 28th, 2019 To: The Aspen Historic Preservation Commission (HPC) Thru: Amy Simon, Historic Preservation Planner From: CCY Architects, Evan Barrett, AIA (Authorized Agent to David Dowler) Re: 229 West Smuggler Street Written Explanation of Land Use Application for Deck Remodel The applicant (229 West Smuggler Street LLC) would like to modify the existing deck and steps on the East side of the Victorian Home at 229 West Smuggler Street. The modification to the deck includes reorienting the steps from the East side of the deck to the North side of the deck. Given the close proximity of the deck and steps to the adjacent property, this change will allow the homeowners to have better access their on-grade patio without disturbing the existing plantings that separate the applicant’s property from the Eastern neighbor’s property. We also feel that the visual perception of the deck will be lessened from West Smuggler Street because the profile of the deck will show the deck straight on rather than showing the deck, steps, and guardrail from the side. The applicant would like also, to raise the existing deck by 5 ½” so that the homeowners will not have to step down onto the deck from the interior of the house, as they currently do. We understand that by raising the deck we exceed section 26.575.020.E.5 of the Land Use Code and so are asking for a variance to be granted by HPC. By raising the deck 5 ½”, we can eliminate the tripping hazard that is further aggravated by adverse weather conditions (especially during winter) for the applicant and their family when using this deck. Because this deck is set back 58’-0” feet from West Smuggler Street and there is ample landscape planting between the street and the deck, we feel the visual impact of raising the deck will be imperceivable. The existing plantings between the deck and the street also help shield the stairs when they are reoriented so there will not be any confusion between the main entry porch and the side yard deck, which we believe aligns with the HPC residential design standards section 26.410.040 in the Land Use Code. To help illustrate this, we have included an existing conditions photo from West Smuggler and the same photo with an accurate representation of the proposed deck overlaid on the photo to show how the change will not create a noticeable visual difference between the existing condition and the proposed design. Finally, the applicant would like to change the decking material from metal grating to Thermory Ash wood decking that matches the entry porch decking on the North side of the house. We contend this material change will create a more cohesive and unified look for the Historic Victorian asset, as opposed the modern metal grate deck that currently exists. The guardrail will be a grey painted steel to match the existing style and character of the guardrail that was approved and currently exists. We ask for a variance to be granted to allow the approval of this deck application to proceed. Please let me know if you have any questions that I can answer to help with this application. Thank you for your time and consideration of this application. Sincerely, Evan A. Barrett, AIA C C Y A R C H I T E C T S 166 Applicant response to criteria for Setback Variation In granting a variation, the HPC must make a finding that such a variation: a) Is similar to the pattern, features and character of the historic property or district; and/or The new decking material shall utilize the same Thermory Ash wood decking and will have the same stain color as the front entry porch of the historic property. The steel substructure shall be painted gray to match the color of the existing siding at the historic property, so that the deck uses the same previously approved HPC materials and design characteristics. The handrail design is to be the same steel design (pickets, top rail and bottom rail) as currently exists and was previously approved by HPC. The decking materials, color, and handrail style all are intended to let the deck blend into the historic property, thereby having the same character and features of the historic property and maintaining the design characteristics of what HPC previously approved. b) Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. The Applicant contends that the proposed design will enhance the historical significance and the architectural character of the property by creating a more user friendly deck that doesn’t require a full step down from the kitchen interior. This solution also allows the homeowners to have better access their on-grade patio without disturbing the existing plantings / property line that separate the applicant’s property from the adjacent Eastern historic property. Because this deck is set back 58 feet from West Smuggler Street and there is ample landscape planting between the street and the deck, we feel the visual impact of raising the deck will be imperceivable, thereby mitigating any adverse visual impacts to the historic district. 167 168 169 170 171 172 173 174 229 W. Smuggler Street 5.30.2019 P1 EXTERIOR PHOTO -EXISTING CONDITION 175 229 W. Smuggler Street 5.30.2019 P2 EXTERIOR PHOTO -PROPOSED DESIGN 176 177 178