HomeMy WebLinkAboutagenda.hpc.20140312 ASPEN HISTORIC PRESERVATION COMMISSION
REGULAR MEETING
March 12,2014
CITY COUNCIL MEETING ROOM
130 S. GALENA
ASPEN, COLORADO
SITE VISITS: Please visit the sites on your own
5:00 INTRODUCTION
A. Roll call
B. Approval of minutes-February 26, 2014
C. Public Comments
D. Commission member comments
E. Disclosure of conflict of interest(actual and apparent)
F. Project Monitoring
G. Staff comments
H. Certificates of No Negative Effect issued
I. Submit public notice for agenda items
OLD BUSINESS
A. None
NEW BUSINESS
5:10 A. 213 W. Bleeker- Request to remove Historic Landmark Designation from
a portion of the property, PUBLIC HEARING
5:55 B. 534 E. Cooper-Final Major Development and Commercial Design
Review, PUBLIC HEARING
WORKSESSIONS
6.40 A. Summary of Colorado Preservation conference
7:00 ADJOURN
TYPICAL PROCEEDING- 1 HOUR, 10 MINUTES FOR MAJOR AGENDA
ITEM,NEW BUSINESS
Provide proof of legal notice (affidavit of notice for PH)
Staff presentation(5 minutes)
Board questions and clarifications (5 minutes)
Applicant presentation(20 minutes)
Board questions and clarifications (5 minutes)
Public comments (close public comment portion of hearing) (5 minutes)
Chairperson identified the issues to be discussed(5 minutes)
HPC discussion(15 minutes)
Applicant rebuttal (comments) (5 minutes)
Motion(5 minutes)
*Make sure the motion includes what criteria are met or not met.
No meeting of the HPC shall be called to order without a quorum consisting of at least
four (4) members being present. No meeting at which less than a quorum shall be present
shall conduct any business other than to continue the agenda items to a date certain. All
actions shall require the concurring vote of a simple majority, but in no event less than
three (3) concurring votes of the members of the commission then present and voting.
PROJECT MONITORING- Projects in bold are currently under construction.
Jay Maytin 518 W.Main-Fornell
435 W.Main-AJCC
204 S.Galena
920 W.Hallam
233 W.Hallam
507 Gillespie
420 E.Cooper
Lift One
Nora Berko 332 W.Main
1102 Waters
1006 E.Cooper
602 E.Hyman
Sallie Golden 206 Lake
517 E.Hyman(Little Annie's)
TBD 605 W.Sleeker
114 Neale
Willis Pember 204 S.Galena
Aspen Core
514 E.Hyman
624 W.Francis
Patrick Segal 204 S.Galena
623 E.Hopkins
701 N.Third
612 W.Main
624 W.Francis
206 Lake
Holden Marolt derrick
John Whipple Aspen Core
208 E.Main
201 E.Hyman
420 E.Cooper
602 E.Hyman
Jim DeFrancia 414 E.Hyman
M:\city\planning\hpc project monitoring\PROJECT MONITORING.doc
3/4/2014
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Simon, Historic Preservation Officer
RE: 213 W. Bleeker Street- Request to remove Historic Designation from a portion
of the property, PUBLIC HEARING
DATE: March 12, 2014
SUMMARY: 213 W. Bleeker Street is a historically designated property located in the West
End of Aspen. In 2000, an owner-builder remodel of the Victorian era house that was on this site
at the time evolved into an unapproved total demolition. The City initiated an enforcement
process. Penalties, including a large fine, were assessed as part of a settlement agreement.
HPC made recommendations to Council regarding the settlement and suggested that a new house
design should be required, but Council elected to allow construction of the originally approved
project, which meant creating a replica of the Victorian. The redevelopment was permitted to
proceed, including several setback variances and a parking waiver that had been granted as
preservation incentives. A 19`h century shed that existed on the site had not been demolished and
was required to be retained, as planned, along the alley. Council determined that the property
should not be expanded in the future, and that no further incentives would be allowed. HPC was
to maintain purview over the site in perpetuity, like all other landmarks.
The current owner of 213 W. Bleeker bought the property in 2006 and has no connection to the
unfortunate demolition that took place. He requests removal of the historic designation except
for the shed and a 10' boundary around it. According to the application, HPC would no longer
review exterior work on the primary house, and if it were ever remodeled in a way that increased
or decreased the existing floor area by 5% or more, the house would have to be brought into
conformance with dimensional requirements.
Removal of historic designation from part or all of the property requires review by the HPC, who
makes a recommendation to City Council. City Council will make the final determination.
APPLICANT: Adam Glickman, owner, represented by Michael Hoffman, Garfield and Hecht,
P.C.
ADDRESS: 213 W. Bleeker Street,Lot G,Block 51, City and Townsite of Aspen.
PARCEL ID: 2735-124-40-005.
ZONING: R-6.
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REMOVAL OF HISTORIC DESIGNATION
Removal of a property from the Aspen Inventory of Historic Landmark Sites and Structures
requires a recommendation from HPC and determination from City Council as to whether
sufficient evidence exists that the property no longer meets the criteria for designation.
26.415.030.B.1 Aspen Victorian Criteria. To be eligible for designation on the Aspen Inventory
of Historic Landmark Sites and Structures as an example of Aspen Victorian, an individual
building, site, structure or object or a collection of buildings, sites, structures or objects must
have a demonstrated quality of significance. The quality of significance of properties shall be
evaluated according to the criteria described below. When designating a historic district, the
majority of the contributing resources in the district shall meet the criteria described below:
a. The property or district is deemed significant for its antiquity, in that it contains
structures which can be documented as built during the 19th century, and
b. The property or district possesses an appropriate degree of integrity of location,
setting, design, materials, workmanship and association, given its age. The City
Council shall adopt and make available to the public score sheets and other devices
which shall be used.by the Council and Historic Preservation Commission to apply
this criterion.
Staff Finding: The applicant proposes to retain designation of the existing shed and 10' around
it within the boundaries of the 213 W. Hallam parcel.
There are 300 historically designated properties in town. All but three are designated by the full
legal description of the property, so that HPC can ensure that the setting of the historic resource,
and the impact of immediately adjacent construction are considered in new development. The
idea of isolating the designation of 213 W. Bleeker Street to just the shed and a buffer area came
out of discussions between staff and the applicant, however we indicated that this is not the
standard.
With regard to the Aspen
Victorian designation
criteria, staff believes
that Criterion A is met.
The shed appears to be a
19th century structure,
based on the construction
of the building. The LA
1904 Sanborne Map, at
right, shows two
outbuildings along the
alley, including one in
the southeast corner of
the lot, where the subject
shed exists.
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Regarding Criterion B, there is no adopted integrity score sheet to use because the forms that
have been created for 19th century buildings generally refer to primary, rather than secondary
structures. During the renovation in 2000, this shed was considered to be a historically
significant structure. It was lifted for basement excavation and replaced in the location and
orientation that it was found in. The south and east sides of the shed are visible to the public and
retain historic materials. Portions of the west and north sides of the structure have been removed
or changed by new construction.
All of the homes on this block-face are Victorian landmarks, and four, including 213 W. Bleeker,
have original outbuildings. This small shed contributes to the association of the neighborhood
with 19th century Aspen.
Staff finds that the property still meets criteria A and B, and that removal of the historic
designation of any of the property should be denied.
RECOMMENDATION: Staff recommends that HPC oppose removing historic designation
from any part of the property. The designation criteria are met, therefore "de-listing" the
property is inappropriate. There are many new structures in town that are subject to HPC review
to ensure that Aspen's valuable collection of historic resources are supported by their
surrounding context.
Exhibits
Resolution# , Series of 2014
A. Application
B. Public comment
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A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
RECOMMENDING CITY COUNCIL DENIAL OF A REQUEST TO REMOVE
HISTORIC LANDMARK DESIGNATION FROM ANY PORTION OF THE PROPERTY
LOCATED AT 213 W.BLEEKER STREET,LOT G,BLOCK 51,CITY AND TOWNSITE
OF ASPEN, COLORADO
RESOLUTION# , SERIES OF 2014
PARCEL ID: 2735-124-40-005
WHEREAS, the property owner, Adam Glickman, represented by Michael Hoffman of Garfield
and Hecht, P.C., has requested removal of historic designation from a portion of the property
located at 213 W. Bleeker Street, Lot G, Block 51, City and Townsite of Aspen; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for
Rescinding Designation and states that an application shall be approved if City Council, after a
recommendation from HPC, determines sufficient evidence exists that the property no longer
meets the designation criteria; and
WHEREAS, Amy Simon, in her staff report to HPC dated March 12, 2014, performed an
analysis of the application and recommended that HPC oppose removal of historic designation
from any portion of this property; and
WHEREAS, at their regular meeting on March 12, 2014, the Historic Preservation Commission
considered the application, found the application was not consistent with the review standards for
removal of historic designation and made that recommendation to City Council by a vote of_to
NOW,THEREFORE,BE IT RESOLVED:
That HPC hereby recommends Council deny the request for removal of historic designation from
any portion of the property at 213 W. Bleeker Street, Lot G, Block 51, City and Townsite of
Aspen.
APPROVED BY THE COMMISSION at its regular meeting on the 12th day of March,
2014.
Jay Maytin, Chair
Approved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Clerk
213 W. Bleeker Street
HPC Resolution# , Series of 2014
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Amy Simon
From: maggielee @qdewolf.com
Sent: Wednesday, February 26, 2014 12:58 PM
To: Amy Simon
Subject: Re: 213 W. Bleeker
thank you Amy for letting me know about this possible removal of yet another victorian reminder of our past
history much of which grounds us so that tomorrow and all tomorrows to come can give us a unique sense of
having a past to belong to as well as a future always ahead.
Nick and I came here from Boston's Beacon Hill and we picked Aspen to move to because of its history and its
visible ties to the past as well as its future prospects which looked bright and full of promise.
I am against removing the historic land mark designation from any portion of the property at 213 west Bleeker
St.
Margaret DeWolf
233 West Bleeker St
-----Original Message-----
From: Amy Simon
Sent: Wednesday, February 26, 2014 10:10 AM
To: maggieleeCa)-gdewolf.com
Subject: 213 W. Bleeker
Amy Simon
City of Aspen Historic Preservation
130 S. Galena Street
Aspen, CO 81611
(970) 429-2758
www.aspenpitkin.com
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is
addressed and may contain information that is confidential and exempt from
disclosure pursuant to applicable law. If you are not the intended
recipient, please reply to the sender that you have received the message in
error and then delete it. Further, the information or opinions contained in'
this email are advisory in nature only and are not binding on the City of
Aspen. If applicable, the information and opinions contain in the email are
based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. The opinions and
information contained herein do not create a legal or vested right or any
claim of detrimental reliance.
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February 25,2014
Mrs. Amy Simon
City of Ashen Community Development
130 South Galena Street
Aspen,CO 81.61.1
Re:Request for Delisting 213 West Bleeker Street,Aspen,CO
Dear Amy—
I do not support delisting of the property at 213 West Bleeker Street and removing the stipulations listed
in Stipulated Order from the City in 2001.
The stipulations I am most concerned with are maintaining the existing FAR with no increase or decrease
froib the existing,maintaining a design consistent with the existing historic shed,and lifting all variances
and exemptions granted under the Historic Preservation provisions of the Code.
I strongly encourage the board to review the City Council Stipulations and`vhy it was imposed. 1 would
a 4-.the board to vote no on supporting this application.
Tha i�kyou for taking the tune to hear our comments.
Regards,
West Main_Ventures, LLC
Jamie L.Brewster McLeod
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ATTORNEYS&COUNSELORS AT LAW
JEROME PROFESSIONAL BUILDING
320 WEST MAIN STREET
ASPEN,COLORADO 81611
Sherman & Howard L.L.C. TELEPHONE:(970)925-6300
FAX:(970)925-1181
OFFICES IN: DENVER•COLORADO SPRINGS ASPEN VAIL
STEAMBOAT SPRINGS PHOENIX•SCOTTSDALE RENO
LAS VEGAS ST.LOUIS-ATLANTA
Over 120 Years of service and commitment to our clients
B.Joseph Krabacher
Office Number(970)300-0123
E-mail: ikrabacherna,shermanhoward.com
Website: www.shermanhoward.com
March 6, 2014
Amy Simon
Historic Preservation Officer
Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: 213 W. Bleeker Street
Request for Delisting
Dear Amy:
We represent the owners of the property located at 215 W. Bleeker St., Aspen, CO 81611
—David and Sarah Pesikoff. The purpose of this letter is to object to the Application dated
.December 31, 2013 (the "Application") for delisting of the residence at 213 W. Bleeker Street,
Aspen, CO (the "Property") from the Aspen Invento>y of Historic Landmark Sites and
Structures(the"Inventory").
1. History of Intentional Demolition of Historic Landmark. As described in the
Application of Adam Glickman (the"Applicant'), a prior owner of the Property - Ron Schelling
- received approvals for a remodel of and historic landmark. Instead of remodeling the historic
landmark, it was demolished without the consent or approval of the HPC or the City of Aspen.
As noted in Resolution No. 13, Series of 2001, which constituted the findings of fact and
recommended order from the HPC,the only portion of the structure that remained included
chimney bricks, a window, some framing materials,the shed, eave molding,porch decking,
soffit material and the siding water table. Resolution No. 13, Series of 2001, Findings of Fact,
15.
After the Property was red tagged,the HPC and the City determined that the Property
should remain listed on the Inventory although the residential structure itself was removed as an
historic landmark. Resolution No. 48, Series of 2001 at p.1.
BUS—RE/3461043.1
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Amy Simon
Historic Preservation Officer
March 6,2014
Page 2
The owner was required to submit a remediation plan to the City which essentially
required a replica of the historic landmark structure to be built in accordance with the approved
HPC plans. Stipulated Order§1. The Stipulated Order stated that the Property shall remain on
the Inventory but would not be eligible for any further HPC benefits other than the variances
originally granted by the HPC. Stipulated Order§1.
2. Application. The Application seeks to remove the principal residence from the
Inventory based upon a claim that the principal residence is not historic as it is a replica.
However, the Application seeks to preserve the variances that were granted solely as a
result of the fact that the Property was on the Inventory, and now seeks to retain the benefit of
the variances, but no longer subject to the principal residence to any HPC controls, unless there
is a"material change" to the residential structure.
The Application then proposes a formula for determining when a material change occurs.
Finally, after acknowledging that the Property contains a truly historic shed, the
Application seeks to apportion some of the Property to the shed (specifically a 10-foot footprint
around the shed) and otherwise to remove the Property from the Inventory. At a minimum, such
an Application has no precedent and is not supported by the City of Aspen Land Use Code (the
"Code").
3. Noncompliance with Standards. Aside from the fact that this Property should
remain on the Inventory to avoid circumventing the prohibition on demolition of Inventory
properties without approval of the HPC,the Application fails to satisfy the standards for delisting
of the residential structure or the Property.
The first criteria of Section 26.415.030.B.La) of the Code states:
"(a) The property or district is deemed significant for its antiquity, in that it contains
structures which can be documented as built during the 19th century"
The Applicant cannot demonstrate compliance with this standard because as admitted in
the Application,the Property continues to contain the historic shed. There is no precedent to
treat the Property as proposed by the Applicant, where only the shed and some small area around
the shed is deemed historic, but the rest of the Property and residential structure is deemed non-
historic. The express language of the Code as stated above requires the analysis to focus on the
Property, not some portion of the Property.
The second criteria of Section 26.415.030.B.Lb) of the Code states:
"(b) The property or district possesses an appropriate degree of integrity of location,
setting, design, materials, workmanship and association, given its age. The City Council
shall adopt and make available to the public score sheets and any other devices which
BUS RE/3461043.1
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Amy Simon
Historic Preservation Officer
March 6, 2014
Page 3
shall be used by the Council and Historic Preservation Commission to apply this
criterion."
The Applicant argues that because the replicated residential structure is only 10 years old,
it lacks all integrity relating to the period of significance for bona fide Aspen Victorians.
However,the standard above is not focused strictly on the age of a structure located on an
Inventory property, it also requires a consideration of location, setting,and design, as well as
other factors. Based upon the entire standard, the Applicant will be unable to establish there is
no integrity of location because in fact the location is next to 215 W. Bleeker which is
historically designated, and although the replica is new construction, it complements the
location, and enhances the setting and design of adjacent historical structures, including the shed
located on the subject Property. Furthermore, there is no evidence in the record that the chimney
bricks, a window, some framing materials, the shed, eave molding, porch decking, soffit material
and the siding water table that were historic and were not demolished or deconstructed were not
incorporated into the residential structure.
Finally, Resolution No. 13, Series of 2001 acknowledges on page one that the demolition
of the historic landmark resulted in a complete loss of historic integrity, so the rationale
advanced by the Applicant for delisting was already considered and rejected by City Council in
2001.
4. Delisting is Inconsistent with the Settlement Agreement and Stipulated Order.
The Application contends that there there is nothing in the record to indicate why the City
Council decided against delisting the Property in 2001. Application at p. 7. However,the
minutes and Resolutions, as well as the Settlement Agreement and Stipulated Order,debunk this
argument.
Contrary to the assertions of the Application, the City required the Property to remain on
the Inventory for, among any other reasons, to insure compliance with the remediation plan.
Resolution No. 48, Series of 2001 at p.1 ("Council has determined that the property should
remain on the historic inventory because of the historic shed and because of the need for HPC to
review the remediation plan').
The demolition of the original historic landmark generated litigation,which was filed in
20011 and after an extended negotiation among the original owner, the City, and the neighbors
(the predecessor in title to the Pesikoffs).
To settle the litigation, the parties entered into a Settlement Agreement and Stipulation.
It appears that the Settlement Agreement and Stipulation was not submitted with the Application
and a copy is enclosed. The Settlement Agreement is binding on successors and assigns and
therefore binding on the Applicant and is entitled to be enforced by the Pesikoffs or the City. In
consideration for settling all of the claims,the prior owner,the City and the neighbors all agreed
1 Block et al. v. Schelling et al.,Pitkin County District Court,Case No.01-CV-131
BUS RE/3461043.1
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Amy Simon
Historic Preservation Officer
March 6, 2014
Page 4
to abide by the provisions of the City approvals that allowed the project to proceed with the
replication of the destroyed historic landmark. Settlement Agreement and Stipulation§1.
Even if the City were to approve the Application, the parties that are successors and
assigns to the Settlement Agreement would also have to approve any delisting of the residential
structure from the Inventory. The Plaintiffs in the litigation(the predecessor in title to the
Pesikoffs),agreed to support the approvals, and any change in those approvals requires the
consent of the neighbors—David and Sarah Pesikoff.
Nothing has changed since 2001 that would obviate the need for the Applicant to
continue to comply with the remediation plan.z The HPC approval of the remodel which became
the replica required to HPC to retain control over the Property to make sure that there are no
changes in the replicated residential structure that would, among other things, violate the
remediation plan or adversely impact the historic shed.
Numerous provisions of the Code have been adopted to prevent attempts to circumvent
the City's historic preservation regime and the desire of owners to avoid HPC regulation of
historic properties. For example, Section 26.415.080 establishes detailed procedures and
standards for demolition of historic resources. None of these provisions were followed in 2000
and 2001 with respect to the Property, and approval of this Application would in effect allow
circumvention to occur and would establish a dangerous precedent.
As another example, Section 26.415.100 proscribes demolition by neglect. Allowing the
Applicant to remove the residential structure and portions of the Property from the Inventory
would sanction a method to circumvent the Code,and should be discouraged by denying this
Application.
In addition,the Applicant has not proposed to modify the Stipulated Order, which
continues to bind the Property and expressly states that the Property will not be removed from
the Inventory. Stipulated Order§3.
The Applicant knew about the limitations when the Applicant purchased the Property in
2006, insofar as the deed transferring title to the Applicant contains a specific reference to the
various resolutions of the HPC imposing the restrictions on the Property as a result of the
voluntary demolition of the historic landmark. Warranty Deed recorded March 31, 2006 as
Reception No. 522405, Exception No. 10.
5. Setback Variances Granted. A variety of variances were granted to the residential
structure, and survived the replication of the historic landmark, but because the Property
remained on the Inventory, it was determined that the Property was eligible for variances. As
' The remediation plan was not submitted with the Application, and we have been unable to locate a full copy
of it,although portions appear to be attached to Resolution No. 59, Series of 2001.
BUS RE/3461043.1
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Amy Simon
Historic Preservation Officer
March 6, 2014
Page 5
noted in the Application, there were a combined total of six setback variances granted, some of
which related to the residential structure and some of which related to the historic shed.
As a result,the variances have necessitated the goodwill and cooperation of the neighbors
(the Pesikoffs next door at 215 W. Bleeker) when the Applicant wants to work on the western
exterior of his house, for example for painting this past summer when the Applicant used
portions of 215 W. Bleeker as a staging area. The use of portions of 215 W. Bleeker has been
granted in the spirit of being a good neighbor, but is not a permission that the owners of 215 W.
Bleeker are required to grant.
In an interesting case of having your cake and eating it too, the Applicant has the temerity
to suggest that most of the Property and the residential structure should be taken off the
Inventory, but that the setback variances,which were granted solely because the Property was on
the Inventory, should remain until some future date when the Applicant decides that he may want
to redevelop the Property.
The Applicant also proposes a new definition of material change and attempts to create a
standard whereby any increase or decrease of more than 5% in existing floor area would
constitute a material change that would require approval from the HPC or they Historic
Preservation Officer. There is no provision in the Code that would permit such a result.
The incentive for variances of setbacks benefits properties on the Inventory, and if the
HPC were to consider delisting the residential structure or a portion of the Property, the HPC
should condition that approval on the Applicant immediately bringing the Property and
improvements in compliance with all setbacks and to revoke all variances that were granted with
respect to the residential structure.
We request that you add this letter and the enclosures into public record for the HPC
hearing could you have any questions, please feel free to contact the undersigned.
Sincerely,
B. Joseph Krabacher
cc: David Pesikoff
Sarah Pesikoff
Enclosures: Resolution No. 13, Series of 2001; Resolution No. 48, Series of 2001; Stipulated
Order; Resolution No. 59, Series of 2001 (including Settlement Agreement); Warranty Deed
recorded March 31, 2006 as Reception No. 522405
BUS-RE/3461043.1
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CITY OF ASPEN CITY OF ASPEN
HRETr PAID YVAM PAID
RFP NO- DATE REP NM
31 )1.e --rWI OaGR&d 1311D U 'lA? D-1&e-7 Oo-
522405
TRANSFER DECLARATION RECEIVED 03/31/7006
WHEN RECORDED RETURN TO:
Name: Adam_Glickman
Address: 3959 N. Lincoln
Chicago, IL 60613 �•
WARRANTY DEED
THIS DEED, made this 31 st day of March, 2006,between Ronald L. Schelling and Lori L.
Schelling of the said County of Will and State of Illinois, grantor, and Adam Glickman whose
legal address is 3959 N. Lincoln;Chicago, IL 60613 of the said County of Cook and State of
Illinois, grantee:
WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
has granted, bargained, sold and conveyed, and by these presents does grant,bargain, sell, convey
and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with
improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado
described as follows:
Lot G, Block 51,
-j-- CITY AND TOWNSITE OF ASPEN I 1111111111111111111111111111111111111111111111111111 52248 f
Page: 1 of 4
03/3 1!
JANICr; K VOS CAUDILL PITKIN COUNTY CO 2006 12.11E
County of Pitkin, State of Colorado
R zl.ae o 3zs.s0
also known by street and number as: 213 W Bleeker St., Aspen, CO 81611
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his
heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the
File Number: 44628-C7
Stewart Title of Colorado,Inc.-Aspen Division
Warranty Deed—Photographic Record(Individual)
Page I oft
P13
grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he
is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except
See Attached Exceptions
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all
and every person or persons lawfully claiming the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
OAA__�.__ - t -6 641&
Rona d L. Schelling Lori L. Schellin
STATE OF
COUNTY OF �y _
The foregoing instrument was acknowledged before me this c_�CA day of rnGtt'C�'v ,
by Ronald L. Schelling and Lori L. Schelling
My commission expires Witness my hand and official seal.
ljvf�('& L��7
Notary Pu lic:
:�1oTAR}1�,j�
M �
52245 �s��
Page: 2 of 4
03/31/2006 12:11 R SIO-61IF Ry
JANICE K VOS CAUOILL PITKIN COUNTY CO R 21.00 D 325.50 AUGUST 1,2M
File Number: 44028
Sicwart'Fitic of Colorado,Inc.-Aspen Division
Wan-anty Dced—Photographic Record(Individual)
Page 2 of 2
P14
EXHIBIT 1
EXCEPTIONS
1. Distribution utility easements (including cable TV).
2. Those specifically described rights of third parties not shown by the public records of which
Buyer has actual knowledge and which were accepted by Buyer in accordance with
paragraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records].
3. Inclusion of the Property within any special taxing district.
4. The benefits and burdens of any declaration and party wall agreements, if any.
5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof, water rights, claims or title to water.
6. Taxes for the year 2006 and subsequent years not yet due and payable.
.7. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for
the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as
Reception No, 60156.
8. Reservations and exceptions as set forth in Deed from the City of Aspen recorded in Book
59 at Page 52 as follows: "...that no title shall hereby be acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held under existing laws."
9. Terms, conditions, provisions and obligations as set forth in Ordinance No. 10 (Series of
2000) of the Aspen City Council granting approval for landmark designation recorded April
28, 2000 as Reception No. 442760.
10. Terms, conditions, provisions and obligations as set forth in Resolution No. 11, Series of
2000 of the Aspen Historic Preservation Commission recorded April 28, 2000 as Reception
No. 442763, Resolution No. 18, Series of 2000 of the Aspen Historic Preservation
Commission recorded May 16, 2000 as Reception No. 443358 and Resolution#59, Series of
2001 of the Aspen Historic Preservation Commission recorded March 6, 2002 as Reception
No. 464740.
11. Terms, conditions, provisions and obligations as set forth in Resolution #00-17 of the Aspen
Planning and Zoning Commission recorded July 5, 2002 as Reception No. 469516.
File Number: 44628 y n
Stein Title of(Worado,Inc.-Aspen t)ivision 522405
Wan-anty Deed—Exhibit I (Exceptions)
Page � Page: 3 of 4
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P15
12. Any loss or damage due to possessory rights of fence along easterly property line as shown
on Improvement Survey prepared by Tuttle Surveying Services dated March 3, 2006.
522405
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File Number! 44628
Stewart Title ol'Colorado,Inc.-Aspcn Division
Warranty Deed—Exhibil I (Exceptions)
Page 2 of 2
P16
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING A REMEDIATION PLAN FOR 213 W.BLEEKER STREET,LOT
G,BLOCK 51,CITY AND TOWNSITE OF ASPEN,COLORADO
Parcel Identification No.2735-124-40-005
RESOLUTION#59,SERIES OF 2001
WHEREAS, Ronald and Lon Schelhng, owners of the property at 213 W Bleeker
Street, and the City of Aspen signed a Stipulated Agreement Order on May 29, 2001.
w1ncb established the circumstances under which the stop work order could be Hted at
213 W Bleeker Street Lot G,Block 51,City and Townsite of Aspen,and
NNMEREAS, said agreement required HPC review and approval of a "Remediauon
Plan,"to address design changes that would be needed to comply-with outstanding UBC
issues,and
'YVMREA.S, the HPC discussed said plan at their regular meetmg on December 12,
2001,and approved the plan with conditions
THEREFORE,BE IT RESOLVED.
That the HPC approves the"RemedlBtOn Plan," attached as`Exhibit A,"for 213 W
Bleeker Strcet, Lot G, Block 51, City and Tovnisite of Aspen with the following
conditons
1 A bu ldmg permit for this project shall be obtained prior to any work beginning on
the site The building permit application shall be submitted within two weeks of
the date of this resolution The permit shall be picked up within one week of the
date that it is ready for issuance
2 The attached settlement between the Schellrngs and Margaret Block,the adjacent
property owner,is hereby incorporated into this resolution as"Exhibit B" The
Schellings shall complete backfill and soil compaction on their property and the
Block property in a manner that satisfies the terms of the settlement and the Chief
Building O$acial All other aspects of the agreement shall be,complied with
3 The Stipulated Order between the City and Schelhug's is attached as"Exhibit C"
and shall be complied with
4 The property owner shall be required to submit a constriction plan, with
milestones for completion of the protect on a timely schedule, for review and
acceptance by the Cluef Building Official This plan shall be agreed upon before
the permit is ready for issuance`
5 Drainage from the gutter being installed on the west side of the house shall be
directed to a drywell in the front of the building,as represented in the meeting
46g izeez az 2,F
sii.via oavis o:TY iN cooNiY CO R 125 00 C e 00
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APPROFED BY T,IF-CO.TnNiISSIOr at its regular meeting on the 12th day
of December,2001.
Approved as to Form.
Davi&Roefer,A ssis t City Attorney
i Approved as to Coutent
HISTORIC PRESERVATION CON�QY SSION
1
Swan a ftei ai
ATTEST:
Kathy Stric, land,Chief Deputy Clerk
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$1LVIP DOTS°ITKIM COUNTY Co R 125 00 G 0 00
P18
SPENT RISTORI ESERVAT'ION COMMISS t MI'�'uT'ES OF
DECE_M}3ER 12.2001
Department, to insure the safe relocation,preservation, and repair
(if required)of the structure,site preparation and infrastructure
connections as pan of the Final Review Application, and
15)Replacement and design of windows on the historic pan abode
buildings shall be review and approved by staff and monitor
16)The access well to crawl space on the historic cabin should be
reconfigured to allow the north east corner of the cabin to sit on
,grade and the confio ration shall be reviewed and approved by staff
and monitor
17)Tower configuration shall be indicated as Alternate#?
I8)The gabled roof for the four Alex is approved as AC 3 2
i
Melanie second the motion Motion carried 7-0
I"es vote Jefji-ey Gilbert,Rally, Melanie,Neill,Michael, Suzannah
Z13 W.Bleeker, Remediation Plan
Sworn in were Stan Mathis,representing the Schellinas
Craig O'Brian,resident of 215 W Bleeker y
Paul Taddune,attorney representing the adjacent neighbor,Margaret Block
Tom Perry,Building Department
David said pursuant to the stipulation order the applicant had to come
before HPC for approval of the remediation plan
Copy of the stipulated order entered into the record as Erhubit I
David said in addition there is an agreement between the Schellmg's and
Mss Block Exhibit 11. Also building codes need to be complied with as
part of the approval David said he is going to request that the agreements
be attached to the resolution as Exh bits Mfr Schellmg is required to pay
the City$120,000 and the appropriate way to track that is through the Clerk
&Recorder When recorded,these agreements would have to be complied
with if ever the property was sold to another party
Stan said he was asked to address how To reduce the overhang on the
adjacent property to the west The overhang goes beyond the property line
and at the same time maintam some resemblance as to what you ongmaEy
thought you were going to get in elevation Stan said he cut the overhang
EXHIBIT i tH [T 7 4647-'10
P19
ASHN SISTOML ;SERVATION EO1yIMISSi KINUTES OF
DECEMBER 12,2001
back to wiihm one inch of the worst-case condition of the property line,so
therefore it s about eight inches Not only rn the code but as a ratter of
good practice one needs a gutter because you really cannot drain water onto
the neighbor's property,so it became obvious to be that I was going to cut
the entire overhang offand that is what the wall section indicates It is a
custom gutter that is in the same shape as the fascia and soffet and to be
painted the same as the fascia and soffet At the front of the building you
will not see the end of the gutter,the gable fascia comes down and covers
the end of the gutter That runs the triter length of the lustonc part of the
structure In addition there needs to be down spouts and code we have to
have dry wells to take care of the runoff water There will only be one
down spout on the lengthy gutter It will probably be like a secondary
gutter inside the fascia gutter that will drain all the water to Bleeker Street
side It will then go to some sort of drainpipe,preferably not a perforated
drainpipe to a dry well at the front of the house We are too close to the
neighbor's property for any water to be spewed out
Stan said he also raised the elevation of the bottom of the soffet to about
two inches,and maybe three inches so now it aligns with the fascia that ran
across the face of the shed roof covering the entry That was actually offset
in the original submission. The fascia that comes down on the side of the
gables that returns back to the shed over the entry is what is indicated on the
drawings The onc-inal drawing was a foot and that put it two inches over
the neighbor's property The reason the bottom of the soffet was raised up
is to keep the vertical dimension of the fascia as it was approved previously
The only difference is that the soffet is higher There are no alternations to
any other part of the design
Paul Taddune stated he represents 215 W Bleeker,the Block residence
The Blockhouse is an historically designated structure The subject project
-'—jeopardized her foundation. Other impacts were the roof overhang and the
higher pitched roof was causing snow to cascade against her house etc
That caused hear to file legal action against the Schellmg's Paul agreed
with David that the remediation plan is going to incorporate the terms of tae
settlement aueement Paul stated that all of the settlement agreements have
not been performed The Schelling's were to notify Mrs Block when the
backfill was going to occur in order for them to contact HP Geotech to
observe the bacckfill The backfill which was done without a permit was not
I�� 6I 1 IIIC�I I�E III
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'�C� 10e 4b51 0 0003
P20
4SPEN HISTORIC ESER' ATION CONLNF.ISS nffNTUTES OF
DECEMBER 12.2001
done properl} and does present some jeopardy. The baclffll needs to be
redone and m adaition Panllo recommended mud grouting on Mrs Black's
foundation which vie do not feel was done A subsurface dram was to be
installed that would drain out onto Bleeker Street which should be part of
the settlement If those components could be rectified we could have
compliance
Jeffrey asked what has to be done regarding the backfill'i -
Toni Perry said it should have been inspected. We are talking civil rather
than building code issues as to which way to go It should be part of the
i process
David said his concern is that the compaction comply with the building
codes
Paul said unfortunately you have an historic property that is in compliance
and one that is not The fill should be removed and reinstalled and
inspected as it is reinstalled and that would preserve both buildings We do
not want to undermine the foundation of the Block residence.
Stan Mathis said if there was a specification calling for a specific
coripacnon density test and that wasn't tested as the lifts were put in then
by virture of the fact that the excavation is so close to other structures by not
having the tight standard,the soil not being in a"fluffed"state you have the
opportunity for the soil that was not excavated at the other structure to
move Compaction is important The drainage is a building code issue
Suzannah asked when the bacicill was done? Paul said the backfilluig was
done after the agreement and the a�eement calls for Mrs_Block to be
--notified Paul said he was driving by and saw Schelling doing some work
and that was in violation of his building permit.
Jeffrey asked about Schelliiig's hcensO } -
Tom Perry said he has no license at all and he does not have a building
permit for that structure at this time Everything is starting over He should
be eomg through engineering even for the drywell and engineering would
3 002
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P21
4SPE>'HISTORR -RSERVATION COMMTSSF_ M'TRTT,TES 4F
DECEMBER 12 2001
be loolong at the drnvell What is holding up the building permit is HPC's
approval of the appearance of this structure. Drainage issues,structure;
:sues.fire issues will be dealt with as part of the building perrrut process
David said it is his position that it would be meaningless for this Board to
basically approve a remediation plan that didn't incorporate both the
concerns of Mrs Block and our concerns Unless the Schelling's are in
compliance with both of these agreements they basically have a situation
where they cannot complete the house. David said he brought everyone
together in the hopes of resolving these issues
Stan Mathis said there are above grade issues which are visual and then
there are issues below grade that effect the stability of both structures
actually Stan requested approval for the elevation presented and then work
4 out the building issues.
Amy said that is staffs recommendation,-for IIPC to give approval with the
condition that they get a building permit;that they give us a construction
schedule that sets up dates for completion of the project and that they
address whatever they are out of compliance with on their agreement with
the Block's
Suzannah said the permit should include specifics on this agreement and
somehow it is going to have to be shown that the construction complies with
the permit
MOTION Rally moved to approve Reso #59,2001 in which HPC
recommends approval of the elevation section provided at the Dec 12'h
meeting with the following conditions
I That the applicant is required to obtain a buddingpermit and that
they must apply for thar permit within one week of this date and they
must pick up the permit within two weeks of it being ready to issue
2 Attached to this resolution shall be the agreement with the Block's,
the adjacent neighbor and all aspects of that ao•gement must be
complied with particularly the compaction issues
3 Stipulated order berween the City and the Schelling's shall be
attached and ppcomphed with
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P22
AC-PEN KISTOPU '� ESERV4TION QORi CSS r _NTT ,I T ES O
DECEMBER 12.2001
4 7-he owner and the Building Dept will come to an ao eement about
an ongoing work plan for completion of the project
Subsurface drainage going out to Bleeker Street which is part of the
gzater drainage, the dry well in the front of the building
6 The Block agreement should be incorporated and addressed in the
building department drawings
Motion second by Melanie. Motion carried 6-0.
Je re}-, Gilbert,Rally,Melanie,Neill, Swmnnah
110 E.Bleeker—Conceptual,Partial Demolition,Variances
Sworn in were Sven Alstrom and Herb Klein
Notice of publication was entered into the record as Exhibit I.
.Amy said the proposal is to make an addition on the west side of the
existing 19`h century Victorian Staff has concern about the location of the
addition,it is far to forward on the lot to meet design guideline 10 8 It is
too competitive with the historic resource and changes the perception of the
width and overall size of the original building and it must be slipped back
on the lot One of the reasons it has not been proposed that way is because
the Garage at the back of the property is side loaded After discussion with
the Engineering Dept it is conceivable that the City would allow relocation
of the garage doors onto the alley side in order for their.to come right in
'from the alley The garage is not an historic building The applicant is
requesting a 500 square foot FAR bonus. Restoration efforts need clarified
in order for the recommendation of the FAR bonus. On the partial
demolition standards,where the addition is proposed the intent is to
demolish an entire wall and staff doesn't feel the design is appropriate right
no-w Staff recommends continuation with very specific direction.
lr Sven said since the last worlcsession the addition has been pushed back 14
feet behind the brick facade of the house and the porch is nine feet behind
the brick facade The FAR bonus request has been reduced to 350 feet, r
r wbnch is ioughly 70%of the bonus 'The access location of the stair on the
rear of the building has been changed so that the rear fagade of the historic
house is not altered at all They are proposing to leave the laundry room
unaltered The length of the addition has been reduced by three feet The
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P25
DISTRICT COURT COUNT OF P?TF_LN
STATE OF COLORADO
506 E Maio Street,Suite E
.4spcn,Colorado 81611
MARGARET W BLCCK TRUSTEE OF THE MAR.GA-RET
W BLOCK QUALIFIED PERSONAL RESIDENCE TRUST
MAGGIE MCGOVERN AND DANIEL MCGOVERN -�
A COURT USE ONLY A
RONALD L SCHELLING AND LORI L SCI ELLING,
I CITY OF ASPEN,COLORADO,AND THOMAS MCCABE.
JIM MARKALUNAS,RACHEL.RICHARDS,TONY
HERSHEY,AND TERRY PAULSON AS I\ MBERS OF
T-E CITY COUNcTL OF THE CT11'OF ASPEN
Paull Taddunc,Esq
Paul I Taddune,PC CASE NO 01-CV-131
333 West Main Street,Suite 301 Dii mon Two
Aspen,Colorado 81611
Telephone (970)925-9190
Telefa>.(970)925-9199
E-Mall taddune0comouserve com
Arty Reg No 10824
Dance]M Fowler,Esq
Fowler Scbimbcrg&Flanagan,P C
1640 Grant Street,Sulre 300 ` lI
CO Denver �
TTe]pbonc (303)298-8603 I I"III III II III I I�I III I�II1 I I I Page l e of 5
Teleiaa (303)298-8748 SIIV[R DAMS PITCIN COUNTY CO iiSSi 11111110 HHHtl
0
Airy Reg No 6357 R 125 00 D c 00 93 z1F
I
SETTLEMENT A GREEMENT AND STIPULATION
THIS SETTLErIBENT AGREE,'v1ENT?.NA STIPULATION is entered into as of the
21st day of September,2001 between the Plamti$s,Margaret W Block Trustee of the Margarei
W Bloch Qualified Personal Residence Trust r2 Aspen Residence Mago e McGovern and
Daniel McGovern(hereinafter collectively""Plamrizs"),and Defendanrs Ronai_d L SchelLng
and Lon L Schelling�heremafter coilectivelp the"Sciiellings")
E KIBtT y =?
P26
RECITALS
A Plainti ffs ohm real property and the residence hereon in the Ciry of Aspen
commonly known as 215 West Bieeker Street,Aspen,Colorado more speciti"cally aescnbed as
Lot 4 Block 51-City and Township of Aspen,County of Pitkm,State of Colorado
B The Schellings;are husband and wife and own real property in the City of Aspen
commonly mown as 213 West Bleeker Street,Aspen,Colorado,more specifically described as=
Lot G,Block 51,City and Township of Aspen Colorado.located to the east of and sharing a
common boundary with Plaintiffs property
C In or about August 2000,the Schellings commenced construction to restore a
locally designated hisconc landmark miners cottage located on them property During the course
of construction,The Schellings demolished the hrsione landmark structure,excavated two large
basements upon their property which caused subsidence on Plaintiffs'property and reconstructed
a pitched roof which overhangs onto Plaintiffs'property
D In or about October 2000,a stop work order was issued to the Schellings by The
City of Aspen Building Department on the basis that the historic structure previously located on
The Schellings propery had been totally demolished,contrary-to City approvals for the
restoration of the historic structure and landmark designation
E This civil action has been filed by the plaintiffs in wluch their claims against the
Schellings are for trespass,nuisance,neeligence,unlawful forcible entry and detainer,injunction
and declaratory relief,ansing out the demolition of the historically designated saucaire on the
Schelhngs property and the reconstruction of a residence thereon,all as more specifically alleged
in the Complaint,which is incorporated herein by this reference The Complaint further alleges
that the Ciry Defendants unlawfully re-tnsetuted governmental approvals and entered into an
unlawful settlement aareemeat.
F Plainuffs and Schellings desire and intend to settle all claims ansing out of the
aforesaid huganon,whereby the Schellings have agreed to Temediate and repair all damage in
accordance with recommendanens from Patillo Associates Engineers,Inc dated August 1,2001,
a Gopy of which is attached hereto and made a part hereof as Exhibit"A'and to pay to Plaintiffs
ine costs mcurred by theta,as set forth in this Settlement Ageement and Stipulation
G If the City-of Aspen is willing too ant approvals to the Sebellings, the Plaintiffs a
shall support said approvals,subiect to rite terns of This Settlement Agreement and Stipulation
NOW,TFIEREFORE,in consideration of the mutual covenants and agreements set forth
below,the pames agree and supulate as follows
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P27
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1 In wrisideranon for the Plamuffs'support of the approval of the reinediation plan
To be subrmtted to the CA)of Aspen Sistonc Preservation Commission and the setuement ofthe
htiganon,the Schellings hereby agree to perform,comply with and complete at then sole cos;
and expense The following remediation to assure that the construction occurring on then pioperty
will not encroach upon or cause aama;e to the Plaintiffs'property
(a)There shall be no encroachments into,on the surface.of or aoove the surface of
Plamuffs property by the Schellmgs Although it is the intent of this Settlement Agreement and
Stipulation that there be no encroachments,Plamtiffs agree that no legal action will be taken --
against Schelhngs or their successors or assigns by Plaintiffs or Plaintiffs'successors or assigns
to remove any concrete foundanon matenal below the surface of the ground that may have .
seeped underground onto 215 Vilest Bleeker This estoppel,however,shall not preclude lauitiff
or Plaintiffs'successors or assigns hereto from removing said concrete to the extent that it might
1 encroach onto Plamnffs pioperty in any respect,such that Plamtiffmay represent to futtue
property owners that any such underground encroachment may be removed by such subsequent
owriers The overhang encroachment shall be!emoved as promptly as practicable and the
I Sebelhnvs shall request the gas company to remove,ar the Schelling's expense,the gas service
pipe juttmg onto Plamnffs'property All such encroachments shall be removed no later than
durty(30)days after the City of aspen issues a permit allowing the reconstruction to proceed
Any and all claims for the tight to continued encroachments by adverse possession or otherwise
shall be deemed to be waived and abandoned by the Schellings and the Schellings shall be
estopped from assernn;any such presently existing or future claims
(b) The Schelhngs shall place and maintain ice breaks and gutters and down
spouts feeding to the engineered dry wells on the Schellings'property to avoid snow ice and
water cascading onto The Plaintiffs'property,
(c)The SZrellmgs shall resod,at their sole cost and expense the front yard east
of the Plaintiffs' sidewalk and north of the Plaimtiffs'residence after the water tap is maae,but in
no-vent later than June 1,2002,
(d)A new fence,approved by either Margaret W Block or Margaret Saunders
McGovern,the daughter of Margaret W Block,who currently resides m Pacific Grove,
Califorma shall be constructed along the boundary line between the Schellmg's property and the
Plamnffs'propem,
(e)The Schellings shall,as soon as practicable but not later than sixty(60)days
after approval of the remed!ation plan by the City of Aspen,remediate the subsidence that has
occurred on Plaintiffs property in strict conformance with the report of Pattilo Associates
P.neineers,Inc,a copy of wbieh is attached hereto and macie apart bereof as Eitbibtt"A" In
addition,the walkway on PlammYs'property shall be regraded by the Schellrn s so as to slope
toward the Schellings oroperty.and the wooden boardwalk leading to the side entry=shall be
rerumcd to its normal height and proxiimty to the wall of PlanuffC residence i nc;Scnellinles
P.gs 12'tlllIlllllIIIIIIIII @I IIIIEI VIII 03/05120021 03'3!c, �
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P28
shall provide w-ltten nonce to Margaret W BlocY and Margaret Saunders McGovern of ail
phases of corutniction.particuiarh the vpork to be perotmed pursuant to Exhibn°A' so that fn--
P lamti$s can monitor the work is assure that it is being satisfactorily performed
(f)Plaintiffs shall cooperate with the Schellings in order to allow the construction
to be completed along The west facet-.side of the Schellings structure in a manner that shall cause
no mtierference with Plaintiffs'residence or property The completion of such construction
requiring temporary use of Plamuffs'properry shall take no longer than twenty(2D)days to
complete and shall be in smct accordance with a plan to be submitted to Plamuffs and approved--
in writing by either Margaret', Block or Margaret Saunders McGovern.which approval shall
not be unreasonably withheld or delayed
such work and obligations to be performed by Schellmgs shall be of good
t quality and workmanship and shall not cause further subsidence or damage to Plaintiffs'
i residence
l ? The Schellmtrs,as a condition to the recommencement of construction shall pay
the Plainuffs the sum of Twenty Thousand($20,000)Dollars as a conmbunon toward
engrneenng,sinveymg and legal expenses incurred by Plaintiffs Such amount shall be paid no
later than ten(10)days following execution of this agreement by Plaintiffs and Scliellmgs in
addition.the Scnellmgs shall pay all invoices for momtormg as required in the remediation plan
3 - In consideration of the mutual covenants herein contained,Plaintiffs agree that the
above referenced lawsuit shall be settled in accordance with the terms of this mpulatiou and the
terms hereof shall be mcorporemd and enforced as an order o:the Court
4 Each party hereby acknowledges and agrees that this Settlement Agreement and
Stipulation is made m order to amicably resolve the disputes hercmabove referenced..
S Each parry hereby acknowledges that he,she,or it has carefully read this
Settlement Agreement and Stioulanon.,understands the contents of this Settlement Agreement
and Stipulation,and has executed the same as theu own free and voluntary act after having this
Settlement Agreement and Stipulation explained to such party by such parry's counsel
o. This Settlement Agreement and Supulation may be executed in counterparts and,
as executed shall constitune one agreement binding upon all of the parties hereto,
notwithstanding that all said parties may nor be signatory to the original or same counterpart
The parties agree that telefax,signed copies of this Settlement Agreement and Stipulation shall
be deemed effective,and that each pain will forward ongrnals to the other party,when
- requested
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1
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P29
J _ ✓
Tms Serrl=ent Agreement and Snpulanon shall be deemed tc be an aQi cement
made under the laws of:he State of Colorado and for all Din-Doses it shall be consn-ued in
accordance w th and governed by the laws of such state
8 The parties agree that the aforementioned civil action ana all chain including
each and every claim for relief cotimmed therein shall be serded and dismissed with prejudice
upon full performance of the obhgatms of Schellmgs pursuant to this Setilement Agreement aria
Stipulation
9 This Settlement Agreement and Stipulation is bmdmg upon the heirs.successors
and assigns of all of the parties
i
10 The Dames represent,warant_and agree to each other as follows
(a) The facts stated in the recitals bereof are true
(bj Each parry hereto has made(or has had the opportunity to make)such
investigation of the facts pertaining to this Settlement Agreement and
Stipulanon,the claims underlying this Settlement Agreement and
Stipulation,and all matters pertaining hereto as such party deems
necessary,and no parry relies upon any promise or representation by any
other carry,or by any officer,ageat,employee representative or at'ome),
of any other party with respect to any such matter
(c) Each party hereto nas read this Settlement Agreement ano Stipulation and
understands the contents hereof,and has taken such action as required by
lave for the approval of the person so signing
!dl Each party hereby represents and warrants that she or it has no,heretofore
assigned or transferred,or purported to have assiened or transferrea to an,
person or entity not a signatory to this Settlement Ageement and
Stipulation,any claims or matters herein released Each parry hereby
agrees to indemnify,hold harmless,and defend the other parries,to the
extent permitted by law,from and against any loss cost or expense,
including,but not limited to-attorneys'fees ansmg out of or occasioned
by,or arising in connection with,any such assignment or transfer,or any
purported such assignment or uansfer,of any claims or other matters
released herein
11 This Setlement Agreement and Shpulauon contains the entire agreement for
settlement between the parties hereto and any other pnor agreements of whatever kmn regarding
settlement or compromise of the above-entitled annon`are deemed me-Red into this Settlo-nent
Agreement and Supu4aon �I
1
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'12 T he panes further stlpUlate and agiee that the clams against the 5;bellimgs shat
be dismissed without prejadicc and an a,p apriate orde may be entered dismissing said claims
.Ithout prejudice as provided bcrein-�zthout further notice to or b) any of the pores
13 in the event of any litigation commenctd to enfaice the terms of this Az tt-near,
the pin vil party shall be mmtledto casts,crtpert fees,and attorneys'fees
Dated dus day of 2001
MargatetBlock Ronal Schelling
Maggie Mc.Co-vern Lori L.Sche
Damel McCovem
Rep*escntcd by, Renreserned by
PAUL I TADDUNTE,PC ALLEN,PJERTZ Ri FELDM.AN,LLP
Paul T dune Esq Dough/? Allen,GSq
321 West Main_Su eet,Smte 301 520 t Cooper Avenue,Suite 230
Aspen,CO 81611 Asp CO 37611
N_ (970)925-9190 (970)925-3800
l 111 �lll llll�l111 1111[lll[I 111�I1[O IIIi I B 7 ZIP
SILVIA 0 00 25 }
crvr mur�cw.iF..i cmw..n� /�
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12 The parties fintber stipulate and agee that the claims against the Scbellluigs shall
be dismissed withou[prejudice and an appropnate order maybe entered dismissing said chins
without prejudice as provided berein wisliout further nonce to or by any of the parties
13 In the event of any litigaton commenced to enforce the terms of ibis kgreemen[
the prevailing part,shad be entitled to toss;expert witness fees,and attorneys'fees
Datedthis=-1-?--, day of 5t[`?ti•i 2001
Mar-gaie[Block Ronald L Schelling
a-
Maggie McGovem Lori L Schell[ng
Daniel McGovern
Represented by Represented by
PAUL T TADDU\TE PC ALLEN,WERTZ&FELDMAN,LLP
By By
Paul J Taddune,Esq Douglas P A1:en,Esq
323 West Main Street Suite 301 520 East Cooper Avenue.Suite 230
Aspen.CO 81611 Aspen,CO 81611
(970)925-9190 (970)925-8800
J lt�l 1111 1111111i113111111111X011III111 03/0'0/20 2j 03,21P +
SILVIA DAYIS-ITY.14 S-WTY GD R 125 00 D 0 00
C�vrv'MrtiCbb.xF.wsrvwwn-�pn
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12 The panes further stipulate and agmc that the claims against toe Schelllmgs shall
tie easmissed without pieludice and an appropnate order may be entered dismissing said claims
-w)-houi pieludice as provided herein without{srthet nonce to of by any of the Dames
13 Lan the event of any hngahon commenced to enforce the terms of this P_greement,
the prevailing pang shall be enutied to costs,a-pert witness fees,and atiomeys f es
Dated dust.x dal•of 12001
Margaret Block Ronald L Schelhna
i
R Maggie McGovern Lon L Schelhng
Damel McGovern
Represented by Represented by
PAUL J TADDUINE,PC ALLEN,WERTZ FELDM.ANT,LLP
By By
Paul J Taddune,Esq Douglas P Allen,Esq
323'West Main Street,Suite 301 520 East Cooper Avenue Smte 230
Aspen,CO 81611 Aspen,CO 81611
(970)925-9190 (970)925-8800
ggEE[[pp11 IIjj IIjj({{)II II CeCe{{yy 464740
ilI�1��It�1 000/05/02
SVLVIA DAVIS 02 008
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12 The parties further stipulate and agree that the,claims against the SchellLngs shall
be dismissed t�tthout prejudice and an appionnate order,ma}be entered dismissing said clauns
without or.)udtce as provided herein without further notice to or by an} of the paints
13 In the even of any htigation commenced to enforce the terms of thus A mement.
the prevailmg party shall be enntled to costs.expert v imess fees_and attorneys fees
Dated thus 7— day of a - 2001
t
MaiQaret ocl; Ronald L Schelhnq
Maggie McGovern Lon L Schelling
Daniel McGovern
Represented by Represented by
PAUL J TADDLTIE.PC ALLEN,'WERTZ&:FELDM.A117i,LLP
By By
Paul J Taddune,Esq Douglas P Allen,Esq
323 West Main Street-Suite 301 520 East Cooper Avenue,Suite 230
Aspen,CO 81611 Aspen,CO 81611
(970)925-9190 (970)925-8800
II III III �II111�I Il i III I I�IIIIIIN�I III I
1164740
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_ r .r�•I r11 IP����11NE 1 NO 1•r� F I TO
-?A---TISLD ASSOCr_a=_5 EKG Ti MFRS,IN,".
STRJCTURAL CGtjSULT.aN T S
715 Fod ors-Ponc%:_nc.Tir tD1m 21602
P--(9T0)�5-96°5 is�TOS 415-r4:.'o-ou14 i{smlil�am�«win
kugast 1,2001
1vSazearrot Block Il�f11[Efllf�lilllf lfflilf 111 l l�[I18 If1 111 1 031 F
0 /20022
215 Bl
03 ZIP 217 l�rest c a er St---et
aspen,CO 91611 SILVIR DPVIS P7 IN COUNTY CD R 175 00 D 0 00
Rt: Residence at 215 Ble--4=
Dear Margareu
OUr of ice leas recently received additional mxormatlon regarding i is mavazion
problem ai 213 W+eat Bleel x,Aaeeut to the east side of your Ixowr Copies of
the°;2 v^cotmh report m Schellmo Devclopment daicdJUly 20,2001,andDoug
.11e7i s letter and attachments of 3uly 27,2001,wa forwarded Tow by Paul
Tadchne's oi;;ac. Our caunncuts and tecommendations are presented herein,
The HP Gwt-ch r port recomm=&that a earee foot depth af.:mshedrod,,
backfil)b-removed iu the,nd2 ty of the adjoirnng prooemes,M—mr.fannc placed
overfbo Tes s:=g crushed rock and au the side of the e;c.ca'vation(aalaoerA to the
fmc_grain:d soils oz:your property),alxc well—yradsd soil be compacted up co
nnish grade clevauat Tbny also racottfrncnd unproved sulzaca drainage berwzmn
the twee btnldtn'.
Qrs co=- tzt3 reprding to proposed backfiD mltigahaa are s follows_
I Tius appears to be a masoaable proposal,bated on onr tccnnical
concerns.
2 Vb-,=.c.v-,.uaa and backfUl replacement should probaIly extetrd
farther to the norftz,along the p e-,imisly bacictlled fotada7]on
bemuse of evidenco of*U settleinept and unknown
matEriaUootapac=Dn efsorm,
h�Iriga-dm sbanld mcludc Tilling anc sealing oftne gap between
the Block fouada�oa and rile adjacvat sot,cauaed by the
e cavdzd slope fai?um,to prcventwzterinf tration- Petmaaps a
beufnrrire clErY Sml=y would be apprmriat--
4. the Proposal backn'"ll mai-nal stlouldbe t.stad and approved by a
geotecht11c2i--nr;r_te and=eviewPd/approved by MiZ.Riurk prix,
to consuvction.
5 The Peotxhmcal engin=:should be era ned by Schelling
DevelopMent to obser ve.the exczvation and bachM op-n-erioz to
s''a caue,onnanc=with me ant of ma prouoszd repair;
Cons_ucuon obscrva{aon rcpor-rs and caunpacarz t srz7;r lll'=
:mule be-movid5d for Ivirs Bloch s review anc zpp -,,zL ( I
f t
P35
TC
APSE 1.2001
Page TWO
o Th=n'tam, rriprovcmcnt seram=endauons are an znnorta.—part
of the proposal Because of tlae lunited space between the
biuld3zgs,The high made of the alley,and the A-al slopes to tho
north c5mtM-imjuovemeuas are difficult to reap, W-svggcs,
d•,a2_Purtem and downapoui_s be employed`or the west roof eaves
0'_13 West Bleeper,con=^ung to shallow subsur--aca a:ain pipes
winchwould leae to a sump or drywra system It would be
advance gins to instaL'a covcreb-caxch basin near the botaida y
be'_ween the tots that will accrot sine--water runoff, for both
prop°..roes, %he catnii basin could also be copne-crdi m the
subsurface drain symzm- A plan for the dzaivage trxorooeinents
prcparcdby a gtmUed engintrtr,s''louldbeprovidod for Min.
Bloch s review and approval prior to corstz:uotivn.
Tha mfot�auon u>eluded with Mr.Allen's letter Of Taly 27,2007,df=,hoes a
cujnicnl emcct mst,nal that was^veciacally d-;ignev tv prcvavt Ali a;of
e-,-Daasrve clays. This is rrobably nor am opriate for�.c,avataou smbllizadon
purposes and we doubt is was ase i by an e;perienced erouhag coastr=,man
company such as Denver Groutizg Services,Inc.,m this case.,I°ne=ouang
sperjfjmton and instaIl2cdon may be swot issue&if the propo:ed banuz5L
nis;�izivz is�.ecuted.Nonetheless.with addinanal mior_oation rt would be
helpful to undeisi~nd why 111e Foa6uv failed in the pmbl..m area
This reznletes our rr-new of the most recent submittals. ?'i-ase tout&&me i;
you have any questions or requu-e r other information,
P.obet _,Patnllo. _ -;s, "Q
r
Enc1e to�; Plan and SectiC7'1i Drawings of Obaama d F c3 2tl n
5/115/01(2 sheets,S L&52,datcd-7/1-7191)
acFnFmillc cop;. 6Paul Tador rod @0 925-9:99
63
CIII 5YII� FII�II�I��iII �IItEIEI�III�II �I @I 6a 0/2062r
t0.,'iP ow15 aITKIII MOT' co P : N D rD 00 _
P37
MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Sara Adams, Senior Planner
RE: 534 E. Cooper Street- Final Major Development, Final Commercial Design,
PUBLIC HEARING
DATE: March 12, 2014
SUMMARY: The applicant proposes to increase the size of the second story and add a third story
on top of the existing building located at 534 E. Cooper Street, aka Boogie's Diner. The building
is located on the corner of Hunter and Cooper Streets with two street-facing facades and is
adjacent to a tall three story building to the west. The only historic resource in the vicinity is the
two story Bowman Building across the street. Both the Cooper Street and Hunter Street blocks
that contain the subject property do not have any historic resources.
The property is within the Commercial Core Historic District, located on the eastern edge of the
district.. The existing building, built in the late 1980s, is not considered a contributing structure
to the District. It currently contains storage in the basement, retail/restaurant on the first two
floors, and an affordable housing unit on the second floor. The third floor is proposed to contain
a 2,000 sq. ft. free market residential unit.
HPC granted Conceptual Major Development and Conceptual Commercial Design Review in
July 2012 (Resolution #16 of 2012). The Planning and Zoning Commission granted GMQS
approval in April 2013 (Resolution # 10 of 2013), and City Council granted Subdivision
approval in July 2013 (Ordinance#26 of 2013).
HPC Final Design Review is the last step in the review process.
RECOMMENDATION: Staff recommends approval of Final major development and Finial
Commercial Design with conditions.
APPLICANT: Boogie's Building of Aspen, LLC, represented by Kim Weil of Poss Architecture +
Planning.
PARCEL ID: 2737-182-24-008.
ADDRESS:534 East Cooper, Easterly 2 1/2 feet of Lot Q, and all of Lots R and S, Block 95, City
and Townsite of Aspen.
ZONE DISTRICT: CC, Commercial Core, Historic District Overlay.
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CONDITIONS OF APPROVAL FROM CONCEPTUAL REVIEW
HPC adopted the following conditions of approval to be addressed in the Final Review
application.
1. Chimney is not approved.
Response: The chimney was removed from the proposed project.
2. Restudy materials on elevator shaft to reduce perceived mass and height for review at
Final Review.
Response: The applicant reduced the height of the elevator shaft to the minimum height
allowed by Building Code. A change in materials is proposed between the second and third
floor of the elevator shaft to reduce the perceived height as discussed below.
3. The 42 ft. height increase is not approved.
Response: According to the application, the project meets the 38 feet height limit.
FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW
Major Development and Commercial Design review are two-step processes requiring approval
by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval
of a Conceptual Development Plan shall be binding upon HPC in regards to the location and
form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan
application including its height, scale, massing and proportions. No changes will be made to this
aspect of the proposed development by the HPC as part of their review of the Final Development
Plan unless agreed to by the applicant.
The procedure for Final Major Development Review and Commercial Design Review is as
follows. Staff reviews the submittal materials and prepares a report that analyzes the project's
conformance with the design guidelines and other applicable Land Use Code Sections. This
report is transmitted to the HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions and the reasons for
the recommendation. The HPC will review the application, the staff analysis report and the
evidence presented at the hearing to determine the project's conformance with the design
guidelines. The HPC may approve, disapprove, approve with conditions, or continue the
application to obtain additional information necessary to make a decision to approve or deny.
For new development in the Commercial Core Historic District, the guidelines found in the 2007
Commercial, Lodging and Historic District Design Objectives and Guidelines along with
relevant preservation guidelines within the City of Aspen Historic Preservation Guidelines are
applied.
Commercial design review must address the following criteria:
A. The proposed development meets the requirements of Section 26.412.060, Commercial
design standards, or any deviation from the standards provides a more appealing pattern of
development considering the context in which the development is proposed and the purpose
of the particular standard. Unique site constraints can justify a deviation from the standards.
Compliance with Section 26.412.070, Suggested design elements, is not required but may be
used to justify a deviation from the standards.
2
P39
B. For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.412.060, Commercial design
standards, to the greatest extent practical. Changes to the facade of the building may be
required to comply with this Section.
C. The application shall comply with the guidelines within the Commercial, Lodging and
Historic District Design Objectives and Guidelines as determined by the appropriate
Commission. The guidelines set forth design review criteria, standards and guidelines that
are to be used in making determinations of appropriateness. The City shall determine when a
proposal is in compliance with the criteria, standards and guidelines. Although these criteria,
standards and guidelines are relatively comprehensive, there may be circumstances where
alternative ways of meeting the intent of the policy objectives might be identified. In such a
case, the City must determine that the intent of the guideline is still met, albeit through
alternative means.
Materials/ Architectural Details: The applicant proposes a mix of metal, glass and sandstone
for the third story. The second story addition to the restaurant (east elevation) is mostly glass
panels with some minor metal details. A brick and sandstone chimney is proposed along the east
elevation. A simple lighting plan and a proposed light fixture are included in the application.
Staff is supportive of the material palette and lighting and finds that they meet the Design
Guidelines. Staff recommends that Staff and Monitor review and approve samples of the
materials to confirm that the metal panels are not shiny and to review the sandstone color.
6.59 High quality, durable materials should be employed.
• The palette of materials proposed for all development should be specific and approved as
part of the general and detailed development approvals process, including samples of
materials as required.
6.60 Building materials should have these features:
• Convey the quality and range of materials seen historically
• Reduce the scale and enhance visual interest
• Convey human scale
• Have proven durability and weathering characteristics within this climate.
6.63 Where contemporary materials are used they shall be:
• High quality in durability and finish
• Detailed to convey a human scale
• Compatible with a traditional masonry palette
The applicant proposes to extend the vertical metal siding seams above the roof of the third story
as a vertical "spike" feature. Design Guideline 6.46 requires that the third floor is minimized
through a significant setback, which is proposed for this project, and through subtle architectural
details and materials to recede the third floor into the background. Staff appreciates that the
applicant proposes an interesting vertical metal architectural detail that extends above the third
3
P40
story roof level; however Staff is concerned that this vertical "spike" does not meet Design
Guideline 6.46 and 6.64, and may not reduce the scale of the third floor as specified in Design
Guideline 6.60, bullet 2 above.
6.46 Minimize the appearance of a tall third floor
• Where a third floor height is in excess of 12 ft. it should be set back a minimum of 15 ft.
from the street facade to reduce the apparent height.
• Increase the parapet height to screen the visual impact of a tall top floor.
• The design of a set back third floor shall be simpler in form, more subdued in modeling,
detail and color than the primary facade.
6.64 Materials used for third floor accommodation set back from the street facade should
be more subdued than the primary facades.
Staff recommends that the applicant remove the extension of the vertical seam above the roofline
as a condition of approval. Staff suggests that the applicant clarify if there are any horizontal
extensions from the third floor building facade.
Floor to floor heights: The applicant represents that the floor to floor heights of each level are.
all 10'6". The scope of the project does not include changing the floor to floor heights of the
first or second levels of the existing building. Staff finds that the proposed floor to floor height
of the third level is appropriate considering the scope of the project.
6.44 Maintain the distinction between the street level and upper floors.
• No upper floor shall be taller than the first floor.
Floor-to-floor heights should appear to be similar to those seen historically. In
particular, the windows in new construction should appear similar in height to those seen
traditionally.
• The first floor of the primary facade should be predominantly transparent glass.
Upper floors should be perceived as being more opaque than the street level. Upper story
windows should have a vertical emphasis.
Highly reflective or darkly tinted glass is inappropriate.
Express the traditional distinction in floor heights between street levels and upper levels
through detailing, materials and fenestration.The presence of a belt course is an important
feature in this relationship.
Roofscape: The applicant proposes to group and to screen mechanical equipment. The
mechanical screens are proposed to match the third floor material. Landscaping on the roof
decks will be limited to planter boxes. Staff finds that Guideline 6.58 is met.
4
P41
6.58 The roofscape should be designed with the same design attention as the
secondary elevations of the building.
• Group and screen mechanical units from view.
• Locate mechanical equipment to the rear of the roof area.
• Position, articulate and design rooftop enclosures or structures to reflect the
modulation and character of the building.
• Use materials which complement the design of the building facades
• Design roof garden areas to be unobtrusive from the street.
• Use'green roof design best practice,where feasible.
The HPC may:
• approve the application,
• approve the application with conditions,
• disapprove the application, or
• continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
RECOMMENDATION: Staff recommends that HPC grant Final Commercial Design Review
and Final Major Development Review for the project located at 534 E. Cooper Street with the
following conditions:
1. Staff and Monitor to review and approve samples of the materials including the finish
of the metal panels and the sandstone color. The metal is not permitted to be shiny.
2. The extension of the vertical metal seams above the roofline is not permitted.
3. The development approvals granted herein shall constitute a site-specific development
plan vested for a period of three (3) years fiom 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
5
P42
(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: 534 East
Cooper Avenue, Easterly 2 1/2 feet of Lot Q, and all of Lots R and S, Block 95,
City and Townsite of 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.
Exhibits:
A. Relevant Commercial, Lodging and Historic District Design Guidelines and Objectives.
B. Application.
6
P43
Exhibit A-
Note: not all design guidelines below are relevant to the Boogie's remodel due to the
scope of the project.
COMMERCIAL, LODGING AND HISTORIC DISTRICT DESIGN OBJECTIVES AND
GUIDELINES, COMMERCIAL CORE HISTORIC DISTRICT- FINAL REVIEW
(Replaces Chapter 13 of the Historic Preservation Design Guidelines)
635 Anew building shall reflect the traditional lot width (30 ft.) as expressed by two or
more of the following:
❑ Variation in height at internal lot lines
❑ Variation in the plane of the front facade
❑ Street fagade composition
❑ Variation in architectural detailing and materials to emphasize the
building module
6.36 The detailed design of the building facade should reflect the traditional scale and
rhythm of the block. This should be achieved using all of the following:
• The fenestration grouping
• The modeling of the fagade
• The design framework for the first floor storefront
• Variation in architectural detail and/or the palette of fagade materials
6.37 Divide a larger building into "modules" that are similar in width to buildings
seen historically.
❑ Where a building is planned to exceed one lot width, use a change in design
features to suggest the traditional building widths. Changes in facade material,
window design, fagade height or decorative details.are examples of techniques that
should be used. These variations should be expressed throughout the depth of the
structure, including its roof,such that the composition appears to be a collection of
smaller buildings.
6.38 Buildings should be designed to reflect the architectural hierarchy and
articulation inherent in the composition of the street fagade. All of the following
should be addressed:
❑ The design and definition of the traditionally tall first floor
❑ The proportions of the upper level fenestration pattern
❑ The completion of the sheer street fagade(s) with capping cornice or other horizontal
modeling
6.39 A building should reflect the three dimensional characteristics of the
street fagade in the strength and depth of modeling, fenestration and architectural
detail.
P44
6.40 Maintain the repetition of similar shapes and details along the block.
❑ Upper story windows should-have a vertical emphasis. In general, they should be
twice as tall as they are wide.
❑ Headers and sills of windows on new buildings should maintain the traditional
placement relative to cornices and belt courses.
6.41 Maintain the pattern created by recessed entry ways that are repeated along a
block.
❑ Set the door back from the front facade approximately 4 feet. This is an
adequate amount to establish a distinct threshold for pedestrians.
❑ Where entries are recessed, the building line at the sidewalk edge should be
maintained by the upper floor(s).
❑ Use transoms over doorways to maintain the full vertical height of the
storefront.
6.42 The . general alignment of horizontal features on building fronts
should be maintained.
❑ Typical elements that align include window moldings, tops of display windows,
cornices, copings and parapets at the tops of buildings.
❑ When large buildings are designed to appear as several buildings, there should be
some slight variation in alignments between the fagade elements.
6.43 Any new building shall be designed to maintain a minimum of 9 feet from floor
to ceiling on all floors.
6.44 Maintain the distinction between the street level and upper floors.
❑ No upper floor shall be taller than the first floor.
❑ Floor-to-floor heights should appear to be similar to those seen historically. In
particular,the windows in new construction should appear similar in height to those
seen traditionally.
❑ The first floor of the primary facade should be predominantly transparent glass.
❑ Upper floors should be perceived as being more opaque than the street level.
Upper story windows should have a vertical emphasis.
❑ Highly reflective or darkly tinted glass is inappropriate.
❑ Express the traditional distinction in floor heights between street levels and
upper levels through detailing, materials and fenestration. The presence of a belt
course is an important feature in this relationship.
6.45 A new building should be designed to maintain the stature of traditional
street level retail frontage.
❑ This should be 13-15 ft.in floor to floor height on the first floor.
❑ The minimum required first floor height must be maintained for at least the
first 50 foot depth of the lot, and may only be dropped to a lower height beyond
P45
that point for areas that are devoted to storage, circulation, offices, restaurant
kitchens,alley commercial spaces, or similar secondary uses.
6.46 Minimize the appearance of a tall third floor.
❑ Where a third floor height is in excess of 12 ft., it should be set back a minimum of 15
ft. from the street fagade to reduce the apparent height.
❑ Increase the parapet height to screen the visual impact of a tall top floor.
❑ The design of a set back third floor shall be simpler in form, more subdued in
modeling, detail and color than the primary fagade.
6.47 The first floor fagade and retail frontage should be designed to concentrate
interest at the street level, using the highest quality of design, detailing and materials.
❑ The framework for the first floor of the fagade, as identified in architectural
tradition as characteristic first floor design.
❑ An entryway, door and transom light designed to use the full storefront height.
❑ A distinct change in the palette of materials used for the first floor design framework.
❑ The depth and strength of the modeling of elements and details.
6.48 The retail entrance should be at the sidewalk level.
• All entrances shall be ADA compliant.
• On sloping sites the retail frontage should be designed to maintain as close to a
level entrance as possible.
6.49 Incorporate an airlock entry into the plan for all new structures.
• An airlock entry that projects forward of the primary fagade at the sidewalk edge is
inappropriate.
• Adding temporary entries during the winter season detracts from the character of the
historic district..
• Using a temporary vinyl or fabric "airlock" to provide protection from winter
weather is not permitted.
6.50 Window area along the first floor shall be a minimum of 60% of exterior street
facade area when facing principal street(s).
6.51 A building shall be designed to maintain or create the character and
transparency of the traditional street level retail frontage. This shall be achieved
using more than one of the following:
❑ A traditional recessed retail entrance
❑ Retail display cases
❑ Appropriately designed signage and lighting
6.52 Design of the first floor storefront should include particular attention to the
following:
❑ The basic elements and proportions of storefront design
❑ Depth and strength of modeling
P46
• The palette of materials and finishes used in both the structural framework and
the storefront window
• The concentration of architectural detail to ensure a rich visual experience
• The careful and complementary use of signage and lettering to enhance the
retail and downtown character
• The careful use of lighting to accentuate visual presence.
6.53 Side and rear building fagades should be designed and articulated to reduce the
apparent scale of the building and create visual interest.
6.54 Side and rear facades providing retail frontage shall include a distinct
definition of the first floor, fenestration, design articulation, and/or display cases.
6.55 Retail frontage facing onto side courts or rear alleys should follow similar
design principles to street frontage, adjusted for the scale of the space.
6.56 Special features that highlight buildings on corner lots may be considered.
• Develop both street elevations to provide visual interest to pedestrians.
• Corner entrances, bay windows and towers are examples of elements that may be
considered to emphasize corner locations.
❑ Storefront windows, display cases and other elements that provide visual
interest to fagades along side streets are also appropriate.
6.57 A larger building should reflect the traditional lot width in the form and
variation of its roof in order to maintain the scale of the area. This should be
achieved through the following:
❑ A set back of the top floor from the front facade
❑ Reflect the traditional lot width in the roof plane
6.58 The roofscape should be designed with the same design attention as the
secondary elevations of the building.
❑ Group and screen mechanical units from view.
• Locate mechanical equipment to the rear of the roof area.
• Position, articulate and design rooftop enclosures or structures to reflect the
modulation and character of the building.
• Use materials which complement the design of the building fagades
• Design roof garden areas to be unobtrusive from the street.
• Use'green roof' design best practice,where feasible.
6.59 High quality,durable materials should be employed.
❑ The palette of materials proposed for all development should be specified and
approved as part of the general and detailed development approvals process, including
samples of materials as required.
6.60 Building materials should have these features:
❑ Convey the quality and range of materials seen historically
P47
❑ Reduce the scale and enhance visual interest
❑ Convey human scale
❑ Have proven durability and weathering characteristics within this climate
6.61 The palette of materials used for new buildings within the core should reflect
the predominantly masonry (brickwork and natural stonework) palette of this
area.
6.62 A building or additions to a building should reflect the quality and the
variation traditionally found in these materials within the central commercial core.
6.63 Where contemporary materials are used they shall be:
❑ High quality in durability and finish
❑ Detailed to convey a human scale
❑ Compatible with a traditional masonry palette
6.64 Materials used for third floor accommodation set back from the street fagades(s)
should be more subdued than the primary fagades.
6.65 Paving and landscaping should be designed to complement and enhance the
immediate setting of the building and area.
P48
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MAJOR DEVELOPMENT (FINAL)AND FINAL COMMERCIAL DESIGN
REVIEW APPROVAL FOR THE PROPERTY LOCATED AT 534 EAST COOPER
STREET, LOTS R, S AND THE EASTERLY 2 1/2 FEET OF LOT Q,BLOCK 95, CITY
AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
RESOLUTION#_, SERIES OF 2014
PARCEL ID: 2737-182-24-008
WHEREAS, the applicant, Boogie's Building of Aspen, LLC, represented by Kim Weil of Poss
Architecture+ Planning, has requested HPC Major Development (Final) and Commercial Design
Review (Final) approval for the property located at 534 Cooper Street, Lots R and S, and the
Easterly 2 1/2 feet of Lot Q, Block 95, City and Townsite of Aspen, Colorado; and
WHEREAS,the subject property is located within the Commercial Core Historic District; and
WHEREAS, Section 26.415.070, Development involving designated historic property, 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, Final Major Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.b.2
and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain additional information
necessary to make a decision to approve or deny; and
WHEREAS, for Final Commercial Design Review,the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Commercial, Lodging and Historic District Design Objectives and
Guidelines per Section 26.412.040.A.5, Commercial Design Standards Review Procedure, 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, Sara Adams, in her staff report to HPC dated March 12, 2014 performed an
analysis of the application based on the standards, found that the review standards had been met
with conditions, and recommended approval with conditions; and
WHEREAS, at their regular meeting on March 12, 2014, the Historic Preservation Commission
considered the application during a duly noticed public hearing, the staff memo and public
534 East Cooper Avenue
HPC Resolution# Series of 2014
Page 1 of 3
P49
comments, and found the proposal consistent with the review standards and recommended
approval with conditions by a vote of
NOW,THEREFORE, BE IT RESOLVED:
That HPC hereby grants HPC Major Development (Final), Final Commercial Design Standard
Review, for the property located at 534 East Cooper Avenue, Lots R, S and the Easterly 2 1/2
feet of Lot Q, Block 95, City and Townsite of Aspen, Colorado, with the following conditions:
1. Staff and Monitor to review and approve samples of the materials including the finish of
the metal panels and the sandstone color. The metal is not permitted to be shiny.
2. The extension of the vertical metal seams above the roofline is not permitted.
3. 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: 534 Cooper Street, Lots
R and S, and the Easterly 2 1/2 feet of Lot Q, Block 95, City and Townsite of 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
534 East Cooper Avenue
HPC Resolution# , Series of 2014
Page 2 of 3
P50
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.
Jay Maytin, Chair
Approved as to Form:
Debbie Quinn,Assistant City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Clerk
Exhibit A: approved plans and elevations
534 East Cooper Avenue
HPC Resolution#_, Series of 2014
Page 3 of 3
ev
AFFIDAVIT OF PUBLIC NOTICE E73
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
RESS OF PROPERTY:
Q 1215 � UW44,spen, CO
SCHEDULED PUBLIC HEARING DATE:
201 L4
STATE OF COLORADO )
ss.
County of Pitkin )
I,? kcx rnV6 a I`l ;A-I 1 )0 (name,please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six ti
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen(15) days prior to the public hearing
on the_ day of , 20_, to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to,
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
4
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection,in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
Si tore
Th e foregoing"Affidavit of Notice"was acknowledged before me this day
of �e Loa , 204,by
PUBLIC HOncE WITNESS MY HAND AND OFFICIAL SEAL FINAL R
MAJO RE. 534 E.COOPER DEVELOPMENT,,FINAL COMMERCIAL DESIGN
REVIEW
NOTICE IS HEREBY GIVEN that a public hearing 7 {y C fission expires: -�1 2cD i C
will be held on Wednesday,March 12,2014,at a 1V1
meeting to begin at 5:00 P., before the Aspen ,
Historic Preservation Commission,Council?con- '
bars,City Hall,130 S.Galena St.,Aspen,
sider an application submitted by Boogie's Building
of Aspen,LLC,534 E.Cooper Avenue,Aspen,CO [�
81611 represented by Vann Associates and Poss N tart'Public ��'� �••°°�/
Architecture and Planning. The application affects a°♦�^^
the property currently occupied by Boogie's Res-
u° ° l•
taurant,located at 534 E.Cooper Street,Lots R,S
and the easterly 2 1/2 feet of Lot Q,Block 95
and Townsite of Aspen, CO, Parcel
IDk2737-182-24-008. The applicant proposes
�.
construct a third floor atop the existing structure.
Some minor exterior changes to the existing build- 4.
ing are proposed. The project has Growth Man- - -..
calved conceptual design approvals,. rove!.For CENTS AS APPLICABLE• :.. •-
agement allotments and Subdivision app
further information,contact Sara Adams at the City
of Aspen Community Development Department, ,
C 130 S.Galena St.,Aspen,CO,(970)429-2778,sa- ON
ra.adams @ci.aspen.co.us. gag Maytin My Conin�i,or, Expires 03129!2014
�7 9STED NOTICE (SIGN)
� r Chair,Aspen Historic Preservation Commisswn - '
e L Published in the Aspen Times Weekly on February D GOVERNMENTAL AGENCIES NOTICED
20 2014. [9954M
BT PA1 ]
APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin 1 , )
1, r�� � V�/ � (name,please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
PO Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the day of 20 ' ,'to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested,to affected mineral estate owners by at least thirty(30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
Rezoning r text amendment. Whenever the official zoning g o ng district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen 15) days prior to the public hearing
on such amendments.
ignature
The foregoing"Affidavit of Notice"was kno ed before me this day
Of Jil��,�C�^ , 20j�J_, by Kw, We,, (
WITNESS MY HAND AND OFFICIAL SEAL
CHERYL RUPPEL
Notary Public My commission expires: �e— t r 2-01"�'r
State of Colorado
Notary 10 20134078731
M Commission Ex iras Dec 19,2017
Not ubli"
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICA TION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
• APPLICANT CERTIFICATION OFMINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. X24-65.5-103.3
1
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
SCHEDULED PUBLLIICC HEARING DATE:
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ��� �� �� (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15)days prior to the public hearing
on the day of 520 , to and including the date and time
of he public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested,to affected mineral estate owners by at least thirty (30)days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days Drior to the public hearing
on such amendments.
Signfiure
The foregoing"Affidavit of Notic e"was acknowledg before me this I-J7day
of QtiePn , 20 (4, by
_ WITNESS MY HAND AND OFFICIAL SEAL
KAREN PATTERSON
NOTARY PUBLIC My commission expires:
STATE OF COLORADO
NOTARY ID#19964002767 —� 2
My Commission Expires February 15,2016
Notary Public
ATTACHMENTS AS APPLICABLE:
• COPYOFTHEPUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
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450 SOUTH GALENA ST INVESTORS LLC 514 AH LLC 520 EAST COOPER PTNRS LLC
450 S GALENA ST#202 514 E HYMAN AVE 402 MIDLAND PARK
ASPEN, CO 81611 ASPEN,CO 81611 ASPEN,CO 81611
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C/O CHARLES LES CU CUNNIFFE 418 E COOPER AVE#207 181 SOUTH AVE
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4761 W BAY BLVD#1704 520 E DURANT ST#207 1021 23RD ST
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418 E COOPER AVE#207 51027 HWY 6&24#100 3551 ST GAUDENS RD
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6536 E GAINSBOROUGH 1407 YONGE ST#200 1216 TIMBERLAND DR
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602 E COOPER#202 601 E HYMAN AVE 350 BLANCA AVE
ASPEN,CO 81611 ASPEN,CO 81611 TAMPA,FL 33606
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LA JOLLA,CA 92038 PO BOX 2045 FORT WORTH,TX 76102
RANCHO SANTE FE,CA 92067 "
BARGE RENE TRUST BATTLE GERALD LIVING TRUST BECKER ERNEST&KATHLEEN TRUST
408 31ST ST HIXON BURT LIVING TRUST 8090 S DURANGO DR#115
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BEVERLY HILLS,CA 90210 TUCSON,AZ 85716-5843 WOODHOUSE EAVES
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BONCZEK ROBERT R BORGIOTTI CLAUDIO BPOE ASPEN LODGE#224
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CHAPEL HILL, NC 275152896 VIENNA,VA 22192 ASPEN,CO 81611
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4510 NE DELAMAR PL 134 TEWKESBURY RD 617 E COOPER AVE#405
LEES SUMMIT, MO 64064 SCARSDALE, NY 10583 ASPEN,CO 81611
CAVES KAREN W CHATEAU ASPEN CONDO ASSOC CHATEAU ASPEN UNIT 21-A LLC
1 BARRENGER CT 630 E COOPER AVE 421 ASPEN AIRPORT BUSINESS CTR
NEWPORT BEACH, CA 92660 ASPEN, CO 81611 STE G
ASPEN,CO 816113551
CHERAMIE ALAN A 1/22 INT CHERAMIE CAPITAL HOLDINGS LLC CHISHOLM REVOCABLE TRUST
139 CHERAMIE LN 21/22 3725 N GRANDVIEW DR
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CLIFFORD MRS MARGARET JOAN CMMM INVESTMENTS LLC COASTAL MOUNTAIN INVESTMENTS
146 WILD TIGER RD 4937 HEARST ST#B LLC
BOULDER,CO 80302 METAIRIE, LA 70001 2519 N MCMULLEN BOOTH RD#510-307
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COASTAL MTN PROPERTIES LLC COOPER STREET COMPANY COOPER STREET DEVELOPMENT LLC
2639 MC CORMICK DR 601 E HYMAN AVE C/O PYRAMID PROPERTY ADVISORS
CLEARWATER, FL 33759 ASPEN,CO 81611 418 E COOPER AVE#207
ASPEN,CO 81611
CORNELISSEN TOM COX JAMES E LIVING TRUST CRAFT LESTER R JR
4753 N SHORE DR 3284 SURMONT DR PO BOX 127
MOUND, MN 55364-9607 LAFAYETTE,CA 94549 BASALT,CO 81621
DALY CAROL Y REV TRUST DCGB LLC DEXTER ASPEN LLC
617 E COOPER ATT GIORGIO RIGHETTI CFO 1417 W 10TH ST
ASPEN,CO 81611 610 WEST 52 ST AUSTIN,TX 78703
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DIBRELL CHARLES G JR&FRANCES DURANT AH LLC EB BUILDING ASPEN LLC
24 ADLER CIR PO BOX 4068 1601 ELM ST#4000
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4802 E 2ND ST#2 2101 WAUKEGAN RD#210 PO BOX 4316
LONG BEACH,CA 90803 BANNOCKBURN, IL 60015 ASPEN,CO 81612
ESPOSITO VINCENT A&JANET M EXELCEDAR INC 20% FEHR EDITH B REVOCABLE TRUST
TRUSTEES 534 E HYMAN AVE 543 FOX RUN DR
6276 VIA CANADA ASPEN, CO 81611 CARBONDALE,CO 81623-8502
RANCHO PALOS VERDES, CA 90275
FERRY JAMES H 111 FITZGERALD FAMILY PARTNERSHIP LTD FLY MARIE N
BOX 166 C/O PITKIN COUNTY DRY GOODS LLC 7447 PEBBLE POINTE
GLENCOE, IL 600220166 520 E COOPER W BLOOMFIELD, M1 48322
ASPEN,CO 81611
FORD ANN MICHIE FRANZ NORBERT ALEXANDER FURNGULF LLP
216 WAPITI WAY KAISERHOFSTR 15 616 E HYMAN AVE
BASALT,CO 81621 FRANKFURT 60313 GERMANY, ASPEN,CO 81611
GABERMAN RICHARD M TRUSTEE GALENA COOPER LLC GELD LLC
380 UNION ST#300 601 E HYMAN C/O LOWELL MEYER
WEST SPRINGFIELD,MA 01089 ASPEN, CO 81611 PO BOX 1247
ASPEN,CO 81612-1247
GERARDOT J REVOCABLE TRUST GILBERT GARY GLUCK SANFORD&CAROLE E ASP
5526 HOPKINTON DR 1556 ROYAL BLVD TRST
FORT WAYNE, IN 46804 GLENDALE,CA 91207 176E 71ST ST
NEW YORK, NY 10021
GOFEN ETHEL CARO TRUSTEE GOLDEN PANTHERS LLC GONE WEST LLC
455 CITY FRONT PLAZA 78365 HWY 111 #415 401 W CENTER
CHICAGO, IL 60611 LA QUINTA,CA 92253 SEARCY,AR 721451406
GOODING SEAN A GORDON LEONARD&ELLEN GUIDOS SWISS INN LLC
620 E HYMAN AVE#1 E 12204 GALESVILLE DR 23655 TWO RIVERS RD
ASPEN, CO 81611 GAITHERSBURG, MD 20878 BASALT,CO 81621
GUILBEAU CAPITAL HOLDINGS LLC HAMMER DRU RESIDENTIAL TRUST HAROLD GRINSPOON CHILD FAM TRST
151 CHERAMIE LN 2828 HOOD ST#1602 380 UNION ST#300
GOLDEN MEADOW,LA 70357 DALLAS,TX 75219 WEST SPRINGFIELD,MA 01089
HEMP SUZANNE LIV TRUST HENDRICKS SIDNEY J HOPPES DIANA
15470 POMONA RD YOLANDE EVERHARD 5400 VERNON AVE#106
BROOKFIELD,WI 53005 6614 LAKE VILLE RD EDNA,MN 55436
PETALUMA, CA 949549256
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HUNKE CARLTON J LVG TRST HUNTER PLAZA ASSOCIATES LLP HURWIN DUFFY&RON REV TRUST
4410 TIMBERLINE DR SW 602 E COOPER#202 558 TENAYA DR
FARGO,ND 58103 ASPEN,CO 81611 TIBURON,CA 94920
INDEPENDENCE PARTNERS INDEPENDENCE SQUARE UNITS LLC INDY UNIT 312 LLC
602 E COOPER AVE#202 400 E MAIN ST#2 PO BOX 11627
ASPEN, CO 81611 ASPEN,CO 81611 ASPEN,CO 81612
JALILI MARGARET A JENNE LLP JONA HOLDINGS INC
55 BAYBROOK LN 1510 WINDSOR RD PO BOX 163#4400
OAK BROOK,IL 60523 AUSTIN,TX 77402 TORONTO ONTARIO CANADA M5K1H6,
JONA HOLDINGS INC JOYCE EDWARD K&W PROPERTIES INC
TORONTO DOMINION CENTRE TD BANK 1310 RITCHIE CT 728 W CANAL ST
TOWER CHICAGO, IL 60610 NEW SMYRNA BEACH, FL 32168
66 WELLINGTON ST W#4400 PO BOX
163
TORONTO ONTARIO M5K 1H6,
K L 77 CO INVESTMENTS LP KEENE KAREN M KOEPPEL KEVIN F
3903 BELLAIRE BLVD 1700 BASSETT ST#503 4150 PARK AVE
HOUSTON,TX 77025 DENVER,CO 80202 MIAMI, FL 33133
KRAJIAN RON KUTINSKY BRIAN LANDL FAMILY TRUST
617 E COOPER AVE#114 26480 NORMANDY RD 6 W RIDGE AVE
ASPEN,CO 81611 FRANKLIN,MI 480251034 PROSPECT HEIGHTS, IL 60070
LCT LP LEFFERS JEFFREY J TRUSTEE LYSTER BARBARA
TENNESSEE LIMITED PARTNERSHIP 5526 HOPKINTON DR 37 OCEAN HTS DR
PO BOX 101444 FORT WAYNE, IN 46804 NEWPORT COAST,CA 92657
NASHVILLE,TN 37224-1444
MAIERSPERGER RENELL MARCUS DURANT GALENA LLC MAVROVIC ERNA
404 S GALENA C/O STEPHEN J MARCUS 530 E 72ND ST APT 15-C
ASPEN,CO 81611 PO BOX 1709 NEW YORK, NY 10021
ASPEN, CO 81612
MAYFAIR INVESTMENTS LLC MCMURRAY WILLIAM&HELEN MCQUOWN ENTERPRISES LP
PO BOX 268 29 MIDDLE HEAD RD 19330 CARRIGER RD
RICHMOND VICTORIA 3121 MOSMAN NSW 2088 SONOMA,CA 95476
AUSTRALIA, AUSTRALIA,
MJM AMENDED&RESTATED TRUST MJM HOLDINGS II LLC MOEN DONNE&ELIZABETH FAM TRUST
1776 SOUTH LN 1701 GOLF RD 8 CABALLEROS RD
NORTHBROOK, IL 60062 TOWER 3 STE 203 ROLLING HILLS, CA 90274
ROLLING MEADOWS, IL 60008
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MORRIS ROBERT P N S N ASSOCIATES INC NEUMANN MICHAEL
600 E HOPKINS AVE STE 304 11051 W ADDISON ST 7381 MOHASNIC DR
ASPEN,CO 81611 FRANKLIN PARK, IL 60131 BLOOMFIELD HILLS,MI 48301
NEUMAYER CHARLES&DEBORAH NIELSON COL STEVE&CAROL D NJ STEIN LLC 52.98%
900 BRIDLEGATE LN 501 S FAIRFAX 418 E COOPER AVE#207
NORTHFIELD, IL 60093 ALEXANDRIA,VA 22314 ASPEN,CO 81611
OLITSKY TAMAR&STEPHEN P&L PROPERTIES LLC PEARSON REBECCA J
PO BOX 514 101 S 3RD ST#360 1610 JOHNSON DR
GWYNEDD VALLEY,PA 19437 GRAND JUNCTION,CO 81501 STILLWATER, MN 55082
PETERSON CHRISPY&JAMES E PITKIN CENTER CONDO OWNERS PITKIN COUNTY BANK 80%
867 HAVEN CREST CT NORTH ASSOC 534 E HYMAN AVE
GRAND JUNCTION,CO 81506 517 W NORTH ST ASPEN,CO 81611
ASPEN,CO 81611
PLATINUM GLOBAL VENTURES LLC PORTE BROOKE R&R INVESTMENTS
344 PROSPECT ST#D 3520 PADDOCK RD 15238 OAK VALLEY RD
LA JOLLA,CA 92037 WESTON, FL 33331 RAMONA,CA 92065
RAHLEK LTD AT BANK OF AMERICA RANKMORE KEVIN L&JASMINE RED FLOWER PROP CO PTNSHP
3903 BELLAIRE BLVD PO BOX 168 575 MADISON AVE#1006
HOUSTON,TX 77025 WELLINGTON NSW 2820 AUSTRALIA, NEW YORK, NY 100222511
REICH DANIEL S TRUST 20% REICH MELVIN L TRUST 80% REVOLUTION PARTNERS LLC
6 RINCON ST 4609 SEASHORE DR PO BOX 1247
IRVINE,CA 92702 NEWPORT BEACH,CA 92663 ASPEN,CO 81612
RG COOPER ST 4.83% RIEDEL JOYCE L TRUST ROGENESS FAMILY TRUST
C/O RONALD GARFIELD PO BOX 3006 3046 COLONY DR
601 E HYMAN AVE EDWARDS,CO 81632-3006 SAN ANTONIO,TX 78230
ASPEN,CO 81611
RONCHETTO LYNN A ROSS BARBARA REVOCABLE TRUST ROSS JOHN F
320 E 42ND ST#101 PO BOX 594 190 CARONDELET PLAZA#600
NEW YORK,NY 10017 HANALEI,HI 96714 SAINT LOUIS, MO 63105
ROSS JOHN F ROSS ROGER A REVOCABLE TRUST RUBENSTEIN ALAN B&CAROL S
7600 CLAYTON RD 4720 WAILAPA RD 57 OLDFIELD DR
ST LOUIS,MO 63117 KILAUEA, HI 96754 SHERBORN,MA 01770
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RUBY RICHARD L TRUST RUTLEDGE REYNIE S&S REALTY PARTNERS LLC
30150 TELEGRAPH RD STE 300 51 COUNTRY CLUB CIR 1040 FIFTH AVE#2C
BINGHAM FARMS, MI 48025 SEARCY,AR 72143 NEW YORK, NY 10028
SANDIFER C W JR TRUST 50% SCHEUERMAN JOANNE E SCHNITZER KENNETH L&LISA L
240 LINDEN DR 200 LOCUST ST#23A 2100 MCKINNEY AVE#1760
BOULDER,CO 80304 PHILADELPHIA, PA 19106 DALLAS,TX 75201
SCHROEDER FAMILY TRUST SCHULTZE DANIEL G SEELIG-BROWN BARBARA
4 GREENWOOD CT 404 S GALENA ST#210 18 HARVEST LN
ORINDA, CA 94563 ASPEN, CO 81611 LONG VALLEY, NJ 07853
SEGUIN JEFF W&MADALYN B TRUST SEGUIN MARY E TRUST SEVEN CONTINENTS LLC
617 E COOPER#412 2404 LORING ST#155 601 E HYMAN AVE
ASPEN,CO 81611 SAN DIEGO, CA 92109 ASPEN,CO 81611
SHUMATE ASPEN LLC SILVER DIP EQUITY VENTURE LLC SJA ASSOCIATES LLC
421 AABC#G 2100 MCKINNEY STE 1760 418 E COOPER AVE#207
ASPEN, CO 81611 DALLAS,TX 75201 ASPEN,CO 81611
SODERLING RONALD E TRUSTEE SOPRIS VENTURES LLC STEIN BUILDING LLC 23.11%
901 DOVE ST STE 270 18818 TELLER AVE#130 601 E HYMAN AVE
NEWPORT BEACH,CA 92660-3038 IRVINE,CA 92612 ASPEN,CO 81611
STEPHENS ROSS DAVID STERLING TRUST COMP STUDENT ISAAC&NECHAMA 1/2 INT
1337 B DANIELSON RD 2091 MANDEVILLE CYN RD PO BOX 457
SANTA BARBARA,CA 93108 LOS ANGELES,CA 90049 ASPEN,CO 81612
SWENERG JAMES&SANDRA L TENNESSEE THREE TENNESSEE THREE RENTALS
2660 ROCK REST RD PO BOX 101444 C/O J H COBLE
PITTSBORO,NC 27312 NASHVILLE,TN 37224-1444 5033 OLD HICKORY BLVD
NASHVILLE,TN 37218-4020
TERMINELLO DENNIS J&KERRY L TOMKINS FAMILY TRUST TREUER CHRISTIN L
656 RIDGEWAY 520 E COOPER AVE#209 5455 LANDMARKL PL#814
WHITE PLAINS, NY 10605-4323 ASPEN,CO 81611 GREENWOOD VILLAGE,CO 801111955
UNCAPHER BILL V M W TRUST OF 1991 VARADY LOTHAR&CHERYL TRUST
PO BOX 2127 301 N LAKE AVE STE 900 5036 MAUNALANI CIR
LA JOLLA,CA 92038 PASADENA,CA 91101 HONOLULU, HI 96816
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VAUSE FAMILY TRUST VICTORIAN SQUARE LLC WALLEN-OSTERAA REV LIVING TRUST
3020 PLAZA DE MONTE 418 E COOPER AVE#207 36 OCEAN VISTA
LAS VEGAS, NV 89102 ASPEN,CO 81611 NEWPORT BEACH,CA 92660
WALLING REBECCA WARNKEN MARK G WAVO PROPERTIES LP
350 BLANCA AVE PO BOX 556 512 1/2 E GRAND AVE#200
TAMPA, FL 33606 STILLWATER, MN 550820556 DES MOINES, IA 50309-1942
WEIDEL LAWRENCE W WEIGAND BROTHERS LLC WELLS RICHARD A&SUSAN T TRUST
PO BOX 1007 150 N MARKET 100 N TRYON ST 47TH FLR
MONROE,GA 30655 WICHITA, KS 67202 CHARLOTTE, NC 28202
WELLS RICHARD AARON WELSCH SUSAN FLEET TRUST WEST ULLA CHRISTINA
220 W HALLAM ST 101 N SPRING ST#201 3042 TOLKIEN LN
ASPEN,CO 81611 ASPEN,CO 81611 LAKE OSWEGO, OR 97034
WF SWEARINGEN LLC WHITMAN FRAN 1/2 INT WINE RICHARD A TRUST
450 CONWAY MANOR DR NW PO BOX 643 2233 MYRTLE POINT WAY
ATLANTA,GA 30327 WESTON,MA 02193 HENDERSON,NV 89052-7153
WISE JOSEPH WOLF LAWRENCE G TRUSTEE WOODS FRANK J III
1320 HODGES ST 22750 WOODWARD AVE#204 51027 HWY 6&24 STE 100
RALEIGH, NC 27604-1414 FERNDALE, MI 48220 GLENWOOD SPRINGS,CO 81601
WRIGHT CHRISTOPHER N YERAMIAN CHARLES REV TRUST
13 BRAMLEY RD PO BOX 12347
LONDON W10 6SP UK, ASPEN,CO 81612
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10.ABOVE GRADE �> we
6.ALL GENERAL EXHAUST,INCLUDING BATHROOM EXHAUST,IS ASSUMED TO TERMINATE AT BUILDING
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Metal Wall Panels with Harz.
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Horizontal Metal Wall Louvers
Metal Window and Door System Metal Window and Door System
New Glass Railing New Sandstone Panel Veneer Wall
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Vertical Metal wall Louver
Glass Skylight Canopy Roof Beyond
Existing Building Beyond New Metal Canopy
Glass Railing
New Metal Folding Metal Awning
New Brick Wall and
Sandstone Cap to Match Existing
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