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AGENDA
ASPEN PLANNING & ZONING COMMISSION
January 4, 2022
4:30 PM, WebEx Virtual Meeting (See agenda packet for
instructions to join the meeting)
NOTICE! PACKET REPUBLISHED ON 12/30/2021 AT 2:14 PM TO INCLUDE EXHIBIT A
AND AT 4:45 PM TO INCLUDE THE CORRECT DRAFT MINUTES FOR THE 12/07/2021
MEETING.
I.WEBEX MEETING INSTRUCTIONS
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II.ROLL CALL
III.COMMENTS
IV.MINUTES
IV.A.Draft Meeting Minutes for December 7, 2021
minutes.apz.20211207.pdf
V.DECLARATION OF CONFLICT OF INTEREST
VI.PUBLIC HEARINGS
VI.A.420 E Hyman Ave, Variance for Reduction of Second Tier Commercial Space,
Resolution #1, Series 2022
Memo_420 E Hyman_Second Tier Variance.pdf
Exhibit A- 420 E Hyman Ave_Variance Review Criteria.pdf
Exhibit B_Denial P&Z Resolution 420 E Hyman_Second Tier Variance.pdf
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Exhibit B_Approval P&Z Resolution 420 E Hyman_Second Tier Variance.pdf
Exhibit C_Application.420 E Hyman.20211029.pdf
Exhibit D_Letter to City of Aspen
VII.OTHER BUSINESS
VII.A.Election of Chair and Vice-Chair for 2022
VIII.ADJOURN
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
1) Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legal notice (affidavit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clarifications of applicant
7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal/clarification of evidence presented by applicant and public comment
11) Applicant rebuttal/clarification
End of fact finding.
Deliberation by the commission commences.
No further interaction between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met or not met
Revised January 9, 2021
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Minutes Aspen Planning and Zoning Commission December 7, 2021
Page 1 of 3
Chairperson McKnight called the regular Planning and Zoning (P&Z) meeting for December 7th, 2021 to
order at 4:30 PM.
Commissioners in attendance: Ruth Carver, Sam Rose, Brittanie Rockhill, Scott Marcoux, and Spencer
McKnight.
Commissioners not in attendance: Teraissa McGovern
Staff in Attendance:
Amy Simon, Planning Director
Michelle Bonfils-Thibeault, Planner
Kate Johnson, Assistant City Attorney
Cindy Klob, Records Manager
COMMISSIONER COMMENTS
None
STAFF COMMENTS
None
PUBLIC COMMENTS
None
APPROVAL OF MINUTES
Ms. Carver motioned to approve the minutes for November 16, 2021 and the motion was seconded by
Mr. Rose. Mr. McKnight asked for a roll call: Ms. Carver, yes; Mr. Rose, yes; Ms. Rockhill, yes; Mr.
Marcoux, yes; and Mr. McKnight, yes; for a total of five (5) in favor – zero (0) not in favor. The motion
passed.
DECLARATION OF CONFLICT OF INTEREST
None
PUBLIC HEARINGS
809 S Aspen St – GMQS – Multifamily Replacement Review
Mr. McKnight asked if proper notice had been provided. Ms. Johnson responded the notice was
provided was in compliance. He then opened the hearing and turned the floor over to staff.
Ms. Bonfils-Thibeault stated the application will present first.
Mr. McKnight then turned the floor over to the applicant team.
Ms. Sara Adams, BendonAdams, introduced herself and the applicants, Mrs. Allison and Mr. David
Ratajczak.
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Minutes Aspen Planning and Zoning Commission December 7, 2021
Page 2 of 3
Ms. Adams stated this application is for free-market units located at the Shadow Mountain Townhomes
and described the location of the property as well as the request for a growth management review to
combine the free-market units 17 and 18. Each unit has two bedrooms and are just over
She then provided existing and proposed layouts of the stacked units. She noted the land use code
requires multi-family replacement to be reviewed by the Planning and Zoning Commission when
combining free-market residential units. She continued stating in the Lodge (L) Zone district, a free-
market residential unit can be between 1,500 and 2,000 SQFT by landing one Transferrable
Development Right (TDR), which is proposed for this application. One TDR will cover just over 1,800
SQFT required for this project.
Ms. Adams next discussed the affordable housing credit mitigation the Growth Management Quota
System (GMQS) requirements. She stated affordable housing units are not permitted withing free
market residential in the L Zone district and the applicant is unable to expand the existing building
footprint, so they are requesting off-site mitigation using credits to address the requirement. She stated
it will be roughly 1.16 Full Time Equivalents (FTE) at a Category 4 which will be finalized with the building
permit.
Mrs. Ratajczak stated they have lived in Aspen for several years and she loves living here full time. She is
aware of other townhome units that have been combined. She reviewed their involvement in the
community.
Mr. McKnight asked if there were any questions for the application team. There were none so he turned
the floor over to staff.
Ms. Bonfils-Thibeault reviewed the location, zone district and size of the units. She noted the combined
size of the units will be 1,858 SQFT.
She then discussed the intent and review criteria of the GMQS Review for multi-family replacement. She
stated combining the units is considered demolition and the applicant has chosen the fifty-percent
replacement option as defined in the Municipal Code Section 26.470.100.D.1.b.
Ms. Bonfils-Thibeault stated the property is located in an 8040 Greenline Environmentally Sensitive Area
(ESA) and in the Mountain View Plane. These conditions along with the physical constraints of the site
support not having the affordable housing on the project site. Staff found the Location Requirement
review criterion to be met.
Ms. Bonfils-Thibeault closed stating staff recommends approval of the request.
Mr. McKnight asked if there were any questions for staff. There were none.
Mr. McKnight opened for public comment. There was none so he closed public comment.
Mr. McKnight then opened for commissioner discussion. He finds the criteria met for the commission to
pass it. The other commissioners agreed.
Ms. Johnson noted staff has a couple of amendments to the resolution provided in the agenda packet.
Ms. Bonfils-Thibeault stated the boiler plate text indicating vested rights are for three years was not
included in the draft. She stated it can be or will exist in the Development Order as well. She added it is
always defined in the Development Order.
Ms. Johnson stated the third Where As clause did not identify the correct code chapter and section. Ms.
Bonfils-Thibeault stated this will be corrected to 26.540 in the final version to be signed.
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Minutes Aspen Planning and Zoning Commission December 7, 2021
Page 3 of 3
Ms. Rockhill motioned to approve the Resolution 14, Series 2021 with the two amendments discussed.
The motion was seconded by Mr. Rose. Mr. McKnight asked for a roll call: Ms. Carver, yes; Mr. Rose,
yes; Ms. Rockhill, yes; Mr. Marcoux, yes; and Mr. McKnight, yes; for a total of five (5) in favor – zero (0)
not in favor. The motion passed.
Mr. McKnight then closed the hearing.
OTHER BUSINESS
End of Year Review – Presentation by Staff
Ms. Bonfils-Thibeault reviewed the hearings reviewed by the commission during 2021.
Ms. Carver motioned to adjourn and was seconded by Ms. Rockhill. All in favor and the meeting was
adjourned at 5:03 pm.
Cindy Klob, Records Manager
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Page 1 of 5
MEMORANDUM
TO: City of Aspen Planning and Zoning Commission
FROM: Jeffrey Barnhill, Planner I
THRU: Amy Simon, Planning Director
RE: 420 East Hyman Avenue, Variance for Reduction of Second Tier
Commercial Space, Resolution #__, Series of 2022
MEETING DATE: January 4, 2022
APPLICANT:
Downtown 420 LLC
REPRESENTATIVE:
Sara Adams, BendonAdams
LOCATION:
420 E Hopkins Avenue. Units 101,
201, 202, 203, 301, 302, 303 and 304,
Duvike Condominium, according to the
Condominium Map thereof Recorded
June 4, 1981 in Plat Book 11 at Page
61 and as defined and described in the
Condominium Declaration for Duvike
Condominium Recorded June 4, 1981
in Book 409 at Page 355, County of
Pitkin, State of Colorado.
PID#2737-073-39-801; 2737-073-39-
020 through -027.
CURRENT ZONING AND USE:
420 E Hyman Avenue is located within
the Commercial Core (CC) zone district
and is under construction to develop a
three-story mixed-use building
Lot Size: 3,009 square feet
SUMMARY OF REQUEST:
The Applicant requests a variance to
reduce the Second Tier Commercial
Space requirements on this property.
STAFF RECOMMENDATION:
Staff recommends the Planning and Zoning
Commission find that a hardship necessitating the
requested variance does not exist and deny the
request.
Figure 1: Subject Property Location:
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Page 2 of 5
BACKGROUND:
420 East Hyman Avenue is currently under construction pursuant to a 2014 Development Order.
The project, a three-story mixed-use building with commercial uses, affordable housing, and a
free market unit, entered the land use review process just before code amendments prohibited
new free-market residential units, reduced allowable floor area and dropped height to two stories
in the CC zone district. Historic Preservation Commission Conceptual approval was granted in
2012 (HPC Resolution 17-2012, HPC Resolution 28-2012). The Planning and Zoning
Commission then granted Growth Management approval and forwarded a recommendation of
Subdivision approval to City Council in 2013 (P&Z Resolution 13-2013). City Council granted
Subdivision approval in 2013 (Ordinance 27-2013). Final Design Review was granted by HPC in
2014 (HPC Resolution 16-2014).
The applicant for the approval of this building chose to lay out the building in a manner similar to
the one it replaced, with individual tenant spaces in the basement, on the ground floor, and on
the second floor. Subsequent to the project’s approval, in 2016, the City adopted new
Commercial Design Standards, including defining the concept of “Second Tier” Commercial
space, and requiring projects to be designed much like 420 E. Hyman. City Council was
concerned that businesses serving the needs of the full-time population were at risk of being
displaced as restaurants, retail spaces, and offices able to pay high rents were resulting in a
continuing shift towards exclusivity. The requirement to provide separate net leasable spaces in
basement and upper floor locations, isolated from ground floor prime space was created in hopes
to provide local serving businesses more affordable rent opportunities.
As the project at 420 E. Hyman is nearing completion, the property owner is negotiating with
tenants interested in the commercial spaces. A proposed tenant, Banana Republic, would like to
combine the commercial space on the ground floor with the commercial space in the basement.
While 420 E. Hyman was approved before the Second Tier regulations went into effect, the
basement and on the second floor of the building meet the definition of Second Tier space and
cannot be altered without approval so as to “ensure ‘second tier’ space in commercial zones are
maintained, allows for the redevelopment of commercial properties, maintains a meaningful ratio
of commercial space that serves the day to day needs of residents and visitors, and allows for
creative designs that add variety and interest to the City’s commercial areas.” No remodel of this
building can result in less than 50% of the total planned net leasable space meeting the
qualifications of Second Tier Space without P&Z approval.
According to figures in the current building permit, approximately 2,865 square feet of the net
leasable space under development qualifies as Second Tier, therefore the minimum requirement
to be retained is 1,433 square feet. A Second Tier space which is 180 square feet in size is
located on the second floor of the building and is unaffected by the project, as is a 185 square
foot “rear commercial area” in the northeast corner of the basement that also appears to be
unchanged. Staff’s understanding is that P&Z is asked to eliminate the remaining 1,068 square
feet of required Second Tier space through the granting of a variation. Please note that there are
discrepancies in the Second Tier areas/calculations noted in the application vs. what is identified
in the building permit. If the application is approved, staff recommends that calculations be
clarified, however since the request is to waive, not mitigate for Second Tier area, staff perceives
this as information that can be gathered as a condition of approval.
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Page 3 of 5
REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant requests approval
for a dimensional variance to the Second Tier commercial space requirements for this lot to
accommodate a new business.
The requirements for Second Tier space are located in the Commercial Design Standards. In the
case that an applicant faces a challenge in meeting the requirements they are offered two options,
to seek approval to address the community goal by providing the unmet Second Tier space on
another property, or to request approval to be exempted from meeting the goal, based on a
hardship. The applicant requests the latter.
The proposal is combining the main level
and most of the ground level commercial
space through the construction of a new
internal connection. (Please note that the
application indicates the general area for a
new internal stair to be built. There is no
mention of an elevator connection between
the floors. It will not be allowable by
Building Code to have guests of the store
exit into the common lobby to take an
elevator to the basement. A second
elevator or lift will be required), The result
of the proposal is that the currently planned
2,865 sq. ft. of second tier commercial
space located in the basement and on the
second floor will be reduced to 365 sq. ft.
of second tier commercial space split
between those floors.
To offset any perceived negative impact,
the applicant proposes a voluntary deed
restriction on the combined main and
ground level commercial unit so that its
use is dedicated to “general retail,”
(defined in the Land Use Code as the sale
of consumer goods for normal personal
household use or consumption) rather
than “specialty retail” (defined in the Land
Use Code as luxury, generally non-recurring purchases, such as jewelry, art and fur). Currently,
the space could be used for either purpose.
The reviews to be applied are:
• Second Tier Commercial Space – Reduction of Requirement - Hardship (26.412.080.C.2.)
requires review as a variance, pursuant to Section 26.314, Variances.
Figure 2: Proposed Net Leasable Area. This diagram
provided in the application, lacks some clarity but generally
represents the concept that the dark blue area is the ground
floor retail space to be combined with the bright blue area
directly below it.
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Page 4 of 5
• Variance (Chapter 26.314) to grant a dimensional variance for this site, reducing the amount of
Second Tier Commercial Space required. (Planning and Zoning Commission is the final review
authority).
STAFF COMMENTS:
Staff responses to the Variance review criteria can be found in Exhibit A. The criteria for receiving
a variance are strict. A property owner must demonstrate that reasonable use of the property has
been withheld by the City and can only be achieved by the City providing a variance. In situations
where all, or practically all, reasonable use of a property is made impossible by development
regulations, the City is able to grant a variance to avoid a “regulatory taking”. The property owner
must demonstrate that their rights, as compared with owners of similar properties, have been
deprived. In considering these criteria, the Planning and Zoning Commission must consider unique
conditions inherent to the property which are not the result of the Applicant’s actions and are not
applicable to other parcels, buildings, or structures.
In review of the application, Staff is concerned that the application does not show compliance with
the variance review criteria, specifically criterion 3. Land Use Code Section 26.314.040.A.3
highlights a distinct difference between causing an Applicant “unnecessary hardship” in contrast
to the creation of a “mere inconvenience”. The applicant’s need for net leasable space of a certain
size, and the unavailability of that in any location in Aspen is not a hardship. In addition, approval
of this variation would be permanent, not tied to this applicant and their reputation for sale of
moderately priced clothing. To attempt to ensure this outcome, the applicant has volunteered a
deed restriction limiting the space to “general retail” rather than “specialty retail”, This is another
tool that the City has developed to achieve variety in the affordability of goods available to
purchase in Aspen, but it is not necessarily a good substitute for maintaining the required Second
Tier Space and does not mitigate staff’s position that the applicant has not demonstrated hardship.
Staff finds that the reasonable use of the parcel, building or structure does not include reduction
second tier commercial space to combine units for a tenant that doesn’t have enough net leasable
space. Denial of the requested second tier commercial space variance to accommodate a tenant
will not deny the property’s fundamental development rights or cause an unnecessary hardship,
though denial may result in an inconvenience to the Applicant.
Additionally, Staff is concerned that Land Use Code Section 26.314.040.A.3.a is not satisfied and
that a special circumstance or condition does not exist on the property to warrant the finding of a
hardship. Second Tier Commercial Space is applicable to all new development and
redevelopment in the CC, C-1, S/C/I, NC, and MU zone districts. Staff believes there are no special
circumstances or conditions that relate to this building as opposed to other buildings, structures,
or parcels in the same zone district.
In determining whether a hardship exists on the subject property, consideration should be given
to the adequacy of the roughly 85% reduction to second tier commercial space. The current
configuration of the structure at 420 East Hyman may not provide enough net leasable space for
this applicant. This does not mean that it doesn’t provide enough net leasable space for any tenant.
Staff finds that an applicant-specific inconvenience exists at this property rather than a site-specific
hardship. Staff is concerned that granting a variance because an applicant simply does not have
enough net leasable space to operate will set a bad precedent and serve as a way to circumvent
the Land Use Code.
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Page 5 of 5
As additional information, because the building at 420 E. Hyman Avenue was approved in 2014
and has pursued those approvals, it is exempt from the provisions of Ordinance #6, Series of
2017, which was adopted to limit the establishment of new “formula uses,” including retailers with
eleven or more similar stores in the United States.
REFERRAL AGENCIES
No referral comments for this Land Use Application.
RECOMMENDATION:
Staff finds that this application to reduce the Second Tier space at 420 E. Hyman does not meet
the required standard of hardship. At the direction of the City Attorney’s office, two resolutions,
one approving the requested variation and one denying it, are provided to P&Z. Staff
recommends that the Planning and Zoning Commission make a finding that a hardship does not
exist by approving the resolution for denial.
PROPOSED MOTION (All motions are proposed in the affirmative):
1) “I move to approve P&Z Resolution #__, Series of 2022, denying the requested variation.” OR
2) “I move to adopt P&Z Resolution #___, Series of 20221, approving a variance with conditions.”
ATTACHMENTS:
Exhibit A – Variance Review Criteria, Staff Findings
Exhibit B – P&Z Resolution #_, Series of 2022 (P&Z is being provided with one version
approving the application and one denying the application)
Exhibit C – Application
Exhibit D- Letter from Applicant
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420 East Hyman Avenue
Exhibit A – Review Criteria
Page 1 of 4
Chapter 26.314, Variance
A. In order to authorize a variance from the dimensional requirements of Title
26, the appropriate decision-making body shall make a finding that the following
three (3) circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals,
objectives and policies of this Title and the Municipal Code; and
Staff Findings: The purpose of the City’s land use code not only protects the
public’s health, safety, and welfare, but also identifies a property’s rights which
includes reasonable expectations for property owners. Staff believes a
reasonable expectation is that sections of the Land Use Code are observed and
enforced as uniformly as practicable: including but not limited to Section
26.412.080. – Second Tier Commercial Space. The goal of Second Tier
Commercial Space standards is to ensure that “second tier” space in commercial
zones is maintained. The applicant proposes a reduction of nearly 85% of the
required Second Tier Commercial Space. The applicant proposes to deed restrict
the spaces to general retail if the variance is approved. Deed Restricting the
commercial spaces does not meet either option to reduce the requirement of
Second Tier Commercial Space as outlined in Section 26.412.080.C Second Tier
Commercial Space – Reduction of Requirement. The applicant claims that deed
restricting the units meets the intent of Second Tier Commercial Space; however,
the design standards are meant to “ensure ‘second tier’ space in commercial
zones are maintained.” Staff believes that granting a variance to reduce Second
Tier Commercial Space on this property simply because the applicant “needs
enough leasable space to justify the Aspen Market” is not consistent with the
purposes, goals, objectives and policies of this Title and the Municipal Code. Staff
is concerned that granting of this variance would set bad precedent that the lack
of net leasable space for a single business is grounds for a variance to the
adopted Land Use Code. Staff finds this criterion not met.
2. The grant of variance is the minimum variance that will make possible the
reasonable use of the parcel, building or structure; and
Staff Findings: Staff finds that reasonable use of the parcel has already been
established with the new three-story mixed-use building on the property. Staff
believes that reasonable use of the parcel, building or structure does not include
reducing second tier commercial space to combine units for a tenant that doesn’t
have enough net leasable space. Staff finds this criterion not met.
3. Literal interpretation and enforcement of the terms and provisions of this
Title would deprive the applicant of rights commonly enjoyed by other
parcels in the same zone district and would cause the applicant unnecessary
hardship, as distinguished from mere inconvenience. In determining
whether an applicant's rights would be deprived, the Board shall consider
whether either of the following conditions apply:
11
420 East Hyman Avenue
Exhibit A – Review Criteria
Page 2 of 4
a. There are special conditions and circumstances which are unique to the
parcel, building or structure, which are not applicable to other parcels,
structures or buildings in the same zone district and which do not result
from the actions of the applicant; or
Staff Findings: This section highlights a distinct difference between causing an
Applicant “unnecessary hardship” in contrast to the creation of a “mere
inconvenience”. In consideration of this Code language, it should be noted that
wanting additional net leasable space to justify a tenant moving into a unit is a
mere inconvenience rather than an unnecessary hardship. Not having enough net
leasable space to justify moving a business to a location is not a hardship and is
a direct result of the actions of the applicant. Denial of the Second Tier
Commercial Space variance will not deny the property’s fundamental
development rights or cause an unnecessary hardship.
Additionally, Staff is concerned that a special circumstance or condition does not
exist on the property to warrant the finding of a hardship. Second Tier Commercial
Space is applicable to all new development and redevelopment in the CC, C-1,
S/C/I, NC, and MU zone districts. Staff believes there are no special
circumstances or conditions that relate to this building as opposed to other
buildings, structures, or parcels in the same zone district. Staff finds this
criterion not met.
b. Granting the variance will not confer upon the applicant any special
privilege denied by the terms of this Title and the Municipal Code to other
parcels, buildings or structures, in the same zone district.
Staff Findings: Staff finds that should the Planning and Zoning Commission find
that a hardship exists, property specific findings should be made so that special
privilege is not conveyed with the grant of a variance. Again, staff is concerned
that granting the variance would set bad precedent that if people want more net
leasable space, they can circumvent the Land Use Code and apply for a variance.
Staff finds this criterion conditionally met.
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420 East Hyman Avenue
Exhibit A – Review Criteria
Page 3 of 4
26.412.090 – Substantial Amendment to Commercial Design Review Standards
26.412.080.(c) – Second Tier Commercial Space – Reduction of Requirement
(c) Reduction of requirement. The Planning and Zoning Commission may
approve a reduction in the required second tier commercial space pursuant
to the procedures and criteria of Chapter 26.304.060 and Section
26.412.040. One of the following criteria shall be met:
(1) Requirement met on another property.
a. Property owners or applicants for development approval of at
least one other lot or parcel (within the same block or zone
district) agree to provide second tier commercial space in an
amount that offsets the shortfall in required second tier
commercial space on the property subject to the application
for development or redevelopment; and
Staff Findings: The applicant has declined meeting the requirement on another
property. Staff finds this criterion not applicable.
b. All of the property owners enter into an enforceable
development agreement to the satisfaction of the City
Attorney. The agreement shall provide assurances that the
required second tier commercial space will be developed and
ready for occupancy prior to the occupancy of the property
that is authorized to have a shortfall and remedies if the space
is not ready when the space on the subject property is ready
for occupancy.
Staff Findings: The applicant has declined meeting the requirement on another
property. Staff finds this criterion not applicable.
(2) Hardship. The applicant demonstrates that a sufficient site-specific
hardship is present on the property preventing the provision of some
portion of the total required. This requires review as a variance,
pursuant to Section 26.314, variances.
Staff Findings: The applicant for approvals to construct this building chose to
lay out the building in a manner similar to the one it replaced, with individual
tenant spaces in the basement, on the ground floor, and on the second floor.
Subsequent to the project’s approval, in 2016, the City adopted new Commercial
Design Standards, including defining the concept of “Second Tier” Commercial
space, and requiring projects to be designed much like 420 East Hyman. City
Council was concerned that businesses serving the needs of the full-time
population were at risk of being displaced as restaurants, retail spaces, and
13
420 East Hyman Avenue
Exhibit A – Review Criteria
Page 4 of 4
offices able to pay high rents were resulting in a continuing shift towards
exclusivity. The requirement to provide separate net leasable spaces in
basement and upper floor locations, isolated from ground floor prime space was
created in hopes to provide local serving businesses more affordable rent
opportunities. The current configuration of the structure at 420 East Hyman may
not provide enough net leasable space for this applicant. This does not mean
that it doesn’t provide enough net leasable space for any tenant. Staff finds that
an applicant-specific inconvenience exists at this property rather than a site-
specific hardship. The applicants offer to deed restrict the units does nothing but
offer quid pro quo to account for the loss of Second Tier Commercial Space in
absence of a bona fide hardship. Staff finds this criterion not met.
14
Planning and Zoning Commission
Resolution No. _, Series 2022
Page 1 of 2
RESOLUTION NO. _
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
DENYING A SECOND TIER COMMERCIAL SPACE VARIANCE FOR THE PROPERTY
COMMONLY KNOWN AS: 420 EAST HYMAN AVENUE; LEGALLY DESCRIBED AS: UNITS
101, 201, 202, 203, 301, 302, 303 AND 304, DUVIKE CONDOMINIUM, ACCORDING TO THE
CONDOMINIUM MAP THEREOF RECORDED JUNE 4, 1981 IN PLAT BOOK 11 AT PAGE 61
AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR DUVIKE
CONDOMINIUM RECORDED JUNE 4, 198 IN BOOK 409 AT PAGE 355, COUNTY OF PITKIN,
STATE OF COLORADO
Parcel ID No: 2737-073-39-801; 2737-073-39-020 through -027
WHEREAS, the Community Development Department received an application for 420 E Hyman
Avenue, (the Application) from Downtown 420 LLC. (Applicant), represented by Sara Adams of
BendonAdams, for the following land use review: Variance: pursuant to Land Use Code Chapter 26.314;
and
WHEREAS, the subject property is within the CC zone district, is 3,009 square feet in size, and
requires compliance with land use code Section 26.412.080, Second Tier Commerical Space; and
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the
day the application was deemed complete – November 17, 2021, as applicable to this Project; and,
WHEREAS, the Planning and Zoning Commisssion reviewed the Application at a duly noticed
public hearing on January 4, 2022; and,
WHEREAS, the Planning and Zoning Commission finds that a hardship does not exist on the
property and that it is unreasonable to grant second tier commercial space variances that relate to the
existing development pattern in the immediate neighborhood; and,
WHEREAS, during a duly noticed public hearing on January 4, 2022, the Planning and Zoning
Commission approved Resolution _, Series of 2022, by a _ to _ vote, granting denial for Dimensional
Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 2:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
15
Planning and Zoning Commission
Resolution No. _, Series 2022
Page 2 of 2
FINALLY, adopted, passed and approved this 4th day of January, 2022.
Approved as to form: Approved as to content:
__________________________ ______________________________
Katharine Johnson, Assistant City Attorney Spencer McKnight, Chair
Attest:
_______________________________
Cindy Klob, Records Manager
16
Planning and Zoning Commission
Resolution No. _, Series 2022
Page 1 of 2
RESOLUTION NO. _
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING A SECOND TIER COMMERCIAL SPACE VARIANCE FOR THE PROPERTY
COMMONLY KNOWN AS: 420 EAST HYMAN AVENUE; LEGALLY DESCRIBED AS: UNITS
101, 201, 202, 203, 301, 302, 303 AND 304, DUVIKE CONDOMINIUM, ACCORDING TO THE
CONDOMINIUM MAP THEREOF RECORDED JUNE 4, 1981 IN PLAT BOOK 11 AT PAGE 61
AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR DUVIKE
CONDOMINIUM RECORDED JUNE 4, 198 IN BOOK 409 AT PAGE 355, COUNTY OF PITKIN,
STATE OF COLORADO
Parcel ID No: 2737-073-39-801; 2737-073-39-020 through -027
WHEREAS, the Community Development Department received an application for 420 E Hyman
Avenue, (the Application) from Downtown 420 LLC. (Applicant), represented by Sara Adams of
BendonAdams, for the following land use review:Variance: pursuant to Land Use Code Chapter 26.314;
and
WHEREAS, the subject property is within the CC zone district, is 3,009 square feet in size, and
requires compliance with land use code Section 26.412.080, Second Tier Commerical Space; and
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the
day the application was deemed complete – November 17, 2021, as applicable to this Project; and,
WHEREAS, the Planning and Zoning Commisssion reviewed the Application at a duly noticed
public hearing on January 4, 2022; and,
WHEREAS, the Planning and Zoning Commission finds that a hardship exists on the property and
that it is reasonable to grant second tier commercial space variances; and,
WHEREAS, during a duly noticed public hearing on January 4, 2022, the Planning and Zoning
Commission approved Resolution _, Series of 2022, by a _ to _ vote, granting approval for Dimensional
Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning
and Zoning Commission hereby grants the following dimensional variances, as conceptually represented in
Exhibit A, approved floor plan and renderings:
420 E Hyman Avenue
• Second Tier Commercial Space: A reduction of second tier commercial space from approximately
2,865 sq. ft. to approximately 365 sq. ft. of required second tier commercial space.
Section 2:
As part of building permit review, the applicant shall clarify the Second Tier space calculations of the
building permit and the land use application and shall provide no less than 365 square feet of second tier
commercial space.
17
Planning and Zoning Commission
Resolution No. _, Series 2022
Page 2 of 2
Section 3:
The applicant shall follow all applicable adopted building codes, including: an elevator or lift internal to
the combined net leasable space.
Section 4:
All material representations and commitments made by the Applicant pursuant to the development proposal
approvals as herein awarded, whether in public hearing or documentation presented before the Community
Development Department and the Planning and Zoning Commission, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless amended by
other specific conditions or an authorized authority.
Section 5:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 6:
Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from the date
of the approval unless development has commenced as illustrated by the submission of a building permit
or an extension is granted. The subject variance is not a Site-Specific Development Plan (SSDP), is not
vested, and will not receive a Development Order.
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
FINALLY, approved this 4th day of January, 2022.
Approved as to form: Approved as to content:
__________________________ ______________________________
Katharine Johnson, Assistant City Attorney Spencer McKnight, Chair
Attest:
_______________________________
Cindy Klob, Records Manager
18
420 East Hyman Avenue
Exhibit A: Approved Floor Plan
19
420 East Hyman Avenue
Exhibit A: Approved Floor Plan
20
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
October 29, 2021
Aspen Community Development Department
Planning & Zoning Commission
130 So. Galena St.
Aspen, Colorado 81611
RE: 420 East Hyman Avenue, Second Tier Commercial Reduction
Dear ComDev and P&Z,
Please accept this application for a reduction of the new requirement for second tier commercial space.
420 East Hyman is currently under construction pursuant to a 2014 Development Order for a new three
story mixed use building. The City adopted a Change Order policy that requires all building permit change
orders to comply with the current Land Use Code if the project is outside its vesting period. The vested
rights for 420 East Hyman expired in 2017 – a building permit was accepted by the City prior to the
expiration of vested rights.
The new owner has a locally serving tenant, Banana Republic, that wants to lease the ground and basement
levels at 420 East Hyman. Banana needs a specific amount of leasable space to justify the Aspen market;
however, combining the ground and basement levels triggers the new second tier commercial requirement
which was adopted after the project was approved.
Second tier commercial space is defined as:
“Commercial net leasable area that is reserved for and used for principal commercial uses (not for
storage, office or other uses accessory to another principal use) and that:
• Is located in a basement, or
• Is located above the ground floor (but not including rooftop pedestrian amenity),
or
• Has its principal point of access along an alleyway or a mid-block pedestrian
amenity, or
• Has its front façade and principal entryway on a subgrade courtyard or an enclosed
interior courtyard or arcade.”
Background
420 East Hyman is located within the Commercial Core Historic District and external changes are under the
purview of the Historic Preservation Commission (HPC). The current project received HPC approval in 2012
(HPC Resolutions 17-2012 and 28-2012) for a three story mixed use building with commercial uses on the
basement, ground, and second levels; three affordable housing units on the second level; and a free market
unit on the third level. Under the old Code, project reviews were not consolidated at HPC, and subdivision
approval was required by City Council for any mixed use building. The Planning and Zoning Commission
21
420 East Hyman
Second Tier Reduction
Page 2 of 3
(P&Z) granted Growth Management approval and forwarded a recommendation of Subdivision approval to
City Council in 2013 (P&Z Resolution 13-2013), and City Council granted Subdivision approval in 2013 (City
Council Ordinance 27-2013). Final Design review was granted by HPC in 2014 (HPC Resolution 16-2014)
and a Development Order was issued on July 7, 2014. The project was vested for three years until July 7,
2017.
Second tier commercial requirements were adopted by City Council via Ordinance 33-2016 which took
effect on February 23, 2017. 420 E Hyman was purchased by Downtown 420 LLC around the same time in
2017. According to the Land Use Code the purpose and intent of Second Tier is as follows:
The Aspen Area Community Plan establishes policies to encourage a balanced, diverse and vital
commercial use mix that meets the needs of the year-round residents and visitors, and to facilitate the
sustainability of essential businesses that provide basic community needs. These design standards ensure
"second tier" space in commercial zones are maintained, allows for the redevelopment of commercial
properties, maintains a meaningful ratio of commercial space that serves the day to day needs of
residents and visitors, and allows for creative designs that add variety and interest to the City's
commercial areas.
The intent of this new regulation is to protect “nook and cranny” spaces by requiring a specific amount of
lower level or upper level commercial space that is detached from ground level commercial space. The
concept was that less desirable commercial spaces (i.e. upper or basement levels) will have lower rent;
therefore facilitating spaces for locally serving businesses. The second tier commercial requirement is
Aspen’s attempt to unilaterally control the size of commercial use as a way to protect locally serving
businesses. The City has explored controlling price point through negotiated deed restrictions - including
Cooper Street Pier and Little Annie’s – but neither example is considered successful. Unfortunately, locally
serving businesses that offer goods and services at a more normal price point generally need large spaces
to offer a range of goods that offset the rental rates. This is one of the many reasons Aspen has very limited
locally serving businesses.
Requested Variance
420 East Hyman respectfully requests to reduce onsite second tier commercial space in order to facilitate a
lease for a locally serving business like Banana Republic. Following is a breakdown of uses in the mixed use
building:
Table 1: 420 East Hyman Approved Uses per Floor
Basement Level Commercial
Ground Level Commercial
Second Level 3 Affordable Housing units and Commercial
Third Level 1 Free market Residential unit
We request the ability to combine the main level with the basement level to create a space large enough
to support a local serving general retail use as defined in the Land Use Code. The Code allows both Specialty
and General retail uses on all levels in the Commercial Core Historic District. Specialty retail uses are defined
as “the sale of luxury or premium goods, products that are generally purchased on a non-recurring basis,
and that tend to occupy spaces in more expensive location. These include items where demand tends to
increase as household income rises, or where demand increases in proportion to high prices.” This type of
retail is found throughout much of downtown Aspen and is not considered locally serving. General retail
22
420 East Hyman
Second Tier Reduction
Page 3 of 3
uses are defined as “the sale of consumer goods for normal personal or household use or consumption.
These include items where demand tends to increase on a less than proportionate basis or that decreases
relative to increases in income, and that are considered household necessities.” As part of this request we
voluntarily commit to a restriction on the basement and ground level space to general retail uses only as a
condition of allowing a variance to the Second Tier requirements. We believe that the deed restriction to
general retail as defined in the Code aligns with the purpose and intent of the Second Tier requirements
and facilitates a locally serving tenant as evidenced by the letter from Banana Republic included in this
application.
We look forward to your review and commentary and an opportunity to discuss this request with the
Planning & Zoning Commission. Please let us know if we can provide additional information to facilitate your
review.
Kind Regards,
Sara Adams, AICP
sara@bendonadams.com
970-925-2855
Attachments
A – Standards of Review
1. Variance
2. Commercial Design Review Amendment
B – Land Use application
C – Vicinity Map
D - Agreement to pay form
E – Pre-application summary
F - Authorization to represent
G - Disclosure of ownership
H - HOA compliance form
I - Mailing list
J – Drawings
K – Letter from Banana Republic
23
420 E Hyman
Exhibit A – Standards for Review
Exhibit A
A.1 Variances
26.314.040 Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision
- making body shall make a finding that the following three circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives and
policies of this Title and the Municipal Code; and
Title 26 of the Municipal Code (known as the Land Use Code) provides zoning limitations and development
standards for properties in the City of Aspen. The purpose of Title 26, stated in 26.104.020 includes the
analysis of various development factors.
All development and uses of land are to be considered “within the context of its impact on the City’s
economic and infrastructure needs and capacities.” The proposal to combine commercial spaces to support
a locally serving general retailer fills a huge gap in the local community’s economic and infrastructure needs
and fully meets the intent and purpose of the second tier commercial requirement.
2. The grant of variance is the minimum variance that will make possible the reasonable use of the
parcel, building or structure; and
The request to combine the main level and ground level is the minimum variance needed to lease the space
to a general retailer that serves the local community as evidenced by the letter provided from Banana
Republic. A small second floor commercial space will remain as second tier commercial and will be separate
from the ground and basement level retail operations. A voluntary deed restriction ensures that the
connected space is rented to a general retailer as opposed to a speciality retailer as described below.
Following is the approved commercial space breakdown (please reference the drawings for more specific
details):
24
420 E Hyman
Exhibit A – Standards for Review
Table 1: Approved Net Leasable Area for 420 East Hyman
Ground Level
Prime commercial 1,486 sf
Basement
Second Tier commercial 1,833 sf (not including 417 sf of circulation)
Second Level
Second Tier 180 sf
Required Second Tier 1,175 sf
The connecting stair reduces ground level net leasable area by cutting a large hole in the floor. The project
reduces overall net leaseable area for the entire project.
Table 2: Proposed Net Leasable Area for 420 East Hyman
Basement and Ground Level
Deed Restricted Commercial
1,833 sf basement
1,327 sf ground level
3,160 sf total
(not including 417 total sf circulation)
Second Level
Second Tier 180 sf
Required Second Tier 1,175 sf
Proposed Second Tier 180 sf
Proposed Deed Restricted
Commercial Space
3,160 sf
(not including 417 total sf circulation)
The grant of variance is the minimal required to make reasonable use of the building with a locally serving
general retailer. The project proposes that the entire building is either second tier commercial or deed
restricted general retail.
3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive
the applicant of rights commonly enjoyed by other parcels in the same zone district and would
cause the applicant unnecessary hardship, as distinguished form mere inconvenience. In
determining whether an applicant’s rights would be deprived, the Board shall consider whether
either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel, building
or structure, which are not applicable to other parcels, structures or buildings in the
same zone district and which do not result from the actions of the applicant; or
b. Granting the variance will not confer upon the applicant any special privilege denied by
the terms of this Title and the Municipal Code to other parcels, buildings or structures,
in the same zone district.
The voluntary deed restriction of the ground and basement level commercial spaces to general retail
balances the grant of a variance to 420 East Hyman for second tier commercial space. General retail uses
are more aligned with the intent of second tier than requiring small detached undesirable spaces. The
isolated ground floor commercial space with street frontage and a small footprint is viable for only specialty
luxury retailers. And, without a deed restriction allowing only general retail for the building, all of the
commercial spaces could be leased to luxury tenants – there is no restriction on specialty luxury retail.
25
420 E Hyman
Exhibit A – Standards for Review
A.2 Substantial Amendment to Commercial Design Standards
26.412.090.b.
Substantial amendments. Any amendment to an existing approval which does not meet the thresholds for
an insubstantial amendment shall be considered a substantial amendment. A substantial amendment to
a Commercial Design Review approval shall be reviewed pursuant to the standards and procedures of this
Section.
26.412.080 (c)Reduction of requirement. The Planning and Zoning Commission may approve a reduction in
the required second tier commercial space pursuant to the procedures and criteria of Chapter 26.304.060
and Section 26.412.040. One of the following criteria shall be met:
(1)Requirement met on another property.
a. Property owners or applicants for development approval of at least one other lot or parcel (within
the same block or zone district) agree to provide second tier commercial space in an amount that
offsets the shortfall in required second tier commercial space on the property subject to the
application for development or redevelopment; and
b .All of the property owners enter into an enforceable development agreement to the satisfaction
of the City Attorney. The agreement shall provide assurances that the required second tier
commercial space will be developed and ready for occupancy prior to the occupancy of the property
that is authorized to have a shortfall and remedies if the space is not ready when the space on the
subject property is ready for occupancy.
(2)Hardship. The applicant demonstrates that a sufficient site-specific hardship is present on the
property preventing the provision of some portion of the total required. This requires review as a
variance, pursuant to Section 26.314, variances.
There are no exterior changes proposed as part of this application. An interior stair linking the ground level
and basement level is proposed – an internal connection concept is included in the drawing set. A voluntary
deed restriction is proposed to ensure a general retailer occupies the space and Banana Republic is
interested in leasing the combined space; however, the connecting stair shown in the plans may change
slightly when a general retailer signs a lease and designs the interior of the spaces. We provided the stair
to demonstrate one version of connection between the spaces.
The hardship criteria are addressed on the previous pages. As noted in option 1, purchasing a different
commercial space within the Commercial Core and deed restricting it as second tier is not a viable option
at this time. Furthermore, we feel that the intent of second tier commercial is met in the proposed deed
restriction of the commercial space to general retail thus avoiding another luxury brand to occupy the mall.
As stated in the Code and the AACP the intent of second tier is “to encourage a balanced, diverse and vital
commercial use mix that meets the needs of the year-round residents and visitors, and to facilitate the
sustainability of essential businesses that provide basic community needs. These design standards ensure
"second tier" space in commercial zones are maintained, allows for the redevelopment of commercial
properties, maintains a meaningful ratio of commercial space that serves the day to day needs of residents
and visitors, and allows for creative designs that add variety and interest to the City's commercial areas.”
26
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
27
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Date: 10/13/2021
Geographic Information Systems
This map/drawing/image is a graphical
representation of the features
depicted and is not a legal representation.
The accuracy may change
depending on the enlargement or reduction.
Copyright 2021 City of Aspen GIS
0 0.02 0.040.01
mi
When printed at 8.5"x11"
4
Legend
City of Aspen
Parcels
Roads Zoomed In
Scale: 1:1,884
420 E Hyman Ave
Vicinity Map
28
29
PRE-APPLICATION CONFERENCE SUMMARY (PRE-21-145)
PLANNER: Sophie Varga, 429.2778, Sophie.Varga@CityofAspen.com
DATE: October 29th, 2021
PROJECT ADDRESS: 420 E Hyman
PARCEL NUMBER: 2737-073-39-801
REPRESENTATIVE: Sara Adams
REQUEST: Request to reduce required Second Tier commercial space; substantial amendment
to a Commercial Design Review approval
DESCRIPTION: The subject property is currently being developed with a mixed-use structure
comprising of affordable housing, free market residential, and commercial uses. The property is
located in the Commercial Core Zone District and thus in the Commercial Core Historic District.
The applicant proposes to internally connect the ground and basement level commercial
spaces. This results in the basement space changing from Second Tier commercial space to
prime commercial space. The applicant is requesting a reduction to the Second Tier
commercial space requirement as well as a substantial amendment to a Commercial Design
Review approval. The applicant will need to demonstrate that a sufficient site-specific hardship
is present on the property preventing the provision of some portion of the total required. The
applicant also will need to respond to relevant guidelines in The Commercial, Lodging and
Historic District Design Standards and Guidelines. The applicant shall respond to the review
criteria identified in section 26.314.040, Variances - Standards applicable to variances, as well
as those in section 26.412.060, Commercial Design Review - Review Criteria.
Any changes to exterior fenestration or previously designed access to the exterior connection
between the prime and Second Tier spaces will likely require evaluation by Historic Preservation
staff and monitor in relationship to previous HPC approvals
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.104.100 Definitions
26.304 Common Development Review Procedures
26.314 Variances
26.412.040 Commercial Design Review – Procedures for Review
26.412.080 Commercial Design Review Second Tier Commercial Space
26.412.090(b) Commercial Design Review - Amendments
Substantial amendment and variance
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
REVIEW BY: Staff for complete application
30
Planning & Zoning Commission for decision
PUBLIC HEARING: Yes
PLANNING FEES: $3,250 for 10 hours of staff time. Any unbilled portion of the
deposit will be refunded at the conclusion of the case. Additional
staff hours, if needed, will be billed at $325 an hour.
REFERRAL FEES: N/A
TOTAL DEPOSIT: $3,250
APPLICATION CHECKLIST:
Please submit a digital copy of the application to the Sophie.Varga@CityofAspen.com as a
single PDF.
Completed Land Use Application and signed Fee Agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed
to occur, consisting of a current (no older than 6 months) certificate from a title
insurance company, an ownership and encumbrance report, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and
all mortgages, judgments, liens, easements, contracts and agreements affecting the
parcel, and demonstrating the owner’s right to apply for the Development
Application. The purpose of this requirement is to show that the Applicant has the
authority to apply for a Land Use Case.
Applicant’s name, address and telephone number in a letter signed by the applicant
that states the name, address and telephone number of the representative
authorized to act on behalf of the applicant.
A site improvement survey (no older than a year from submittal) including
topography, existing structures and other improvements (such as patios), and
vegetation showing the current status of the parcel certified by a registered land
surveyor by licensed in the State of Colorado.
A written and visual description of the proposal and response to how the proposed
development complies with the review standards relevant to the development
application. The applicant must demonstrate that a sufficient site-specific hardship is
present on the property preventing the provision of some portion of the total [Second
Tier commercial space] required. Please include existing and proposed floor plans,
existing and proposed net leasable area calculations, access and circulation
description, and detailed descriptions (written and visual) of any changes to the
exterior, including but not limited to changes to exterior fenestration.
HOA Compliance form (Attached to Application)
31
Once the copy is deemed complete by staff, the following items will then need to be
submitted:
Total deposit for review of the application.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. The summary does not create a legal or vested right.
32
33
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:Q62013563 Date: 10/25/2021
Property Address:420 E HYMAN AVE # 101, 201, 202, 203, 301, 302, 303 AND 304, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley Title
Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
DOWNTOWN 420 LLC
Delivered via: No Commitment Delivery
BENDONADAMS
Attention: SARA ADAMS
(970) 925-2855 (Work)
sara@bendonadams.com
Delivered via: Electronic Mail
34
Land Title Guarantee Company
Estimate of Title Fees
Order Number:Q62013563 Date: 10/25/2021
Property Address:420 E HYMAN AVE # 101, 201, 202, 203, 301, 302, 303 AND 304, ASPEN, CO
81611
Parties:TO BE DETERMINED
DOWNTOWN 420, LLC, A DELAWARE LIMITED LIABILITY COMPANY
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $217.00
Total $217.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Pitkin county recorded 05/01/2017 under reception no.
637985
Plat Map(s):
Pitkin county recorded 06/04/1981 at book 11 page 61
35
Copyright 2006-2021 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
420 E HYMAN AVE # 101, 201, 202, 203, 301, 302, 303 AND 304, ASPEN, CO 81611
1.Effective Date:
10/15/2021 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
DOWNTOWN 420, LLC, A DELAWARE LIMITED LIABILITY COMPANY
5.The Land referred to in this Commitment is described as follows:
UNITS 101, 201, 202, 203, 301, 302, 303 AND 304,
DUVIKE CONDOMINIUM,
ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED JUNE 4, 1981 IN PLAT BOOK 11 AT
PAGE 61 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR DUVIKE
CONDOMINIUM RECORDED JUNE 4, 1981 IN BOOK 409 AT PAGE 355.
COUNTY OF PITKIN, STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62013563
36
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62013563
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED.
2.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
DOWNTOWN 420, LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED MAY 01, 2017 UNDER
RECEPTION NO. 637986 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES MARC EZRALOW, AS TRUSTEE OF THE MARC EZRALOW 1997
TRUST AS THE SOLE MEMBER/MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING,
ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF
THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED.
3.RELEASE OF DEED OF TRUST DATED NOVEMBER 26, 2019 FROM DOWNTOWN 420, LLC, A DELAWARE
LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CITY
NATIONAL BANK TO SECURE THE SUM OF $9,350,000.00 RECORDED NOVEMBER 26, 2019, UNDER
RECEPTION NO. 660774.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
37
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN
RECORDED OCTOBER 12, 1887 IN BOOK 59 AT PAGE 31, PROVIDING AS FOLLOWS: THAT NO TITLE
SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY
VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS.
9.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION NO. 6, SERIES OF 1973 AS
SET FORTH IN INSTRUMENT RECORDED APRIL 3, 1973 IN BOOK 274 AT PAGE 217.
10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF STATEMENT OF EXEMPTION FROM
SUBDIVISION REGULATION AS SET FORTH IN INSTRUMENT RECORDED JUNE 4, 1981 IN BOOK 409 AT
PAGE 353.
11.THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A
BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT
RECORDED JUNE 04, 1981, IN BOOK 409 AT PAGE 355.
12.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF DUVIKE CONDOMINIUM RECORDED JUNE 04, 1981 IN BOOK 11 AT PAGE 61.
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT RECORDED MAY 20, 2003 AS
RECEPTION NO. 483036.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62013563
38
14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION NO. 17, SERIES OF 2012
RECORDED AUGUST 16, 2012 AS RECEPTION NO. 591420.
15.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION NO. 28, SERIES OF 2012
RECORDED NOVEMBER 29, 2012 AS RECEPTION NO. 594287.
16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION NO. 13, SERIES OF 2013
RECORDED MAY 24, 2013 AS RECEPTION NO. 599795.
17.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE NO. 27, SERIES OF 2013
RECORDED SEPTEMBER 16, 2013 AS RECEPTION NO. 603649.
18.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION NO. 16, SERIES OF 2014
RECORDED JUNE 18, 2014 AS RECEPTION NO. 611204.
19.TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED NOVEMBER 21,
2014, UNDER RECEPTION NO. 615594.
20.RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER UNRECORDED LEASES.
21.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT FOR TEMPORARY
ANCHORING EASEMENT RECORDED JANUARY 15, 2019 AS RECEPTION NO. 653365 AND AMENDMENT
RECORDED MAY 7, 2019 AS RECEPTION NO. 655770 AND SECOND AMENDMENT THERETO
RECORDED FEBRUARY 10, 2020 AS RECEPTION NO. 662660.
22.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT FOR TEMPORARY
ANCHORING EASEMENT RECORDED JANUARY 15, 2019 AS RECEPTION NO. 653366 AND AMENDMENT
RECORDED MAY 7, 2019 AS RECEPTION NO. 655771 AND SECOND AMENDMENT THERETO FEBRUARY
10, 2020 AS RECEPTION NO. 662661.
23.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE
FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT DATED AUGUST, 2016, PREPARED BY
ASPEN SURVEY ENGINEERS, INC., JOB NO. 10100AB AND UPLOADED AS ESI 31845426:
A. BUILDING ENCROACHES ONTO LOT P.
B. SIGN ENCROACHES ONTO LOT N.
C. ROOF ENCROACHES INTO THE RIGHT OF WAY FOR HYMAN AVENUE MALL.
D. ADJOINER'S STAIRS, PATIO AND ROOF ENCROACH ONTO SUBJECT PROPERTY.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62013563
39
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
40
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
41
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
42
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
43
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and
a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
44
45
Pitkin County Mailing List of 300 Feet Radius
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
From Parcel: 273707339020 on 10/29/2021
Instructions:
Disclaimer:
http://www.pitkinmapsandmore.com
46
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
434 EAST COOPER AVENUE LLC
ASPEN, CO 81611
516 E HYMAN AVE 2ND FL
415 EAST HYMAN AVE LLC
ASPEN, CO 81612
PO BOX 4068
DCGB LLC
NEW YORK, NY 10019
610 WEST 52 ST
BARNETT FYRWALD HOLDINGS INC
LITTLE ROCK, AR 722022017
2222 COTTONDALE LN #200
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
400 HYMAN LLC
ASPEN, CO 816112118
1010 E HYMAN AVE
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
ASPEN GOLDEN HORN LLC
BEVERLY HILLS, CA 90212
9420 WILSHIRE BLVD 4TH FL
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
419 EAST HYMAN AVENUE LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
BPOE ASPEN LODGE #224
ASPEN, CO 81611
510 E HYMAN AVE 3RD FL
DOWNTOWN 420 LLC
CALABASAS, CA 91302
23622 CALABASAS RD #200
407 HYMAN LLC
GLENWOOD SPRINGS , CO 81601
51027 HWY 6 & 24 #100
KANDYCOM INC
ARCADIA, CA 91006
766 SINGING WOOD DR
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
WHEELER BLOCK BUILDING LLC
COLUMBIA, MO 65203
211 N STADIUM BLVD STE 201
ROARING FORK CONDOS ASSOC
ASPEN, CO 81611
COMMON AREA
415 E HYMAN AVE
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
HOPKINS ASPEN HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102 B #401
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
BPOE ASPEN LODGE #224
ASPEN, CO 81611
510 E HYMAN AVE 3RD FL
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
BPOE ASPEN LODGE #224
ASPEN, CO 81611
510 E HYMAN AVE 3RD FL
400 BUILDING LLC
BOCA RATON, FL 33432-3933
306 N PLAZA REAL
47
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
COX ANTHONY E LIVING TRUST
CAPITOLA, CA 95010
1260 41ST AVE #O
PARAGON PENTHOUSE LLC
BEVERLY HILLS, CA 90212
9950 SANTA MONICA BLVD
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
ASPEN GOLDEN HORN LLC
BEVERLY HILLS, CA 90212
9420 WILSHIRE BLVD 4TH FL
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
DOWNTOWN 420 LLC
CALABASAS, CA 91302
23622 CALABASAS RD #200
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
ASPEN MILL 228 LLC
CENTENNIAL, CO 80112
9615 E COUNTY LINE RD #B-396
315 EAST HYMAN AVENUE HOLDINGS LLC
ASPEN, CO 81611
516 E HYMAN AVE
305-7 MILL STREET LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
HOPKINS ASPEN HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102 B #401
315 EAST HYMAN AVENUE HOLDINGS LLC
ASPEN, CO 81611
516 E HYMAN AVE
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
KANTZER TAYLOR FAM TRST #1
MANHATTAN BEACH, CA 90266
216 SEVENTEENTH ST
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
411 EAST HYMAN AVENUE LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
PARAGON BUILDING CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
419 E HYMAN AVE
SILVER SLAM COMMERCIAL LLC
NEW YORK, NY 10001
30 HUDSON YARDS FL 72
400 BUILDING LLC
BOCA RATON, FL 33432-3933
306 N PLAZA REAL
DOWNTOWN 420 LLC
CALABASAS, CA 91302
23622 CALABASAS RD #200
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
DOWNTOWN 420 LLC
CALABASAS, CA 91302
23622 CALABASAS RD #200
48
DOLE MARGARET M
ASPEN, CO 816111989
400 E HYMAN AVE #302
HINDERSTEIN FAM REV TRUST
GREENBANK, WA 98253
4415 HONEYMOON BAY RD
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
ASPEN FIRE PROTECTION DISTRICT
ASPEN, CO 81611
420 E HOPKINS AVE
SILVER SLAM COMMERCIAL LLC
NEW YORK, NY 10001
30 HUDSON YARDS FL 72
DUVIKE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
420 E HYMAN AVE
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
514 AH LLC
ASPEN, CO 81611
514 E HYMAN AVE
WOODS FAMILY LP
ASPEN, CO 81611
514 TWINING FLATS RD
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
400 EAST HYMAN LLC
ASPEN, CO 81611
400 E HYMAN AVE # A202
MTN ENTERPRISES 80B
EAGLE, CO 816315739
PO BOX 5739
BRAND BUILDING CONDO ASSOC
ASPEN, CO 81611
205 S GALENA ST
COLLINS BLOCK CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
204 S MILL ST
SILVER SLAM COMMERCIAL LLC
NEW YORK, NY 10001
30 HUDSON YARDS FL 72
COTTONWOOD VENTURES II LLC
DALLAS, TX 75367
PO BOX 670709
COTTONWOOD VENTURES I LLC
ASPEN, CO 81611
419 E HYMAN AVE
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
WENDELIN ASSOC
PITTSFORD , NY 14534
1173 PITTSFORD VICTOR RD #250
ASPEN GOLDEN HORN LLC
BEVERLY HILLS, CA 90212
9420 WILSHIRE BLVD 4TH FL
315 EAST HYMAN AVENUE HOLDINGS LLC
ASPEN, CO 81611
516 E HYMAN AVE
426 EAST HYMAN AVE LLC
ASPEN, CO 81612
PO BOX 4068
ASPEN HYMAN 409 LLC
BOYNTON BEACH, FL 33426
1660 S CONGRESS AVE #2
PALADINO LISA
ASPEN, CO 81612
PO BOX 2314
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
BELLA SUNRISE LLC
PALM BEACH, FL 33480
401 WORTH AVE #301
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
49
ISIS THEATRE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
406 E HOPKINS AVE
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
COX ANTHONY E LIVING TRUST
CAPITOLA, CA 95010
1260 41ST AVE #O
419 EAST HYMAN AVENUE LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
410 AH LLC
ASPEN, CO 81612
PO BOX 4068
WHEELER SQUARE CONDO ASSOC
ASPEN, CO 81611
315 E HYMAN AVE #305
GOLDEN HORN BUILDING CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
400 E COOPER AVE
PARAGON PENTHOUSE LLC
BEVERLY HILLS, CA 90212
9950 SANTA MONICA BLVD
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
413 EAST HYMAN AVENUE LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
400 HYMAN LLC
RIFLE, CO 816500351
PO BOX 351
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
CARLSON BRUCE E TRUST
ASPEN, CO 81612
PO BOX 3587
315 EAST HYMAN AVENUE HOLDINGS LLC
ASPEN, CO 81611
516 E HYMAN AVE
400 HYMAN LLC
RIFLE, CO 816500351
PO BOX 351
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
COTTONWOOD VENTURES II LLC
DALLAS, TX 75367
PO BOX 670709
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
BPOE ASPEN LODGE #224
ASPEN, CO 81611
510 E HYMAN AVE 3RD FL
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
WHITE RIVER HOLDINGS LLC
ASPEN, CO 81611
415 E HYMAN AVE # 401
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
TOM THUMB BUILDING CONDO ASSOC
ASPEN, CO 81611
400 E HYMAN AVE
401 HYMAN AVENUE LLC
SCOTTSDALE, AZ 852558712
25189 N 108TH WY
ELK MOUNTAIN HOSPITALITY LLC
ASPEN, CO 81611
328 E HYMAN AVE
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
50
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
400 HYMAN LLC
ASPEN, CO 816112118
1010 E HYMAN AVE
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
WENDELIN ASSOC
PITTSFORD , NY 14534
1173 PITTSFORD VICTOR RD #250
400 BUILDING LLC
BOCA RATON, FL 33432-3933
306 N PLAZA REAL
ASPEN GOLDEN HORN LLC
BEVERLY HILLS, CA 90212
9420 WILSHIRE BLVD 4TH FL
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
COTTONWOOD VENTURES II LLC
DALLAS, TX 75367
PO BOX 670709
315 EAST HYMAN AVENUE HOLDINGS LLC
ASPEN, CO 81611
516 E HYMAN AVE
KREVOY SUSANNE BELZBERG SP TRUST
SANTA MONICA, CA 90402
2311 LA MESA DR
DOWNTOWN 420 LLC
CALABASAS, CA 91302
23622 CALABASAS RD #200
419 AH LLC
ASPEN, CO 81612
PO BOX 4068
LEVY ASPEN RESIDENCE TRUST
MIAMI BEACH, FL 33140
5959 COLLINS AVE
SILVER SLAM COMMERCIAL LLC
NEW YORK, NY 10001
30 HUDSON YARDS FL 72
OSA TRUST
SANTA MONICA, CA 90402
2311 LA MESA DR
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
DOWNTOWN 420 LLC
CALABASAS, CA 91302
23622 CALABASAS RD #200
414 422 EAST COOPER AVENUE LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
DOWNTOWN 420 LLC
CALABASAS, CA 91302
23622 CALABASAS RD #200
FOOTLOOSE MOCCASIN MAKERS INC
CANON CITY , CO 812129484
44 SILVERADO CT
204 S GALENA ST LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
F & M VENTURES LLC
ASPEN, CO 81611
415 E HYMAN AVE
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
ASPEN FILM
ASPEN, CO 816111461
110 E HALLAM ST #103
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
315 E HYMAN AVE HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
51
WENDELIN ASSOC
PITTSFORD , NY 14534
1173 PITTSFORD VICTOR RD #250
G & K LAND CO LLC
CARBONDALE, CO 81623
0167 WILLOW LN
HINDERSTEIN FAM REV TRUST
GREENBANK, WA 98253
4415 HONEYMOON BAY RD
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
MILL STREET PLAZA ASSOC LLC
ASPEN , CO 81611
602 E COOPER #202
BLAU JEFF T
NEW YORK, NY 10023
60 COLUMBUS CR 19TH FL
HOPKINS ASPEN HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102 B #401
HOPKINS ASPEN HOLDINGS LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102 B #401
BRAND BUILDING LLC
ASPEN, CO 81611
205 S GALENA ST
BPOE CONDO ASSOC
ASPEN, CO 81611
510 E HYMAN AVE THIRD FLOOR
COLLINS BLOCK LLC
ASPEN, CO 81611
205 S GALENA ST
52
C:\General CADD 12\Gxd\10100AB.gxd -- 01/10/2017 -- 01:07 PM -- Scale 1 : 120.000000
53
UP
UP
UP
DN
UP
DN
UP
DN
DN
DN
4
4
1
1
E E
A A
1929 SF
LOWER LEVEL -
COMMERCIAL
60 SF
LOWER LEVEL STAIR
#2 - COMMERCIAL
51 SF
LOWER LEVEL
ELEVATOR - NON-UNIT
187 SF
LOWER LEVEL STAIR
#1 - COMMERCIAL
NET AREA LEGEND:
1 - COMMERCIAL
4 - NON-UNIT
76 SF
LOWER LEVEL
MECHANICAL -
NON-UNIT
CC
DD
BB
2
23
3
238 SF
LOWER LEVEL
MECHANICAL -
COMMERCIAL
42 SF
LOWER LEVEL LOBBY
- COMMERCIAL
81 SF
LOWER LEVEL -
COMMERCIAL
4
4
1
1
E E
A A
532 SF
GARAGE &
SERVICE/TRASH AREA
51 SF
MAIN LEVEL STAIR #2
TO LOWER LEVEL -
COMMERCIAL
1486 SF
MAIN LEVEL -
COMMERCIAL
51 SF
MAIN LEVEL
ELEVATOR - NON-UNIT
98 SF
MAIN LEVEL STAIR #1
TO LOWER LEVEL -
COMMERCIAL
84 SF
MAIN LEVEL STAIR #1
FROM SECOND LEVEL
- NON-UNIT
NET AREA LEGEND:
1 - COMMERCIAL
4 - NON-UNIT
5 - EXTERIOR
EXEMPT
85 SF
MAIN LEVEL STAIR #3
FROM SECOND LEVEL
- NON-UNIT
115 SF
MAIN LEVEL REAR
LOBBY - NON-UNIT
60 SF
MAIN LEVEL AIR LOCK
- NON-UNIT
50 SF
RESTROOM -
COMMERCIAL
55 SF
MAIN LEVEL EXTERIOR
REAR ENTRY STOOP
9 SF
VERTICAL MECH.
CHASE - EXEMPT
CC
DD
BB
2
23
3
1
14
4
1
1
E E
A A
501 SF
AHU #1 - STUDIO
959 SF
AHU #3 - 2 BEDROOM
328 SF
SECOND LEVEL
HALLWAY - NON-UNIT
506 SF
AHU #2 - STUDIO
51 SF
SECOND LEVEL
ELEVATOR - NON-UNIT
180 SF
SECOND LEVEL -
COMMERCIAL
52 SF
SECOND LEVEL STAIR
#1 TO MAIN LEVEL -
NON-UNIT
29 SF
FREE-MARKET STAIR
LOWER - EXEMPT
85 SF
SECOND LEVEL STAIR
#3 TO MAIN LEVEL -
NON-UNIT
NET AREA LEGEND:
1 - COMMERCIAL
2 - AFFORDABLE HOUSING UNIT
3 - FREE-MARKET UNIT
4 - NON-UNIT
EXEMPT
18 SF
FREE-MARKET UNIT -
LOWER
9 SF
VERTICAL MECH.
CHASE - EXEMPT
CC
DD
BB
2
23
3
1
1
1 1
4
4
1
1
E E
A A
1801 SF
FREE-MARKET UNIT -
UPPER
333 SF
FREE-MARKET DECK -
UPPER
76 SF
FREE-MARKET STAIR
UPPER - EXEMPT
ELEVATED
GREEN
ROOF
NET AREA LEGEND:
3 - FREE-MARKET UNIT
5 - EXTERIOR
EXEMPT
51 SF
THIRD LEVEL
ELEVATOR - EXEMPT
CC
DD
BB
2
23
3
12 SF
VERTICAL MECH.
CHASE - EXEMPT AREA
1
1
1
1
CHARLES
CUNNIFFE
ARCHITECTS
COPYRIGHT CHARLES CUNNIFFE ARCHITECTSC
610 EAST HYMAN AVE.
ASPEN, CO 81611
TEL: 970.925.5590
FAX: 970.920.4557
cunniffe.com
SHEET NO.
JOB NO.8/21/2020 10:48:20 AMA0.19
1716
PROPOSED NET
LEASABLE / NET
LIVABLE AREAS420 E. HYMAN420 E. HYMAN AVE.ASPEN, CO 81611 1/8" = 1'-0"
1 LOWER LEVEL NET LEASABLE
1/8" = 1'-0"
2 MAIN LEVEL NET LEASABLE
1/8" = 1'-0"
3 SECOND LEVEL NET LEASABLE
1/8" = 1'-0"
4 THIRD LEVEL NET LEASABLE
NET LEASABLE / NET LIVABLE S.F. TABULATION
Level Name Area NET LEASABLE / NET LIVABLE
4 - NON-UNIT
LOWER LEVEL LOWER LEVEL ELEVATOR - NON-UNIT 51 SF NON-UNIT
LOWER LEVEL LOWER LEVEL MECHANICAL - NON-UNIT 76 SF NON-UNIT
MAIN LEVEL MAIN LEVEL AIR LOCK - NON-UNIT 60 SF NON-UNIT
MAIN LEVEL MAIN LEVEL ELEVATOR - NON-UNIT 51 SF NON-UNIT
MAIN LEVEL MAIN LEVEL REAR LOBBY - NON-UNIT 115 SF NON-UNIT
MAIN LEVEL MAIN LEVEL STAIR #1 FROM SECOND LEVEL - NON-UNIT 84 SF NON-UNIT
MAIN LEVEL MAIN LEVEL STAIR #3 FROM SECOND LEVEL - NON-UNIT 85 SF NON-UNIT
SECOND LEVEL SECOND LEVEL ELEVATOR - NON-UNIT 51 SF NON-UNIT
SECOND LEVEL SECOND LEVEL HALLWAY - NON-UNIT 328 SF NON-UNIT
SECOND LEVEL SECOND LEVEL STAIR #1 TO MAIN LEVEL - NON-UNIT 52 SF NON-UNIT
SECOND LEVEL SECOND LEVEL STAIR #3 TO MAIN LEVEL - NON-UNIT 85 SF NON-UNIT
4 - NON-UNIT 1039 SF
5 - EXTERIOR
MAIN LEVEL GARAGE & SERVICE/TRASH AREA 532 SF EXEMPT
MAIN LEVEL MAIN LEVEL EXTERIOR REAR ENTRY STOOP 55 SF EXEMPT
THIRD LEVEL FREE-MARKET DECK - UPPER 333 SF EXEMPT
5 - EXTERIOR 920 SF
NET LEASABLE / NET LIVABLE S.F. TABULATION
Level Name Area NET LEASABLE / NET LIVABLE
2 - AFFORDABLE HOUSING UNIT
SECOND LEVEL AHU #1 - STUDIO 501 SF NET LIVABLE
SECOND LEVEL AHU #2 - STUDIO 506 SF NET LIVABLE
SECOND LEVEL AHU #3 - 2 BEDROOM 959 SF NET LIVABLE
2 - AFFORDABLE HOUSING UNIT 1967 SF
3 - FREE-MARKET UNIT
SECOND LEVEL FREE-MARKET UNIT - LOWER 18 SF NET LIVABLE
THIRD LEVEL FREE-MARKET UNIT - UPPER 1801 SF NET LIVABLE
3 - FREE-MARKET UNIT 1819 SF
NET LEASABLE / NET LIVABLE S.F. TABULATION
Level Name Area NET LEASABLE / NET LIVABLE
1 - COMMERCIAL
LOWER LEVEL LOWER LEVEL - COMMERCIAL 1929 SF NET LEASABLE
LOWER LEVEL LOWER LEVEL - COMMERCIAL 81 SF NET LEASABLE
LOWER LEVEL LOWER LEVEL LOBBY - COMMERCIAL 42 SF NET LEASABLE
LOWER LEVEL LOWER LEVEL MECHANICAL - COMMERCIAL 238 SF NET LEASABLE
LOWER LEVEL LOWER LEVEL STAIR #1 - COMMERCIAL 187 SF NET LEASABLE
LOWER LEVEL LOWER LEVEL STAIR #2 - COMMERCIAL 60 SF NET LEASABLE
MAIN LEVEL MAIN LEVEL - COMMERCIAL 1486 SF NET LEASABLE
MAIN LEVEL MAIN LEVEL STAIR #1 TO LOWER LEVEL - COMMERCIAL 98 SF NET LEASABLE
MAIN LEVEL MAIN LEVEL STAIR #2 TO LOWER LEVEL - COMMERCIAL 51 SF NET LEASABLE
MAIN LEVEL RESTROOM - COMMERCIAL 50 SF NET LEASABLE
SECOND LEVEL SECOND LEVEL - COMMERCIAL 180 SF NET LEASABLE
1 - COMMERCIAL 4402 SF
ISSUE: DATE:
PERMIT SUBMITTAL 3/13/17
PERMIT RESUB. 2/27/18
CDs 01/31/19
PERMIT CO #1 8/14/20
ZONING
4401 SF 1038 SF
1
1
1
1
1
54
UP
UP
UP
DN
UP
DN
UP
DN
DN
DN
4
4
1
1
E E
A A
CC
DD
BB
2
23
3
1648
SF
LOWER LEVEL -
COMMERCIAL -
SECOND TIER
60 SF
LOWER LEVEL
STAIR #2 -
COMMERCIAL -
SECOND TIER
51 SF
LOWER LEVEL
ELEVATOR -
BUILDING COMMON
187 SF
LOWER LEVEL
STAIR #1 -
COMMERCIAL -
SECOND TIER
NET AREA LEGEND:
BUILDING COMMON
SECOND TIER
SHARED COMMERCIAL
76 SF
LOWER LEVEL
MECHANICAL -
BUILDING COMMON
238 SF
LOWER LEVEL
MECHANICAL -
SHARED
COMMERCIAL
42 SF
LOWER LEVEL
LOBBY -
COMMERCIAL -
SECOND TIER
81 SF
LOWER LEVEL -
COMMERCIAL -
SECOND TIER
185 SF
LOWER LEVEL -
COMMERCIAL -
SECOND TIER
96 SF
LOWER LEVEL
CORRIDOR -
SHARED
COMMERCIAL
4
4
1
1
E E
A A
CC
DD
BB
2
23
3
532 SF
GARAGE &
SERVICE/TRASH
AREA - BUILDING
COMMON
51 SF
MAIN LEVEL STAIR
#2 TO LOWER
LEVEL -
COMMERCIAL -
SECOND TIER
1327 SF
MAIN LEVEL -
PRIME
COMMERCIAL
51 SF
MAIN LEVEL
ELEVATOR -
BUILDING COMMON
98 SF
MAIN LEVEL STAIR
#1 TO LOWER
LEVEL -
COMMERCIAL -
SECOND TIER
84 SF
MAIN LEVEL STAIR
#1 FROM SECOND
LEVEL - BUILDING
COMMON
NET AREA LEGEND:
BUILDING COMMON
EXEMPT
PRIME COMMERCIAL
SECOND TIER
SHARED COMMERCIAL
85 SF
MAIN LEVEL STAIR
#3 FROM SECOND
LEVEL - BUILDING
COMMON
115 SF
MAIN LEVEL REAR
LOBBY - BUILDING
COMMON
60 SF
MAIN LEVEL AIR
LOCK - BUILDING
COMMON
50 SF
RESTROOM -
SHARED
COMMERCIAL
55 SF
MAIN LEVEL
EXTERIOR REAR
ENTRY STOOP -
BUILDING COMMON
9 SF
VERTICAL MECH.
CHASE - BUILDING
COMMON - EXEMPT
1486 SF
4
4
1
1
E E
A A
CC
DD
BB
2
23
3
501 SF
RESIDENTIAL -
AFFORDABLE #1
959 SF
RESIDENTIAL -
AFFORDABLE #3
328 SF
SECOND LEVEL
HALLWAY -
BUILDING EXEMPT
506 SF
RESIDENTIAL -
AFFORDABLE #2
51 SF
SECOND LEVEL
ELEVATOR -
BUILDING COMMON
180 SF
SECOND LEVEL -
COMMERCIAL -
SECOND TIER
52 SF
SECOND LEVEL
STAIR #1 TO MAIN
LEVEL - BUILDING
EXEMPT
29 SF
RESIDENTIAL
FREE-MARKET
STAIR LOWER -
EXEMPT
85 SF
SECOND LEVEL
STAIR #3 TO MAIN
LEVEL - BUILDING
COMMON
NET AREA LEGEND:
AFFORDABLE
BUILDING COMMON
EXEMPT
FREE MARKET
SECOND TIER
18 SF
RESIDENTIAL
FREE-MARKET UNIT
- LOWER
9 SF
VERTICAL MECH.
CHASE - BUILDING
COMMON - EXEMPT
4
4
1
1
E E
A A
CC
DD
BB
2
23
3
1801 SF
RESIDENTIAL -
FREE-MARKET
333 SF
RESIDENTIAL -
FREE-MARKET -
DECK
76 SF
RESIDENTIAL -
FREE-MARKET -
EXEMPT
ELEVATED
GREEN
ROOF
NET AREA LEGEND:
EXEMPT
FREE MARKET
51 SF
THIRD LEVEL
ELEVATOR -
BUILDING COMMON
- EXEMPT
12 SF
VERTICAL MECH.
CHASE - BUILDING
COMMON - EXEMPT
AREA
CHARLES
CUNNIFFE
ARCHITECTS
COPYRIGHT CHARLES CUNNIFFE ARCHITECTSC
610 EAST HYMAN AVE.
ASPEN, CO 81611
TEL: 970.925.5590
FAX: 970.920.4557
cunniffe.com
SHEET NO.
JOB NO.10/29/2021 1:50:40 PMA0.19a
1716
EXISTING NET
LIVEABLE/LEASEABLE420 E. HYMAN420 E. HYMAN AVE.ASPEN, CO 81611ISSUE: DATE:
PERMIT CO #1 8/14/20
1
LOWER LEVEL NET LIVEABLE/
LEASABLE2
MAIN LEVEL NET LIVEABLE/
LEASABLE3
SECOND LEVEL NET LIVEABLE/
LEASABLE4
THIRD LEVEL NET LIVEABLE/
LEASABLE
55
UP
UP
UP
DN
UP
DN
UP
DN
DN
DN
4
4
1
1
E E
A A
CC
DD
BB
2
23
3
1648
SF
LOWER LEVEL -
COMMERCIAL -
SECOND TIER
60 SF
LOWER LEVEL
STAIR #2 -
COMMERCIAL -
SECOND TIER
51 SF
LOWER LEVEL
ELEVATOR -
BUILDING COMMON
187 SF
LOWER LEVEL
STAIR #1 -
COMMERCIAL -
SECOND TIER
NET AREA LEGEND:
BUILDING COMMON
SECOND TIER
SHARED COMMERCIAL
76 SF
LOWER LEVEL
MECHANICAL -
BUILDING COMMON
238 SF
LOWER LEVEL
MECHANICAL -
SHARED
COMMERCIAL
42 SF
LOWER LEVEL
LOBBY -
COMMERCIAL -
SECOND TIER
81 SF
LOWER LEVEL -
COMMERCIAL -
SECOND TIER
185 SF
LOWER LEVEL -
COMMERCIAL -
SECOND TIER
96 SF
LOWER LEVEL
CORRIDOR -
SHARED
COMMERCIAL
OPENING OF STAIR
FROM ABOVE
4
4
1
1
E E
A A
CC
DD
BB
2
23
3
532 SF
GARAGE &
SERVICE/TRASH
AREA - BUILDING
COMMON
51 SF
MAIN LEVEL STAIR
#2 TO LOWER
LEVEL -
COMMERCIAL -
SECOND TIER
1327 SF
MAIN LEVEL -
PRIME
COMMERCIAL
51 SF
MAIN LEVEL
ELEVATOR -
BUILDING COMMON
98 SF
MAIN LEVEL STAIR
#1 TO LOWER
LEVEL -
COMMERCIAL -
SECOND TIER
84 SF
MAIN LEVEL STAIR
#1 FROM SECOND
LEVEL - BUILDING
COMMON
NET AREA LEGEND:
BUILDING COMMON
EXEMPT
PRIME COMMERCIAL
SECOND TIER
SHARED COMMERCIAL
85 SF
MAIN LEVEL STAIR
#3 FROM SECOND
LEVEL - BUILDING
COMMON
115 SF
MAIN LEVEL REAR
LOBBY - BUILDING
COMMON
60 SF
MAIN LEVEL AIR
LOCK - BUILDING
COMMON
50 SF
RESTROOM -
SHARED
COMMERCIAL
55 SF
MAIN LEVEL
EXTERIOR REAR
ENTRY STOOP -
BUILDING COMMON
9 SF
VERTICAL MECH.
CHASE - BUILDING
COMMON - EXEMPT
OPENING FOR STAIR TO
BELOW - 159 SF
4
4
1
1
E E
A A
CC
DD
BB
2
23
3
501 SF
RESIDENTIAL -
AFFORDABLE #1
959 SF
RESIDENTIAL -
AFFORDABLE #3
328 SF
SECOND LEVEL
HALLWAY -
BUILDING EXEMPT
506 SF
RESIDENTIAL -
AFFORDABLE #2
51 SF
SECOND LEVEL
ELEVATOR -
BUILDING COMMON
180 SF
SECOND LEVEL -
COMMERCIAL -
SECOND TIER
52 SF
SECOND LEVEL
STAIR #1 TO MAIN
LEVEL - BUILDING
EXEMPT
29 SF
RESIDENTIAL
FREE-MARKET
STAIR LOWER -
EXEMPT
85 SF
SECOND LEVEL
STAIR #3 TO MAIN
LEVEL - BUILDING
COMMON
NET AREA LEGEND:
AFFORDABLE
BUILDING COMMON
EXEMPT
FREE MARKET
SECOND TIER
18 SF
RESIDENTIAL
FREE-MARKET UNIT
- LOWER
9 SF
VERTICAL MECH.
CHASE - BUILDING
COMMON - EXEMPT
4
4
1
1
E E
A A
CC
DD
BB
2
23
3
1801 SF
RESIDENTIAL -
FREE-MARKET
333 SF
RESIDENTIAL -
FREE-MARKET -
DECK
76 SF
RESIDENTIAL -
FREE-MARKET -
EXEMPT
ELEVATED
GREEN
ROOF
NET AREA LEGEND:
EXEMPT
FREE MARKET
51 SF
THIRD LEVEL
ELEVATOR -
BUILDING COMMON
- EXEMPT
12 SF
VERTICAL MECH.
CHASE - BUILDING
COMMON - EXEMPT
AREA
CHARLES
CUNNIFFE
ARCHITECTS
COPYRIGHT CHARLES CUNNIFFE
ARCHITECTSC
610 EAST HYMAN AVE.
ASPEN, CO 81611
TEL: 970.925.5590
FAX: 970.920.4557
cunniffe.com
SHEET NO.
JOB NO.10/29/2021 1:50:42 PMA0.19b
1716
PROPOSED NET
LIVEABLE/LEASEABLE420 E. HYMAN420 E. HYMAN AVE.ASPEN, CO 81611ISSUE: DATE:
PERMIT CO #1 8/14/20
1
LOWER LEVEL NET LIVEABLE/
LEASABLE2
MAIN LEVEL NET LIVEABLE/
LEASABLE3
SECOND LEVEL NET LIVEABLE/
LEASABLE4
THIRD LEVEL NET LIVEABLE/
LEASABLE
56
57
58
1
Cindy Klob
From:Cindy Klob
Sent:Tuesday, January 4, 2022 4:41 PM
To:Kate Johnson
Subject:FW: Support for Banana Republic
Here is the email I just received.
Cindy Klob
Records Manager | City Clerk
(O): 970.429.2686 | (C): 970.309.8161
www.cityofaspen.com
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From: Leah Fielding <leah.fielding@gmail.com>
Sent: Tuesday, January 4, 2022 4:36 PM
To: Cindy Klob <cindy.klob@cityofaspen.com>
Subject: Support for Banana Republic
Hello there,
I am offering support for Banana Republic as a locally serving business, assuming the employee housing piece can be
met. I know Banana Republic once served the community and was one of the few places locals could shop back then,
well now we the options are even worse and it'd be great to see an "affordable‐leaning" business in that space.
I don't think the locals could take another luxury chain store...morale is low out there.
Thank you.
Leah Fielding
LinkedIn
720.237.9162