HomeMy WebLinkAboutagenda.hpc.20221026AGENDA
ASPEN HISTORIC PRESERVATION
COMMISSION
October 26, 2022
4:30 PM, City Council Chambers
427 Rio Grande Place
Aspen, CO 81611
I.ROLL CALL
II.MINUTES
III.PUBLIC COMMENTS
IV.COMMISSIONER MEMBER COMMENTS
V.DISCLOSURE OF CONFLICT OF INTEREST
VI.PROJECT MONITORING
VI.A
931 Gibson Avenue- Project Monitoring
VI.B Project Monitor list
VII.STAFF COMMENTS
VIII.CERTIFICATE OF NO NEGATIVE EFFECT ISSUED
IX.CALL UP REPORTS
X.SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS
XI.OLD BUSINESS
XII.NEW BUSINESS
XII.A
205 W. Main Street- Historic Preservation Conceptual Major Development,
Relocation, Certificates of Affordable Housing Credits, Growth Management Quota
System, Special Review, Transportation and Parking Management- PUBLIC
931 Gibson Project Monitoring Memo Oct 2022.pdf
PROJECT MONITORING_20220826.doc
1
HEARING
XIII.ADJOURN
XIV.NEXT RESOLUTION NUMBER
Memo_205 W. Main_Affordable Housing Development.pdf
Resolution_205 W. Main_AH Project.pdf
Exhibit A.1_HP Guidelines Criteria_Staff Findings.pdf
Exhibit A.2_Relocation Criteria_Staff Findings.pdf
Exhibit A.3_Growth Management Review Criteria_Staff Findings.pdf
Exhibit A.4_Certificates of Affordable Housing Credit_Staff Findings.pdf
Exhibit A.5_Special Review_Subgrade Living Area_Staff Findings.pdf
Exhibit A.6_Special Review Floor Area_Staff Findings.pdf
Exhibit A.7_Transportation & Parking Management.pdf
Exhibit A.8_Special Review to Waive Fee-In-Lieu for Parking.pdf
Exhibit B_DRC Referral Comments.pdf
Exhibit C_Public Comments.pdf
Exhibit D_205 W. Main HPC Major Development Application.pdf
Exhibit E_205 West Main-Conceptual Civil.pdf
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
(1 Hour, 10 Minutes for each Major Agenda Item)
1. Declaration of Conflicts of Interest (at beginning of agenda)
2. Presentation of proof of legal notice (at beginning of agenda)
3. Applicant presentation (20 minutes)
4. Board questions and clarifications of applicant (5 minutes)
5. Staff presentation (5 minutes)
6. Board questions and clarifications of staff (5 minutes)
7. Public comments (5 minutes total, or 3 minutes/ person or as determined by the Chair)
8. Close public comment portion of hearing
9. Applicant rebuttal/clarification (5 minutes)
10. Staff rebuttal/clarification (5 minutes)
End of fact finding. Chairperson identifies the issues to be discussed.
11. Deliberation by the commission and findings based on criteria commences. No further
input from applicant or staff unless invited by the Chair. Staff may ask to be recognized if
there is a factual error to be corrected. If the item is to be continued, the Chair may
provide a summary of areas to be restudied at their discretion, but the applicant is not to
re-start discussion of the case or the board’s direction. (20 minutes)
12. Motion
Updated: November 15, 2021
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Page 1 of 2
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Simon, Planning Director
MEETING DATE: October 26, 2022
RE: 931 Gibson Avenue- Project Monitoring
BACKGROUND: HPC Staff and Project Monitor Kara Thompson have been engaged in a
discussion on restoration of historic metal roof shingles at 931 Gibson Avenue for some time.
This building is the only example in town of original pressed metal shingles still in existence.
During the approval for the building rehabilitation and addition that are currently underway, the
representation was made that the shingles would be restored.
The condition of the shingles has since been determined to be far worse than previously
understood. The applicant has researched the history of the material and options for repair, and
proposes instead to replicate the shingles, including a painted finish (albeit a factory finish) that
was typical of these roofs in the 1800s. Please see the attached letter for further details.
Previous historic preservation staff and Ms. Thompson have been unwilling to approve
replacement at the staff and monitor level, so the applicant is approaching the board. HPC may
provide direction for staff and monitor to grant approval, or could direct the applicant to pursue a
Substantial Amendment, which is a public hearing process before HPC that allows for appeal to
City Council.
Preservation of original materials, particularly some as unique as found on this home, should be
a high priority for HPC. That said, it is not always possible. Similar to discussions that are had
about retaining original clapboard, for instance, the group reviewing this topic has considered
alternatives, including salvaging what’s usable and applying it in limited areas, such as the
dormers or the front porch. At this time the applicant is representing that nothing can be re-used.
Staff would like further discussion of the shingles on the front porch, since they are not over
conditioned space and therefore present more of an opportunity to be a non-functional cladding
over a weatherproof surface. The shingles on the porch roof are smaller than those on the main
pitch, also adding to the argument to attempt to reuse them. A decision would be needed whether
to clear coat or paint them.
On the main roof and dormers, staff supports replication. There has been some dialogue about
the existing patina on the roof having value, and that is appreciated, however this is arguably a
misrepresentation of the finish that would have existed originally. Staff finds that a new shingle
with a uniform painted surface should be allowed, however we also recommend that HPC require
the applicant to more clearly explain the difference between a “stocked” metal shingle option they
have identified, and a custom replica. If the material is to be replaced, it should be in-kind to the
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130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
greatest extent possible. Similarly, if the porch shingles are to be replaced, they should be
replaced to match the smaller sized shingles in place now.
The guidelines for HPC to consider are below. Please note that the comment about metal roofs
being inappropriate for AspenVictorian is for instances when the subject building did not
historically have a metal roof.
7.7 Preserve original roof materials.
• Avoid removing historic roofing material that is in good condition. When replacement is
necessary, use a material that is similar to the original in both style as well as physical
qualities and use a color that is similar to that seen historically.
7.8 New or replacement roof materials should convey a scale, color and texture similar
to the original.
• If a substitute is used, such as composition shingle, the roof material should be earth tone
and have a matte, non-reflective finish.
• Flashing should be in scale with the roof material.
• Flashing should be tin, lead coated copper, galvanized or painted metal and have a matte,
non-reflective finish.
• Design flashing, such as drip edges, so that architectural details are not obscured.
• A metal roof is inappropriate for an Aspen Victorian primary home but may be appropriate
for a secondary structure from that time period.
• A metal roof material should have a matte, non-reflective finish and match the original
seaming.
RECOMMENDATION: Staff recommends that to comply with the guidelines above, HPC direct
staff and monitor to allow replica shingles on the main roof and dormers, with a factory painted
finish. Staff recommends the applicant be required to provide measurements of the existing vs.
stock shingle and if they are not a close match, as custom replica should be required. Staff
recommends the existing shingles on the porch be required to be salvaged and re-used, even if
they are a non-functional cladding over a weatherproof finish. A determination as to whether the
porch shingles should be clear coated to preserve the existing appearance, or the rust removed
and paint applied, is needed.
ATTACHMENTS:
Applicant proposal
4
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
October 20, 2022
Aspen Historic Preservation Commission
c/o Amy Simon
Re: 931 Gibson Avenue, roof material – project monitoring
Dear HPC,
931 Gibson Avenue project was approved by HPC in 2019 and is currently under construction. The
historic landmarks (main house and one story rear addition) at 931 Gibson were constructed in
1888 on Main Street, relocated to 333 Park Avenue in 1962, and then relocated to 931 Gibson.
While located on Park Avenue, the historic buildings underwent major alterations including facing
the primary landmark toward the river at the top of the riverbank with primary access through the
rear of the building. The original one story addition was incorporated into a series of bandit
apartments attached to the side of the landmark. A proposal to relocate the landmark to a flat lot
on Gibson Avenue with views from the street was reviewed and approved by City Council in 2019.
Despite the major undertaking to restore the landmark to its original appearance, City Council
prohibited the 931 property from ever requesting a floor area bonus and the project did not request
any variances. 931 Gibson is the final resting place for the landmarks, where they are approved to
be fully restored and placed on a new basement foundation with a new design guideline compliant
addition.
The steel/tin hybrid roof at 931 Gibson is
original based on the 1893 Sanborn Fire
Insurance Map that identifies materials.
Pressed tin roofs were popular in the 19th
century due to low cost, lightweight, and
low maintenance material. Historic
photographs of the landmark show the
roof painted red in keeping with 19th
century architect A.J. Davis’ pattern
books. In addition to being stylish,
painting preserved and sealed the metal.
During the development of our
preservation plan to restore the
buildings, we were hopeful that we could
reuse the existing tin shingles and apply
a clear coat to preserve the patina and
protect from further deterioration.
Figure 1: Tin/steel roof when building was located at 333 Park Avenue.
5
The tin shingles are 133 years old and are
in much rougher shape than we initially
thought. They are split, have holes, are
severely deteriorated, and many have
broken interlocking flanges. The original
plan was to use replica shingles as infill
where needed, however this idea is not
going to work. The original shingles
(Figure 2) lock together and are attached
to the roof substrate with nails. Cortright
metal slates had only been in production
for 1 year when they were used on the
historic home at 931 Gibson. The new
technology had not been tested and,
according to an expert from Fine Metal
Roof Tech, the shingle did not perform
when they were originally installed. Fine
Metal Roof Tech just completed a reroof
of a historic building in Dallas with similar
roof shingles.
Before the house was relocated to Gibson
Avenue, the shingles were documented
and removed to stabilize the sagging roof,
and prepare it for relocation. Water
damage was found in the ceiling of the
historic home and the roof was unstable.
Based on photographs from previous
owner Dieter Bibbig, we can surmise that
the roof was painted red when it was
relocated to Park Avenue in 1962. We
have not found any evidence that the
roof was ever repainted or maintained
after 1962 which likely explains the
extensive interior water damage and
sagging roof condition prior to relocation
to Gibson.
The locking flanges on most shingles is broken or so damaged that it will not fit into a replica shingle.
The locking flanges must be a tight fit or the roof will leak. Even if an exact match of the original
shingle can be fabricated, a weather tight roof is imperative and the combination of new and
historic shingles will not be weather tight as the two systems do not lock together correctly as
confirmed with a roof restoration company in the Carolinas and a different roof restorer in Utah
that specialize in this type of work.
Insurance is another major issue for the homeowner. Reusing the existing deteriorated shingles
results in a 5-year craftsmanship warranty from the roofer only. The typical 30 year warranty on a
metal roof only applies to the replica shingle. It is expected that some elements of a historic home
Figure 2: Detail photograph of tin/steel roof when located at 333 Park Avenue.
Figure 3: Catalogue of “Cortright metal slates” which was likely used on the 931 Gibson roof.
6
that are not under warranty – for example historic windows or historic siding. Of all the features of
a historic home, the foundation and the roof are arguably the most important elements that need
to be weather tight, stable, and to fully qualify under today’s warranty system.
Historic Preservation Design Guidelines address the importance of maintaining historic roof
material that is in good condition. The guidelines recognize that roof materials have a life span and
a weather tight roof is vital. As stated in the design guidelines “exterior roof materials like shingles
are usually not original on Aspen Victorian properties due to age and replacement over time…When
repairing or altering a historic roof, do not remove significant materials that are in good condition.
Always repair materials when feasible.”
Request
Use a replica shingle that closely matches the existing
shingles on all roof surfaces that were historically metal
shingle. The proposed finish is steel. It turns out that the
metal roofs likely failed because they were painted – once
installed only the top could be painted so rust permeated
from the bottom through the top of the shingle. Note: We
explored leaving the historic shingles on the porch roof,
however this is not feasible due to the condition of the
shingles. The porch shingles are on the roof currently if HPC
wants to do a site visit.
Replacement replica shingles for the historic home
complies with Guideline 7.7 and 7.8.
7.7 Preserve original roof materials.
• Avoid removing historic roofing material that is in good condition.
• When replacement is necessary, use a material that is similar to the original in both style as
well as physical qualities and use a color that is similar to that seen historically.
7.8 New or replacement roof materials should convey a scale, color and texture similar to the
original.
• If a substitute is used, such as composition shingle, the roof material should be earth tone
and have a matte, non-reflective finish.
• Flashing should be in scale with the roof material.
• Flashing should be tin, lead coated copper, galvanized or painted metal and have a matte,
non-reflective finish.
• Design flashing, such as drip edges, so that architectural details are not obscured.
• A metal roof is inappropriate for an Aspen Victorian primary home but may be appropriate
for a secondary structure from that time period.
• A metal roof material should have a matte, nonreflective finish and match the original
seaming.
The intent was to repair and restore the original roof, but the original shingles are not in good, or
even fair, condition. There were no project variances or benefit granted or tied to using the original
damaged shingles. This roof is 133 years old with no maintenance for the past 60 years. Materials
are not meant to last forever and this roof is at the end of its functional lifecycle. We never want
Figure 4: Sample replica shingle.
7
to get rid of original materials – it is always a last resort, but we also do not want to cause structural
damage to the building through a leaking roof. This is a very challenging decision for the Board that
we take very seriously. We only request consideration to replace the roof material after very careful
research and numerous discussions with roofing experts, specialists, and the homeowner insurance
company. Thank you for your consideration of this request.
Kind Regards,
Sara Adams, AICP
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HPC PROJECT MONITORS -projects in bold are permitted or under construction
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10/21/2022
Kara Thompson 931 Gibson
300 E. Hyman
201 E. Main
333 W. Bleeker
234 W. Francis
Skier’s Chalet Steakhouse
423 N. Second
135 E. Cooper
101 W. Main (Molly Gibson Lodge)
720 E. Hyman
304 E. Hopkins
930 King
312 W. Hyman
Jeff Halferty 208 E. Main
533 W. Hallam
110 W. Main, Hotel Aspen
105 E. Hallam
134 E. Bleeker
300 E. Hyman
434 E. Cooper, Bidwell
414-420 E. Cooper, Red Onion/JAS
517 E. Hopkins
Lift 1 corridor ski lift support structure
227 E. Bleeker
211 W. Hopkins
211 W. Main
204 S. Galena
215 E. Hallam
Roger Moyer 105 E. Hallam
300 W. Main
227 E. Main
110 Neale
517 E. Hopkins
Skier’s Chalet Lodge
202 E. Main
305-307 S. Mill, Grey Lady
320 E. Hyman (Wheeler Opera House, solar panels)
611 W. Main
Sheri Sanzone 110 W. Main, Hotel Aspen
920 E. Hyman
209 E. Bleeker
820 E. Cooper
125 W. Main
Skier’s Chalet Steakhouse
Skier’s Chalet Lodge
Lift One Park
423 N. Second
420 E. Hyman
121 W. Bleeker
Jodi Surfas 202 E. Main
305-307 S. Mill, Grey Lady
320 E. Hyman (Wheeler Opera House, solar panels)
611 W. Main
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HPC PROJECT MONITORS -projects in bold are permitted or under construction
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10/21/2022
Peter Fornell 304 E. Hopkins
930 King
135 W. Francis
233 W. Bleeker
Barb Pitchford 121 W. Bleeker
312 W. Hyman
Need to assign: 520 E. Cooper
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Page | 1
MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Simon, Planning Director
Kevin Rayes, Planner
RE: 205 W. Main Street | Historic Preservation Conceptual Major Development |
Relocation | Certificates of Affordable Housing Credits | Growth Management
Quota System | Special Review | Transportation and Parking Management
PUBLIC HEARING
MEETING DATE: October 26, 2022
Applicant/Owner:
Conservation Housing Partners LLC, c/o
Michael Brown
605 W. Main Street, Suite 2, Aspen, CO
81611
Representatives:
Clauson Rawley Associates, Inc. (FKA
Stan Clauson Associates, Inc.)
Location:
Street Address:
205 W. Main Street
Legal Description:
Lots H and I and the East fifteen (15’)
feet of Lot G, Block 52, City and Townsite
of Aspen, Pitkin County, Colorado
Parcel Identification Number:
PID# 2735-124-54-003
Current Zoning & Use:
Mixed Use (MU), Single Family Home
Proposed Zoning & Use:
Mixed Use (MU), Multi-family Affordable
Housing
Summary:
The applicant requests Conceptual Major Development,
Relocation, Certificates of Affordable Housing Credits, Growth
Management Quota system, Special Review, and
Transportation and Parking Management to develop nine
affordable housing units on the subject property. The existing
historic resource is to be moved towards the northeast corner
of the site, with new development to be placed along the alley
and the west side of the property. Two of the units will be
located within the landmark structure, four of the units will be
located within the west building, and three units are proposed
in an alley structure. Staff recommends approval of the project,
subject to the conditions listed in the proposed resolution.
Figure 1: Subject Property | 205 W. Main Street
205
Figure 2: Subject Property | View from Main Street
11
Page | 2
REQUEST OF THE HISTORIC PRESERVATION COMMISSION:
The Applicant is requesting the following approvals from the Historic Preservation Commission:
• Major Development (Section 26.415.070.D) to demolish a small non-historic addition to the
Victorian, as well as three non-historic sheds, and to construct two new detached buildings
which form an “L” shape along the rear and west sides of the historic resource.
• Relocation (Section 26.415.090) to move the historic resource onto a new basement.
• Growth Management (Section 26.470.050.B) & (Section 26.470.070.4) to develop nine
affordable housing units on the property.
• Special Review (Section 26.430.040.A) to allow an increase in maximum floor area.
• Special Review (Section 26.430.040.I) to vary subgrade living area from the dimensional
standards prescribed in the Land Use Code and APCHA development Guidelines.
• Transportation & Parking Management (Section 26.515.010) to meet onsite parking and
Transportation Mitigation standards and Special Review to waive cash-in-lieu for remaining
parking requirements.
• Certificates of Affordable Housing Credit (Section 26.540 ) to issue the Certificate of
Affordable Housing Credit.
BACKGROUND:
205 W. Main Street is a landmarked property located within the Mixed-Use (MU) zone district and
the Main Street Historic District. The property contains a Victorian-era single-family dwelling and
non-historic shed structures on a 7,500 sq. ft. lot. The dwelling was constructed circa 1890 and
moved to its current location in 1949, where the Chisholm family made it their long-time home.
The original design and materials of the resource are substantially intact,, including wood siding
and shingles in the gables, a porch with original decorative features, and a dormer as originally
constructed. Much of the outdoor vegetation appears consistent with the historic landscape from
the time the cottage was relocated.
PROJECT SUMMARY:
The applicant proposes to develop nine affordable housing units on the property. These units are
not required for mitigation purposes and are intended to generate Certificates of Affordable
Housing Credits, which can be used to meet mitigation requirements for other projects.
The dwelling units will be housed in three different structures . Two of the units will be located
within the historic resource, four of the units will be located within a proposed building located
adjacent to the historic structure, and three of the units will be in a new structure located at the
rear of the property. A mix of two and three-bedroom dwelling units are proposed.
Both new buildings are detached from the landmark structure. All improvements will comply with
the setback and height standards prescribed within the Mixed -Use (MU) zone district. A total of
seven off-street parking spaces are proposed at the rear of the property.
Pending approval of this application, a total of 24.3 Affordable Housing Certificates w ill be
generated, which is consistent with the Land Use Code (Table I).
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Page | 3
STAFF COMMENTS:
Staff comments are broken down below, based on code section. Each topic is addressed in
further detail in an associated exhibit to this memo.
Conceptual Major Development and Relocation:
To develop this property as multi-family housing, the applicant proposes to site the historic
resource prominently at a street intersection, free-standing and exposed to view/public enjoyment
on all sides, and in a traditional landscaped setting abutted with grass, planting beds and outdoor
living space. Staff supports the plan to re -position the Victorian. It is not original to this site and
there is not a strong historic context on this block-face. The building will have high public visibility
and will be among a small group of Victorian homes preserved in Aspen with no addition.
New construction is to be placed to the rear and side of the historic home. No site plan related
variations are needed for this project. Staff finds the amount of unbuilt area in the form of front
and side setbacks, and the common space between the structures, to create the si te porosity
called for in the design guidelines. In addition, the public right -of-way on the east side of the lot
is to be converted from head in parking to a lawn with grass and street trees, which will restore a
historic landscape condition that has been lost for many years.
Staff does recommend some restudy, clarified in the exhibit and resolution, to ensure that the
walkway approaching the resource is appropriately scaled, and that the landscape is simple and
designed for functional use by residents.
Placement of parking and other infrastructure needs at the rear of the lot is appropriate. The
applicant proposes demolition of some clearly not historic sheds that are currently in this area.
Further information on the plan for stormwater management is being prepared by the applicant
and will be presented to HPC.
Specifics of building restoration, building materials, landscape and lighting will be addressed at
Final, however staff has identified one massing related restoration opportunity to be guaran teed
now, which is the removal of a section of over-framed roof at the rear of the structure, to restore
the original roofline.
Regarding the proposed new structure, staff finds that compatibility is achieved along the Main
Street and First Street frontages, particularly where gable roofs of a similar height and proportion
to the Victorian’s are placed adjacent to the resource. Additionally, the strong front porch
relationship on Main and the uniform first floor plate height carried through the development
achieves an appropriate scale relationship. Although there is third floor living space in the new
structure, where it is closest to the historic resource it is entirely encompassed in a pitched roof
with no sidewalls. Clearly the new development is larger than the resource. This is permitted by
the zone district. The key is to mitigate impacts, which has been pursued by both the site plan
choices and the architectural design.
Staff supports the proposed new structures as the appropriate gestures towar ds the historic
resource have been made. Compatibility is being achieved by the new structure referencing the
historic building, but not copying it, through form, materials and fenestration .
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Page | 4
Bldg. A
(Landmark)
Beds Lower
Level (sf)
1st Level
(sf)
2nd Level
(sf)
Total
(sf)
Min.
(sf)
Difference
(sf)
% Below
Grade
Unit 1 3 482 415 276 1,173 1,200 27 below 41%
Unit 2 2 428 394 X 822 900 78 below 52%
Table I: Unit Size/Configuration within Landmark Building “A”
Growth Management, Special Review and
Certificates of Affordable Housing Credits:
As previously mentioned, a total of nine units
are proposed for development. Two of the
units will be located within the landmark
structure (“Bldg. A”), four of the units will be
located within a new building adjacent to the
historic landmark (“Bldg. B”), and three units
will be located within a new building located at
the rear of the property (“Bldg. C”). A mix of
two and three-bedroom dwelling units are
proposed.
As represented in Tables I-III, eight of the nine
units fall slightly below the minimum unit size
standards required by APCHA.
Additionally, the Code discourages more than
fifty percent of Net Livable Area to be located
below grade. Four of the nine units exceed this
threshold by a slight margin.
When minimum unit size is not met, or when more than half the livable area of a unit is located
below grade, alternative amenities that contribute towards livability may be considered. Unit
size may be reduced by up to twenty percent and subgrade area may exceed fifty percent if
a mix of the following amenities are provided:
Bldg. A
(Landmark) Bldg. B
(New Addition)
Bldg. C
(New Addition)
Parking Area
Figure 3: Proposed Site Plan
Bldg. B
(Addition)
Beds Lower
Level (sf)
1st Level
(sf)
2nd Level
(sf)
3rd Level
(sf)
Total
(sf)
Min.
(sf)
Difference
(sf)
% Below
Grade
Unit 3 2 465 431 X X 896 900 4 below 52%
Unit 4 2 492 423 X X 915 900 15 above 54%
Unit 5 3 X X 1,089 X 1,089 1,200 111 below X
Unit 6 2 X X X 866 866 900 34 below X
Table II: Unit Size/Configuration within New Addition Building “B”
Bldg. C
(Addition)
Beds Lower
Level (sf)
1st Level
(sf)
2nd Level
(sf)
3rd Level
(sf)
Total
(sf)
Min.
(sf)
Difference
(sf)
% Below
Grade
Unit 7 2 442 422 X X 864 900 36 below 51%
Unit 8 3 X X 1,176 X 1,176 1,200 24 below X
Unit 9 3 X X X 1,048 1,048 1,200 152 below X
Table III: Unit Size/Configuration within New Addition Building “C”
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Page | 5
1. Significant storage space located outside the unit:
As represented in Table IV, a total of nine external storage units are proposed. The units
vary in size between approximately 11 sq. ft. to 21 sq. ft. Staff has included a condition of
approval that prioritizes the larger storage areas for use by the three-bedroom dwelling
units and the smaller storage areas for use by the two-bedroom dwelling units.
Number of
Storage Units
Approximate
Unit Size (per unit)
3 ~11 sq. ft.
2 ~13 sq. ft.
2 ~18 sq. ft.
2 ~21 sq. ft.
2. Efficient, flexible layout with limited hall and staircase space:
While the floorplan of each unit is unique, staff finds that the general layout of the units
provide an efficient use of space. Each bedroom has its own closet, each unit will include
a washer and dryer, and the kitchen and general living area of each unit is large enough to
accommodate multiple tenants.
3. Availability of site amenities, such as pool or proximity to park or open space:
The property includes several shared open areas as well as private open space. As
depicted in Figure 4, some of the units contain outdoor decks and patios. The front yard
also provides valuable common outdoor area.
The application makes representations that the space between buildings may fun ction as
an area for tenants to congregate, grill and socialize, which is something that staff supports
as an on-site amenity. With that said, staff does encourage the applicant to consider the
practicality of how the space between buildings might be used. For example, the area
between the historic resource and the rear building will likely be shaded for much of the day.
Table IV: External Storage Units
Figure 4: Outdoor Open Space, Patios, and Decks
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Page | 6
Ice buildup may cause hazardous walking conditions or render the space unusable during
winter months. Ice-melt might be an appropriate option for this area. Additionally, this space
is located adjacent to the windows and window-wells of several dwelling units. The noise
from social gatherings may adversely impact the well-being of tenants located in adjacent
units. Noise-reducing glass or other noise mitigation features within this area might be
worthy of consideration.
Lastly, the prime location of this property cannot be overstated. As depicted in Figure 6,
205 W. Main is located 0.2 miles (or four minutes walking) from the Commercial Core
(CC). The property is located one block from Paepcke park and is adjacent to the RFTA
bus line. The proximity to jobs, public transportation, recreation, and other services is
perhaps the most notable contributor towards the livability of these units.
Figure 5: First Floor Outdoor Common Area
Key
Common area
between buildings
Window well
Window
205
4 min
0.2 miles
Figure 6: Subject Property Distance from Commercial Core
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Page | 7
Affordable Housing Credits:
Pursuant to Land Use Code Section 26.540.050.6, a multiplier of 1.2 FTEs is applied to affordable
housing units located within a historic resource. This multiplier recognizes the additional costs
related to preservation efforts of designated structures. T ables V and VI breakdown the number
of credits generated within the historic resource and the credits generated from the two additions.
Table V: Proposed FTEs Housed Within Historic Resource
Proposed Certificates (Within Resource) Multiplier for units within Historic
Resource
Total
Two Bedroom 1 unit x 2.25 FTEs X 1.2 2.7 FTEs
Three Bedroom 1 unit x 3.00 FTEs 3.6 FTEs
Total Proposed 6.3 FTEs
APCHA Standards
Unit Type Mitigation Standard
Two-Bedroom 2.25
Three-Bedroom 3.00
Table V: Number of FTEs Housed Per Bedroom
Proposed Certificates (within additions) Total
Two-Bedroom 4 units x 2.25 FTEs 9 FTEs
Three-Bedroom 3 units x 3.00 FTEs 9 FTEs
Total Proposed 18 FTEs
Table VI: Proposed FTEs Housed Within Additions
17
Page | 8
1. One space will meet the dimensional standards prescribed by the Americans with Disabilities Act
(ADA). This space may be used by any tenant if no individual requires ADA access.
Transportation and Parking Management – The City’s parking regulations are the result of
professional parking studies, Council consideration, and public input, and they are applied
objectively to all development types. Pursuant to Land Use Code Section 26.515.060.C,
Transportation & Parking Management, one parking unit is required for each AH dwelling unit; in
this case, nine parking units for nine dwelling units.
The Mixed-Use zone district
requires sixty percent of parking
mitigation to be met with off-street
parking, resulting in a minimum of
5.4 on-site spaces. The remaining
forty percent of parking mitigation
may be met via cash-in-lieu or
through a combination of cash-in-
lieu and off-street parking.
The applicant proposes to provide
seven onsite parking spaces, which
exceeds the minimum required.1 As
represented in Figure 7, the spaces
are accessed from the rear alley.
Additionally, each dwelling unit may
receive one on-street parking pass
from the Parking Department.
As previously mentioned, because this property is located within the Aspen Infill Area, basic
services, jobs, and outdoor activities can be accessed by walking, biking, or using public
transportation. The central location of this property offers a high level of mobility and accessibility
to destinations throughout Aspen and Down Valley without relying on a car. Staff finds that seven
on-site spaces meet code requirements and will provide sufficient parking for the tenants who
choose to own a car.
The remaining two parking units are required to be met via cash -in-lieu. The applicant has
requested a parking waiver from the Historic Preservation Commissio n instead of meeting the
cash-in-lieu provision. Pursuant to Land Use Code Section 26.515.080, Special Review, the
Historic Preservation Commission may vary or waive off -street parking requirements based on
the following:
1. The transportation, mobility, an d off-street parking needs of the residents, customers,
guests and employees of the project have been met, taking into account potential uses
of the parcel, the projected traffic generation of the project, any shared parking
opportunities, expected schedule of parking demands, the projected impacts on the on -
street parking of the neighborhood, the proximity to mass transit routes and the downtown
area and any special services, such as vans, provided for residents, guests and
employees.
2. An on-site mitigation solution meeting the requirements and guidelines is practically
difficult or results in an undesirable development scenario.
3. Existing or planned on -site or off-site facilities adequately serve the needs of the
development, including the availability of street parking .
1 2 4 3 5 6 7
Figure 7: Proposed Off-Street Parking Spaces
18
Page | 9
Special Review to Waive Parking Fee-in-Lieu. On-site parking reductions are permitted for
designated historic properties unable to contain the number of parking spaces required by the
underlying zoning due to the existence of a historic resource. In these circumstances, alternative
mitigation in the form of cash-in-lieu, pursuant to Chapter 26.515, may be accepted by HPC for
commercial development. HPC may waive cash-in-lieu for residential development.
In addition to the review criteria listed in Chapter 26.515, the parking reduction and waiver of
payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate
an adverse impact on the historic significance or arch itectural character of a designated historic
property, an adjoining designated property or a historic district.
Parking waivers are generally considered when an off-street parking space blocks the view or
negatively impacts the integrity of a historic resource. While adequate on-site parking mitigation
has been provided, staff does not support waiving the remaining cash -in-lieu that is required.
The revenue derived from this funding source helps to fund RFTA, parking enforcement, and
other transportation needs. The tenants of this development will likely use and benefit from the
various transportation services provided in Aspen. Full mitigation should be provided to help
fund these essentia l services.
RESIDENTIAL DESIGN STANDARDS
The Residential Design Standards found at Section 26.410 of the Municipal Code apply only to
the new structures proposed for this site. RDS review is an administrative process which does
not require public notice or evaluation by HPC. The standards applicable to multi-family
development are limited and staff has verified compliance.
DRC REFERRAL COMMENTS:
The application was referred out to other City departments who have requirements that will
significantly affect the permit review. The applicant responded to initial feedback from these
departments by revising their application to what is being presented to HPC. Following is a
summary of topics that may require further study before HPC Final review or as part of the building
permit process. All are expected to be resolvable.
Engineering:
1. A conceptual utilities plan is required to show where a transformer to support the
development will be placed. A single-phase transformer with a 5x5 vault may be needed.
An easement to accommodate the transformer with 3’ clear zones surrounding the sides
and back of the transformer and 10’ clear in the front shall be required. Alternatively, the
applicant may work with the COA Electric Department to determine available capacity in
the transformer in the alley to the west.
2. A conceptual drainage plan and report is required to determine appropriate sit e mass and
scale and demonstrate the site can still accommodate stormwater requirements onsite. A
full conceptual drainage plan and report as outlines in the URMP will be required at HPC
detailed review.
3. The site is not in a sidewalk deferred zone and a sidewalk will be required on First Street.
The sidewalk shall be 5 ft. wide with a 5 ft. landscape buffer.
4. Existing head-in parking shall be removed and replaced with the COA standard street cross
section with parallel parking.
Zoning:
1. The BBQ as depicted in plan sheet A1.02 shall not be located between a street and a structure
if built in with a hard gas line. Pursuant to Land Use Code Section 26.575.020.e.5.m, there
shall be a structure between the street and the BBQ.
19
Page | 10
2. Pursuant to Land Use Code Section 26.575.020.e.5.t, Wildlife Resistant Trash and Recycling
Enclosures Wildlife-resistant trash and recycling enclosure located in Mixed-Use zone districts
are not exempt from setback requirements and shall comply with zone district requirem ents
for utility/trash/recycle areas. The minimum side yard setback is five feet. If the trash enclosure
area has a roof, it shall count as Floor Area and shall meet setback standards. If it is a fenced
area (max 6 ft. tall fence), it will not count as Floor Area and may be located within setback.
3. Pursuant to Land Use Code Section 26.575.020.d.2, Vertical Circulation, elevators count as
Floor Area on every level except the topmost level that the elevator ser ves.
Parks:
1. Several healthy mature trees have a mitigation value of $38,000 (subject to change at the
time of building permit). A Tree Removal Permit shall be required at the time of Building
Permit.
2. The proposed development shall not impact the roots of the trees to remain on-site. The
City Forester may require air-spading to expose roots.
3. The applicant shall remove crab apple trees and plant back species as directed by City
Forester.
4. Additional trees shall be planted as determined by the City Forester at the time of building
permit.
5. If sidewalk, curb, and gutter are to be replaced, a root barrier at edges of the curb and north
side of walk may be required.
6. Tree protection fencing shall be required for the trees located along S. First Street.
APCHA
1. All bedrooms shall contain a closet.
2. All units shall contain kitchen appliances.
3. All units shall include a washer and dryer.
4. If the units are to remain as rental units, all units must be sold to a qualified Pitkin County
employer approved by APCHA prior to purchase.
5. An approved deed restriction provided by APCHA will need to be signed by each owner at
the time of purchase and recorded. The deed restriction will require minimum occupancy (at
least one person per bedroom). If the tenants are all adults, all must be working full time within
Pitkin County as stipulated in the APCHA Regulations.
RECOMMENDATION
Staff supports the project, and the achievement of community goals through the preservation of
a historic resource and development of affordable housing units, a by-right use within the Mixed-
Used (MU) zone district, in the infill area, supported by adopted City regulations and policies. The
project is within the development rights available to the site. Staff recommends the following
motion:
“HPC finds this application to comply with the requirements and limitations of the
Land Use Code related to Conceptual Major Development, Relocation, Growth
Management, Certificates of Affordable Housing Credits, Special Review and
Transportation and Parking Management as well as the dimensional requirements
of the Mixed-Use (MU) zone district and hereby approves the application subject to
the conditions listed in Resolution X, Series of 2022.”
20
Page | 11
ATTACHMENTS:
Resolution #___, Series of 2022
Exhibit A.1 – HP Guidelines Criteria
Exhibit A.2 – Relocation Criteria
Exhibit A.3 – Growth Management Review Criteria | Staff Findings
Exhibit A.4 – Certificates of Affordable Housing Credits | Staff Findings
Exhibit A.5 – Special Review | Subgrade Living Area | Staff Findings
Exhibit A.6 – Special Review | Floor Area | Staff Findings
Exhibit A.7 – Transportation & Parking Management | Staff Findings
Exhibit A.8 – Special Review | Fee-in-lieu for Parking | Staff Findings
Exhibit B – DRC Referral Comments
Exhibit C – Public Comments
Exhibit D – Application
21
HPC Resolution # XX, Series of 2022
Page 1 of 5
RESOLUTION # X, SERIES OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING CONCEPTUAL MAJOR DEVELOPMENT, RELOCATION, GROWTH
MANAGEMENT, CERTIFICATE OF AFFORDABLE HOUSING CREDITS, SPECIAL
REVIEW FOR FLOOR AREA, SPECIAL REVIEW FOR SUBGRADE LIVING AREA,
TRANSPORTATION & PARKING MANAGEMENT, AND SPECIAL REVIEW TO WAIVE
FEE-IN-LIEU FOR PARKING FOR THE PROPERTY LOCATED AT 205 W. MAIN STREET,
LEGALLY DESCRIBED AS LOTS H AND I AND THE EAST FIFTEEN FEET OF LOT G,
BLOCK 51, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO
PARCEL ID: 2737-124-54-003
WHEREAS, the Applicant, Conservation Housing Partners LLC, represented by Stan Clauson
Associates, Inc., has requested HPC approval for Conceptual Major Development, Relocation, Growth
Management, Certificate of Affordable Housing Credits, Special Review and Transportation and Parking
Management for the property located at 205 W. Main Street; and,
WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall
be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic
property or district until plans or sufficient information have been submitted to the Community
Development Director and approved in accordance with the procedures established for their review;” and,
WHEREAS, for Conceptual Major Development Review the HPC shall review the application, a
staff analysis report and the evidence presented at a hearing to determine the project’s conformance with
the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the
Municipal Code and other applicable Code Sections. The HPC may approve, deny, approve with
conditions, or continue the application to obtain additional information; and,
WHEREAS, for approval of Relocation, the application shall meet the requirements of Aspen
Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and,
WHEREAS, for approval of Growth Management, the application shall meet the applicable
provisions of Aspen Municipal Code Section 26.470, Growth Management Quota System (GMQS),
including the requirements of Code Section 26.470.050.B, General, and Code Section, 26.470.100.C,
Affordable Housing; and,
WHEREAS, for approval of Certificates of Affordable Housing Credits, the application shall meet
the requirements of Aspen Municipal Code Section 26.540, Certificates of Affordable Housing Credits;
and,
WHEREAS, for approval of Special Review to increase allowable Floor Area of the proposed
development, the application shall meet the requirements of Aspen Municipal Code Section 26.430.040.A,
Special Review; and,
WHEREAS, for approval of Special Review to adjust subgrade living area, the application shall
meet the requirements of Aspen Municipal Code Section 26.430.040.I, Affordable Housing Unit Standards;
and
22
HPC Resolution # XX, Series of 2022
Page 2 of 5
WHEREAS, for approval of Transportation and Parking Management, the application shall meet
the requirements of Aspen Municipal Code Section 26.515, Transportation and Parking Management; and
WHEREAS, for approval of Special Review to waive fee-in-lieu for parking, the application shall
meet the requirements of Aspen Municipal Code Section 26.515.080, Special Review; and
WHEREAS, Community Development Department staff reviewed the application for compliance
with applicable review standards and recommended approval with conditions; and
WHEREAS, the development of affordable housing and preservation of historic structures are
supported by numerous City regulatory objectives, as described in the City of Aspen Land Use Code, and
policy objectives as described in the Aspen Area Community Plan; and
WHEREAS, on October 26, 2022, HPC considered the application, the staff memo and public
comment, and found the proposal consistent with the review standards and granted approval with conditions
by a vote of X to X (X-X).
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Conceptual Major Development, Relocation, Growth Management, Certificate
of Affordable Housing Credits, Special Review to increase allowable Floor Area, Special Review to adjust
subgrade living area, and Transportation and Parking Management, parking for 205 W. Main, but does not
support waiver of cash-in-lieu for parking, as follows:
Section 1: Conceptual Development and Relocation
1. The width of the front walkway and step leading to the Victorian shall be narrowed to
approximately three (3) feet. Landscaping should be simplified, and the delineation of private
outdoor space for adjacent dwelling units should be clarified. A revised site plan shall be included
at Final Review to represent these changes.
2. The built-in BBQ represented in the shared courtyard cannot be located between a street and a
structure. It will need to be repositioned, eliminated, or made movable to meet this requirement.
3. A fully developed stormwater management plan shall be provided before an application is accepted
for Final Review.
4. The over-framed roof condition at the rear of the historic house, must be removed along with the
non-historic additions.
5. The westernmost piece of the carport roof must be redesigned to eliminate any setback violation.
6. The footprint of the proposed lightwell at southwest corner of the Victorian shall be reduced or
broken into two lightwells without negatively impacting those spaces. Lightwells around the
historic resource shall be covered with grates, not railings. Lightwells and similar features abutting
the historic structures shall have a curb height of six (6) inches or less to minimize visual and/or
physical impacts to the historic resource.
7. To relocate the house on the site, the Applicant shall provide a financial security deposit of $30,000
at the time of submitting for building permit. The submission shall include details on how the
relocation will occur. Upon making a determination that the home was successfully placed on the
new foundation, staff shall return the deposit to the Applicant.
23
HPC Resolution # XX, Series of 2022
Page 3 of 5
Section 2: Growth Management, Certificates of Affordable Housing Credits, and Special Review
HPC hereby approves Growth Management, Certificates of Affordable Housing Credits, and Special
subject to the following conditions:
1. A total of nine (9) affordable housing units shall be provided on site. The unit types and dimensions
are set forth in the tables below:
FRONT ADDITION (FACING MAIN STREET)
(Net Livable sq. ft.)
Units Beds Basement
(sf)
1st Level
(sf)
2nd
Level
(sf)
3rd Level
(sf)
Total
(sf)
3 2 465 431 X X 896
4 2 492 423 X X 915
5 3 X X 1,089 X 1,089
6 2 X X X 866 866
REAR ADDITION
(Net Livable sq. ft.)
Units Beds Basement
(sf)
1st Level
(sf)
2nd
Level
(sf)
3rd Level
(sf)
Total
(sf)
7 2 442 422 X X 864
8 3 X X 1,176 X 1,176
9 3 X X X 1,048 1,048
2. The Applicant shall designate the category of each unit and shall provide APCHA with the required
documentation prior to Certificate of Occupancy.
3. The category at which credits are generated for each unit shall match the category at which each
unit is rented.
4. Prior to Certificate of Occupancy, a deed restriction must be recorded and must comply with the
APCHA Regulations in effect at the time that said deed restriction is approved and recorded.
5. For the purposes of this project, minimal changes of a technical nature impacting unit size may be
approved at building permit.
HISTORIC RESOURCE
(Net Livable sq. ft.)
Units Beds Basement
(sf)
1st Level
(sf)
2nd Level
(sf)
Total (sf)
1 3 482 415 276 1,173
2 2 428 394 X 822
24
HPC Resolution # XX, Series of 2022
Page 4 of 5
6. The larger storage areas shall be prioritized for use by the three-bedroom dwelling units and the
smaller storage areas shall be used by the two-bedroom dwelling units.
Section 3: Transportation and Parking Management
HPC hereby approves the Transportation and Parking Management as proposed subject to the following
conditions:
1. A total of seven (7) off-street parking spaces will be provided and two (2) parking units shall be
mitigated via cash-in-lieu.
2. The final Transportation Impact Analysis and accompanying Mobility Measures will be finalized
at building permit. Mobility Measures shall not obstruct or occupy any of the off-street parking
spaces provided on the property.
Section 4: Additional Conditions as Provided by the Development Review Committee
1. APCHA
a. All bedrooms shall contain a closet.
b. All units shall contain kitchen appliances.
c. All units shall include a washer and dryer.
d. If the units are to remain as rental units, all units shall be sold to a qualified Pitkin County employer
approved by APCHA prior to purchase.
e. An approved deed restriction provided by APCHA shall be signed by each owner at the time of
purchase and recorded. The deed restriction shall prescribe minimum occupancy (at least one
person per bedroom). All adult tenants shall work fulltime within Pitkin County as stipulated in
the APCHA Regulations.
2. Parks
a. The Applicant shall work with the Parks Department to create a planting plan. This plan shall
be required at the time of submission for Final Review.
b. Several healthy mature trees have a mitigation value of $38,000 (subject to change at the time
of building permit). A Tree Removal Permit shall be required at the time of Building Permit.
c. The proposed development shall not impact the roots of the trees to remain on-site. The City
Forester may require air-spading to expose roots.
d. The Applicant shall remove crab apple trees and plant back species as directed by City Forester.
e. Additional trees shall be planted as determined by the City Forester at the time of building
permit.
f. If sidewalk, curb, and gutter are to be replaced, a root barrier at edges of the curb and north
side of walk may be required.
g. Tree protection fencing shall be required for the trees located along S. First Street.
3. Engineering:
a. A conceptual utilities plan is required to show where a transformer to support the development
will be placed. A single-phase transformer with a 5x5 vault may be needed. An easement to
accommodate the transformer with 3’ clear zones surrounding the sides and back of the
transformer and 10’ clear in the front shall be required. Alternatively, the Applicant may work
with the COA Electric Department to determine available capacity in the transformer in the
alley to the west. The details related to this shall be finalized before Final Review.
b. A conceptual drainage plan and report is required to determine appropriate site mass and scale
and demonstrate the site can still accommodate stormwater requirements onsite. A full
conceptual drainage plan and report as outlined in the URMP will be required at Final Review.
c. The site is not in a sidewalk deferred zone and a sidewalk shall be required on First Street. The
sidewalk shall be 5 ft. wide with a 5 ft. landscape buffer.
25
HPC Resolution # XX, Series of 2022
Page 5 of 5
d. Existing head-in parking along 1st Street shall be removed and replaced with the COA standard
street cross section with parallel parking.
Section 5: Existing Deed Restriction
A voluntary Deed-Restriction encumbers the basement of the historic resource (Reception No. 376974).
Pending approval of Conceptual Review and before Final Review, the Applicant shall work with staff to
memorialize an administrative approval to release the deed-restriction.
Section 6: Material Representations
All material representations and commitments made by the Applicant pursuant to the development proposal
approvals as herein awarded, whether in public hearing or documentation presented before the Community
Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby
incorporated in such plan development approvals and the same shall be complied with as if fully set forth
herein, unless amended by other specific conditions or an authorized authority.
Section 7: Existing Litigation
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 8: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
APPROVED BY THE COMMISSION at its regular meeting on the 26th day of October 2022.
Approved as to Form: Approved as to Content:
__________________________________ ___________________________________
Katharine Johnson, Assistant City Attorney Kara Thompson, Chair
ATTEST:
___________________________________
Mike Sear, Deputy City Clerk
26
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 1 of 13
NOTE: Staff responses begin on page 9 of this exhibit, following the list of applicable guidelines.
26.415.070.D Major Development. No building, structure or landscape shall be erected, constructed,
enlarged, altered, repaired, relocated or improved involving a designated historic property or a property
located within a Historic District until plans or sufficient information have been submitted to the
Community Development Director and approved in accordance with the procedures established for their
review. An application for a building permit cannot be submitted without a development order.
3. Conceptual Development Plan Review
b) The procedures for the review of conceptual development plans for major development projects
are as follows:
1) The Community Development Director shall review the application materials submitted for
conceptual or final development plan approval. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the HPC shall be
scheduled. Notice of the hearing shall be provided pursuant to Section 26.304.060.E.3
Paragraphs a, b and c.
2) Staff shall review the submittal material and prepare a report that analyzes the project's
conformance with the design guidelines and other applicable Land Use Code sections.
This report will be transmitted to the HPC with relevant information on the proposed project
and a recommendation to continue, approve, disapprove or approve with conditions and
the reasons for the recommendation. The HPC will review the application, the staff
analysis report and the evidence presented at the hearing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
3) The HPC may approve, disapprove, approve with conditions or continue the application
to obtain additional information necessary to make a decision to approve or deny.
4) A resolution of the HPC action shall be forwarded to the City Council in accordance with
Section 26.415.120 - Appeals, notice to City Council, and call-up. No applications for Final
Development Plan shall be accepted by the City and no associated permits shall be issued
until the City Council takes action as described in said section.
27
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 2 of 13
28
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 3 of 13
Relevant Historic Preservation Design Guidelines for Conceptual Review of this application:
1.1 All projects shall respect the historic development pattern or context of the block,
neighborhood or district.
• Building footprint and location should reinforce the traditional patterns of the neighborhood.
• Allow for some porosity on a site. In a residential project, setback to setback development is
typically uncharacteristic of the historic context. Do not design a project which leaves no useful
open space visible from the street.
1.4 Design a new driveway or improve an existing driveway in a manner that minimizes its
visual impact.
• If an alley exists at the site, the new driveway must be located off it.
• Tracks, gravel, light grey concrete with minimal seams, or similar materials are appropriate for
driveways on Aspen Victorian properties.
1.5 Maintain the historic hierarchy of spaces.
• Reflect the established progression of public to private spaces from the public sidewalk to a semi-
public walkway, to a semi private entry feature, to private spaces.
1.6 Provide a simple walkway running perpendicular from the street to the front entry on
residential projects.
29
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 4 of 13
• Meandering walkways are not allowed, except where it is needed to avoid a tree or is typical of
the period of significance.
• Use paving materials that are similar to those used historically for the building style and install
them in the manner that they would have been used historically. For example on an Aspen
Victorian landmark set flagstone pavers in sand, rather than in concrete. Light grey concrete,
brick or red sandstone are appropriate private walkway materials for most landmarks.
• The width of a new entry sidewalk should generally be three feet or less for residential properties.
A wider sidewalk may be appropriate for an AspenModern property.
1.7 Provide positive open space within a project site.
• Ensure that open space on site is meaningful and consolidated into a few large spaces rather
than many small unusable areas.
• Open space should be designed to support and complement the historic building.
1.8 Consider stormwater quality needs early in the design process.
• When included in the initial planning for a project, stormwater quality facilities can be better
integrated into the proposal. All landscape plans presented for HPC review must include at least
a preliminary representation of the stormwater design. A more detailed design must be reviewed
and approved by Planning and Engineering prior to building permit submittal.
• Site designs and stormwater management should provide positive drainage away from the
historic landmark, preserve the use of natural drainage and treatment systems of the site, reduce
the generation of additional stormwater runoff, and increase infiltration into the ground.
Stormwater facilities and conveyances located in front of a landmark should have minimal visual
impact when viewed from the public right of way.
• Refer to City Engineering for additional guidance and requirements.
1.10 Built-in furnishings, such as water features, fire pits, grills, and hot tubs, that could
interfere with or block views of historic structures are inappropriate.
• Site furnishings that are added to the historic property should not be intrusive or degrade the
integrity of the neighborhood patterns, site, or existing historic landscape.
• Consolidating and screening these elements is preferred.
1.12 Provide an appropriate context for historic structures. See diagram.
• Simplicity and restraint are required. Do not overplant a site, or install a landscape which is
overtextured or overly complex in relationship to the historic resource, particularly in Zone A. In
Zone A, new planting shall be species that were used historically or species of similar attributes.
• In areas immediately adjacent to the landmark, Zone A and Zone B, plants up 42” in height, sod,
and low shrubs are often appropriate.
• Contemporary planting, walls and other features are not appropriate in Zone A. A more
contemporary landscape may surround new development or be located in the rear of the
property, in Zone C.
• Do not cover areas which were historically unpaved with hard surfaces, except for a limited patio
where appropriate.
30
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 5 of 13
• Where residential structures are being adapted to commercial use, proposals to alter the
landscape will be considered on a case-by-case basis. The residential nature of the building
must be honored.
• In the case of a historic landmark lot split, careful consideration should be given so as not to over
plant either property, or remove all evidence of the landscape characteristics from before the
property was divided.
• Contemporary landscapes that highlight an AspenModern architectural style are encouraged.
2.1 Preserve original building materials.
• Do not remove siding that is in good condition or that can be repaired in place.
• Masonry features that define the overall historic character, such as walls, cornices, pediments,
steps and foundations, should be preserved.
• Avoid rebuilding a major portion of an exterior wall that could be repaired in place.
Reconstruction may result in a building which no longer retains its historic integrity.
• Original AspenModern materials may be replaced in kind if it has been determined that the
weathering detracts from the original design intent or philosoph
3.1 Preserve the functional and decorative features of a historic window.
• Features important to the character of a window include its frame, sash, muntins/mullions, sills,
heads, jambs, moldings, operations, and groupings of windows.
31
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 6 of 13
• Repair frames and sashes rather than replacing them.
• Preserve the original glass. If original Victorian era glass is broken, consider using restoration
glass for the repair.
3.2 Preserve the position, number, and arrangement of historic windows in a building wall.
• Enclosing a historic window is inappropriate.
• Do not change the size of an original window opening.
4.1 Preserve historically significant doors.
• Maintain features important to the character of a historic doorway. These include the door, door
frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking
sidelights.
• Do not change the position and function of original front doors and primary entrances.
• If a secondary entrance must be sealed shut, any work that is done must be reversible so that
the door can be used at a later time, if necessary. Also, keep the door in place, in its historic
position.
• Previously enclosed original doors should be reopened when possible.
5.1 Preserve an original porch or balcony.
• Replace missing posts and railings when necessary. Match the original proportions, material and
spacing of balusters.
• Expanding the size of a historic porch or balcony is inappropriate.
5.5 If new steps are to be added, construct them out of the same primary materials used on the
original, and design them to be in scale with the porch or balcony.
• Steps should be located in the original location.
• Step width should relate to the scale of entry doors, spacing between posts, depth of deck, etc.
• Brick, red sandstone, grey concrete, or wood are appropriate materials for steps.
5.6 Avoid adding handrails or guardrails where they did not exist historically, particularly where
visible from the street.
• If handrails or guardrails are needed according to building code, keep their design simple in
character and different from the historic detailing on the porch or balcony.
6.1 Preserve significant architectural features.
• Repair only those features that are deteriorated.
• Patch, piece-in, splice, or consolidate to repair the existing materials, using recognized
preservation methods whenever possible.
• On AspenModern properties, repair is preferred, however, it may be more important to preserve
the integrity of the original design intent, such as crisp edges, rather than to retain heavily
deteriorated material.
32
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 7 of 13
7.1 Preserve the original form of a roof.
• Do not alter the angle of a historic roof. Preserve the orientation and slope of the roof as seen from
the street.
• Retain and repair original and decorative roof detailing.
• Where the original roof form has been altered, consider restoration.
7.2 Preserve the original eave depth.
• Overhangs contribute to the scale and detailing of a historic resource.
• AspenModern properties typically have very deep or extremely minimal overhangs that are key
character defining features of the architectural style.
8.1 If an existing secondary structure is historically significant, then it must be preserved.
• When treating a historic secondary building, respect its character-defining features. These
include its materials, roof form, windows, doors, and architectural details.
• If a secondary structure is not historically significant, then its preservation is optional. The
determination of significance is based on documentation of the construction date of the
outbuilding and/or physical inspection. A secondary structure that is related to the period of
significance of the primary structure will likely require preservation.
10.1 Preserve an older addition that has achieved historic significance in its own right.
10.2 A more recent addition that is not historically significant may be removed.
• For Aspen Victorian properties, HPC generally relies on the 1904 Sanborn Fire Insurance maps to
determine which portions of a building are historically significant and must be preserved.
• HPC may insist on the removal of non-historic construction that is considered to be detrimental to
the historic resource in any case when preservation benefits or variations are being approved.
11.1 Orient the new building to the street.
• Aspen Victorian buildings should be arranged parallel to the lot lines, maintaining the traditional
grid pattern.
• AspenModern alignments shall be handled case-by-case.
• Generally, do not set the new structure forward of the historic resource. Alignment of their front
setbacks is preferred. An exception may be made on a corner lot or where a recessed siting for
the new structure is a better preservation outcome.
11.2 In a residential context, clearly define the primary entrance to a new building by using a
front porch.
• The front porch shall be functional, and used as the means of access to the front door.
• A new porch must be similar in size and shape to those seen traditionally.
11.3 Construct a new building to appear similar in scale and proportion with the historic
buildings on a parcel.
• Subdivide larger masses into smaller “modules” that are similar in size to the historic buildings
on the original site.
33
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 8 of 13
• Reflect the heights and proportions that characterize the historic resource.
11.4 Design a front elevation to be similar in scale to the historic building.
• The primary plane of the front shall not appear taller than the historic structure.
11.6 Design a new structure to be recognized as a product of its time.
• Consider these three aspects of a new building; form, materials, and fenestration. A project must
relate strongly to the historic resource in at least two of these elements. Departing from the
historic resource in one of these categories allows for creativity and a contemporary design
response.
• When choosing to relate to building form, use forms that are similar to the historic resource.
• When choosing to relate to materials, use materials that appear similar in scale and finish to
those used historically on the site and use building materials that contribute to a traditional sense
of human scale
• When choosing to relate to fenestration, use windows and doors that are similar in size and
shape to those of the historic resource.
11.7 The imitation of older historic styles is discouraged.
• This blurs the distinction between old and new buildings.
• Overall, details shall be modest in character.
12.1 Address accessibility compliance requirements while preserving character defining
features of historic buildings and districts.
• All new construction must comply completely with the International Building Code (IBC) for
accessibility. Special provisions for historic buildings exist in the law that allow some flexibility
when designing solutions which meet accessibility standards.
12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash
storage.
• Place mechanical equipment on the ground where it can be screened.
• Mechanical equipment may only be mounted on a building on an alley façade.
• Rooftop mechanical equipment or vents must be grouped together to minimize their visual
impact. Where rooftop units are visible, it may be appropriate to provide screening with materials
that are compatible with those of the building itself. Use the smallest, low profile units available
for the purpose.
• Window air conditioning units are not allowed.
• Minimize the visual impacts of utility connections and service boxes. Group them in a discrete
location. Use pedestals when possible, rather than mounting on a historic building.
• Paint mechanical equipment in a neutral color to minimize their appearance by blending with
their backgrounds
• In general, mechanical equipment should be vented through the roof, rather than a wall, in a
manner that has the least visual impact possible.
• Avoid surface mounted conduit on historic structures.
34
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 9 of 13
Staff Findings: Guidelines applicable to this level of review address Site Planning and Landscape,
Building Materials, Windows, Doors, Porches, Architectural Details, Roofs, Secondary Structures,
Building Additions, New Construction, Accessibility and Service Areas.
Site Plan
To develop this property as multi-family housing, the applicant proposes to site the historic resource
prominently at a street intersection, free-standing and exposed to view/public enjoyment on all sides, and
in a traditional landscaped setting abutted with grass, planting beds and outdoor living space. New
construction is placed to the rear and side of the historic home. No site plan related variations are needed
for this project (one correction to the carport overhang may be necessary to ensure this). Staff finds the
amount of unbuilt area in the form of front and side setbacks, and the common space between the
structures, to create the site porosity called for in the design guidelines. In addition, the public right-of-
way on the east side of the lot is to be converted from head in parking to a lawn with grass and street
trees, which will restore a historic landscape condition that has been lost for many years.
That said, staff does have some suggestions for restudy. To best comply with guideline 1.6, staff
recommends that for Final, the applicant narrow the width of the front walkway and step leading to the
Victorian to approximately 3’, a more historic scale for these elements. Generally, the landscape design
could be simplified and plantings reduced, with emphasis placed on functional outdoor space that may
be of use to the units that directly abut the area. A built-in BBQ proposed in the shared courtyard does
not meet a requirement that outdoor amenities of that type cannot be located between a street and a
structure. It will need to be repositioned, eliminated, or made movable at the next phase of HPC review.
Parking and infrastructure are located at the rear of the site as required. Referral comments included
discussion of the possible need for a transformer, but adequate power appears to be available from
another unit in the alley. The applicant is still developing their stormwater management, but plan to
explain the conceptual proposal to HPC at the meeting.
Treatment of the Historic Structure
The proposal to make no addition to the historic structure is in keeping with historic preservation goals to
minimize alterations made directly to a historic resource. There are limited instances where this has been
achieved in Aspen. The plan to program the historic resource as mandatory occupancy housing will also
activate the historic resource in a way that HPC has valued in past discussions.
The historic home was moved to this site from the corner of N. Monarch and E. Hallam in 1949. After
that time it appears that a porch was added to the rear of the house, then enclosed, perhaps when a
small addition was made at the southwest corner of the building. The progression of the alterations is
illustrated on the next page. The applicant intends to demolish most of the non-historic construction and
retain a small piece as livable space.
35
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 10 of 13
The applicant also proposes to demolish a group of small sheds on the site (shown below) that are pre-
fabricated or roughly constructed and not related to the history of the subject resource, therefore have
no significance. Staff supports this proposal.
1904 Sanborn Map
of house in original
location
1979 drawing by Assessor.
Note open porch at rear
and one story side addition
Current plan. Rear porch was enclosed at
some time. Applicant plans to remove all
of the side addition and a portion of the
non-historic porch
36
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 11 of 13
Specifics of building restoration, building materials, landscape and lighting will be addressed at Final,
however one massing related topic recommended for resolution by staff is to be clear that an over-framed
condition at the rear of the historic house, at the arrow below, is going to be removed along with the non-
historic additions.
New Construction
Regarding the proposed new structure, staff finds that compatibility is achieved along the Main Street
and First Street frontages, particularly, as illustrated below, where gable roofs of a similar height and
proportion to the Victorian’s are placed adjacent to the resource. Additionally, the strong front porch
relationship on Main and the uniform first floor plate height carried through the development achieves an
appropriate scale relationship. Although there is third floor living space in the new structure, where it is
closest to the historic resource it is entirely encompassed in a pitched roof with no sidewalls. Guidelines
11.3 and 11.4 are successfully met. Clearly the new development is larger than the resource. This is
permitted by the zone district. The key is to mitigate impacts, which has been pursued by both the site
plan choices and the architectural design.
Staff supports the proposed new structures as the appropriate gestures towards the historic resource
have been made. Compatibility is being achieved by the new structure referencing the historic building,
but not copying it, through form, materials and fenestration, as required by guideline 11.6.
37
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 12 of 13
38
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 13 of 13
There is one portion of the new building that may need to be studied to ensure there is no setback
violation. Below, it appears that the westernmost piece of the carport roof is in a setback. This must be
corrected for Final review.
Staff finds the design guidelines to be met for Conceptual approval, with conditions listed in the
resolution.
39
Exhibit A.2
Relocation
Staff Findings
Page 1 of 3
26.415.090.C. Standards for the relocation of designated properties. Relocation for a
building, structure or object will be approved if it is determined that it meets any one of the
following standards:
1. It is considered a noncontributing element of a historic district and its relocation will not
affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on which it is
located and its relocation will not have an adverse impact on the Historic District or
property; or
3. The owner has obtained a certificate of economic hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method given the
character and integrity of the building, structure or object and its move will not adversely
affect the integrity of the Historic District in which it was originally located or diminish the
historic, architectural or aesthetic relationships of adjacent designated properties; and
Additionally, for approval to relocate all of the following criteria must be met:
40
Exhibit A.2
Relocation
Staff Findings
Page 2 of 3
1. It has been determined that the building, structure or object is capable of withstanding the
physical impacts of relocation;
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair and
preservation of the building, structure or object including the provision of the necessary
financial security.
Staff Findings: The applicant proposes relocation of the existing structure approximately 10’ to
the north and 10’ to the east. No variations are requested. The home was relocated to this
property from the West End around 1949. Because the house wasn’t built on this property, it’s
positioning on the subject lot can be adjusted without impact to individual integrity, however the
patterns of the historic district should be considered. That said, the subject site was only minimally
developed in the Victorian era (see lots G, H, and I below) in 1893. By 1904 even these structures
were gone. The only original historic house remaining on this blockface is 211 W. Main, pictured
on Lot F below. Staff finds that the proposed re-positioning of 205 W. Main does not diminish any
historic relationships between adjacent properties.
41
Exhibit A.2
Relocation
Staff Findings
Page 3 of 3
Staff finds that the proposed on-site relocation of this home is an appropriate preservation
outcome because it will provide separation between the historic resource and the new
construction, and will improve the visibility of the historic structure.
The proposed relationship to grade is consistent with the current condition and appears to expose
only a minimal foundation, the materiality of which can be discussed at Final.
Staff does recommend restudy of the lightwell that is to sit closest to the front of the historic house.
It is generously sized for the two below grade bedrooms, and perhaps could be slightly reduced
or broken into two lightwells without detriment to those spaces. A similarly sized and located
lightwell that exists now has some visual impacts that could be improved in the new project.
Lightwells around the historic resource must be covered with grates, not railings. These topics
are listed in the resolution as conditions of approval.
The applicant has provided their architect’s preliminary finding that the historic resource can be
safely relocated. Standard conditions of approval regarding confirmation of building movability
from an engineer, specific relocation techniques proposed by the housemover, and a security to
be held by the City during construction are included in the resolution.
Staff finds that the relocation criteria are met and recommends HPC grant approval.
42
Exhibit A.3
Growth Management Review
Staff Findings
Page | 1
26.470.080, General Review Standards
All development applications for growth management review shall comply with the following standards:MET NOT MET DOES NOT
APPLY
Sufficient Allotments. Sufficient growth management allotments are available to accommodate the proposed development,
pursuant to Subsection 26.470.040(b). Applications for multi-year development allotment, pursuant to
Paragraph 26.470.110(a) shall be required to meet this standard for the growth management years from which the allotments
are requested.
MET
Development Conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone
district or a site specific development plan, any adopted regulatory master plan, as well as any previous approvals, including
the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the
Planned Development - Project Review approval, as applicable.
MET NOT MET
Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to
serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to,
water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste
disposal, parking and road and transit services.
MET
Affordable Housing Mitigation.
(1) For commercial development, sixty-five percent (65%) of the employees generated by the additional commercial net
leasable space, according to Section 26.470.050(b), Employee generation rates, shall be mitigated through the provision of
affordable housing.
(2) For lodge development, sixty-five percent (65%) of the employees generated by the additional lodge pillows, according to
Section 26.470.050(b), Employee generation rates, shall be mitigated through the provision of affordable housing. For the
redevelopment or expansion of existing lodge uses, see section 26.470.100(h).
(3) For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section
26.470.070(e)), the mitigation requirements for affordable housing shall be phased at fifteen percent (15%) beginning in 2017,
and by three percent (3%) each year thereafter until sixty-five percent (65%) is reached.
N/A
Unless otherwise exempted in this Chapter, when a change in use between development categories is proposed, the
employee mitigation shall be based on the use the development is converting to. For instance, if a commercial space is being
converted to lodge units, the mitigation shall be based on the requirements for lodge space.
N/A
For free-market residential development, affordable housing net livable area shall be provided in an amount equal to at least
thirty percent (30%) of the additional free-market residential net livable area.N/A
For essential public facility development, mitigation shall be determined based on Section 26.470.110(d).N/A
Review Criteria for 205 W. Main Street
The HPC may approve, approve with conditions or deny an application for Growth Management
Review based on the review criteria applicable to the specific type of development.
43
Page | 2
Staff Findings: This application requests to develop nine affordable housing allotments.
According to Land Use Code Section 26.470.030.D, no annual growth limit applies to affordable
housing. This is in recognition of the high priority placed on the development of affordable housing
to meet community needs.
While several units fall below the minimum unit size prescribed by APCHA, none of the units are
more than 20 percent below the minimum. Additionally, some units are slightly more than 50
percent below grade. The APCHA Guidelines as well as the Land Use Code allow for flexibility on
unit size and subgrade area when other on-site amenities are provided. The applicant plans to
provide additional storage area for each dwelling unit, as well as common outdoor space for
tenants to congregate. The central location of this property is also considered a major benefit.
The site is a four-minute walk from the Commercial Core, it is located on the RFTA bus line and
is walking distance to multiple parks.
Lastly, staff finds that the proposed use as an affordable housing development complements the
historic residential nature of the Mixed-Use (MU) zone district; the proposed density complies with
underlying zoning and no variances are requested. The purpose of the MU zone district is to
provide different economic and residential opportunities from more traditional commercial zones,
which is the fundamental intent of this project.
Before Certificate of Occupancy is granted for the project, the applicant will work with APCHA to
deed restrict each unit at the category deemed appropriate.
Staff finds the General Review Criteria for Growth Management to be met.
All development applications for growth management review shall comply with the following standards:MET NOT MET DOES NOT
APPLY
Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of
affordability, including residential occupied (RO).MET
For all affordable housing units that are being provided as mitigation pursuant to this Chapter or for the creation of a Certificate
of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason:
a.The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority, as amended.
b.Required affordable housing may be provided through a mix of methods outlined in this Chapter, including newly built units,
buy down units, certificates of affordable housing credit, or cash-in-lieu.
c.Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the
proposed development or located off-site within the City limits. Units outside the City limits may be accepted as mitigation by
the City Council, pursuant to Section 26.470.110(b). When off-site units within City limits are proposed, all requisite approvals
shall be obtained prior to approval of the growth management application.
d.Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be
extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in
Section 26.470.050(f), Employee/Square Footage Conversion.
e.If the total mitigation requirement for a project is less than .25 FTEs, a cash-in-lieu payment may be made by right. If the
total mitigation requirement for a project is .25 or more FTEs, a cash-in-lieu payment shall require City Council approval,
pursuant to Section 26.470.110(c).
f.Affordable housing units shall be approved pursuant to Paragraph 26.470.100(d), Affordable housing, and be restricted to a
Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to
provide mitigation units at a lower category designation.
g.Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable
area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special
Review, Pursuant to Chapter 26.430.
MET
44
Page | 1
Exhibit A.4
Certificates of Affordable Housing Credits
Staff Findings
26.540.070, Review Criteria for establishing an affordable housing credit.
Staff Findings:
The minimum net livable size requirements are exceeded by one of the nine units. Eight of the
units are below the minimum size requirements prescribed by APCHA guidelines but well within
the 20 percent buffer that can be administratively approved and has been accepted by APCHA.
Additionally, four of the units are more than 50 percent below grade by a slight margin which is
discouraged by the Land Use Code. The applicant plans to provide several high-quality and
meaningful amenities for residents, including private balconies and porches, outside common
space, and extra storage for each dwelling unit. The central location of this property is also
considered a major benefit. The site is a four-minute walk from the Commercial Core, it is located
on the RFTA bus line and is walking distance to multiple parks. Staff finds that a reduction in unit
size and additional subgrade unit area to be appropriate.
Pending approval of this application, a total of 24.3 Affordable Housing Certificates would be
generated, which is consistent with the Land Use Code (Table I).
An Affordable Housing Credit may be established by the HPC if all of the
following criteria are met. The proposed units do not need to be constructed
prior to this review.
MET NOT MET
DOES
NOT
APPLY
The proposed affordable housing unit(s) comply with the review standards of
Section 26.470.070.4(a-d).MET
The affordable housing unit(s) are not an obligation of a Development Order
and are not otherwise required by this Title to mitigate the impacts of
development.
MET NOT MET
APCHA Standards
Unit Type Mitigation Standard
Two-Bedroom 2.25
Three-Bedroom 3.00
Table I: Number of FTEs Housed Per Bedroom
45
Exhibit A.2
Certificates of Affordable Housing Credits
Staff Findings
Page | 2
Pursuant to Land Use Code Section 26.540.050.6, a multiplier of 1.2 FTEs is applied to affordable
housing units located within a historic resource. This multiplier recognizes the additional costs
related to preservation efforts of designated structures. Tables II and III breakdown the number
of credits generated within the historic resource and the credits generated from the two additions.
Given the quality of the units, the on-site amenities and general location of the project,
finds the criteria for Certificates of Affordable Housing to be met.
Table II: Proposed FTEs Housed Within Historic Resource
Proposed Certificates (Within Resource) Multiplier for units within Historic
Resource
Total
Two Bedroom 1 unit x 2.25 FTEs X 1.2 2.7 FTEs
Three Bedroom 1 unit x 3.00 FTEs 3.6 FTEs
Total Proposed 6.3 FTEs
Proposed Certificates (within additions) Total
Two-Bedroom 4 units x 2.25 FTEs 9 FTEs
Three-Bedroom 3 units x 3.00 FTEs 9 FTEs
Total Proposed 18 FTEs
Table III: Proposed FTEs Housed Within Additions
46
Exhibit A.5
Special Review to Increase Subgrade Net Livable Area
Staff Findings
26.430.040.I, Special Review, Affordable Housing Unit Standards
Staff Findings: Four of the nine units are slightly more than 50 percent below grade, which is discouraged
by the land use code. For this reason, the application requests Special Review, which allows for flexibility
with regards to subgrade Net Livable Area. Pursuant to the Land Use Code, more than fifty percent of a
unit may be located below grade if other on-site amenities are provided to compensate for these unit
configurations. The application represents several high-quality amenities that Community Development
and APCHA staff believe will contribute to overall livability and meet the criteria prescribed by Special
Review. Tenants will have access to additional exterior storage (a storage unit is provided for each dwelling
unit). Because the proposed development meets all setback requirements, plenty of outdoor common
area/open space and access to private patios and porches will be provided as well. Lastly, the central
location of the property is also considered a major amenity and contributor to overall quality of life. This
location will ensure that tenants do not need to commute a significant distance to access jobs, essential
services, or recreational opportunities. The property is located 0.2 miles from the Commercial Core and is
located along the RFTA bus line. Staff finds that these amenities contribute to the general livability of the
development. Granting special review for additional subgrade area is appropriate.
Staff finds that this application meets the criteria for Special Review to allow four of the
units to be more than 50% below grade.
Whenever a Special Review is conducted to reduce the required percentage that the finished floor
level of the unit's net livable area is at or above natural or finished grade, whichever is higher, a
recommendation from the Housing Board shall be obtained and all of the following criteria shall be
met. The criteria below address only the affordable housing units that require a variation from the
standard.
MET NOT MET
DOES
NOT
APPLY
The proposed affordable housing units are designed in a manner that is compatible with the character
of the neighborhood.MET
The proposed amount that the affordable housing units are below natural or finished grade, whichever
is more restrictive, is an appropriate response to unique site constraints, such as topography.MET NOT MET
The proposed affordable housing units are designed in such a manner which exceeds the expectations
of the Aspen Pitkin County Housing Authority Guidelines, and promotes the unit's general livability by
demonstrating compliance with as many of the following conditions as possible:
a.Significant storage, such as additional storage outside a unit.
b.Above average natural light, such as adding more window area than the Building Code requires.
c.Net livable unit sizes exceed minimum requirement.
d.Unit amenities, such as access to outdoor space or private patios.
MET
Review Criteria for 205 W. Main Street
The HPC may approve, approve with conditions or deny an application for Special Review
based on the review criteria applicable to the specific type of development.
47
Exhibit A.5
Special Review to Increase Subgrade Net Livable Area
Staff Findings
48
Page 1 of 1
Exhibit A.6
Special Review For Floor Area Requirements
Staff Findings
Staff Findings: The Mixed Use Zone District, where the subject property is located, allows
Special Review for any property, historic or not, to be permitted a 25% increase in floor area for
Commercial, Civic or Affordable Housing development if the criteria above are met.* The
applicant’s request is only for up to a 10%, or 750 square foot increase. The applicant argues
that this has allowed them to design lightwells that are larger than the minimum required (thus
causing the basement floor area calculation to be higher than it otherwise would be.) Larger
lightwells will improve livability of the units, particularly the four that are more than 50% below
grade. Disallowing the floor area increase is unlikely to reduce the above grade mass, therefore
staff finds that there is no adverse impact and only a positive benefit to the future residents of
this property.
Staff finds the Special Review Criteria for Dimensional Requirements to be met.
*Please note that this application was submitted just before the recent adoption of code amendments
affecting residential development in Aspen. While the application is reviewed under the language in
place before the amendments, for HPC’s information, a floor area of up to 1.25 to 1 is now allowed by
right on this site.
49
Page | 1
Exhibit A.7
Transportation & Parking Management
Staff Findings
Staff Findings:
Pursuant to the Land Use Code, one parking unit is required for each affordable housing (AH)
unit; in this case, nine parking units for nine AH units. The Mixed-Use (MU) zone district allows
40 percent of parking mitigation to be met via cash-in-lieu or via a combination of cash-in-lieu and
on-site parking. Seven onsite parking spaces are proposed, including one ADA-accessible space.
These spaces are accessed from the rear alley and located beneath a covered area associated
with the rear addition. Remaining parking mitigation will be met with cash-in-lieu. Staff supports
the parking mitigation as proposed. Providing on-site parking is generally preferred to cash-in-lieu
as it reduces transportation impacts to the surrounding neighborhood. In this case, 77 percent of
required parking mitigation will be met on-site, which is a major benefit for tenants and contributes
to the livability and quality of this project. Additionally, each dwelling unit is eligible for one on-
street parking pass. Lastly, the proximity of this property to the commercial core and public
transportation facilities will further reduce vehicle use for tenants. It is reasonable to assume that
tenants living in this location can do so without owning a car. Between the off-street parking
spaces and the on-street parking passes available, tenants who choose to own a car will have
sufficient parking options available. In addition to the on-site parking, the applicant has completed
the Transportation Impact Analysis (TIA) for this project and plans to provide a range of Mobility
Measures to satisfy the requirements of the Engineering and Parking Departments. Bicycle
parking will be provided on-site, and other infrastructure improvements will be made to encourage
alternative transportation choices. The TIA is subject to change and will be assessed at building
permit. Staff included a condition in the Resolution prohibiting Mobility Measures from occupying
any of the off-street parking spaces on the property.
Staff finds that this application meets the minimum parking and TIA requirements for the
proposed project.
All development and redevelopment projects are required to submit a Mobility
Plan, which shall include and describe a project’s mitigations for TIA and
Parking Requirements. The Engineering, Transportation, and Community
Development Department staff shall determine whether the project conforms to
this Chapter requirements using the following standards:
MET NOT MET DOES NOT
APPLY
Project TIA and the resulting mitigation program meets requirements for
exempt, minor or major project categories as outlined in the TIA Guidelines.MET
Project provides full mitigation for the Parking Requirements pursuant to
Section 26.515.050.MET NOT MET
The development conforms to the requirements and limitations of the zone
district.MET
If existing development is expanded, additional Parking Requirements shall be
provided for that increment of the expansion.N/A
If existing development is redeveloped, on-site parking deficits may not be
maintained unless all parking, or at least 20 spaces are provided as Public
Parking.
N/A
Review Criteria for 205 W. Main
26.515.060.C – Transportation & Parking Management Review Criteria
50
Page | 1
Exhibit A.8
Special Review to Waive Fee-in-Lieu for Parking
Staff Findings
Staff Findings: Pursuant to the Land Use Code, one parking unit is required for each affordable
housing (AH) unit; in this case, nine parking units for nine AH units. The Mixed-Use (MU) zone
district allows 40 percent of parking mitigation to be met via cash-in-lieu or via a combination of
cash-in-lieu and on-site parking. Seven onsite parking spaces are proposed, including one ADA-
accessible space. As discussed in Exhibit A.7, Transportation & Parking Management, these
parking measures meet the minimum requirement for onsite parking. Remaining parking
mitigation is required to be met via cash-in-lieu. On-site parking reductions are permitted for
designated historic properties unable to contain the number of parking spaces required by the
underlying zoning due to the existence of a historic resource. In these circumstances, alternative
mitigation in the form of cash-in-lieu, pursuant to Chapter 26.515, may be accepted by HPC for
commercial development. HPC may waive cash-in-lieu for residential development.
In addition to the review criteria listed in Chapter 26.515, the parking reduction and waiver of
payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate
an adverse impact on the historic significance or architectural character of a designated historic
property, an adjoining designated property or a historic district.
Parking waivers are generally considered when an off-street parking space blocks the view or
negatively impacts the integrity of a historic resource. While adequate on-site parking mitigation
has been provided, staff does not support waiving the remaining cash-in-lieu that is required.
The revenue derived from this funding source helps to fund RFTA, parking enforcement, and
other transportation needs. The tenants of this development will likely use and benefit from the
various transportation services provided in Aspen. Full mitigation should be provided to help
fund these essential services. Staff finds that this application does not meet the
requirements to waive parking mitigation for cash-in-lieu fees.
Special Review for establishing, varying, or waiving
transportation, mobility, or off-street parking requirements
may be approved, approved with conditions or denied
based on the following criteria:
DOES NOT
APPLY
The transportation, mobility, and off-street parking needs
of the residents, customers, guests and employees of the
project have been met, taking into account potential uses
of the parcel, the projected traffic generation of the
project, any shared parking opportunities, expected
schedule of parking demands, the projected impacts on
the on-street parking of the neighborhood, the proximity to
mass transit routes and the downtown area and any
special services, such as vans, provided for residents,
guests and employees.
An on-site mitigation solution meeting the requirements
and guidelines is practically difficult or results in an
undesirable development scenario.
DOES NOT
APPLY
Existing or planned on-site or off-site facilities adequately
serve the needs of the development, including the
availability of street parking.
DOES NOT
APPLY
NOT MET
.
Review Criteria for 205 W. Main
26.51 5.080 - Special Review Staff Findings
MET NOT MET
51
1
LAND USE REFERRAL MEMORANDUM
TO: Kevin Rayes, Community Development Department
FROM: Cindy Christensen, Deputy Director - APCHA
DATE: August 16, 2022
RE: 205 West Main – AH Credit Project – LPA 22-063
PROJECT
The property is located at 205 West Main. The applicant is proposing to create a multi-family housing
project with nine (9) deed-restricted units. The project is for the generation of the City of Aspen
Affordable Housing Credits. Three of the units would be three-bedroom and the remaining six units
would be two-bedroom units.
DISCUSSION
Four of the two-bedroom units proposed on the main/lower level are greater than 50% below grade
(between 1% to 4%). In these four units, the bedrooms are located below grade with the living area
on the main level.
Although all of the units are below the minimum square footage requirement as stipulated in the
APCHA Affordable Housing Development Policy, they are all within the allowable 20% reduction as
long as they adhere to the criteria stipulated in this Policy and stated below. Based on the
application, this project does fall within the criteria stated below.
•Significant storage space located outside the unit;
•Above average natural light, i.e., more windows than required by code;
•Efficient, flexible layout with limited hall and staircase space;
•Availability of site amenities, such as pool or proximity to park or open space;
•Unit location within the development, i.e., above ground location versus ground level or below
ground; and/or
•Possibility that project can achieve higher density of deed-restricted units with a reduction
variance.
The development plans on providing seven parking spaces, of which one is the required ADA spot.
There are a total of 22 bedrooms associated with this project with only six parking spaces. This is a
concern for APCHA since each unit will also only be allowed ONE guest residential parking permit.
RECOMMENDATION
APCHA would recommend approval with the following conditions:
1.All bedrooms must contain a closet.
2.All units must contain kitchen appliances.
Exhibit B | DRC Referral Comments
52
2
3. All units must include a washer and dryer.
4. If the units are to remain as rental units, all units must be sold to a qualified Pitkin County employer
approved by APCHA prior to purchase.
5. An approved deed restriction provided by APCHA will need to be signed by each owner at the time
of purchase and recorded. The deed restriction will require minimum occupancy (at least one person
per bedroom). If the tenants are all adults, all must be working full time within Pitkin County as
stipulated in the APCHA Regulations.
6. Reconsider adding additional parking spaces.
Exhibit B | DRC Referral Comments
53
Engineering1 - 205 W Main St - LPA-22-063_20220811
Page: 52
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
Provide a conceptual utilities
plan. Most importantly show
where a transformer to support
the development will be placed.
A single phase transformer with
a 5x5 vault may be needed.
Provide an easement to
accommodate the transformer
with 3' clear zones surrounding
the sides and back of the
transformer and 10' clear in the
front.
Alternatively work with COA
Electric Dept to determine
available capacity in the
transformer in the alley to the
west.
205 W. Main HPC Major Devel App 19-MAY-22.pdf (5)
Page: 52
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
A conceptual drainage plan and
report is required to determine
appropriate site mass and scale
and demonstrate the site can still
accommodate stormwater
requirements onsite. A full
conceptual draiange plan and
report as outlined in the URMP
will be required at HPC detailed
review. However looking at the
site there is limited space for
drainage and stormwater and
those aspects should be
considered in the design early in
the project planning.
Page: 52
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
A transportation Impact Analysis
was not provided int he
submittal. Please provide. Select
meaningful and impactful
mitigation measures to offset the
anticipated additional vehicle
trips created by this
development.
Page: 52
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
The site is not in a sidewalk
deferred zone and a sidewalk
will be required on First St. 5 ft
sidewalk with 5 ft landscape
buffer.
Provide a conceptual utilities plan. Most importantly show where a transformer to
support the development will be placed. A single phase transformer with a 5x5 vault
may be needed. Provide an easement to accommodate the transformer with 3' clear
zones surrounding the sides and back of the transformer and 10' clear in the front.
Alternatively work with COA Electric Dept to determine available capacity in the
transformer in the alley to the west.
A conceptual drainage plan and report is required to determine appropriate site mass
and scale and demonstrate the site can still accommodate stormwater requirements
onsite. A full conceptual draiange plan and report as outlined in the URMP will be
required at HPC detailed review. However looking at the site there is limited space for
drainage and stormwater and those aspects should be considered in the design early
in the project planning.
A transportation Impact Analysis was not provided int he submittal. Please provide.
Select meaningful and impactful mitigation measures to offset the anticipated
additional vehicle trips created by this development.
PLANTING
BED
LAWN
LAWN
EXISTING PARKING
-TO BE REMOVED S. FIRST STREET75.45' PUBLIC R.O.W.S 14°50'49" W 100.00' (R)SETBACKPROPERTY LINEThe site is not in a
sidewalk deferred zone
and a sidewalk will be
required on First St. 5 ft
sidewalk with 5 ft
landscape buffer.
Exhibit B | DRC Referral Comments
54
Page: 52
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
Existing head in parking is
required to be removed and
replaced with the COA standard
street cross section with parallel
parking.
LAWN
EXISTING PARKING
-TO BE REMOVED
Existing head in parking
is required to be removed
and replaced with the
COA standard street
cross section with parallel
parking.
Exhibit B | DRC Referral Comments
55
= input
= calculation
DATE:
PROJECT NAME:
PROJECT ADDRESS:
APPLICANT CONTACT
INFORMATION:
NAME, COMPANY,
ADDRESS, PHONE, EMAIL
Minor
Entering Exiting Total Entering Exiting Total
Commercial (sf)0.0 sf 0.00 0.00 0.00 0.00 0.00 0.00
Free-Market Housing (Units)-1 Units -0.19 -0.48 -0.67 -0.46 -0.36 -0.82
Affordable Housing (Units)9 Units 3.24 3.51 6.75 4.41 3.60 8.01
Lodging (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00
Essential Public Facility (sf)0.0 sf 0.00 0.00 0.00 0.00 0.00 0.00
3.05 3.03 6.08 3.95 3.24 7.19
Land Use Trip Rate %Entering %Exiting Trip Rate %Entering %Exiting
Commercial 2.27 0.69 0.31 4.14 0.4 0.6
Free-Market Housing 0.67 0.29 0.71 0.82 0.56 0.44
Affordable Housing 0.75 0.48 0.52 0.89 0.55 0.45
Lodging 0.25 0.57 0.43 0.31 0.52 0.48
Essential Public Facility 0.86 0.62 0.38 1.66 0.4 0.6
AM Peak Average PM Peak Average
Trips Generated
AM Peak-Hour PM Peak-Hour
TOTAL NEW TRIPS
ASSUMPTIONS
ASPEN TRIP GENERATION
Is this a major or minor project?
205 W Main Street, Aspen
205 W Main Affordable Housing
Net New
Units/Square Feet of
the Proposed ProjectProposed Land Use
*For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak-Hour and a 14% reduction for PM Peak-Hour is applied
to the trip generation.
Name
Company
Address
Phone
Email
Trip Generation
8/26/2022
Instructions:
IMPORTANT: Turn on Macros: In order for code to run correctly the security settings need to be altered. Click "File"
and then click "Excel Options." In the "Trust Center" category, click "Trust Center Settings", and then click the "Macro
Settings" category. Beneath "Macro Settings" select "Enable all Macros."
Sheet 1. Trip Generation: Enter the project's square footage and/or unit counts under Proposed Land Use. The
numbers should reflect the net change in land use between existing and proposed conditions. If a landuse is to be
reduced put a negative number of units or square feet.
Sheet 2. MMLOS: Answer Yes, No, or Not Applicable under each of the Pedestrian, Bike and Transit sections. Points
are only awarded for proposed (not existing) and confirmed aspects of the project.
Sheet 3. TDM: Choose the mitigation measures that are appropriate for your project.
Sheet 4. Summary and Narrative: Review the summary of the project's mitigated trips and provide a narrative which
explains the measures selected for the project. Click on "Generate Narrative" and individually explain each measure
that was chosen and how it enhances the site or mitigates vehicle traffic. Ensure each selected measure make sense
Minor Development - Inside the Roundabout
Major Development - Outside the Roundabout
Helpful Hints:
1. Refer to the Transportation Impact Analysis Guidelines for information on the use of this tool.
2. Refer to TIA Frequently Asked Questions for a quick overview.
2. Hover over red corner tags for additional information on individual measures.
3. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will
not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the
context of project location and future use.
Transportation Impact Analysis
TIA Frequently Asked Questions
Exhibit B | DRC Referral Comments
56
= input
= calculation
28
Category Sub.Measure Number Question Answer Points
1
Does the project propose a detached sidewalk where an attached
sidewalk currently exists? Does the proposed sidewalk and buffer
meet standard minimum widths?
Yes 5
2 Is the proposed effective sidewalk width greater than the standard
minimum width?0
3 Does the project propose a landscape buffer greater than the
standard minimum width?0
5
4
Does the project propose a detached sidewalk on an adjacent
block? Does the proposed sidewalk and buffer meet standard
minimum widths?
No 0
5 Is the proposed effective sidewalk width on an adjacent block
greater than the standard minimum width?0
6 Is the proposed landscape buffer on an adjacent block greater than
the standard minimum width?0
0
7 Are slopes between back of curb and sidewalk equal to or less than
5%?Yes 0
8 Are curbs equal to (or less than) 6 inches?Yes 0
9
Is new large-scale landscaping proposed that improves the
pedestrian experience? Properties within the Core do not have ample
area to provide the level of landscaping required to receive credit in
this category.
NA 0
10 Does the project propose an improved crosswalk? This measure must
get City approval before receiving credit. No 0
0
11 Are existing driveways removed from the street?Yes 5
12 Is pedestrian and/or vehicle visibility unchanged by new structure or
column?Yes 0
13 Is the grade (where pedestrians cross) on cross-slope of driveway 2%
or less?Yes 0
14
Does the project propose enhanced pedestrian access points from
the ROW? This includes improvements to ADA ramps or creating new
access points which prevent pedestrians from crossing a street.
Yes 5
15 Does the project propose enhanced pedestrian or bicyclist interaction
with vehicles at driveway areas?No 0
10
16 Is the project's pedestrian directness factor less than 1.5?Yes 0
17
Does the project propose new improvements which reduce the
pedestrian directness factor to less than 1.2? A site which has an
existing pedestrian directness factor less than 1.2 cannot receive
credit in this category.
Yes 5
18 Is the project proposing an off site improvement that results in a
pedestrian directness factor below 1.2?* No 0
19 Are traffic calming features proposed that are part of an approved
plan (speed humps, rapid flash)?*No 0
5
20
Are additional minor improvements proposed which benefit the
pedestrian experience and have been agreed upon with City of
Aspen staff?
Yes 3
21
Are additional major improvements proposed which benefit the
pedestrian experience and have been agreed upon with City of
Aspen staff?
No 0
3
23PedestriansSubtotalAdditional Proposed ImprovementsTOTAL NUMBER OF TRIPS MITIGATED:Pedestrian RoutesTraffic Calming and Pedestrian NetworkDriveways, Parking, and Access ConsiderationsMMLOS Input Page
Subtotal
SubtotalSidewalk Condition on Adjacent BlocksSidewalk Condition on Project FrontageSubtotal
Instructions: Answer Yes, No, or Not Applicable to each measure under the Pedestrian, Bike and Transit sections.
Subtotal
Subtotal
Pedestrian Total*
Exhibit B | DRC Referral Comments
57
Category Sub.Measure Number Question Answer Points
22 Is a new bicycle path being implemented with City approved design? No 0
23 Do new bike paths allow access without crossing a street or
driveway?No 0
24 Is there proposed landscaping, striping, or signage improvements to
an existing bicycle path?No 0
25 Does the project propose additional minor bicycle improvements
which have been agreed upon with City of Aspen staff?No 0
26 Does the project propose additional major bicycle improvements
which have been agreed upon with City of Aspen staff?No 0
0
Bicycle Parking27 Is the project providing bicycle parking?Yes 5
5
5
Category Sub.Measure Number Question Answer Points
28 Is seating/bench proposed?NA 0
29 Is a trash receptacle proposed?No 0
30 Is transit system information (signage) proposed?No 0
31 Is shelter/shade proposed?No 0
32 Is enhanced pedestrian-scale lighting proposed?No 0
33 Is real-time transit information proposed?No 0
34 Is bicycle parking/storage proposed specifically for bus stop use? No 0
35 Are ADA improvements proposed?No 0
0
36 Is a bus pull-out proposed at an existing stop?No 0
37 Is relocation of a bus stop to improve transit accessibility or roadway
operations proposed?No 0
38 Is a new bus stop proposed (with minimum of two basic amenities)? No 0
0
0TransitBasic AmenitiesSubtotal
Subtotal
Enhanced AmenitiesSubtotal
Subtotal
Bicycles Total*
Transit Total*BicyclesModifications to Existing Bicycle PathsExhibit B | DRC Referral Comments
58
Category Measure
Number Sub. Question Answer Strategy VMT
Reductions
Will an onsite ammenities strategy be implemented?
Which onsite ammenities will be implemented?
Will a shared shuttle service strategy be implemented?
What is the degree of implementation?
What is the company size?
What percentage of customers are eligible?
3 Nonmotorized Zones Will a nonmotorized zones strategy be implemented?0.00%
0.00%
Category Measure
Number Sub. Question Answer Strategy VMT
Reductions
Will a network expansion stragtegy be implemented?
What is the percentage increase of transit network coverage?
What is the existing transit mode share as a % of total daily trips?
Will a service frequency/speed strategy be implemented?
What is the percentage reduction in headways (increase in frequency)?
What is the existing transit mode share as a % of total daily trips?
What is the level of implementation?
Will a transit access improvement strategy be implemented?Yes
What is the extent of access improvements? Within Project Only
7 Intercept Lot Will an intercept lot strategy be implemented?0.00%
1.00%
Category Measure
Number Sub. Question Answer Strategy VMT
Reductions
Will there be participation in TOP?
What percentage of employees are eligible?
Is a transit fare subsidy strategy implemented?
What percentage of employees are eligible?
What is the amount of transit subsidy per passenger (daily equivalent)?
Is an employee parking cash-out strategy being implemented?
What percentage of employees are eligible?
Is a workplace parking pricing strategy implemented?
What is the daily parking charge?
What percentage of employees are subject to priced parking?
Is a compressed work weeks strategy implemented?
What percentage of employees are participating?
What is the workweek schedule?
Is an employer sponsered shuttle program implemented?
What is the employer size?
What percentage of employees are eligible?
Is a carpool matching strategy implemented?
What percentage of employees are eligble?
Is carshare participation being implemented?
How many employee memberships have been purchased?
What percentage of employees are eligble?
Is participation in the bikeshare program WE-cycle being implemented?
How many memberships have been purchased?
What percentage of employees/guests are eligble?
Is an end of trip facilities strategy being implemented?Yes
What is the degree of implementation? Low
What is the employer size? Small
Is a self-funded emergency ride home strategy being implemented?
What percentage of employees are eligible?
Is a carpool/vanpool priority parking strategy being implemented?
What is the employer size?
What number of parking spots are available for the program?
Is a private employer shuttle strategy being implemented?
What is the employer size?
What percentage of employees are eligible?
Is a trip reduction marketing/incentive program implemented?
What percentage of employees/guests are eligible?
0.22%
1.00%
1.22%
1. 22% work trips represents a mixed-used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail.
21
16
17
18
19
20
11
12
13
14
15
Participation in TOP
Transit Fare Subsidy
Employee Parking Cash-Out
Workplace Parking Pricing
Compressed Work Weeks
Employer Sponsored Vanpool
Carpool Matching
Carshare Program
Self-funded Emergency Ride Home
Carpool/Vanpool Priority Parking
Private Employer Shuttle
Trip Reduction Marketing/Incentive
Program
End of Trip Facilities
Cross Category Maximum Reduction, Neighborhood and Transit
Global Maximum VMT Reductions
TDM Input Page
0.00%
1.00%
0.00%Commute Trip Reduction Programs StrategiesOnsite Servicing
Shared Shuttle Service
Neighborhood/Site Enhancements Strategies0.00%
0.00%
Network Expansion
Service Frequency/Speed
Transit Access Improvement
Maximum Reduction Allowed in Category
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
Bikeshare Program
0.00%
0.00%
0.00%
0.00%
0.00%
1.00%
0.00%
Maximum Reduction Allowed in Category
Maximum Reduction Allowed in CategoryTransit System Improvements Strategies1
2
4
5
6
8
9
10
Instructions TDM: Choose the mitigation measures that are appropriate for your project. Proposed TDM or
MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit
for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of
project location and future use.
Exhibit B | DRC Referral Comments
59
DATE:
PROJECT NAME:
PROJECT ADDRESS:
APPLICANT CONTACT
INFORMATION:
NAME, COMPANY,
ADDRESS, PHONE, EMAIL
Stan Clauson, FAICP, ASLA Stan
Clauson Associates, Inc. 200
W. Main St., Ste. 203, Aspen
970-274-3265
stan@scaplanning.com
Peak Hour Max Trips Generated MMLOS TDM Total Trips Mitigated
PM 7.2 28 0.09 28.09 0.00
Click on the "Generate Narrative" Button to the right.
Respond to each of the prompts in the space provided.
Each response should cover the following:
1. Explain the selected measure.
2. Call out where the measure is located.
3. Demonstrate how the selected measure is appropriate to enhance the project site
and reduce traffic impacts.
4. Explain the Enforcement and Financing Plan for the selected measure.
5. Explain the scheduling and implementation responsibility of the mitigation measure.
6. Attach any additional information and a site map to the narrative report.
Narrative:
8/26/2022
Conservation Housing Partners LLC (200 W Main Affordable Housing)
205 W Main Street, Aspen
Trip Generation
SUMMARY
Trip Mitigation NET TRIPS TO BE
MITIGATED
Project Description
In the space below provide a description of the proposed project.
This project involves the redevelopment of a property containing a historic single-family home with ADU into a nine (9) unit 100% deed-
restricted affordable housing development. Right-of-way improvements include removal of an informal gravel head-in parking area accessed
off of First Street and the installation of curb and gutter, landscaped parkway, and sidewalk adjacent to the property where none currently
exists along First Street. Bicycle parking will be provided as an amenity on site. The property meets the 1.2 directness criteria owing to its
proximity to the Commercial Core and transit options.
MMLOS
In the space provided call out the effective sidewalk width and the percentage of the site which meets or exceeds the minimum standard
width. Explain the site constraints for areas which do not meet the minimum width.
Curb and gutter, landscaped parkway, and sidewalk will be installed along First Street adjacent to the property where none currently exists.
These elements will meet all current City Engineering standards.
Explain what driveways are removed and how this benefits the pedestrian experience.
Head in parking will be removed along Frist Street increasing safety for cyclists and allowing the installation of sidewalks for pedestrian
safety.
Describe the enhanced pedestrian access point(s). This measure is to improve pedestrian access to the site from the ROW. It includes
adding additional access points which prevent pedestrians and bicyclists from crossing a street, improvements to the project's ADA ramps
in the ROW, and improvements to existing access points.
Exhibit B | DRC Referral Comments
60
New sidewalk along First Street will enhance pedestrian access.
Explain any additional minor improvements which benefit the pedestrian experience and have been agreed upon with City of Aspen staff.
Not applicable.
Include any additional information that pertains to the MMLOS plan in the space provided below.
Not applicable.
TDM
Include any additional information that pertains to the TDM plan in the space provided below.
Specific TDM measures will include transit access improvements owing to the newly installed sidewalks (#6), as well as bicycle parking and
outdoor storage for bicycles (#17).
MMLOS Site Plan Requirements
Include the following on a site plan. Clearly call out and label each measure. Attach the site plan to the TIA submittal.
Sidewalk Width and Buffer Width
Slopes Between Back of Curb and Sidewalk
Removed Driveway(s)
2% Slope at Pedestrian Driveway Crossings
Enhanced Pedestrian Access Point
Pedestrian Directness Factor (See callout number 9 on the MMLOS sheet for an example)
Additional Minor Pedestrian Improvement
Bicycle Parking
Enforcement and Financing
Provide an overview of the Enforcement and Financing plan for the proposed transportation mitigation measures.
ROW improvements will be required prior to issuance of a Certificate of Occupancy.
Scheduling and Implementation Responsibility of Mitigation Measures
Provide an overview of the scheduling and implementation responsibility for the proposed transportation mitigation measures.
Not applicable.
Monitoring and Reporting
Provide a monitoring and reporting plan. Refer to page 17 in the Transportation Analysis Guidelines for a list of monitoring plan
requirements. Components of a Monitoring and Reporting Plan should include (1) Assessment of compliance with guidelines, (2) Results
and effectiveness of implemented measures, (3) Identification of additional strategies, and (4) Surveys and other supporting data.
Exhibit B | DRC Referral Comments
61
Not applicable.
Exhibit B | DRC Referral Comments
62
Parks 1
Page: 31
Author: davidr
Date: 8/2/2022 10:59:32 AM
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
Parks Department recommends
that the Parks Development Fee
not be waived in this instance.
The proposed units are family
oriented and in our experience
this unit type shows higher park
usage.
31 (1)
Page: 48
Author: davidr
Date: 8/2/2022 1:10:41 PM
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
These 4 healthy mature trees
have mitigation value of
$38,000. The City Forester has
determined that they do have
value as part of the community
forest. Plan on submitting for a
Tree removal permit at Building
permit stage.
48 (2)
Page: 48
Author: davidr
Date: 8/2/2022 1:15:07 PM
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
Verify that these trees still exist
and if so, confirm that activity on
205 W Main property will not
impact their roots. City Forester
may require air-spading to
expose roots....
Page: 51
Author: davidr
Date: 8/2/2022 1:07:55 PM
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
Remove crab apple trees & plan
on planting back species as
directed by City Forester.
Possibly 5 or 6 total.
51 (5)
Page: 51
Author: davidr
Date: 8/2/2022 12:50:14 PM
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
Check on viability of planting
trees here.
HPC Major Development
)
Page | 30
s may not exceed the Impact Fee and a developer shall not be reimbursed by the City for
pment which is smaller than the previous development.
100% affordable housing project, the applicant is requesting a waiver of all of
-referenced impact fees.
mpact fees
t fees are the result of the "City of Aspen Impact Fee Study and Update of School Lands
which was sponsored by the City of Aspen and completed by BBC Research and
ust 7, 2006. This study is available at the Community Development Department. On
, the Impact Fees were amended by the City of Aspen in order to make floor area the
instead of bedrooms. RRC Associates assisted with this effort. Impact fees are hereby
ws:
act Fee Schedule
t Fee
Parks Department recommends that the Parks
Development Fee not be waived in this instance. The
proposed units are family oriented and in our experience
this unit type shows higher park usage.
= 1'-0"
E PLAN | EXISTING | 1:10
These 4 healthy
mature trees have
mitigation value of
$38,000. The City
Forester has
determined that they
do have value as part
of the community
forest. Plan on
submitting for a Tree
removal permit at
Building permit stage.
Verify that these trees
still exist and if so,
confirm that activity on
205 W Main property
will not impact their
roots. City Forester
may require
air-spading to expose
roots....
DN
DN
DN
DN
UP
PLANTING
BED PLANTING
BED
PLANTING
BED
PLANTING
BED
LAWN LAWN LAWN
LAWN
W. MAIN STREET
100.00' PUBLIC R.O.W.S. FIRST STREET75.45' PUBLIC R.O.W.S 75°09'11" E 75.00' (R)0'49" W 100.00' (R)ss
LIGHT
WELL
LIGHT
WELL
LIGHT
WELL
LIGHT
WELL UNIT
101
UNIT
102
UNIT
103
UNIT
104PROPERTY LINESETBACKSETBACKCONCRETE SIDEWALK
PROPERTY LINE
PROPERTY LINESETBACK
Remove crab apple
trees & plan on
planting back species
as directed by City
Forester. Possibly 5 or
6 total.
DNDNUP
DNDN
DN
PROPOSED
TRASH
ENCLOSURE
FOOTPRINT
UTILITY METERS
PLANTING
BED PLANTING
BED
LAWN LAWN
W. MAIN STREET
100.00' PUBLIC R.O.W.
S 75°09'11" E 75.00' (R)
LIGHT
WELL
LIGHT
WELL
LIGHT
WELL
LIGHT
WELL
TRASH
ELEV.
UNIT
103
UNIT
104
UN
10PROPERTY LINESETBACKCONCRETE S
PROPERTY LINE
BBQ
SETBACK
Check on viability of
planting trees here.
Exhibit B | DRC Referral Comments
63
Page: 51
Author: davidr
Date: 8/2/2022 1:07:10 PM
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
Add at least two trees to this
area, maybe 3
Page: 51
Author: davidr
Date: 8/2/2022 1:09:14 PM
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
If sidewalk, curb and gutter will
be replaced plan on root barrier
at edges of curb and north side
of walk.
Page: 51
Author: davidr
Date: 8/2/2022 8:40:40 AM
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
Tree Protection Fencing in this
entire area.
Page: 67
Author: davidr
Date: 8/2/2022 12:58:57 PM
File Name: 205 W. Main HPC Major Devel App
19-MAY-22.pdf
12'-0"
67 (1)
DN
19'-0"LAWN
EXISTING PARKING
-TO BE REMOVED S. FIR75.4S 14°50'49" W 100.00' (R)LIGHT
WELL
IT
2 S-0"9'-0"
CH
BENCH
Add at least two trees
to this area, maybe 3
DN
DN
DN
DN
UP
PLANTING
BED PLANTING
BED
PLANTING
BED
PLANTING
BED
LAWN LAWN LAWN
LAWN
W. MAIN STREET
100.00' PUBLIC R.O.W.S. FIRST STREET75.45' PUBLIC R.O.W.S 75°09'11" E 75.00' (R)°50'49" W 100.00' (R)ss
LIGHT
WELL
LIGHT
WELL
LIGHT
WELL
LIGHT
WELL UNIT
101
UNIT
102
UNIT
103
UNIT
104PROPERTY LINESETBACKSETBACKCONCRETE SIDEWALK
PROPERTY LINE
PROPERTY LINESETBACK
If sidewalk, curb and
gutter will be replaced
plan on root barrier at
edges of curb and
north side of walk.T MAINAll ideas, design
indicated or repowned by and are
Architects, PC an
conjunction with
of the ideas, des
shall be used bywhatsoever witho
of David Johnsto
DN
DN
UP
PLANTING
BED
PLANTING
BED
LAWN
LAWN
S. FIRST STREET75.45' PUBLIC R.O.W.S 14°50'49" W 100.00' (R)ss
LIGHT
WELL
UNIT
101
UNIT
102 SETBACKALK
PROPERTY LINEBENCH
BENCH
Tree Protection
Fencing in this entire
area.
0'3' 6' 12'
SCALE: 1"= 6'-0"H
ONE STEPPERS &
ONE PATIO12'-0"
Exhibit B | DRC Referral Comments
64
MEMORANDUM
TO: Natalie Feinberg Lopez, Historic Preservation Officer
FROM: Bob Narracci, Zoning Administrator
DATE: August 1, 2022
RE: LPA-22-063 / 205 W. Main Street
Thank you for the opportunity to review this land use application and provide
comments prior to the land use entitlement process. Following and attached are
comments and observations from the Community Development Department, Zoning
Division:
1) On-Site Parking. The application indicates on pages 11, 14 and 15 that via
the Special Review process, the applicant is requesting a reduction in
required on-site parking from nine parking units to seven parking units. On
page 13, the application indicates that the proposal provides sufficient
parking to meet the requirements of the Land Use Code for multi-family
housing in the Mixed-Use Zone District. This statement is a bit unclear, when
the application contemplates requesting relief for the two additional on-site
parking units.
2) School Land Cash-in-Lieu. On pages 35, 36 and 37, the application requests a
School Land Cash-in-Lieu waiver, and that the applicant will provide the
calculations for fee-in-lieu if City Council does not approve the exemption. It
is suggested that City Council will want to know how much money they are
being asked to waive. The fee in lieu calculations should be provided prior to
hearing and consideration by City Council.
3) On plan sheet A1.02, the proposed site plan, the proposed BBQ, if built in
with a hard gas line, cannot be located between a street and a structure.
There must be structure between the street and the BBQ. Please reference
Land Use Code section 26.575.020.(e).(5).m.
4) On plan sheet A1.02, the proposed site plan, Wildlife-resistant trash and
recycling enclosures located in commercial, mixed-use, or lodging zone
districts are not exempt from setback requirements and shall comply with
zone district requirements for Utility/Trash/Recycle areas. Reference
26.575.020.(e).(5).t. Wildlife Resistant Trash and Recycling Enclosures. The
minimum side yard setback is five feet. If the trash enclosure area has a roof
on it, then it will count as FA and will need to meet setbacks. If it is a fenced
area (max 6 foot tall fence), then will not count as FA and can be in setback.
Exhibit B | DRC Referral Comments
65
Could also have an electric metal mesh roof to keep wildlife out. HPC could
grant a setback variance.
5) On plan sheet A1.03, Elevators count as floor area on every level except the
topmost level that the elevator serves. Reference section 26.575.020.(d).(2).
Vertical Circulation.
6) Please reference the attached marked-up copy of plan sheet A1.03 regarding
subgrade calculations, floor area, deck area and non-unit space.
7) On plan sheet A1.04, add up the Net Livable area for the total storage areas
and then divide by nine to split evenly between each unit.
8) On plan sheet A1.05, Roof, please provide height over topography height
points and a height over topography table. Reference Section
26.575.020.(f).(3).b. Measuring height within the footprint of the building.
Also reference, COA Height Measurement Example located at
https://www.cityofaspen.com/DocumentCenter/View/3012/COA-Height-
Measurement_Example
Please contact Bob Narracci with any questions you may have. (970) 429-2754, or
bob.narracci@aspen.gov.
Exhibit B | DRC Referral Comments
66
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.03FARAFFORDABLE HOUSINGSheet No.UPDNUPDNDECK34.10 sq ftDECK34.10 sq ftDNDNDNPP#201-3 BED AH UNIT1,157.15 sq ft#202-3 BED AH UNIT1,251.39 sq ft#101-3 BED AH UNIT383.23 sq ftDECK236.65 sq ftSTORAGE20.49 sq ftSTORAGE21.61 sq ftDECK69.19 sq ftUPDECK34.26 sq ftDECK34.26 sq ftDECK37.61 sq ft#302-3 BED AH UNIT1,118.28 sq ft#301-2 BED AH UNIT964.02 sq ftSTORAGE23.18 sq ftSTORAGE23.19 sq ftDECK136.49 sq ftDNUPDNUPDNUP1213141516171819239147235611108202122DECK34.68 sq ftUPNNNNDNNNUPDNUPt#105-2 BED AH UNIT546.17 sq ft#103-2 BED AH UNIT533.91 sq ft#104-2 BED AH UNIT544.02 sq ft#101-3 BED AH UNIT555.07 sq ft#102-2 BED AH UNIT496.02 sq ftDECK58.98 sq ftSTORAGE15.07 sq ftMECH.66.80 sq ftEGRESS93.44 sq ftSTORAGE14.95 sq ftSTORAGE15.75 sq ftDNDNUPDNDNDNDNUPDECK27.07 sq ftDNDNDNPDN#105-2 BED AH UNIT525.60 sq ft#103-2 BED AH UNIT514.42 sq ft#104-2 BED AH UNIT505.72 sq ftDECK64.81 sq ft#101-3 BED AH UNIT445.59 sq ft#102-2 BED AH UNIT479.67 sq ftSTORAGE18.24 sq ftSTORAGE18.24 sq ftF.A.R. SCHEDULEUNIT#101102103104105201202301302DECKEGRESSMECH.LEVELLOWERMAIN LEVELMAIN LEVELSECOND LEVELLOWERMAIN LEVELMAIN LEVELLOWERLOWERMAIN LEVELLOWERLOWERMAIN LEVELLOWERLOWERMAIN LEVELSECOND LEVELSECOND LEVELSECOND LEVELSECOND LEVELTHIRD LEVELTHIRD LEVELTHIRD LEVELTHIRD LEVELLOWERMAIN LEVELSECOND LEVELTHIRD LEVELLOWERLOWERUSE#101-3 BED AH UNIT#101-3 BED AH UNITSTORAGE#101-3 BED AH UNIT#102-2 BED AH UNIT#102-2 BED AH UNITSTORAGE#103-2 BED AH UNITSTORAGE#103-2 BED AH UNIT#104-2 BED AH UNITSTORAGE#104-2 BED AH UNIT#105-2 BED AH UNITSTORAGE#105-2 BED AH UNIT#201-3 BED AH UNITSTORAGE#202-3 BED AH UNITSTORAGE#301-2 BED AH UNITSTORAGE#302-3 BED AH UNITSTORAGEDECKDECKDECKDECKEGRESSMECH.TOTAL AREA555.07445.5918.24383.23496.02479.6718.24533.9114.95514.42544.0215.07505.72546.1715.75525.601,157.1521.611,251.3920.49964.0223.191,118.2823.1893.6691.88374.04242.6293.4466.8011,153.42 ft²114.02 sq ft57.01 sq ft57.01 sq ft121.15 sq ft114.02 sq ft114.02 sq ft9'-6"9'-6"195.79 sq ft52.06 sq ft20.59 sq ft174.99 sq ft11.09 sq ft194.39 sq ft222.11 sq ft200.73 sq ft168.66 sq ft21.97 sq ft52.06 sq ft239.92 sq ft456.89 sq ft342.07 sq ft112.44 sq ft451.34 sq ft13.86 sq ft116.40 sq ft95.42 sq ft35.63 sq ft58.99 sq ft21.38 sq ft401.06 sq ft 3659.84 SF TOTAL BELOW GRADE WALL AREA -577.23 SF TOTAL EXPOSED BELOW GRADE WALL AREA 3082.61 SF TOTAL BURIED BELOW GRADE WALL AREA84.2% BURIED15.8% EXPOSED1234567891011121314151617 181920 2122 23HISTORIC STRUCTUREPROPOSEDSTRUCTURE1314.44 SF2345.40 SFSCALE: 1/8" = 1'-0"2SECOND LEVEL AREA PLANSCALE: 1/8" = 1'-0"3THRID LEVEL AREA PLANSCALE: 1/8" = 1'-0"-1.LOWER LEVEL AREA PLANSCALE: 1/8" = 1'-0"1MAIN FLOOR AREA PLANSCALE: 1/8" = 1'-0"-1.LOWER LEVEL BURIED WALL CALCSElevators count asFA on every levelexcept the top mostlevel.Elevators count asFA on every levelexcept top mostlevel.ThirdElevator exempt fromFA on top most floorExhibit B | DRC Referral Comments 67
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.04NET LIVABLEAFFORDABLE HOUSINGSheet No.UPDNUPDNDN#202-3 BED AH UNIT1,176.27 sq ft#201-3 BED AH UNIT1,089.24 sq ft#101-3 BED AH UNIT275.58 sq ftSTORAGE17.25 sq ftSTORAGE17.25 sq ftUP#302-3 BED AH UNIT1,048.43 sq ft#301-2 BED AH UNIT866.22 sq ftSTORAGE20.36 sq ftSTORAGE20.36 sq ftDNUPDNUPUPDNUPUPSTORAGE10.58 sq ftSTORAGE10.58 sq ftSTORAGE10.58 sq ftUPUPDNNNUPUPDN#104-2 BED AH UNIT492.09 sq ft#103-2 BED AH UNIT465.07 sq ft#102-2 BED AH UNIT428.11 sq ft#101-3 BED AH UNIT481.83 sq ft#105-2 BED AH UNIT441.66 sq ftDNDNUPDNDNDNDNSTORAGE13.15 sq ft#105-2 BED AH UNIT421.61 sq ftSTORAGE13.15 sq ftDNDNDN#103-2 BED AH UNIT430.94 sq ft#104-2 BED AH UNIT422.87 sq ft#102-2 BED AH UNIT393.89 sq ft#101-3 BED AH UNIT415.11 sq ftN.L.A. SCHEDULEUNIT#101102103104105201202301302#101-3 BED AH UNIT#101-3 BED AH UNIT#101-3 BED AH UNITSTORAGE#102-2 BED AH UNIT#102-2 BED AH UNITSTORAGE#103-2 BED AH UNIT#103-2 BED AH UNITSTORAGE#104-2 BED AH UNIT#104-2 BED AH UNITSTORAGE#105-2 BED AH UNIT#105-2 BED AH UNITSTORAGE#201-3 BED AH UNITSTORAGE#202-3 BED AH UNITSTORAGE#301-2 BED AH UNITSTORAGE#302-3 BED AH UNITSTORAGELEVELLOWERMAIN LEVELSECOND LEVELMAIN LEVELLOWERMAIN LEVELMAIN LEVELMAIN LEVELLOWERLOWERLOWERMAIN LEVELLOWERLOWERMAIN LEVELLOWERSECOND LEVELSECOND LEVELSECOND LEVELSECOND LEVELTHIRD LEVELTHIRD LEVELTHIRD LEVELTHIRD LEVELAREA481.83415.11275.5813.15428.11393.8913.15430.94465.0710.58492.09422.8710.58441.66421.6110.581,089.2417.251,176.2717.25866.2220.361,048.4320.368,982.18 ft²SCALE: 1/8" = 1'-0"2SECOND LEVEL N.L.A. PLANSCALE: 1/8" = 1'-0"3THIRD LEVEL N.L.A. PLANSCALE: 1/8" = 1'-0"-1.LOWER LEVEL N.L.A. PLANSCALE: 1/8" = 1'-0"1MAIN FLOOR N.L.A. PLANExhibit B | DRC Referral Comments 68
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA2.01ELEVATIONSAFFORDABLE HOUSINGSheet No.111098765321H6H5H4H3H2H14100'-0"MAIN LEVEL100'-0"MAIN LEVEL108'-10"SECOND LEVEL108'-10"SECOND LEVEL118'-4"THIRD LEVEL118'-4"THIRD LEVEL26'-0"24'-1"ASPHALT SHINGLEMETAL SHINGLE4" LAP SIDING6" LAP SDING8" LAP SIDINGVERTICAL SIDINGMETAL GUSSET PLATEASPHALT SHINGLE6" LAP SDINGSCALLOPED SHINGLESCALLOPED SHINGLENMLKJHGHDFEDHCCBHBAHA100'-0"MAIN LEVEL100'-0"MAIN LEVEL108'-10"SECOND LEVEL108'-10"SECOND LEVEL118'-4"THIRD LEVEL118'-4"THIRD LEVEL21'-10"27'-6"ASPHALT SHINGLEMETAL SHINGLE6" LAP SDING8" LAP SIDINGVERTICAL SIDINGASPHALT SHINGLE6" LAP SDING6" LAP SIDINGWITH COLORGRADIENTSCALLOPED SHINGLESCALE: 1/4" = 1'-0"1NORTH ELEVATION02'4'8'SCALE: 1/4" = 1'-0"2EAST ELEVATION02'4' 8'Exhibit B | DRC Referral Comments 69
Hi Amy and Members of the Historic Preservation Commission, my wife and I are longtime local Aspen
residents and we live at 222 W Hopkins, #5. I am writing to express our concerns about the proposed
project. We have been in contact with our next-door neighbor, David Scruggs, and we fully support his
email to you about this project. Like David, we are very supportive of more affordable housing for our
community. However, we are very concerned with the density, size, site and parking of this project. We
do agree with the changes that David has so thoughtfully proposed and believe it is a better compromise
to suit the neighborhood. In the end, it seems to be a better balance to increase affordable housing,
while maintaining quality of life in our community.
Thank you!
Best regards,
Bart & Patti Holtzman
222 W Hopkins Ave #5
Aspen CO 81611
303.884.9343
Exhibit C | Public Comments Received
70
Public Comments from David Melton
• Comment #1: There is currently no sidewalk along the west side of 1st Street. A sidewalk
should be built along 1st street, especially as it approaches Main Street for the safety of
the new residents.
• Comment #2: The height and massing of the rear addition is too large and inconsistent
with the neighborhood context. Please consider removing the third floor of the rear
building. This will only result in a reduction of two bedrooms and is more sensitive to
the neighborhood context. Additionally, because there are only seven parking spaces,
reducing the development by two bedrooms will further reduce parking
impacts/pressure to the surrounding area.
Exhibit C | Public Comments Received
71
From:David Scruggs
To:Amy Simon; Kevin Rayes
Subject:Development of Affordable Housing at 205 West Main
Date:Thursday, October 20, 2022 10:44:33 AM
Attachments:map and aerial only.pdf
October 20, 2022
Members of the Historic Preservation Commission
Thank you for taking the time to read my public comment. I live in a landmark at 212 West
Hopkins and share an alley with this project. I have a lot of concerns about the size of the
proposal and impacts of the proposed density on the neighborhood and on the future residents
that will live at 205 W. Main. I do not oppose affordable housing and I honestly think this is a
good location for affordable housing as long as the project is appropriately sized and in
compliance with your guidelines .
205 West Main Street was originally located on East Hallam Street at the intersection of
Monarch Street. This one and half story modest residence was constructed between 1890 and
1898 based on the Sanborn Fire Insurance Maps (1904 map is below). The Denver Public
Library western heritage collection includes a photograph of the house in its original location.
(See attached)
I will keep my thoughts brief and to the point.
Size and Scale
As a corner lot in a historic district, this project is just too large. I understand the desire to
house as many people as possible, but not at the expense of the historic district, the one and a
half story landmark, and the surrounding historic buildings in the block. The landmark is
swallowed up by the surrounding new buildings. A three story building without any upper
floor setbacks is too tall compared to the landmark. I do not see how your guidelines 11.3 and
11.4 and the Main Street specific guidelines 3.4, 3.6, and 3.8 are met.
Putting the guidelines aside, the project asks for more floor area than typically permitted based
on specific review criteria. The application states that additional floor area does not “have any
significant impact on the height, density, setbacks, or other parameters.” Adding floor area to
this historic property absolutely facilitates taller buildings, bigger buildings, more density and
less open space – counter to the character description of the Main Street Historic District and
to the modest one and half story historic building.
In light of this we request HPC REMOVE the THIRD FLOOR of the new building to better
relate to the neighborhood and the small landmark on the property.
Site plan
The building may not be in its original location, but the generous front yard along Main Street
is characteristic of its original location shown on the 1904 map. This is also listed as important
in your Main Street Historic District guidelines: “the rhythm of mature cottonwood, ditches
and sidewalk, and generous yards with one- and two- story Victorian buildings strongly
convey Aspen’s mining heritage.” Moving the house toward Main Street into a corner changes
that relationship. According to your historic guidelines 1.1 and 1.7, projects are supposed to
respect the historic development pattern of the block and district and to provide open space
between buildings. I do not see how there is enough “positive open space” on the site. The
Exhibit C | Public Comments Received
72
number of lightwells and limited space between buildings removes any opportunity to enjoy
the space between the buildings. The three story building across the back of the property
creates a huge backdrop that cuts off any feeling of openness on the property.
I ask HPC to consider the historic context of the building when it was located on Hallam
Street and in its current location on Main Street, and to find an appropriate compromise that
PROVIDES MORE OPEN SPACE around the landmark and some transparency through the
property.
Density
9 units are proposed with 21 bedrooms. Many of the units are more below grade than above
grade, which makes some sense in the landmark building but does not make sense in
completely new construction. All of the units, with the exception of Unit 104, are smaller than
the minimum requirement. The need for variances from the City’s standards demonstrates that
there are just too many units and bedrooms jammed onto this property. We ask that HPC
REDUCE the NUMBER of UNITS to SIX.
Parking
9 units and 21 bedrooms are proposed with 7 parking spaces. I understand that the rules only
require 7 parking spaces, but this seems extremely inadequate. Two and three bedroom units
need at least one parking space per unit. The neighborhood is already overparked being so
close to downtown and there is very limited street parking.
In the block bounded by West Main and West Hopkins between 1st and 2nd Steets are 43
dwelling units with only 29 parking places provided on site, including this proposal at 205
West Main. That one block will have a deficit of 14 parking places on site. Combined with
smaller subgrade units and barely any storage, the lack of parking brings into question the
actual livability of this project for future residents. We ask that the HPC provide on site at a
minimum ONE PARKING SPACE PER UNIT.
In summary we request the following:
Size and Scale- REMOVE the THIRD FLOOR
Site Plan- PROVIDE MORE OPEN SPACE
Density- REDUCE the NUMBER of UNITS to SIX.
Parking - PROVIDE ONE PARKING SPACE PER UNIT.
Thank you for reading my concerns. I support affordable housing and agree that this is a good
location for an affordable housing project. My biggest concerns are the size and scale of the
new construction relative to the one and half story landmark, and the general livability for the
future residents considering the units are smaller than required, subgrade, with very limited
storage, and inadequate parking space.
Respectfully submitted
David Scruggs
212 West Hopkins Avenue
9014934820
David Scruggs
Attorney at Law
Exhibit C | Public Comments Received
73
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com • evanspetree.com
NOTE: The information transmitted is intended only for the person or entity to which it is addressed and may contain CONFIDENTIAL
and/or PRIVILEGED material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this
information by persons or entities other than the intended recipient is strictly prohibited. If you received this in error, please contact
the sender and promptly delete the material from your computer system. The attorney-client and work product privileges are not
waived by the transmission of this message.
IRS Circular 230 requires that we inform you that the advice contained herein is not intended to be used, and it cannot be used, for
the purpose of avoiding penalties that may be imposed by the Internal Revenue Service
Exhibit C | Public Comments Received
74
Exhibit C | Public Comments Received
75
Exhibit C | Public Comments Received
76
Land Use Application
City of Aspen Historic Preservation Commission
20 May 2022
Location: 205 W. Main Street, Aspen, CO (PID# 273512454003)
An application for Conceptual Review, including Relocation, Special Review, and
GMQS Affordable Housing Credits
Planning Representation: Architect:
Exhibit D | Application
77
205 W. Main Street / HPC Major Development
(PID# 273512454003)
20 May 2022 Page | 1
TABLE OF CONTENTS
Project Overview and Land Use Code Response
Attachment 1 - City of Aspen Land Use Application Form and Dimensional
Requirements Form
Attachment 2 - Vicinity Map and Property Description
Attachment 3 - Site Improvement Survey
Attachment 4 - Architectural Plans, Renderings, and Schematic Landscape
Plan
Attachment 5 - Historic Structure Relocation Assessment
Attachment 6 - Table of Net Livable Area for Each Dwelling Unit
Attachment 7 - Signed Fee Agreement
Attachment 8 - Letter Authorizing Representation
Attachment 9 - HOA Compliance Form
Attachment 10 - Proof of Ownership
Attachment 11 - List of Adjacent Property Owners
Attachment 12 - Pre-Application Conference Summary, dated 3 February 2022
Exhibit D | Application
78
205 W. Main Street / HPC Major Development
(PID# 273512454003)
20 May 2022 Page | 2
PROJECT OVERVIEW
This application is submitted on behalf of Conservation Housing Partners LLC (the “Applicant”) for
the property located at 205 W Main Street, Aspen, Colorado, PID# 273512454003 (the “Property”).
The Property is a 7,500 square foot lot which contains a Victorian era single family home or miner’s
cottage with accessory dwelling unit. The home was constructed in 1890 and moved to its current
location in 1949 from a location just outside the Aspen Townsite. The Property is zoned Mixed-Use
(MU) and has landmark designation.
The intent of this application is to create a multi-family affordable housing project with nine (9)
deed-restricted units. These units would allow for the generation of City of Aspen Affordable
Housing Credits. Multi-family affordable housing is a permitted use in the MU zone district and this
location affords exceptional access to the commercial core, adjacent lodging, and public
transportation. For this reason, the project will provide well-located and amenity-rich workforce
housing. Three (3) of the units would be three-bedroom and the remaining six (6) units would be
two-bedroom.
The scope of work includes the demolition of a small non-historic addition at the southwest corner
of the miner’s cottage and re-positioning on a new foundation at the northeast corner of the
Property. A small non-historic shed on the Property would be removed as well. The basement
would be expanded to provide additional net livable area. A new detached structure would form
an L-shape along the west and south sides of the historic resource with fully compliant setbacks.
Seven (7) parking spaces will be provided along the alley, one of which will be a dimensionally
appropriate handicapped space. The seven spaces will require cash-in-lieu for 2 spaces to meet
the code requirement for parking. Other code requirements, such as setback, height, and
separation between buildings are all met by the proposed development. As is permitted by code,
Special Review is requested to allow for a 1.1:1 floor area ratio. This would provide an allowable
floor area of 8,250 SF. The currently requested floor area for this project is 7,939 SF. The additional
floor area does not increase the bulk and massing of the proposed development. Rather, it allows
for expanded light wells to subgrade areas, improving the livability of those units with subgrade
components.
Certain of the units are slightly below the Aspen-Pitkin County Housing Authority size standards for
two- and three-bedroom units. Certain units also are slightly greater subgrade than the 50%
maximum subgrade requirement. Both of these conditions are illustrated in the accompanying
architectural drawings and tables. The Land Use Code allows for variations based on special
review approval for these conditions. Key criteria for this special review include the overall livability
of the units and the provision of additional external storage. A substantial amount of additional
storage is provided consisting of 170 SF allocated to the units on the various levels.
Given the proximity to the commercial core and Main Street lodging facilities, we believe that this
location is uniquely situated to provide in-town livability for working locals. The restoration and
preservation of the historic miner’s cottage at a prominent corner location preserves an important
example of Aspen’s historic built environment. The new construction is designed to complement
the historic resource through its formal elements and materials. The site will be well-landscaped,
with a common patio area. Streetscape improvements along First Street will include the
elimination of an informal parking area currently in the City right-of-way and appropriate street
tree plantings. Given the urgency for affordable housing in Aspen, the Applicant is requesting that
expedited review be provided for this important project.
Exhibit D | Application
79
205 W. Main Street / HPC Major Development
(PID# 273512454003)
20 May 2022 Page | 3
LAND USE CODE RESPONSE
Sec. 26.304.035. - Neighborhood Outreach
(a) Purpose. In order to facilitate citizen participation early in the development review process, the City
requires development applications to conduct neighborhood outreach. The purpose of the outreach
is to inform neighbors and interested members of the public about the project. The applicant must
show a concerted effort to inform neighbors and the public about the application prior to the first
public hearing.
(b) Applicability. A neighborhood meeting shall be required on any development proposal that is
subject to City Council review unless the Community Development Department determines as a part
of the pre-application conference that the development proposal is limited in nature. In addition, the
Community Development Department may make a determination that neighborhood outreach is
required for significant development applications reviewed by the Planning and Zoning Commission
or Historic Preservation Commission.
It is the Applicant’s intention to provide Neighborhood Outreach and it is understood
that such outreach will be required consistent with the terms of this Section.
(c) Appropriate forms of public outreach. The applicant must choose to do one (1) or more of the
following forms of neighborhood outreach. Community Development Department staff may, as part
of the pre-application conference, suggest certain forms of neighborhood outreach that would be
most appropriate for a development application. In addition, Community Development Department
staff may identify specific aspects of the project or potential impacts of the project that should be
addressed as part of the neighborhood outreach.
(1) Information meeting. The applicant must hold a neighborhood meeting to gain input from
neighbors and citizens. The meeting must be open and accessible to the general public and
held in a location in proximity to the proposed development or in a publicly accessible
building such as City Hall or the Public Library. The applicant or applicant's representative
shall attend the neighborhood meeting and be available to answer questions from the public.
The applicant shall be responsible for scheduling and coordinating the neighborhood
meeting. Renderings, modeling, or other visual representations of the project within its
context is required. The applicant must conduct a minimum level noticing, pursuant
to Section 26.304.060(e)(3)c., to ensure the public is aware of the meeting. Additional
noticing beyond that called for in Section 26.304.060(e)(3)c. may be provided.
(2) On-line meeting. The applicant must conduct an on-line meeting to gain input from
neighbors and citizens. The meeting must be open to the general public. The applicant or
applicant's representative shall attend the on-line meeting and be available to answer
questions from the public. The applicant shall be responsible for scheduling and
coordinating the on-line forum. Renderings, modeling, or other visual representations of the
project within its context is required. The applicant must conduct a minimum level noticing,
pursuant to Section 26.304.060(e)(3)c., to ensure the public is aware of the on-line meeting.
Additional noticing beyond that called for in Section 26.304.060(e)(3)c. may be provided.
(3) Enhanced public information. The applicant must provide detailed information on the
project in the form of a project website, a detailed public notice mailing, etc. that explains
the proposal, outlines the review process, provides visual rendering or maps, or any other
information that will describe the project in layman's terms. The applicant shall be
responsible for coordinating the information. The applicant must conduct a minimum level
noticing, pursuant to Section 26.304.060(e)(3)c., to ensure the public is aware of a website,
etc. Additional noticing beyond that called for in Section 26.304.060(e)(3)c. may be
provided.
Exhibit D | Application
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(4) Individual outreach. The applicant must conduct individual or small group meetings with
neighbors of the project. The applicant shall be responsible for organizing and attending
the meetings. At the meetings, the applicant should provide a summary of the proposal,
including basic use-type information, building height, and renderings.
(5) Any other form of neighborhood outreach that will provide neighbors a genuine opportunity
to understand the development proposal and provide comments to the application.
The Applicant intends to provide enhanced public information (Item 3) to be included
with the required public notice mailings. The enhanced public information will include
visual renderings and a description of the proposed project, along with a statement of
community benefits. Additionally, the Applicant will provide an in-person informational
meeting (Item 1) at a location to be approved by Community Development staff. The
informational meeting will include project representatives capable of answering
questions from the public, as well graphic representations of the proposed project.
(d) Summary of Public Outreach. A written summary of the neighborhood outreach, as well as the
method of public notification, shall be prepared by the applicant and submitted as part of the official
record - either as part of the initial application or as an addendum to the application. Any
documentation that was presented to the public as part of the outreach should also be included as
part of the official record.
The Applicant will provide a written summary of the neighborhood outreach and method
of public notification, which will be submitted to Community Development prior to any
scheduled hearings on the application.
Sec. 26.415.070(d). - Development involving designated historic property or property within
a historic district.
(d) Certificate of appropriateness for major development.
(1) The review and decision on the issuance of a certificate of appropriateness for major
development shall begin with a determination by the Community Development Director that the
proposed project constitutes a major development. A major development includes one or more
of the following activities:
a. The construction of a new structure within a historic district; and/or
b. Alterations to more than three (3) elements of a building façade including its windows,
doors, roof planes or materials, exterior wall material, dormers, porches, exterior staircase,
balcony or ornamental trim; and/or
c. The expansion of a building increasing the floor area by more than two hundred and fifty
(250) square feet; and/or
d. Any new development that has not been determined to be minor development.
This project meets the criteria for a major development.
(2) The procedures for the review of major development projects include a two-step process
requiring approval by the HPC of a conceptual development plan and then a final development
plan. If a major development project involves additional City Land Use approvals, the
Exhibit D | Application
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Community Development Director may consolidate or modify the review process accordingly,
pursuant to Subsection 26.304.060(b).
This application provides a conceptual development plan. It is understood that initial
reviews will be performed by the Historic Preservation Commission.
(3) Conceptual development plan review.
a. An application for a conceptual development plan shall include the following:
1. The general application information required in Section 26.304.030.
2. A site plan and survey showing property boundaries, the location and orientation of
existing and proposed improvements and predominant site characteristics.
3. Scaled drawings of all proposed structure(s) or addition(s) depicting their form,
including their height, massing, scale, proportions and roof plan; and the primary
features of all elevations.
4. Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
5. Supplemental materials to provide a visual description of the context surrounding the
designated historic property or historic district including at least one (1) of the
following: diagrams, maps, photographs, models or streetscape elevations.
6. Verification that the proposal complies with Chapter 26.410, Residential design
standards or a written request for a variance from any standard that is not being met.
The components of a conceptual plan for plan review have been provided as part of
this application. Residential design standards have been met as indicated by the
attached architectural drawings.
b. The procedures for the review of conceptual development plans for major development
projects are as follows:
1. The Community Development Director shall review the application materials submitted
for conceptual or final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing before the
HPC shall be scheduled. Notice of the hearing shall be provided pursuant to Section
26.304.060(e)(3) Paragraphs a, b and c.
2. Staff shall review the submittal material and prepare a report that analyzes the project's
conformance with the design guidelines and other applicable Land Use Code sections.
This report will be transmitted to the HPC with relevant information on the proposed
project and a recommendation to continue, approve, disapprove or approve with
conditions and the reasons for the recommendation. The HPC will review the
application, the staff analysis report and the evidence presented at the hearing to
determine the project's conformance with the City Historic Preservation Design
Guidelines.
3. The HPC may approve, disapprove, approve with conditions or continue the application
to obtain additional information necessary to make a decision to approve or deny.
4. A resolution of the HPC action shall be forwarded to the City Council in accordance
with Section 26.415.120—Appeals, notice to City Council, and call-up. No applications
for Final Development Plan shall be accepted by the City and no associated permits
shall be issued until the City Council takes action as described in said section.
c. The effect of approval of a conceptual development plan is as follows:
1. Approval of a conceptual development plan shall not constitute final approval of a
major development project or permission to proceed with the development. Such
authorization shall only constitute authorization to proceed with the preparation of an
application for a final development plan.
Exhibit D | Application
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2. Approval of a conceptual development plan shall be binding upon HPC in regards to
the location and form of the envelope of the structure(s) and/or addition(s) as depicted
in the conceptual plan application including its height, scale, massing and proportions.
No changes will be made to this aspect of the proposed development by the HPC as part
of their review of the final development plan unless agreed to by the applicant. If the
applicant chooses to make substantial amendments to the conceptual design after it has
been approved, a new conceptual development approval hearing shall be required,
pursuant to Section 26.415.070.(d)(3).
3. Unless otherwise specified in the resolution granting conceptual development plan
approval, a development application for a final development plan shall be submitted
within one (1) year of the date of approval of a conceptual development plan. Failure to
file such an application within this time period shall render null and void the approval
of the conceptual development plan. The Community Development Director may grant
an extension of this limitation if the delay has been caused by the application requiring
additional reviews or similar delays that could not have been reasonably predicted by
the applicant. The Historic Preservation Commission may, at its sole discretion and for
good cause shown, grant a one-time extension of the expiration date for a conceptual
development plan approval for up to six (6) months provided a written request for
extension is received no less than thirty (30) days prior to the expiration date.
The procedures for Conceptual Development Review are understood.
Chapter 26.415.090 Relocation of designated historic properties
The intent of this Chapter is to preserve designated historic properties in their original locations as much of
their significance is embodied in their setting and physical relationship to their surroundings as well as their
association with events and people with ties to particular site. However, it is recognized that occasionally the
relocation of a property may be appropriate as it provides an alternative to demolition or because it only has
a limited impact on the attributes that make it significant.
(a) Application. An application for relocation shall include:
(1) The general application information required in Section 26.304.030.
(2) A written description and/or graphic illustrations of the building, structure or object proposed
for relocation.
(3) A written explanation of the type of relocation requested (temporary, on-site or off-site) and
justification for the need for relocation.
(4) A written report from a licensed engineer or architect regarding the soundness of the building,
structure or object, its ability to withstand the physical move and its rehabilitation needs, once
relocated.
(5) A conceptual plan for the receiving site providing preliminary information on the property
boundaries, existing improvements and site characteristics and the associated planned
improvements.
(6) If the applicant does not own the receiving site, proof from the site's property owner of the
willingness to accept the relocated building, structure or object.
(7) Evidence that the applicant has or is seeking the necessary approvals to place the building on
the identified receiving site. If the site is outside of the city limits, verification that the building
will be preserved on its new site through a formal action of the other jurisdiction or a
preservation easement.
(8) Evidence of the financial ability to undertake the safe relocation, preservation and repair of the
building, structure or object; site preparation and construction of necessary infrastructure
through the posting of bonds or other financial measures deemed appropriate.
(9) Supplementary materials to provide an understanding of the larger context for the relocated
property and its impact on adjacent properties, the neighborhood or streetscape.
Exhibit D | Application
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Graphic illustrations of the building are provided with this application. The relocation will
be on-site and provide for the full development of the Property as affordable housing.
Relocation will provide a permanent and improved foundation that will stabilize the
historic resource. The architects attest to the soundness of the building and its ability to
withstand a physical move and rehabilitation. The conceptual plan for the relocation is
provided as part of this application. The receiving site is owned by the applicant and is
within the jurisdiction of the City of Aspen. The applicant has the financial ability to
undertake the safe relocation of the historic resource as well as carrying forward the
other aspects of this application. Bonding or other financial instruments may be provided
as stipulated in final approval for the project.
Illustrations have been provided to give an understanding of the larger context for the
relocated property, as wells as its impact on adjacent properties, the neighborhood, or
streetscape. The proposed development is in conformance with zoning parameters for
the Mixed-Use zone district and is consistent with other development along Main Street.
(b) Procedures for the review of relocation request.
(1) The Community Development Director shall review the application materials submitted for
relocation approval. If they are determined to be complete, the applicant will be notified in
writing of this and a public hearing before the HPC shall be scheduled.
(2) Notice for the review of the relocation request shall include publication, posting and mailing
pursuant to Section 26.304.060(e)(3) Paragraphs a, b and c.
(3) If the relocation request is part of a major development project, the Community Development
Director may consolidate or modify the review process accordingly pursuant to Section
26.304.060(b).
(4) Staff shall review the submittal material and prepare a report that analyzes the project's
conformance with the standards for relocation approval set forth below, the City Historic
Preservation Design Guidelines and other applicable Land Use Code sections. This report will
be transmitted to the HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions and the reasons
for the recommendation. The HPC will review the application, the report and the evidence
presented at the hearing to determine if the standards for relocation have been met.
(5) The HPC shall approve, disapprove, approve with conditions or continue the application to
obtain additional information necessary to make a decision to approve or deny.
(6) A resolution of the HPC action will be forwarded to the City Council in accordance with Section
26.415.120 and no relocation will occur until after the thirty (30) day "call up" period of the
City Council has expired.
These procedures are understood and appropriate public notice will be provided by the
Applicant.
(c) Standards for the relocation of designated properties. Relocation for a building, structure or object
will be approved if it is determined that it meets any one of the following standards:
(1) It is considered a noncontributing element of a historic district and its relocation will not affect
the character of the historic district; or
(2) It does not contribute to the overall character of the historic district or parcel on which it is
located and its relocation will not have an adverse impact on the Historic District or property;
or
(3) The owner has obtained a certificate of economic hardship; or
(4) The relocation activity is demonstrated to be an acceptable preservation method given the
character and integrity of the building, structure or object and its move will not adversely affect
Exhibit D | Application
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205 W. Main Street / HPC Major Development
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the integrity of the Historic District in which it was originally located or diminish the historic,
architectural or aesthetic relationships of adjacent designated properties; and
The relocated property is a contributing element to the historic district, but its relocation
will not affect the character of the historic district. This standard has been met.
Additionally, for approval to relocate all of the following criteria must be met:
(1) It has been determined that the building, structure or object is capable of withstanding the
physical impacts of relocation;
(2) An appropriate receiving site has been identified; and
(3) An acceptable plan has been submitted providing for the safe relocation, repair and preservation
of the building, structure or object including the provision of the necessary financial security.
The architects have determined that the frame structure is capable of withstanding the
physical impacts of relocation. The actual relocation site is very close to the structure’s
existing location. An appropriate plan is provided for the safe relocation, repair, and
preservation of the building. Financial security will be provided as required.
(d) Procedures for considering request for relocation of properties under consideration for
designation. While it is the intent of this Chapter to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general welfare,
prosperity and civic pride of its citizenry cannot be identified, evaluated, documented and
designated at one time. However, it is important to protect properties which potentially qualify for
designation against needless loss until review and hearings can be completed.
(1) No relocation will be permitted for properties under consideration for designation to the Aspen
Inventory of Historic Landmark Site and Structures unless relocation approval is issued by the
Historic Preservation Commission or City Council.
(2) All properties under consideration for designation and, therefore, subject to the temporary stay
of relocation will be identified on a list maintained by the Chief Building Official. Property
owners will be notified by registered mail that their property is under consideration for
designation and have an opportunity to review all materials compiled at that time to verify
accuracy.
(3) These procedures shall apply to any building located within an area under preliminary
application for designation from the time the application is filed until the time action is taken
on the application by the City Council.
(4) If a public hearing to consider the application for designation is not held by the City Council
within six (6) months of the initiation of the stay, the stay will expire. An additional six-month
stay period may be approved by City Council in the form of a resolution, at a public hearing,
with a showing of good cause.
The proposed relocation is part of a major development project application. As such, it
will require approval by the Historic Preservation Commission and City Council.
Sec. 26.415.110. Historic Preservation Variations, Benefits.
The City is committed to providing support to property owners to assist their efforts to maintain, preserve
and enhance their historic properties. Recognizing that these properties are valuable community assets is
Exhibit D | Application
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205 W. Main Street / HPC Major Development
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the basic premises underlying the provision of special procedures and programs for designated historic
properties and districts.
Benefits to encourage good historic preservation practices by the owners of historic properties are an
important aspect of Aspen's historic preservation program. Historic resources are a valuable community
asset and their continued protection is the basic premises supporting the creation of an innovative package
of preservation tools that are unlike any other in the country.
Aspen's preservation benefits are in response to tight historic preservation controls that have been legislated
by the City since 1972. The Community Development Department and historic Preservation Commission
(HPC) are dedicated to assisting property owners in renovating and maintaining their property.
Aspen is unique. Its historic resources and spirit of community have not been duplicated anywhere else in
the world. It is this basic character that has helped make the City both economically vital and cherished by
many.
Only designated properties may be eligible for the following benefits.
(c) Variations. Dimensional variations are allowed for projects involving designated properties to create
development that is more consistent with the character of the historic property or district than what
would be required by the underlying zoning's dimensional standards.
(1) The HPC may grant variations of the Land Use Code for designated properties to allow:
a. Development in the side, rear and front setbacks;
b. Development that does not meet the minimum distance requirements between buildings;
c. Up to five percent (5%) additional site coverage;
d. Less public amenity than required for the on-site relocation of commercial historic
properties.
The present application is not requesting any dimensional variations.
(2) In granting a variation, the HPC must make a finding that such a variation:
a. Is similar to the pattern, features and character of the historic property or district; and/or
Enhances or mitigates an adverse impact to the historic significance or architectural
character of the historic property, an adjoining designated historic property or historic
district.
The present application is not requesting any dimensional variations. The proposed
design for the new development on the property will be consistent with the dimensional
requirements of the MU zone district and consistent with the pattern of development on
Main Street.
Sec. 26.470.080. General Review Standards: Affordable Housing
All Planning and Zoning Commission and City Council applications for growth management review shall
comply with the following standards.
(a) Sufficient Allotments. Sufficient growth management allotments are available to accommodate the
proposed development, pursuant to Subsection 26.470.040(b). Applications for multi-year
Exhibit D | Application
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205 W. Main Street / HPC Major Development
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development allotment, pursuant to Paragraph 26.470.110(a) shall be required to meet this standard
for the growth management years from which the allotments are requested.
Sufficient allotments are present for this affordable housing development. Multi-year
allotments are not required.
(b) Development Conformance. The proposed development conforms to the requirements and
limitations of this Title, of the zone district or a site specific development plan, any adopted
regulatory master plan, as well as any previous approvals, including the Conceptual Historic
Preservation Commission approval, the Conceptual Commercial Design Review approval and the
Planned Development - Project Review approval, as applicable.
The proposed development conforms to the requirements and limitations of the City of
Aspen Land Use Code and those of the Mixed-Use zone district. This application requests
Conceptual Historic Preservation Commission approval and other approvals as required.
(c) Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure
and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer.
Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and
communication utilities, drainage control, fire and police protection, solid waste disposal, parking
and road and transit services.
The proposed development will upgrade public infrastructure and facilities to serve the
project at the sole cost of the Applicant. Identified public infrastructure improvements
include the removal of an informal parking area along the First Street right-of-way and
the appropriate planting of street trees.
(d) Affordable Housing Mitigation. (Skipping to the applicable section.)
(7) For all affordable housing units that are being provided as mitigation pursuant to this Chapter
or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or
for any other reason:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority, as amended.
b. Required affordable housing may be provided through a mix of methods outlined in this
Chapter, including newly built units, buy down units, certificates of affordable housing
credit, or cash-in-lieu.
c. Affordable housing that is in the form of newly built units or buy-down units shall be located
on the same parcel as the proposed development or located off-site within the City limits.
Units outside the City limits may be accepted as mitigation by the City Council, pursuant
to Section 26.470.110(b). When off-site units within City limits are proposed, all requisite
approvals shall be obtained prior to approval of the growth management application.
d. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit,
pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120,
Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section
26.470.050(f), Employee/Square Footage Conversion.
e. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash-in-lieu payment
may be made by right. If the total mitigation requirement for a project is 0.1 or more FTEs,
a cash-in-lieu payment shall require City Council approval, pursuant to Section
26.470.110(c).
f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100(d),
Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin
Exhibit D | Application
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County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation.
g. Each unit provided shall be designed such that the finished floor level of fifty percent (50%)
or more of the unit's net livable area is at or above natural or finished grade, whichever is
higher. This dimensional requirement may be varied through Special Review, Pursuant
to Chapter 26.430.
The affordable housing units are being provided for the creation of Affordable Housing
Credits pursuant to Chapter 26.540. They will be newly built units not required as
mitigation for any associated development. As such, Sub-sections c through e above
are not applicable. The units will be deed restricted to a Category 4 rate as provided in
sub-section f above.
Certain of the units slightly exceed the fifty percent above grade requirement. Therefore,
a minor variation is requested by Special Review, as permitted. These units have larger
than required lightwells and other amenities in support of a Special Review variance.
(8) Affordable housing units that are being provided absent a requirement ("voluntary units") may
be deed-restricted at any level of affordability, including residential occupied (RO).
The units are voluntary units, but are proposed as Category 4 rental units. The applicant
reserves the right to change to a lower category at some future time.
Sec. 26.430.040. - Review standards for special review.
No development subject to special review shall be permitted unless the Planning and Zoning Commission
makes a determination that the proposed development complies with all standards and requirements set
forth below.
(a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are
subject to special review, the development application shall only be approved if the following
conditions are met.
Three types of special review are requested here:
1. Special review to increase the floor area ratio to 1.1:1 to allow for a development
of approximately 7,939 SF of floor area as opposed to the base FAR of 1:1 that
would allow for a development of 7,500 SF of floor area.
2. Special review to allow for slight modifications to the maximum 50% below grade
standard for certain units. This is required based on architectural limitations
relating to the historic resource.
3. Special review for a parking deficiency of two (2) parking spaces.
(1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the
proposed development are designed in a manner which is compatible with or enhances the
character of surrounding land uses and is consistent with the purposes of the underlying zone
district.
Neither of these special review requests will have any significant impact on the height, density,
setbacks, or other parameters. This project has been carefully designed to be compatible with
the neighborhood and enhance the character of surrounding land uses. Special review for the
Exhibit D | Application
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affordable housing units themselves will not affect the livability of the units, and will be consistent
with the underlying zone district and the Aspen Area Community Plan goals of providing as
much affordable housing as possible.
(2) The applicant demonstrates that the proposed development will not have adverse impacts on
surrounding uses or will mitigate those impacts, including but not limited to the effects of
shading, excess traffic, availability of parking in the neighborhood or blocking of a designated
view plane.
The proposed development will not have any adverse impacts on surrounding uses that will
require mitigation.
Sec. 26.470.100. Planning and Zoning Commission Applications, Affordable Housing
The following types of development shall be approved, approved with conditions or denied by the Planning
and Zoning Commission, pursuant to Section 26.470.060, Procedures for review, and the criteria for each
type of development described below. Except as noted, all growth management applications shall comply
with the general requirements of Section 26.470.080. Except as noted, the following types of growth
management approvals shall be deducted from the annual development allotments. Approvals apply
cumulatively.
(c) Affordable housing. The development of affordable housing deed-restricted in accordance with the
Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or
denied by the Planning and Zoning Commission based on the general requirements outlined
in Section 26.470.080.
(1) The proposed units shall be deed-restricted as "for sale" units and transferred to qualified
purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner
may be entitled to select the first purchasers, subject to the aforementioned qualifications,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines. The deed restriction shall
authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to
qualified renters as defined in the Affordable Housing Guidelines established by the
Aspen/Pitkin County Housing Authority, as amended.
The proposed units may be rental units, including but not limited to rental units owned by an
employer or nonprofit organization, if a legal instrument in a form acceptable to the City
Attorney ensures permanent affordability of the units. The City encourages affordable housing
units required for lodge development to be rental units associated with the lodge operation and
contributing to the long- term viability of the lodge.
Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County
or other similar governmental or quasi- municipal agency shall not be subject to this mandatory
"for sale" provision.
The proposed units are to be rental units generating Affordable Housing Credits. They may be
associated with lodging development elsewhere in the City of Aspen. A legal instrument in a
form acceptable to the City will ensure permanent affordability of the units.
Exhibit D | Application
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Sec. 26.515. Transportation and Parking Management
Sec. 26.515.020. Applicability
This Chapter applies to all development and redevelopment which meets the definition of Demolition, or is
a Change in Use, as defined in Chapter 26.470, Growth Management Quota System.
(a) Determination of Applicability. The applicant may request a preliminary pre-application conference
with staff from the Community Development Department to determine the applicability of the
requirements of this Chapter for the proposed development. The following chart details the process
for complying with the requirements of this Section through the creation of a mobility plan. The TIA
Guidelines are available on the City of Aspen website and may be used to determine whether a
project is subject to or exempt from the TIA.
(b) Requirements. This Chapter requires all applicable development to submit a Mobility Plan, which
addresses the following:
• TIA applicability, and
• TIA compliance (as applicable), and
• The provision of parking, and
• Cash-in-lieu of parking (as applicable), and
• Surplus mobility measures (as applicable).
The City then reviews the project's proposed TIA and Mobility Plan together as part of the project's Land
Use Application.
The Applicant will provide a TIA if required as part of the review of the proposed development.
The development proposal provides sufficient parking to meet the requirements of the land use
code for multi-family housing in the MU zone district. The proposed development does not provide
excess parking. The location of the proposed affordable housing will minimize vehicle trips and
allow residents to participate in a walkable environment.
Sec. 26.515.030. Transportation Mitigation
(a) General Requirements. All applicable development shall mitigate its projected transportation
impacts as provided in this Chapter. Refer to the Transportation Impact Analysis (TIA) for project
applicability. Mobility requirements shall be satisfied through use of the following approaches,
either alone or in combination
1. Mobility Measures. Applicable development must provide Transportation Demand
Management (TDM) and Multi-Modal Level of Service (MMLOS) measures as provided for in
the Transportation Impact Analysis (TIA) Guidelines. These measures shall be maintained for
the life of the development. All requirements shall be incorporated in the project's Development
Agreement, pursuant to Chapter 26.490, Development Documents.
2. Surplus Mobility Measures. Upon satisfaction of TIA requirements, a development's Mobility
Plan may include surplus mobility measures, where credit is provided over the minimum TIA
requirements and applied towards Parking Requirements outlined in Table 26.515-1. The
proportion of surplus mobility measures permitted for a development is outlined in Table
26.515-2.
If required, the proposed development will meet applicable measures as provided for in a TIA.
Exhibit D | Application
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Sec. 26.515.040. Parking Requirements
(a) General requirements. All applicable development shall accommodate its projected parking impacts
as provided in this Chapter. Parking Requirements shall be satisfied through use of the following
either alone or in combination.
(1) Parking Requirement Calculation. Parking Requirements shall be calculated for each use within
a development according to Table 26.515-1.
(2) Parking Provision Minimum. Applicable development shall satisfy the minimum Parking
Provision Requirement, as calculated in Table 26.515-1. Minimum parking provisions may be
reduced in combination with mobility measures and transportation system impact fees in
accordance with the standards in Table 26.515-2.
(3) Parking Provision Maximum. To create appropriate site planning and provision of parking,
applicable development shall not provide on-site parking in excess of one hundred twenty-five
percent (125%) of the Parking Provision Maximum requirement in the form of Reserved
Parking Spaces or Accessory Parking Spaces, unless the total number of on-site spaces in excess
of one hundred twenty-five percent (125%) of the Parking Provision Maximum are provided as
Public Parking Spaces.
The proposed development will provide seven (7) parking spaces for nine (9) residential units.
Per Table 26.515-1, a Residential Multi-Family building as a single use within the Aspen Infill Area
requires one (1) parking space per dwelling unit. Historic preservation benefits allow for the
waiver of some parking spaces. A waiver is requested for two (2) parking spaces. Also, no excess
parking is provided as part of this application.
Table 26.515-1 Parking Impact Requirement Calculations
Use Aspen Infill Area All Other Areas Parking
Requirement (in units)
Parking
Requirement
(in units)
Parking
Maximum
(in units)
Commercial(1) 1 unit / 1,000 sf Net
Leasable Space
1.25 units / 1,000
sf NLA
3 units per 1,000 sf
NLA (2)
Residential -
Single-Family and
Duplex(4)
Lesser of 1 unit per
bedroom or 2 units per
Dwelling Unit
Greater of 1.25
units per bedroom
or 2.5 units per
dwelling unit
Lesser of 1 unit per
bedroom or 2 per unit
Residential -
Accessory Dwelling Units
and Carriage Houses(3) (4)
1 unit per unit 1.25 units per unit 1 unit per unit (3)
Residential -
Multi-Family (as a single
use)
1 unit per Dwelling Unit 1.25 units per
dwelling unit
Lesser of 1 unit per
bedroom or two units per
Dwelling Unit
Exhibit D | Application
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Table 26.515-1 Parking Impact Requirement Calculations
Use Aspen Infill Area All Other Areas Parking
Requirement (in units)
Parking
Requirement
(in units)
Parking
Maximum
(in units)
Residential -
Multi-Family within a
mixed-use building
1 unit per Dwelling Unit 1.25 units per
dwelling unit
1 per Dwelling Unit (2)
Hotel/Lodge 0.5 units per Key 0.7 units per Key 0.7 units per Key (2)
All Other Uses (civic,
cultural, public uses,
essential public facilities,
child care centers, etc.)
Established by Special
Review according to the
review criteria of Section
26.515.080.
N/A Established by Special
Review according to the
review criteria of Section
26.515.080.
Sec. 26.515.050. Meeting Parking Requirements
(a) General requirements. Parking Requirements shall be satisfied through the following provisions
alone or in combination and described in a project's Mobility Plan:
(1) Cash-in-lieu. Cash-in-lieu payments may be made to satisfy Parking Requirements as outlined
by zone district in Table 26.515-2, and according to Section 26.515.090.
(2) Provision of Off-Street Parking.
a. On-Site Parking. Off-street parking may be provided on-site in applicable zone districts to
satisfy Parking Requirements, with Reserved and Accessory spaces not to exceed the
Parking Maximums outlined below in Table 26.515-1. Shared parking may be counted
provided that a Shared Parking Agreement and a shared-parking analysis, as approved by
the Community Development Director, is executed.
b. Off-Site Parking. Off-street parking may be provided off-site in applicable zone districts to
satisfy Parking Requirements, provided that a Shared Parking Agreement and a shared-
parking analysis, as approved by the Community Development Director, is executed. Off-
site parking is subject to Special Review per Chapter 26.430 and Section 26.515.080.
c. Reserved and Accessory Spaces. For both On-Site Parking and Off-Site Parking, Reserved
and Accessory spaces in excess of the Parking Provision Maximums outlined below in Table
26.515-1 are subject to the Shared Parking standards in Section 26.515.040(a)(3).
Off-street parking requirements will be addressed with seven (7) parking spaces entirely on the
site and accessed through the alley. Special review including a historic preservation benefit
and/or mobility measures are required to meet the standards of this section by providing for the
additional required two (2) spaces. The proposed development offers excellent proximity to
transit, the commercial core, and employment opportunities in the lodging sector.
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Parking Requirements are subject to the following standards:
(1) If the Parking Requirement is subject to establishment by adoption of a Planned Development
final development plan, review is subject to Chapter 26.445, Planned Development.
(2) If the Parking Requirement is established through a special review, the standards and
procedures of Section 26.515.080, Special Review Standards apply.
(3) If the Parking Requirement is met via cash-in-lieu, the standards and procedures set forth
at Section 26.515.090, Cash-in-Lieu of Parking apply.
(4) For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, a
waiver of the Parking Requirement may be approved, pursuant to Chapter 26.430, Special
Review, and according to the review criteria set forth below.
(5) For lodging projects with flexible unit configurations, also known as "lock-off units," each
separate "key," or rentable division, shall constitute a unit for the purposes of this Section.
(6) The Parking Requirement for projects with multiple, distinct land uses (residential, commercial,
lodging, or other) may be lowered, if the applicant submits a shared-parking analysis, approved
by the Community Development Director, which results in a peak-parking-demand measure
that is less than the Parking Requirement established by Table 26.515-1. The application for a
shared parking analysis shall be reviewed by The Transportation, Parking, Engineering, and
Community Development Departments and approved by the Planning and Zoning Commission
as a Special Review (Section 26.430).
(7) *Off-street parking provision on a parcel that abuts an Aspen Pedestrian Mall may only be
provided in an on-site, subgrade parking structure. Alternatively, parcels abutting an Aspen
Pedestrian Mall may provide all Parking Requirements through the payment of Cash-in-Lieu
(Section 26.515.090).
The parking requirement will be addressed on-site with seven (7) spaces for nine (9) units.
Special review and a historic preservation benefit waiver is requested for two (2) spaces.
Sec. 26.515.070. Off-Street Parking Requirements
(a) Applicability. Where off-street parking spaces are provided as part of a Mobility Plan, the
regulations in Sections 26.515.070(b)—(i) apply.
(b) General. Each off-street parking space shall consist of an open area measuring eight and one half
(8½) feet wide by eighteen (18) feet long and seven (7) feet high with a maximum longitudinal slope
of twelve percent (12%) and a maximum cross slope of five percent (5%). For developments
providing more than fifteen (15) on-site parking spaces, twenty-five percent (25%) of the on-site
spaces may be provided as Compact Parking in accordance with the requirements of the Engineering
Design Standards. Each parking space, except those provided for detached residential dwellings and
duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided
for multi-family dwellings which do not share a common parking area may be exempted from the
unobstructed access requirement subject to special review pursuant to Chapter 26.430, Special
review and the standards set forth at Section 26.515.040, Special review standards, below.
Off-street parking must be paved with all-weather surfacing or be covered with gravel. For
residential development, a grass ring or grass-paver-type surface may be used. All parking shall be
maintained in a usable condition at all times. All development or redevelopment must be in
conformance with, or bring existing parking into conformance with, Engineering Design Standards,
including but not limited to the access requirements outlined in Chapter 4 Transportation Design.
The off-street parking will be paved or covered with gravel and shall meet the
dimensional requirements stated above.
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(c) Use of off-street parking. Parking spaces shall be used for the parking of vehicles and shall not be
used for non-auto related uses such as storage units or trash containers. No off-street parking area
shall be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or
supplies, nor shall any such activity adjacent to off-street parking spaces obstruct required access
to off-street parking areas.
The parking provided shall be monitored to meet these requirements. Storage facilities
are provided separately as part of this residential development.
(d) Location of off-street parking. Off-street parking, except shared parking, publicly accessible
parking, or off-site parking as approved as part of a mobility plan, shall be located on the same
parcel as the principal use or an adjacent parcel under the same ownership as the lot occupied by
the principal use. For all uses, parking shall be accessed from an alley or secondary road where one
exists unless otherwise established according to this Chapter.
The parking spaces will be on the same parcel as the residential development and
accessed from an existing alley.
(e) Detached and duplex residential dwelling parking. Off-street parking provided for detached
residential dwellings and duplex dwellings is not required to have unobstructed access to a street or
alley, but shall not block access of emergency apparatus to the property or to structures located on
the property. This allows for "stacking" of vehicles where a vehicle is parked directly behind
another.
Not applicable.
(f) State Highway 82 off-street parking. All parking required for uses fronting State Highway 82 shall
be accessed from the alley, if an alley exists, and shall not enter from or exit onto State Highway 82.
Not applicable.
(g) Surface parking. Surface parking is prohibited or requires conditional use review as a principal use
of a lot or parcel in some Zone Districts (See Chapter 26.710). Where surface parking is permitted
and eight (8) or more spaces are provided, the parking area shall include one (1) tree with a planter
area of twenty (20) square feet for each four (4) parking spaces. Planter areas may be combined but
shall be proximate to the parking spaces. The Planning and Zoning Commission may waive or
modify this requirement on a per case basis. Parking within structures is exempt from this
landscaping provision.
Not applicable. Surface parking as defined here is not proposed as part of this
application.
(h) Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall be graded to
ensure drainage does not create any flooding or water quality impacts and shall be provided with
entrances and exits so as to minimize traffic congestion and traffic hazards.
The parking area adjacent to the alley will be graded and engineered so as not to
create flooding or water quality impacts.
(i) Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be
arranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential
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dwellings nor interfere with driver vision. All outdoor lighting shall comply with the outdoor lighting
regulations, Section 26.575.150.
Any lighting provided will comply with the outdoor lighting regulations.
Sec. 26.515.080. Special Review Standards
Whenever the transportation, mobility, and parking impacts of a proposed development are subject to
special review, an application shall be processed as a special review in accordance with the common
development review procedures set forth in Chapter 26.304 and be evaluated according to the following
standards. Review is by the Planning and Zoning Commission.
The proposed development will require special review for two (2) parking spaces.
Sec. 26.540.070. Review Criteria for Establishing an Affordable Housing Credit
An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of the
following criteria are met. The proposed units do not need to be constructed prior to this review.
(a) The proposed affordable housing unit(s) comply with the review standards of Section
26.470.080 D.7.a-g
The proposed affordable housing units comply with the review standards enumerated
above with the exception of “g.” This is the 50% above grade standard and certain units
are requesting special review owing to the fact that architectural limitations prevent fully
compliance. These units have enhanced window wells and other amenities to support
special review approval.
(b) The affordable housing unit(s) are not an obligation of a Development Order and are not otherwise
required by this Title to mitigate the impacts of development.
The affordable housing units are not an obligation of a Development Order and are not
otherwise required to mitigate impacts of development.
Sec. 26.575.020. Calculations and Measurements
(a) Purpose. This Section sets forth methods for measuring floor area, height, setbacks, and other
dimensional aspects of development and describes certain allowances, requirements and other
prescriptions for a range of structural components, such as porches, balconies, garages, chimneys,
mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth
at Section 26.104.100—Definitions.
(b) Limitations. The prescribed allowances and limitations, such as height, setbacks etc., of distinct
structural components shall not be aggregated or combined in a manner that supersedes the
dimensional limitations of an individual structural component. For example, if a deck is permitted
to be developed within five (5) feet of a property boundary and a garage must be a minimum of ten
(10) feet from the same property boundary, a garage with a deck on top of it may not be developed
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any closer than ten (10) feet from the property boundary or otherwise produce an aggregated
structural component that extends beyond the setback limit of a garage.
(c) Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a
number that accounts for the presence of steep slopes, easements, areas under water, and similar
features of a property.
There are no applicable reductions for net lot area to this 7,500 SF parcel.
(d) Measuring Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the
following applies:
Floor area measurements have been performed by the architects in conformance with
this section. Floor area measurements have been provided in tables located on the
architectural drawings included with this application. Total floor area for the proposed
affordable housing development is 7,939 square feet.
(e) Measuring Setbacks.
(1) General. Required setbacks shall be unoccupied and unobstructed within an area extending
horizontally from the parcel boundary to the setback line and vertically above and below grade,
excepting allowed projections as described below.
Required setbacks shall be measured perpendicular from all points of the parcel boundary to
the outmost exterior of a structure, including all exterior veneer such as brick, stone or other
exterior treatments, but excluding allowed projections as further described in Subsection (e)(5),
below.
(2) Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the
front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from
a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one
(1) front lot line.
The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the
parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have
only one (1) rear lot line.
Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel
boundaries other than a front or rear lot line. All parcels will have at least one (1) side lot line
and may have multiple side lot lines.
For corner parcels, the front lot line shall be the parcel boundary along the Street with the
longest block length and the remaining boundary shall be a side lot line.
For corner parcels where the parcel boundary follows a curving Street, the midpoint of the curve
shall be used to differentiate the front lot line and the side lot line. In this case, the boundary
segment with the shortest Street frontage shall be the front lot line.
For reverse curve lots, the curved portion of the lot line shall be considered the front lot line and
the two (2) opposing parcel boundaries shall be considered side lot lines.
For all double frontage lots with Streets on opposite sides of the parcel, except for those parcels
abutting Main Street, the front lot line shall be the parcel boundary with the greatest length of
Street frontage and the opposing lot boundary shall be the rear lot line.
For double frontage lots with equal length street frontages, the front lot line shall mirror the
front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot line adjoining
Main Street.
The Community Development Director shall resolve any discrepancies or situations where the
foregoing text does not provide definitive clarity by issuance of a recordable administrative
determination.
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(3) Determining required setbacks adjacent to streets or rights-of-way. When a property does not
extend into an adjacent public or private right-of-way or street easement, the required setback
shall be measured from the lot line.
When a property extends into an adjacent public or private right-of-way or street easement, the
required setback for that portion of the lot shall be measured from the edge of the right-of-way
or street easement closest to the proposed structure.
(4) Combined Setbacks. Where zoning provisions require a combined yard setback (either front-
rear or side-side), the narrowest point on each yard shall be the basis for measuring the
combined setback. A combined yard requirement may not be met by staggering the required
yard setbacks.
For example, if a lot requires a combined side-yard setback of thirty (30) feet, with a minimum
of ten (10) feet on either side, Figure 14 shows compliance with the requirement - one side yard
is ten (10) feet, the other is twenty (20) feet, and each side yard setback is consistent from front
to rear.
Given the same example, Figure 15 meets the individual ten (10) feet setback requirements, but
the combined setback is staggered and is not consistent from front to rear. This example does
not meet the combined setback requirement.
Setbacks have been measured in accordance with these provisions and the
requirements of the MU zone district. As provided in the attached drawings, front yard
setback is ten (10) feet, side yard setbacks are five (5) feet, and the rear yard setback is
five (5) feet. In accordance with the Code for Main Street properties, the front yard
setback is the frontage on Main Street.
(5) Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground
except for the following allowed projections:
a. Above or below ground utilities, including transformers and vaults, below-grade heating or
cooling conduit or infrastructure such as a ground-source heat pump system, below-grade
dry wells or other at-grade or below-grade drainage infrastructure.
b. Trees and vegetation.
c. Artwork, sculpture, seasonal displays.
d. Flagpoles, mailboxes, address markers.
e. Foundation footers, soil nails or below-grade tiebacks, and similar improvements necessary
for the structural integrity of a building or other structures.
f. The minimum projection necessary to accommodate exterior mounted utility junctions,
meters, cable boxes, vent flues, standpipes, and similar apparatus and including any
protective structure as may be required by the utility provider.
g. Building eaves, bay windows, window sills, and similar architectural projections up to
eighteen (18) inches as measured from the setback boundary.
h. The minimum projection necessary to accommodate light wells and exterior basement
stairwells as required by adopted Building or Fire Codes as long as these features are
entirely recessed behind the vertical plane established by the portion of the building
façade(s) closest to any Street(s).
If any portion of the feature projects into the setback, the entire feature may be no larger
than the minimum required.
Features required for adjacent subgrade interior spaces may be combined as long as the
combined feature represents the minimum projection into the setback. There is no vertical
depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply to light wells
and exterior basement stairwells which are not required by adopted Building or Fire Codes.
i. The minimum projection necessary to accommodate an exterior-mount fire escape to an
existing building, as may be required by adopted Building or Fire Codes.
j. Uncovered porches, landscape terraces, slabs, patios, walks and similar features, which do
not exceed six (6) inches vertically above or below the surrounding finished grade for the
entire feature.
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k. Landscape walls, berms, retaining walls, stairways and similar structures, which do not
exceed thirty (30) inches vertically above or below the lower of natural or finished grade
Improvements may be up to thirty (30) inches above and below grade simultaneously, for
up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if
determined to be necessary for the structural integrity of the improvement. (See Figure 16).
Berms are prohibited in the front yard setback.
l. Drainage swales, stormwater retention areas, bio retention areas, rain collection systems,
and similar stormwater retention, filtration or infiltration devices or facilities are permitted
in setbacks as long as the finished grade of the top of the improvement does not exceed thirty
(30) inches vertically above or below the surrounding finished grade. Stormwater
improvements or portions thereof may be buried and exceed thirty (30) inches below grade
as long as the finished grade above the facility does not exceed thirty (30) inches vertically
above or below the surrounding finished grade. These features may be up to thirty (30)
inches above and below finished grade simultaneously.
m. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture,
seating areas, and similar permanent structures shall have the following requirements:
1. Prohibited between any lot line adjacent to a street and any structure; and
2. Shall be located at least double the minimum setback for a primary structure from any
lot line adjacent to a street; and
3. If visible from the street, these features shall be screened in accordance with Section
26.575.050, Fences; and
4. If located within a setback not adjacent to a street, these features shall not exceed thirty
(30) inches above or below finished grade. These features may be up to thirty (30) inches
above and below finished grade simultaneously. Improvements may exceed thirty (30)
inches below grade if necessary for the structural integrity of the improvement.
n. Heating and air conditioning equipment and similar mechanical equipment shall have the
following requirements:
1. Prohibited between any lot line adjacent to a street and any structure; and
2. Shall be located at least double the minimum setback for a primary structure from any
lot line adjacent to a street; and
3. If visible from the street, these features shall be screened in accordance with Section
26.575.050, Fences; and
4. If located within a setback not adjacent to a street, these features shall not exceed thirty
(30) inches above or below finished grade. These features may be up to thirty (30) inches
above and below finished grade simultaneously.
The Community Development Director may approve exceptions to the requirements of m) and
n) above. The Community Development Director must first determine that the visual impact of
the exemption is minimal and that no other reasonable option exists. Approval shall be in the
form of a recordable administrative determination.
o. The height and placement of energy efficiency or renewable energy production systems and
equipment which are located adjacent to or independent of a building shall be established
by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter
26.430—Special Review. These systems are discouraged between any lot line adjacent to a
street and any structure. For energy production systems and equipment located on top of a
structure, see Subsection (f)(4).
p. Fences and hedges less than forty-two (42) inches in height, as measured from finished
grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in
height, as measured from finished grade, are permitted only in areas entirely recessed
behind the vertical plane established by the portion of the building facade which is closest
to the Street. This restriction applies on all Street-facing facades of a parcel. (Also
see Section 26.575.050—Supplementary Regulations for limitations on fence materials.)
q. Driveways not exceeding twenty-four (24) inches above or below finished grade within any
setback of a yard facing a Street. Within all other required setbacks, finished grade of a
driveway shall not exceed thirty (30) inches above or below finished grade.
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r. Parking may occur in required setbacks if within an established driveway or parking area
and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the property,
or has otherwise been approved by the City.
s. Non-permanent features which are not affixed to the ground such as movable patio
furniture, outdoor seating or a picnic table, barbeque grills, children's play equipment, and
similar non-permanent features which are not affixed to the ground. This exemption shall
not allow storage sheds or containers.
t. Wildlife-resistant Trash and Recycling enclosures located in residential zone districts shall
be prohibited in all yards facing a Street. These facilities may be placed within non-street
facing yards if the enclosure is the minimum reasonably necessary in both height and
footprint, is an unconditioned space not integrated with other structures on the property,
and serves no other purpose such as storage, garage space, or other purposes unrelated to
protecting wildlife. Wildlife-resistant trash and recycling enclosures located in commercial,
mixed-use, or lodging zone districts are not exempt from setback requirements and shall
comply with zone district requirements for Utility/Trash/Recycle areas.
Temporary intermittent placement of trash and recycling containers in or along yards
facing a Street is allowed. For example, on "trash day."
Enclosures shall be located adjacent to the alley where an alley borders the property and
shall not be located in a public right-of-way. Unless otherwise approved by the Historic
Preservation Commission, enclosures shall not abut or be attached to a historic structure.
Enclosures may abut other non-historic structures.
As provided in the accompanying drawings, the only proposed encroachments into the
setbacks are:
1. The required parking to the rear of the property accessed from the alley;
2. Lightwells for the subgrade portions of the affordable housing units;
3. Any required utility pedestals or transformer;
4. Trash Enclosures; and
5. Landscaping.
These encroachments are permitted as allowed projections into the setbacks as detailed
in the above-referenced code section.
(f) Measuring Building Heights.
(1) For properties in the Commercial Core (CC), Commercial (C1), Commercial Lodge (CL),
Neighborhood Commercial (NC) and Service Commercial Industrial (SCI) Zone Districts, the height
of the building shall be the maximum distance between the ground and the highest point of the roof
top, roof ridge, parapet, or top-most portion of the structure. See Subsection (3), below, for
measurement method.
(2) For properties in all other Zone Districts, the height of the building shall be measured according to
the pitch of the roof as follows. See Subsection (3), below, for measurement method.
a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of
less than 3:12 shall be measured from the ground to the top-most portion of the structure.
b. Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12 to 7:12
shall be measured from the ground to the point of the roof vertically halfway between the eave
point and the ridge. There shall be no limit on the height of the ridge.
c. Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12
shall be measured from the ground to the point of the roof vertically one-third (⅓) of the distance
up from the eave point to the ridge. There shall be no limit on the height of the ridge.
For roofs with multiple pitches within one (1) vertical plane, the height of the roof shall be
measured by drawing a line within a vertical section between the ridge and the Eave Point(s)
and then applying the methodology for the resulting pitch of said line(s) as described above.
d. For barrel-vault roofs, height shall be measured by drawing a line within a vertical section
between the top-most point of the roof and the Eave Point(s) and then applying the methodology
for the resulting pitch of said line(s) as described above.
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e. For "shed" roofs with a single-pitch, the methodology for measuring shall be the same as
described above according to the slope of the roof and by using the highest point of the roof as
the ridge.
f. For mansard roofs, height shall be measured to the flat roof as described above.
g. Dormers shall be excluded from the calculation of height if the footprint of the dormer is fifty
percent (50%) or less of the roof plane on which the dormer is located and the ridge of the
dormer is not higher than the ridge of the roof on which it is located. If there are multiple
dormers on one (1) roof plane, the aggregate footprint shall be used. Otherwise, dormers shall
be included in the measurement of height according to the methods described above.
h. Butterfly roofs shall be measured in accordance with shed roof methodology.
(3) Height Measurement Method. In measuring a building for the compliance with height restrictions,
the measurement shall be the maximum distance measured vertically from the ground to the
specified point of the building located above that point, as further described below:
a. Measuring height along the perimeter of the building. At each location where the exterior
perimeter of a building meets the ground, the measurement shall be taken from the lower of
natural or finished grade. Building permit plans must depict both natural and finished grades.
b. Measuring height within the footprint of the building. For the purposes of measuring height
within the footprint of a building, areas of the building within fifteen (15) horizontal feet of the
building's perimeter shall be measured using the perimeter measurement, as described above.
In all other areas, the natural grade of the site shall be projected up to the allowable height and
the height of the structure shall be measured using this projected topography.
In instances where the natural grade of a property has been affected by prior development
activity, the Community Development Director may accept an estimation of pre-development
topography prepared by a registered land surveyor or civil engineer. The Director may require
additional historical documentation, technical studies, reports, or other information to verify a
pre-development topography.
If necessary, the Community Development Director may require an applicant document natural
grade, finished grade, grade being used within the footprint of the building, and other relevant
height limitation information that may need to be documented prior to construction.
c. Measuring to the roof. The high point of the measurement shall be taken from the surface of a
structure's roof inclusive of the first layer of exterior sheathing or weatherproofing membrane
but excluding exterior surface treatments such as shakes, shingles, or other veneer treatments
or ornamentation.
When measuring roofs to a point between the ridge and the eave point, the eave point shall be
the point where the plane of a roof intersects the plane of the exterior wall. The roof and wall
planes shall be of the nominal structure, excluding all exterior treatments.
(4) Allowed Exceptions to Height Limitations.
a. Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting
apparatus may extend no more than ten (10) feet above the height of the building at the point
the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend
above the highest ridge of the structure by more than required by adopted building codes or as
otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for
this exception, the footprint of these features must be the minimum reasonably necessary for its
function the features must be combined to the greatest extent practical. Appurtenances such as
hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental
do-dads shall be contained within the limitations of this height exception.
On structures other than a single-family or duplex residential building or an accessory building,
all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street
facing façade of the building a minimum of twenty (20) feet and the footprint should be
minimized and combined to the greatest extent practicable.
b. Communications Equipment. Antennas, satellite dishes, and similar communications equipment
and devices shall comply with the limitations of Section 26.575.130—Wireless
Telecommunication Services Facilities and Equipment.
Exhibit D | Application
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c. Elevator and Stair Enclosures. On structures other than a single-family or duplex residential
building or an accessory building, elevator overrun enclosures and stair enclosures may extend
up to five (5) feet above the specified maximum height limit.
Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height
limit if set back from any Street facing façade of the building a minimum of twenty (20) feet and
the footprint of the elevators or stair enclosures are minimized and combined to the greatest
extent practicable.
For single-family and duplex residential buildings and for accessory buildings, elevator and stair
enclosures are not allowed a height exception.
d. Rooftop Railings. On any structure other than a single-family or duplex residential building,
rooftop railings and similar safety devices permitting rooftop access may extend up to five (5)
feet above the height of the building at the point the railing connects. To qualify for this
exception, the railing must be the minimum reasonably necessary to provide adequate safety
and building code compliance and the railing must be fifty percent (50%) or more transparent.
All railings shall be set back from any Street facing facade of the building by an amount equal
to the height of the railing.
For single-family and duplex residential buildings, rooftop railings shall not be allowed a height
exception.
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar
mechanical equipment or utility apparatus located on top of a building may extend up to six (6)
feet above height of the building at the point the equipment is attached. This allowance is
inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment
shall be screened, combined, and co-located to the greatest extent practicable. On structures
other than a single-family or duplex residential building or an accessory building, all mechanical
equipment shall be set back from any Street facing façade of the building a minimum of fifteen
(15) feet.
f. Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency
systems or renewable energy production systems and equipment including solar panels, wind
turbines, or similar systems and the system's associated equipment which is located on top of a
building may extend up to five (5) feet above the height of the building at the point the equipment
is attached.
On any structure other than a single-family or duplex residential building or an accessory
building, these systems may extend up to ten (10) feet above height of the building at the point
the equipment is attached if set back from any Street facing façade of the building a minimum
of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest
extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412,
Commercial Design Review.
The height and placement of energy efficiency or production systems which are not located on
top of a building (located independent of a building) shall be established by the Planning and
Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 - Special Review.
(Also see setback requirements for these systems at Subsection (e)(5).)
g. Church spires, bell towers and like architectural projections on Arts, Cultural and Civic
buildings may extend over the height limit as may be approved pursuant to Commercial Design
Review.
h. Flag poles may extend over the specified maximum height limit.
i. Exceptions for buildings on slopes. For properties with a slope that declines by ten percent
(10%) or greater from the front lot line, the maximum height of a building's front (street-facing)
facade may extend horizontally for the first ten (10) feet of the building's depth
For properties located in the geographical area bounded by Durant Street, Main Street,
Monarch Street and Original Street and have a maximum elevation change of three (3) feet, the
maximum height measurement as determined from the highest point of the lot may extend the
entire width or length of the lot. See Figure A, below, where "X'" is the measured height.
j. Exceptions for lightwells and basement stairwells. A basement stairwell required by Building
Code for egress shall not be counted towards maximum permissible height. On street facing
facades the minimum size lightwell entirely recessed behind the vertical plane established by the
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portion of the building façade(s) closest to any Street(s), and enclosed on all sides to within
eighteen (18) inches of the first floor level (e.g. not a walk-out style light well) shall not be counted
towards maximum permissible height. On non-street facing facades a lightwell that is no more
than one hundred (100) square feet shall not be counted towards maximum permissible height.
This exception does not apply to lightwells and stairwells that are located within a setback.
For properties that contain an areaway that counts toward the pedestrian amenity requirement,
the qualifying areaway shall not be counted towards maximum permissible height. See Figure
B, below, where "X'" is the measured heights and "Y'" is not counted if the subgrade area
counts as pedestrian amenity.
The Historic Preservation Commission is authorized to grant an exception to height for
lightwells larger than one hundred (100) square feet on historic landmark properties that
contain a historic resource upon a finding that the following conditions are met:
1. Lightwell is not easily visible from the right-of-way.
2. Approval of the exemption supports the preservation of the historic resource.
k. For commercial, lodge, or mixed-use buildings located in the Commercial Core (CC),
Commercial (C-1), or Neighborhood Commercial (NC) zone districts, decorative, non-functional
architectural elements such as a parapet, cornice, spire, pediment, are exempted from height
measurement up to twenty-four (24) inches only if approved by the Planning and Zoning
Commission or Historic Preservation Commission as part of a Commercial Design Review. This
exemption shall not be combined with any other height exemptions.
l. Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars, built-in
barbeque grills, cabinets, sinks, fire pits, pools, hot tubs, etc. shall be permanently installed and
shall meet the following height and setback requirements to qualify for a height exemption. This
only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC)
Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (l)
Zone District, the Neighborhood Commercial (NC) Zone District, or the Commercial Lodge
(CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of
the building at the point the equipment is attached to the roof. This allowance is inclusive of any
pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum
floor area of no more than five percent (5%) of the useable deck area is permitted. All permanent
rooftop amenities shall be set back from any Street facing façade of the building by a minimum
of ten (10) feet.
m. Exceptions for skylight and light tubes. A skylight or light tube typical of industry standards
and meeting minimum Building Code standards shall not be counted towards maximum
permissible height.
Building heights have been measured in accordance with these provisions and are
shown on the accompanying architectural drawings. Height has been measured to the
1/3 point of the sloping roofs. The height for the historic resource is unchanged at
approximately twenty (20) feet. The height for the three-story new construction meets
the MU district height limitation of twenty-eight (28) feet, as specified for all uses other
than duplex and single-family residences.
(g) Measuring Site coverage. Site coverage is typically expressed as a percentage. When calculating site
coverage of a structure or building, the exterior walls of the structure or building at ground level
should be used. When measuring to the exterior walls, the measurement shall be taken from the
exterior face of framing, exterior face of structural block, or similar exterior surface of the nominal
structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted
insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco,
bricks, shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or balcony
overhangs, cantilevered building elements and similar features extending directly over grade shall
be excluded from maximum allowable site coverage calculations.
Site coverage is not applicable in the MU zone district.
Exhibit D | Application
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(h) Measurement of Demolition. The City Zoning Officer shall determine if a building is intended to be
or has been demolished by applying the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the
following:
(1) The surface area of all existing (prior to commencing development) exterior wall assemblies
above finished grade and all existing roof assemblies. Not counted in the existing exterior surface
area calculations shall be all existing fenestration (doors, windows, skylights, etc.).
(2) The exterior surface area, as described above, to be removed. Wall area or roof area being
removed to accommodate new or relocated fenestration shall be counted as exterior surface area
being removed.
(3) The diagram shall depict each exterior wall and roof segment as a flat plane with an area
tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in
addition to the necessary subsurface components for its structural integrity, including such
items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be
removed, the associated exterior surface area shall be diagrammed as being removed. If a
portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that portion
shall be calculated as removed. Recalculation may be necessary during the process of
development and the Zoning Officer may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated
or expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of demolition.
Sub-grade elements and interior wall elements, while potentially necessary for a building's
integrity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of the
exterior to be removed shall be divided by the surface area of all portions of the exterior of the
existing structure and expressed as a percentage. The Zoning Officer shall use this percentage
to determine if the building is to be or has been demolished according to the definition in Section
26.104.100, Demolition. If portions of the building involuntarily collapse, regardless of the
developer's intent, that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural capabilities
of the building prior to undertaking a remodel. Failure to properly understand the structural
capacity of elements intended to remain may result in an involuntary collapse of those portions
and a requirement to recalculate the extent of demolition. Landowner's intent or unforeseen
circumstances shall not affect the calculation of actual physical demolition. Additional
requirements or restrictions of this Title may result upon actual demolition.
The major part of this proposed project is new construction. A small amount of demolition
will occur for a non-historic portion of the historic resource. These calculations are
therefore not required.
(i) Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area and
net livable area shall include all interior space of a building measured from interior wall to interior
wall, including interior partitions. Net leasable area and net livable area shall be attributed to the
lot or parcel upon which it is developed. Net leasable area includes all interior areas which can be
leased to an individual tenant with the exceptions noted below. Net livable area includes those areas
of a building that are used or intended to be used for habitation with the exceptions noted below.
Garages and carports are exempt from net leasable area and net livable area calculations.
(1) Permanently installed interior airlock spaces are exempt from the calculation of net leasable
space up to a maximum exemption of one hundred (100) square feet. Seasonal airlocks of more
than ten (10) square feet, installed on the exterior of a building, shall be considered net leasable
area and shall be subject to all requirements of the Land Use Code, including employee
mitigation, prorated according to the portion of the year in which it is installed.
(2) Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor
vending, and similar commercial activities located outside (not within a building) shall also be
Exhibit D | Application
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included in the calculation of net leasable area. The calculation of such area shall be the
maximum footprint of the display or vending apparatus. For vending carts or similar
commercial activities requiring an attendant, the calculation shall also include a reasonable
amount of space for the attendant. Exterior decks and exterior seating are not included in the
calculation of net leasable area. Vending machines, gas pumps, and similar devices without an
attendant shall not be considered net leasable area.
The calculation of net leasable area and net livable area shall exclude areas of a building that
are integral to the basic physical function of the building. All other areas are attributed to the
measurement of net leasable commercial space or net livable area. When calculating interior
stairways or elevators, the top most interior level served by the stairway or elevator is exempt
from net livable or net leasable area calculations.
Shared areas that count toward net leasable area and net livable area shall be allocated on a
proportionate basis of the use category using the percentages that are generated pursuant
to Section 26.575.020(d)(14) Allocation of non-unit space in a mixed use building.
Examples:
a. A broom closet of a minimum size to reasonably accommodate the storage of janitorial
supplies for the entire building is considered integral to the physical function of the
building and does not count toward net leasable area.
b. A shared commercial storage area that is larger than needed for the basic functionality
of the building counts toward net leasable area because it is useable by the businesses.
c. A shared stairway and a shared circulation corridor (that access more than one (1) use)
are integral to the physical function of the building and do not count in the measurement
of net livable area or net leasable area.
d. A stairway that is entirely within one (1) residential unit counts toward the
measurement of net livable area.
e. A private elevator that serves more than one (1) residential unit, and does not provide
access to other uses, does not count toward the measurement of net livable area.
f. A private elevator that serves only one (1) residential unit, and does not provide access
to other uses, counts toward the measurement of net livable area.
g. A shared mechanical room that is larger than the minimum space required to
reasonably accommodate the mechanical equipment counts toward the measurement of
net livable area or net leasable area as applicable. The area of the mechanical room that
is the minimum size required for the mechanical equipment does not count in net livable
area or net leasable area.
(j) Exceptions for Energy Efficiency. The Community Development Director may approve exceptions
to the dimensional restrictions of this Section to accommodate the addition of energy production
systems or energy efficiency systems or equipment in or on existing buildings when no other practical
solution exists. The Community Development Director must first determine that the visual impact
of the exemption is minimal and that no other reasonable way to implement energy production or
efficiency exists. The Director may require notice be provided to adjacent landowners. Approval
shall be in the form of a recordable administrative decision.
(k) Exceptions for Building Code Compliance. The Community Development Director may approve
exceptions to the dimensional restrictions of this Section to accommodate improvements required to
achieve compliance with building, fire, or accessibility codes in or on existing buildings when no
other practical solution exists. The Community Development Director must first determine that the
visual impact of the exemption is minimal and that no other reasonable way to implement code
compliance exists. The Director may require notice be provided to adjacent landowners. Approval
shall be in the form of a recordable administrative decision.
(l) Appeals. An applicant aggrieved by a decision made by the Community Development Director
regarding this Calculations and Measurements Section may appeal the decision to the
Administrative Hearing Officer, pursuant to Chapter 26.316.
Exhibit D | Application
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Net livable calculations have been provided in accordance with these provisions. Net
livable floor area is provided for each of the nine (9) affordable housing units. No net
leasable calculations are provided as this is not applicable to a 100% affordable housing
development.
Sec. 26.600. Impact Fees
Sec. 26.610.010. Purpose and intent
For residents and visitors, parks and recreation facilities make up a significant part of the community
character of the City. As a result of growth, increased pressure is placed on existing parks and recreation
facilities necessitating acquisition of new park lands and development of additional recreation facilities in
order to maintain the current level of service. In order to maintain the current community standards for
acquisition of open space and development of parks and recreation facilities, the City finds it necessary to
impose a Park Development impact fee on new development.
Transportation demand management and air quality capital facilities ensure the mobility of residents,
workers and visitors through multi-modal solutions, as well as clean air for the community. The Aspen Area
Community Plan directs the City to maintain traffic levels at or below 1993 levels in order to protect our
environment and quality of life, and the City has invested in capital facilities to do so. As new development
and growth occur, increased pressure is placed upon our existing facilities, necessitating expansion of these
capital facilities to maintain the current level of service. In order to maintain the current community
standards for transportation demand management and air quality, the City finds it necessary to impose a
Transportation Demand Management/Air Quality impact fee on new development.
This Chapter is enacted for the purpose of implementing the City's plans for capital facilities by requiring
that new development pay for its fair share of such facilities through the imposition of impact fees that will
be used to finance, defray or reimburse all or a portion of the costs incurred by the City to serve new
development.
Sec. 26.610.020. Applicability
Unless expressly exempted, the Park Development impact fee and the Transportation Demand Management
(TDM)/Air Quality impact fee shall be assessed upon all development within the City which contains
residential floor area or net leasable commercial space.
Sec. 26.610.030. Exemptions
This Chapter does not apply to:
(a) Development involving a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures. This exemption is solely for an historic structure and its accessory structures.
Development on an historic landmark property involving a non-historic or new building shall not
be exempt.
Under this provision, a portion of the proposed development involving the floor area
associated with the historic resource is exempt from these impact fees. This calculation
can be provided on request. However, under other provisions relating to projects that
provide 100% affordable housing, the Applicants are requesting full exemption from
impact fees. This full exemption would be provided as part of the review and approvals
granted by City Council.
(b) Alteration, expansion or replacement of a structure which does not create additional floor area or
net leasable commercial space.
Not an applicable exemption.
Exhibit D | Application
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20 May 2022 Page | 29
Sec. 26.610.040. Definitions
When used in this Chapter, the following words, terms and phrases, and their derivations, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.
Other words and terms shall be defined under the Definition section of this Title:
Building permit means any City permit that involves increases in floor area, net leasable square footage
and/or changes to land use.
Capital facilities means land, structures or equipment for purposes of parks and recreation, transportation
demand management and air quality. Capital facilities also includes design, engineering, inspection, testing,
planning, legal review, land acquisition and all other costs associated with the construction or purchase of
land, structures or equipment.
Collection means the point at which the impact fee/charge is actually paid to the City.
Floor Area and Net Leasable Commercial Space shall be as defined and calculated according the City of
Aspen Land Use Code.
Impact fee means a monetary exaction imposed by the City pursuant to this Chapter as a condition of or in
connection with approval of a development project for the purpose of defraying all or some of the City's cost
for capital facilities associated with that development project.
Impose means to determine that a particular development project is subject to the collection of impact fees
as a condition of development approval.
New development or development project means any project undertaken for the purpose of development,
including without limitation a project involving the issuance of a permit for construction, reconstruction or
change of use but not a project involving the issuance of a permit to operate or to remodel, rehabilitate,
reconstruct or improve an existing structure, which does not change the amount of floor area, amount of net
leasable commercial space, density or intensity of use.
Nonresidential development project means all development other than residential development projects.
Residential development project means any development, inclusive of hotel development, undertaken to
create a new dwelling/lodge unit or add additional floor area to an existing dwelling/lodge unit.
Sec. 26.610.050. Imposition, calculation and collection of fees/charges
(a) Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City may
impose impact fees as a condition of approval of all new development projects.
(b) Updated annually. The base amount of each impact fee for each type of development project may be
calculated annually and adopted by City Council ordinance. The City may choose to update its fee
schedule based on the change in the Engineering News Record inflation index that occurs between
annual updates.
(c) Collection. Impact fees shall be collected by the Building Department at the time and as a condition
for issuance of a building permit.
Sec. 26.610.060. Impact fee accounts
(a) Individual accounts. The City shall establish an impact fee account for each type of capital facility
for which an impact fee is imposed. The impact fees collected shall be deposited in each such account
according to type of improvement. The funds of the account shall not be commingled with other
funds of the City.
(b) Interest-bearing. Each impact fee account shall be interest-bearing, and the accumulated interest
shall become part of the account.
Sec. 26.610.070. Use of impact fee proceeds
Exhibit D | Application
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Impact fees may be expended only for the type of capital facilities for which they were imposed, calculated
and collected and according to procedures established in this Chapter. Impact fees may be used to pay the
principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf
of the City to finance such improvements.
Sec. 26.610.080. Credits
(a) A property owner who dedicates land or improvements, agrees to participate in an improvement
district or otherwise contributes funds for capital facilities as defined in this Chapter may be eligible
for a credit for such contribution against the impact fee paid.
(1) The City Council shall determine:
a. The value of the developer contribution;
b. Whether the contribution meets capital facilities' needs for which the particular impact fee
has been imposed; and
c. Whether the contribution will substitute or otherwise reduce the need for capital facilities
anticipated to be provided with impact fee funds. In no event, however, shall the credit
exceed the amount of the applicable impact fee.
(b) When additional residential floor area, hotel floor area or net leasable commercial space are
proposed after the demolition of a dwelling unit, lodge unit, or net leasable space, either individually
or in combination, a credit for the existing floor area or net leasable space shall be credited towards
the replacement development. A credit may only be allocated towards the development on the same
individual lot or an adjacent lot within the same redevelopment, and cannot be assigned towards un-
related development on a separate lot.
(c) Any application for credit must be submitted on forms provided by the City before development
project approval. The application shall contain a declaration under oath of those facts which qualify
the property owner for the credit, accompanied by the relevant documentary evidence.
(d) Total credits may not exceed the Impact Fee and a developer shall not be reimbursed by the City for
new development which is smaller than the previous development.
As this is a 100% affordable housing project, the applicant is requesting a waiver of all of
the above-referenced impact fees.
Sec. 26.610.090. Impact fees
The following impact fees are the result of the "City of Aspen Impact Fee Study and Update of School Lands
Dedication" study, which was sponsored by the City of Aspen and completed by BBC Research and
Consulting on August 7, 2006. This study is available at the Community Development Department. On
September 26, 2011, the Impact Fees were amended by the City of Aspen in order to make floor area the
calculation variable instead of bedrooms. RRC Associates assisted with this effort. Impact fees are hereby
established as follows:
Table 610.1, Impact Fee Schedule
Parks Development Fee
Exhibit D | Application
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Residential and Hotel $5.45 per square foot of Floor Area
Nonresidential $4.10 per square foot of Net Leasable Commercial Space
TDM/Air Quality Fee
Residential and Hotel $0.61 per square foot of Floor Area
Nonresidential $0.46 per square foot of Net Leasable Commercial Space
Notes:
- An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements of this
Title, shall be calculated as additional floor area of the primary residence.
- The calculation for hotel units shall include only the floor area associated with the individual lodging
units. The calculation of Parks Development and TDM/Air Quality fees shall not include non-unit space.
Sec. 26.610.100. Waiver of fees
Whenever the City Council determines that any part of a proposed development constitutes an affordable
housing development or an essential public facility, as defined by this Title, and wishes to subsidize the
construction, the City Council may exempt that part of the development from the application of the impact
fees or may reduce by any amount the fees imposed by this Chapter. As an economic development incentive,
a lodging development may apply for a waiver of the impact fees. An application for a waiver must be made
and acted upon by the City Council prior to the submission of a building permit application. Retroactive
waivers are not permitted.
As this is a 100% affordable housing project, the applicant is requesting a waiver of all of the
above-referenced impact fees.
Sec. 26.610.110. Appeals
Prior to issuance of a building permit, the applicant may challenge the imposition of a fee imposed pursuant
to this Chapter by filing with the Community Development Director a written notice of appeal as provided
in Section 26.316.030, Appeals procedures, with a full statement of the grounds and an appeal fee as may be
fixed from time to time by ordinance by the City Council. The City may continue processing the building
permit application. If the building permit is available for issuance by the City and the appeal has not been
heard, the building permit may be issued if a bond or other security in an amount equal to the
challenged/unpaid portion of the impact fee/charge is provided to the City. The appeal shall be heard by the
City Council.
Sec. 26.620. School Land Dedication
Sec. 26.620.010. Purpose and intent
The Aspen School District requires land for necessary school functions which may include, but are not
limited to, school buildings, support facilities, open space and recreation areas and housing for employees
Exhibit D | Application
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and their immediate families. The purpose of this provision is to ensure that, as development occurs and
enrollment in the schools grows, the current level of service provided to students can be maintained. This is
accomplished by the adoption of standards for new development to provide land, or cash in lieu thereof, to
the City, for use by the Aspen School District. The standards are based on the number of students the
development generates and the current level of service standard within the Aspen School District for land
area provided per student.
Sec. 26.620.020. Applicability
Unless expressly exempted, the school land dedication standard shall be assessed upon all development
within the City which contains residential dwelling units.
Sec. 26.620.030. Exemptions
Any development considered nonresidential development, as defined by this Chapter, is exempt from the
school land dedication.
Sec. 26.620.040. Definitions
When used in this Chapter, the following words, terms and phrases, and their derivations, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Building permit means any City permit that increases residential floor area and/or changes of land use.
Collection means the point at which land or a cash payment in lieu is actually transferred or paid to the City.
Floor Area shall be defined and calculated according to the City of Aspen Land Use Code.
Impose means to determine that a particular development project is subject to the collection of a land
dedication as a condition of development approval.
Land dedication means a land exaction imposed by the City pursuant to this Chapter as a condition of or in
connection with approval of a development project for the purpose of defraying all or some of the Aspen
School District's cost for capital facilities associated with that development project.
New development or development project means any project undertaken for the purpose of development,
including without limitation, a project involving the issuance of a permit for construction, reconstruction or
change of use but not a project involving the issuance of a permit to operate or to remodel, rehabilitate,
reconstruct or improve an existing structure, which does not change the amount of floor area.
Nonresidential development project means all development other than residential development.
Residential development project means any development undertaken to create a new dwelling unit or to add
additional floor area to an existing dwelling unit, excluding hotel units.
Sec. 26.620.050. Imposition, calculation and collection of dedications
(a) Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City may
impose a school land dedication as a condition of approval of all new development projects. All lands
dedicated to the City pursuant to this Section shall be held by the City for the Aspen School District,
until such time as they shall be requested by the School District for school purposes. The Aspen
School District shall be responsible for maintenance of said lands in a reasonable manner while they
are being held by the City.
(b) Collection. Land dedications shall be finalized and completed prior to building permit application.
A cash payment in lieu, however, shall be collected by the Building Department at the time and as a
condition for issuance of a building permit.
(1) Funds. All funds collected pursuant to this Chapter shall be transferred by the Community
Development Director to the Finance Director. All funds so collected shall be properly identified
and promptly deposited in a designated account. Funds withdrawn from this fund shall be used
exclusively for the purposes specified herein.
Exhibit D | Application
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(2) City shall transfer funds to School District. Funds collected pursuant to this Chapter shall be
remitted monthly to the Aspen School District. The Aspen School District shall deposit said
funds into an interest-bearing account authorized by law. The Aspen School District shall be the
owner of the funds in the account, but the signature of the chief financial officer of the Aspen
School District, or his or her designee, and the signature of the Finance Director of the City shall
be required for the withdrawal of monies from the account.
(3) Administrative Fee. The City shall be entitled to retain two percent (2%) of the funds collected
to compensate it for its administrative expenses of collecting the fees. Said fees shall be deposited
in the City's general revenue fund to be expended as the City shall determine in its sole
discretion.
(c) Updated Annually. The land dedication standard imposed may be updated annually and adopted by
City Council ordinance.
Sec. 26.620.060. Procedures for land dedication and/or cash payment
(a) Land Dedication/Cash-in-lieu Acceptance. Acceptance of the lands to be dedicated shall be at the
discretion of the City Council.
(1) Form. A land dedication requirement of three thousand (3,000) square feet of land may
automatically be met through a cash-in-lieu of dedication payment. A land dedication
requirement of three thousand (3,000) square feet or more may be met through dedication of
land or through a cash-in-lieu of land dedication payment at the discretion of City Council.
(2) Criteria for Land Acceptance. Prior to acceptance of land, the City shall consider the comments
of the Aspen School District to determine whether the lands proposed to be dedicated are of
adequate size and can be suitably developed for school purposes or whether the lands have the
capability of being sold, with the proceeds being used for school purposes. The City shall also
consider the probable impacts on neighboring properties of the development of the lands for
school purposes. When the lands proposed to be dedicated are not adequate or suitable for
school purposes and cannot feasibly be sold, the City shall require a cash payment in lieu of the
land dedication.
(3) Timing. Payment of cash-in-lieu of a land dedication shall be made to the City prior to and on a
proportional basis to the issuance of any building permits for the residential dwelling units.
Lands to be dedicated to the City to fulfill the standards of this Chapter shall be identified on a
subdivision plat and shall be dedicated to the City prior to and on a proportional basis to the
issuance of any building permits for the residential dwelling units.
Sec. 26.620.070. Land dedication and cash-in-lieu fees
(a) The following land dedication is the result of the "City of Aspen Impact Fee Study and Update of
School Lands Dedication" study, which was sponsored by the City and completed by BBC Research
and Consulting on August 7, 2006. This study is available at the Community Development
Department. The land dedication was amended on September 26, 2011 to implement a change that
began using floor area as a basis of calculation instead of bedrooms. RRC Associates assisted with
the change.
The current land area required per student equals eight hundred ninety-six (896) square feet. Table 620.1
provides the student generation rates as follows:
Table 620.1, Student Generation Rates
Exhibit D | Application
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205 W. Main Street / HPC Major Development
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Floor area (square feet) per dwelling unit Student Generation Rate
First 1,200 .000064 students per square foot of Floor Area.
1,200—2,100 .000404 students per square foot of Floor Area.
2,100—3,500 .000031 students per square foot of Floor Area.
Above 3,500 0
Notes:
- The calculation of the School Land Dedication shall be assessed per dwelling unit. For example, duplex dwelling units do not combine
their floor area for one calculation.
- An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements of this Title, shall be calculated as
additional floor area of the primary dwelling it is associated with.
- When redevelopment of a property adds floor area, the difference between the generation rates of the existing floor area and the
proposed floor area shall be the basis for determining the number of students generated. No refunds shall be provided if Floor Area is
reduced.
- When demolition is proposed, the redevelopment shall be credited the floor area from the demolished residential dwelling unit. Credit
from a demolished dwelling unit cannot be allocated to more than one replacement dwelling unit or to development on a different lot.
Figure 620.1, School Land Dedication Calculation
896 square feet - Land Area per Student Standard
multiplied by
Total Students Generated - Provided in Table 620.1, Student Generation Rates
equals
Total Square Feet to be Dedicated
(b) Cash payment in lieu. An applicant may make a cash payment in lieu of dedicating land to the City,
or may make a cash payment in combination with a land dedication, to comply with the standards
of this Chapter. Because of the extraordinary cost of land within the City, the School District and
the City agreed to require payment of a cash-in-lieu amount which is less than the full market value
of the land area. The formula to determine the amount of cash-in-lieu payment for each residential
dwelling unit is as follows:
No actual land dedication is proposed as part of this application. The Applicant
understands that a land dedication cash-in-lieu may not carry an exemption for a 100%
affordable housing project. Nonetheless, the Applicant requests that City Council
consider an exemption from cash-in-lieu or dedication requirements for this 100%
affordable housing project. Absent any exemption, a calculation will be provided for a
cash-in-lieu payment using the table as provided above.
Figure 620.2, Cash-in-Lieu Formula
Total Square Feet to be Dedicated
multiplied by
Per-Square-Foot Value of Land Being Developed (see below for value substantiation)
multiplied by
Exhibit D | Application
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205 W. Main Street / HPC Major Development
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Percentage of Fee to be Charged - 33% (.33)
equals
Cash-in-Lieu Payment
Figure 620.3, Cash Payment in Lieu Example
The following example provides a development scenario to display how the fee is calculated. The scenario includes
a new 3,200 sq. ft. (floor area) single-family residential home on a 6,000 sq. ft. lot with an actual lot value of
$2,400,000.00. The per square foot lot value is $400.00.
Floor Area Students
Generated
3,200
(first 1,200 sq. ft. × .000064) .077
(next 900 sq. ft. × .000404) .364
(remaining 1,100 sq. ft. × .000031) .034
Total Student Generation Rate .475
Land Dedication Calculation
Land Area per Student Standard (sq. ft.) 896
multiplied by
Total Students Generated (from above calculation) .475
equals
Total Square Feet to be Dedicated 425.6
When calculating a cash payment in lieu of a land dedication (assuming a total land value of $2,400,000.00 for a
6,000-square-foot lot containing the dwelling unit), the following calculation would be used to determine the cash
payment in lieu:
Market Value of Land per sq. ft. $400 per sq. ft.
Exhibit D | Application
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205 W. Main Street / HPC Major Development
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multiplied by
Total Square Feet to be Dedicated 425.6
multiplied by
Percentage of Fee to be Charged - 33% 0.33
equals
Cash Payment in Lieu $56,179.20
The Applicant understands the nature of the formula provided above and will provide an
appropriate calculation if an exemption is not approved.
Sec. 26.620.080. Appeals
(a) Prior to issuance of a building permit, the applicant may challenge the imposition of a land
dedication imposed pursuant to this Chapter by filing with the Community Development Director a
written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement
of the grounds and an appeal fee as may be fixed from time to time by ordinance by the City Council.
The City may continue processing the building permit application. If the building permit is available
for issuance by the City and the appeal has not been heard, the building permit may be issued if a
bond or other security in an amount equal to the challenged/unpaid portion of the land dedication
is provided to the City. The appeal shall be heard by the City Council.
If any exemption is not provided for the requirements of this Section, the Applicant may
file a written notice of appeal as provided for in the sub-section above. This notice would
be provided prior to the issuance of a building permit.
Sec. 26.710.180. Mixed Use (MU) Zone District
(a) Purpose. The Mixed Use (MU) zone serves as a transition from the more intense commercial areas
of the CC and C-1 zones, and the residential and lodging zones surrounding Main Street. By allowing
for a mix of commercial and residential uses and smaller-scale development, the Mixed Use zone
reflects Aspen's historic character and provides different economic and residential opportunities
from more traditional commercial zones. Particularly along Main Street, the Mixed Use zone serves
as a buffer from the traffic of Highway 82 while allowing for smaller scale commercial and
residential opportunities.
Buildings in the Mixed Use zone consist primarily of commercial, service and office uses on the ground floor,
and residential and office uses on upper floors and off of the primary street frontage. Uses in the MU zone
should not erode the character of the neighborhood or create excessive impacts to the surrounding residential
and lodging zone. Standalone residential uses are permitted on properties as a reflection of the historic
residential nature of the zone district.
(b) Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) Zone District:
(1) On historic landmark properties: Bed and breakfast.
(2) General retail uses.
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(3) Specialty retail uses.
(4) Restaurant, bar and entertainment uses.
(5) Service uses.
(6) Office uses.
(7) Lodging.
(8) Arts, cultural, civic and community uses.
(9) Public uses.
(10) Recreational uses.
(11) (Academic uses.
(12) Affordable multi-family residential.
(13) Free-market multi-family housing is permitted in a mixed use building if the housing was legally
established (having received a Certificate of Occupancy, Development Order, or applied for a
Development Order) prior to Ordinance 29, Series 2016. No new Free-Market Residential Units
may be established in mixed-use buildings.
(14) Free-market multi-family residential when a stand-alone use, or in conjunction with affordable
multi-family residential.
(15) Single-family residence, Duplex residence, or two (2) detached single-family residences.
Accessory dwelling unit in a separate building accessed off the rear of a lot as an accessory use.
(16) Home occupations.
(17) Accessory uses and structures.
(18) Storage accessory to a permitted use.
(19) Vacation rentals. Pursuant to Section 26.575.220.
The proposed development of 100% affordable housing is a permitted use in the MU zone
district as provided in number 12 above.
(c) Conditional uses. The following uses are permitted as conditional uses in the Mixed-Use (MU) Zone
District, subject to the standards and procedures established in Chapter 26.425:
(1) Commercial parking facility, pursuant to Chapter 26.515.
(2) Automobile showroom and dealership.
(3) Formula uses in the Main Street Historic District, subject to the provisions contained in Section
26.425.045.
(4) Lodge, Boutique.
Condition use approval is not required for this application.
(d) Dimensional requirements. The following dimensional requirements shall apply to all permitted and
conditional uses in the Mixed-Use (MU) Zone District. The dimensional standards and allotments
provided in this Section for commercial and mixed-use developments are the maximum allowable
for the zone and may not be achieved for all developments. Site constraints, historic resources, on-
site mitigation and replacement requirements, and other factors may prevent development from
achieving some or all of the maximum allowable dimensional standards.
(1) Minimum Gross Lot Area (square feet): Three thousand (3,000).
The Property consists of a gross lot area of 7,500 SF, so this requirement is met.
(2) Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwellings: Four thousand five hundred (4,500). Three thousand (3,000)
for historic landmark properties.
b. Duplex dwellings (square feet): Four thousand five hundred (4,500). Three thousand (3,000)
for historic landmark properties.
c. All other uses: Not applicable.
Not applicable for an affordable housing project.
Exhibit D | Application
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(3) Minimum lot width (feet): Thirty (30).
This requirement is met.
(4) Minimum front yard setback (feet): Ten (10), which may be reduced to 5, pursuant to Special
Review, Chapter 26.430.
(5) Minimum side yard setback (feet): Five (5).
(6) Minimum rear yard setback (feet): Five (5).
These requirements are met. No reductions are requested.
(7) Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
A trash/recycling area will be provided meeting all requirements of the Code. See next
section of these code responses.
(8) Maximum height:
a. Detached residential and duplex dwellings: Twenty-five (25) feet.
b. All other uses: Twenty-eight (28) feet.
All new construction will meet the 28-foot height limit requirement.
(9) Minimum distance between buildings on the lot (feet): Ten (10).
This requirement has been met.
(10) Pedestrian amenity space: Pursuant to Section 26.412 .
Not applicable. Pedestrian amenity space is not required for a 100% residential project.
(11) Floor Area Ratio (FAR):
a. The following FAR schedule applies to uses cumulatively and individually when part of a
commercial, lodging, or mixed-use development, as follows:
Use Maximum
(allowed by right)
Maximum by special review
(see Subsection 26.430.040(a))
Main Street
Historic District
All Other
Locations
Cumulative total of all uses 1:1 1.25:1 1.5:1
Commercial 1:1 1.25:1 1.5:1
Civic 1:1 1.25:1 1.5:1
Lodging 0.75:1 1:1 1:1
Affordable Housing No limitation other than cumulative total of all uses
Exhibit D | Application
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205 W. Main Street / HPC Major Development
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b. The following FAR schedule applies to affordable housing and free-market residential uses
when developed as the only use of the parcel:
1. Affordable Housing, multi-family housing: Limited to cumulative total outlined
in Section 26.710.180(d)(11)a, above.
2. Free-market, affordable housing: 0.5:1, which may be increased to 0.75:1 if affordable
housing floor area equal to one hundred percent (100%) of the free-market residential
floor area is developed on the same parcel.
For an affordable housing project, this 7,500 SF property would carry a maximum floor
area ratio of 1:1 or 7,500 SF by right. With Special Review, as provided in the Land Use
Code, the floor area ration may be increased to 1.25:1. This would provide an allowable
floor area of 9,587.5 SF. The proposed floor area in this application is 7,939 SF or slightly
above the 1:1 standard FAR limitation. Therefore, the applicant is requesting Special
Review to allow for a higher floor area ratio. The proposed floor area ratio would become
1.1:1 as part of this request. It should be noted that minor floor area and FAR changes
may result as part of the land use and building permit reviews.
c. The following FAR schedule applies to single-family and duplex uses when developed as the
only use of the parcel:
1. Detached residential and duplex dwellings established prior to the adoption of
Ordinance No. 7, Series of 2005: One hundred percent (100%) of the allowable floor
area of an equivalent-sized lot located in the R-6 Zone District. (See R-6 Zone District.)
Receipt of a development order shall constitute the date the use was established.
Replacement after demolition shall not effect a new establishment date for the purposes
of this Section. City historic transferable development rights shall not permit additional
floor area for detached residential and duplex dwellings.
2. Detached residential and duplex dwellings established after the adoption of Ordinance
No. 7, Series of 2005: Eighty percent (80%) of the allowable floor area of an equivalent-
sized lot located in the R-6 Zone District. (See R-6 Zone District.) City historic
transferable development rights shall not permit additional floor area for detached
residential and duplex dwellings.
Not applicable to this application.
(12) Maximum multi-family residential dwelling unit size (square feet):
a. Category 1-7 Affordable multi-family housing: No limitation.
b. Resident Occupied Affordable multi-family housing: Individual units shall be limited to two
thousand (2,000) square feet of net livable area.
c. Free-Market multi-family housing: Individual units shall be limited to two thousand (2,000)
square feet of net livable area. Combination of Free-Market residential units is permitted,
but subject to the net livable size limitations herein, as well as other provisions of this Title.
d. Expansions Allowed: Notwithstanding the above, individual multi-family unit sizes may be
increased by extinguishing Historic Transferable Development Right Certificates
("certificate" or "certificates"), subject to the following:
1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate
that is extinguished.
2. The additional square footage accrued may be applied to multiple units. However, the
maximum individual unit size attainable by transferring development rights is two
thousand five hundred (2,500) square feet of net livable area (i.e., no more than five
hundred (500) additional square feet may be applied per unit).
3. This incentive applies only to individual unit size. Transferring development rights does
not allow an increase in the Floor Area Ratio (FAR) of the lot or the use.
Exhibit D | Application
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205 W. Main Street / HPC Major Development
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There is no limitation to unit size for affordable multi-family housing. However, the actual
unit sizes proposed here are generally equivalent to the minimum requirements as
provided by APCHA for 2- and 3-bedroom units.
(13) Commercial/residential ratio: When development includes mixed-uses, the total residential net
livable area shall be no greater than one hundred fifty percent (150%) the total commercial net
leasable and lodging net livable area located on the same parcel.
Not applicable.
(e) Compliance with City of Aspen Charter. Any property located east of Castle Creek that was in the
Mixed-Use (MU) zone district on January 1, 2015, is subject to the provisions of Article XIII Section
13.14, Voter authorization of certain land use approvals, of the City of Aspen Charter.
Not applicable.
Sec. 12.10.050. Trash Storage Space Required for Multi-Family Developments
All Multi-Family development within the Applicability Section 12.10.020 must provide adequate space for
trash and recycling storage by meeting the following standards.
(a) Adequate space for Multi-Family Developments is defined as follows:
(1) Multi-Family Developments including ten (10) or fewer dwelling units shall provide a minimum
of twelve (12) linear feet for trash and recycling storage. The required area shall have a
minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground
level.
(2) Multi-Family Developments including more than ten (10) and fewer than thirty (30) dwelling
units shall provide an additional one and a half (1.5) square feet for each additional dwelling
unit over ten (10), in addition to the required one hundred and twenty (120) square feet
described in Section 12.10.050(a)(2) above.
(3) Multi-Family Developments that include thirty (30) or more dwelling units shall provide a
minimum of one hundred fifty (150) square feet of space for trash and recycling storage plus an
additional one hundred fifty (150) square feet for every increment of thirty (30) additional units
over fifty-nine (59). This space may be located in a central collection area or may be divided into
smaller collection areas located in different locations throughout the property. If smaller,
separate collection areas are planned, no single area may measure fewer than one hundred and
twenty (120) square feet.
As a multi-family development containing nine (9) dwelling units, the project will provide
a minimum of twelve (12) linear feet by ten (10) feet deep, or 120 SF for trash and
recycling storage. Vertical clearance shall be a minimum of ten (10) feet.
(b) The required area shall not be used for parking or as vehicular access to a parking area.
The required area will not be used for parking or as vehicular access to a parking area.
See the architectural plans provided with this application.
(c) The area may be used for utility equipment storage if approved by both the City of Aspen Utility
Department and Environmental Health Department.
Any possible use for utility equipment will be determined at Final Application.
Exhibit D | Application
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205 W. Main Street / HPC Major Development
(PID# 273512454003)
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(d) The trash and recycling areas shall be accessible to all tenants within the development in a manner
that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and
amended by the City of Aspen. Alleyways (vehicular rights-of-way) may not be used as pathways
(pedestrian rights-of-way) to meet the requirements of the International Building Code.
The trash and recycling area are available to all tenants and are accessible from within
the proposed development.
(e) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash
collection area and must be approved by Special Review pursuant Section 12.10.080. The storage
and collection of waste and recyclables should be designed to complement each other and to operate
as one (1) system.
No separate storage area is proposed for recyclable materials.
Exhibit D | Application
118
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)
Exhibit D | Application
119
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
DIMENSIONAL REQUIREMENTS FORM
Complete only if required by the PreApplication checklist
Project and Location
Applicant:
Zone District: Gross Lot Area: Net Lot Area:
**Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Please fill out all relevant dimensions
Single Family and Duplex Residential
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
Existing Allowed Proposed
Multi-family Residential
1) Number of Units
2) Parcel Density (see 26.710.090.C.10)
3) FAR (Floor Area Ratio)
4) Floor Area (square feet)
Existing Allowed Proposed
8) Minimum distance between buildings
Proposed % of demolition
ϱͿMaximum Height
ϲͿFront Setback
ϳͿRear Setback
ϴͿSide Setbacks
Proposed % of demolition
Commercial
Proposed Use(s)
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off-Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed % of demolition
Existing non-conformities or encroachments:
Variations requested:
Lodge
Additional Use(s)
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Free Market Residential(square feet)
4) Front setback
5) Rear setback
6) Side setbacks
7) Off-Street Parking Spaces
8) Pedestrian Amenity (square feet)
Proposed % of demolition
Existing Allowed Proposed
205 W. Main Street HPC Major Development
Conservation Housing Partners LLC
MU 7,500 SF 7,500 SF
7,939 SF7,500 SF
28'
2 9
NA
1 : 1 1.1 : 1
28'
10'10'
5'5'
5'
NA
None
Special review for Floor Area, Reduction of Parking (2 spaces), and percentage AH unit subgrade
5'
Exhibit D | Application
120
Pitkin Maps &
More
1,128
188.1
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet0188.194.04
Notes THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 12:35 PM 05/19/22 at
http://www.pitkinmapsandmore.com
Driveway
State Highway
Road Centerline 4K
Primary Road
Secondary Road
Service Road
Full Address
Parcel Boundary
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
Exhibit D | Application
121
Report Created: 5/19/2022 12:37:50 PM
Parcel ID: 273512454003Pitkin County
Community Development Report
Library District
School District
Fire District
Water District
Within 1/4 Mile of Sewer Service
Sewer System
Historic District
Zone District Overlays
Master Plan Area
Caucus
Land Use Category
2226 Sq. FeetImprovements
Assessor's Information
Township, Range, Section
7405.2 Sq. Feet
205 W MAIN ST
Aspen
GIS Parcel Size
Address (Assessor's Records)
Jurisdiction
Services
Boundaries
Property Information
1112: Residential-Single Family Residence
Aspen Consolidated Sanitation District
City of Aspen Water Service Area
Aspen Fire Protection District
Aspen School District No. 1 (RE)
Pitkin County Library
Not within a Caucus Area
AACP
No Zoning Overlay on this parcel
Main Street Historic District
Address (GIS Points)205 W MAIN ST
605 W MAIN ST #2 ASPEN, CO 81611
R000276
CONSERVATION HOUSING PARTNERS LLCOwner
Account
Owner Address
T:10, R:85, S:12
Subdivision: CITY AND TOWNSITE OF ASPEN Block: 52 Lot: H AND:- Lot: I & E 15'
OF LOT G
Legal Description
No Zoning District on this parcelZone District
Exhibit D | Application
122
Brush Creek-Roaring Fork River
Woody Creek-Roaring Fork River
A: Low Hazard
No Scenic View designation
No Creeks or Rivers within 100 feet
Watershed Subbasin
Watershed Drainage
Wildfire
Scenic
Floodplain
Within 100 Feet of Creek or River
Historic District
Zone District Overlays
Environmental Areas
Address
Retired Parcel
Documents
Parcel 273512454003
205 W MAIN ST
Main Street Historic District
No Retired
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Exhibit D | Application
123
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.01SITE PLAN | EXISTING |1:10AFFORDABLE HOUSINGSheet No.SCALE: 1' = 1'-0"1SITE PLAN | EXISTING | 1:100 1/2'' 1''2''Exhibit D | Application124
1205 WEST MAIN HOUSING 205 WEST MAIN | ASPEN CO205 WEST MAIN HOUSING | 205 WEST MAIN | ASPEN COExhibit D | Application125
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.01SITE PLAN | EXISTING |1:10AFFORDABLE HOUSINGSheet No.SCALE: 1' = 1'-0"1SITE PLAN | EXISTING | 1:100 1/2'' 1''2''Exhibit D | Application126
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.02SITE PLAN | PROPOSED |1:10AFFORDABLE HOUSINGSheet No.NDNDNUPDNDNDNDNDNUP19'-0"PROPOSEDTRASHENCLOSUREFOOTPRINTUTILITY METERSPLANTINGBEDPLANTINGBEDPLANTINGBEDPLANTINGBEDLAWNLAWNLAWNLAWNLAWNEXISTING PARKING-TO BE REMOVEDW. MAIN STREET100.00' PUBLIC R.O.W.S. FIRST STREET75.45' PUBLIC R.O.W.S 75°09'11" E 75.00' (R)S 14°50'49" W 100.00' (R)N 75°09'11" W 75.00' (R)ssALLEY BLOCK 5221.01' PUBLIC R.O.W.LIGHTWELLLIGHTWELLLIGHTWELLLIGHTWELLLIGHTWELLLIGHTWELLTRASHELEV.UNIT101UNIT102UNIT103UNIT104UNIT105PROPERTY LINEA L L E YSETBACKSETBACKCONCRETE SIDEWALKPROPERTY LINEPROPERTY LINESETBACKPROPERTY LINE11'-3"5'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"BBQBENCHBENCHSETBACKSCALE: 1" = 10'1SITE PLAN | PROPOSED | 1:1005'10' 20'Exhibit D | Application127
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.03FARAFFORDABLE HOUSINGSheet No.UPDNUPDNDECK34.10 sq ftDECK34.10 sq ftDNDNDNPP#201-3 BED AH UNIT1,157.15 sq ft#202-3 BED AH UNIT1,251.39 sq ft#101-3 BED AH UNIT383.23 sq ftDECK236.65 sq ftSTORAGE20.49 sq ftSTORAGE21.61 sq ftDECK69.19 sq ftUPDECK34.26 sq ftDECK34.26 sq ftDECK37.61 sq ft#302-3 BED AH UNIT1,118.28 sq ft#301-2 BED AH UNIT964.02 sq ftSTORAGE23.18 sq ftSTORAGE23.19 sq ftDECK136.49 sq ftDNUPDNUPDNUP1213141516171819239147235611108202122DECK34.68 sq ftUPNNNNDNNNUPDNUPt#105-2 BED AH UNIT546.17 sq ft#103-2 BED AH UNIT533.91 sq ft#104-2 BED AH UNIT544.02 sq ft#101-3 BED AH UNIT555.07 sq ft#102-2 BED AH UNIT496.02 sq ftDECK58.98 sq ftSTORAGE15.07 sq ftMECH.66.80 sq ftEGRESS93.44 sq ftSTORAGE14.95 sq ftSTORAGE15.75 sq ftDNDNUPDNDNDNDNUPDECK27.07 sq ftDNDNDNPDN#105-2 BED AH UNIT525.60 sq ft#103-2 BED AH UNIT514.42 sq ft#104-2 BED AH UNIT505.72 sq ftDECK64.81 sq ft#101-3 BED AH UNIT445.59 sq ft#102-2 BED AH UNIT479.67 sq ftSTORAGE18.24 sq ftSTORAGE18.24 sq ftF.A.R. SCHEDULEUNIT#101102103104105201202301302DECKEGRESSMECH.LEVELLOWERMAIN LEVELMAIN LEVELSECOND LEVELLOWERMAIN LEVELMAIN LEVELLOWERLOWERMAIN LEVELLOWERLOWERMAIN LEVELLOWERLOWERMAIN LEVELSECOND LEVELSECOND LEVELSECOND LEVELSECOND LEVELTHIRD LEVELTHIRD LEVELTHIRD LEVELTHIRD LEVELLOWERMAIN LEVELSECOND LEVELTHIRD LEVELLOWERLOWERUSE#101-3 BED AH UNIT#101-3 BED AH UNITSTORAGE#101-3 BED AH UNIT#102-2 BED AH UNIT#102-2 BED AH UNITSTORAGE#103-2 BED AH UNITSTORAGE#103-2 BED AH UNIT#104-2 BED AH UNITSTORAGE#104-2 BED AH UNIT#105-2 BED AH UNITSTORAGE#105-2 BED AH UNIT#201-3 BED AH UNITSTORAGE#202-3 BED AH UNITSTORAGE#301-2 BED AH UNITSTORAGE#302-3 BED AH UNITSTORAGEDECKDECKDECKDECKEGRESSMECH.TOTAL AREA555.07445.5918.24383.23496.02479.6718.24533.9114.95514.42544.0215.07505.72546.1715.75525.601,157.1521.611,251.3920.49964.0223.191,118.2823.1893.6691.88374.04242.6293.4466.8011,153.42 ft²114.02 sq ft57.01 sq ft57.01 sq ft121.15 sq ft114.02 sq ft114.02 sq ft9'-6"9'-6"195.79 sq ft52.06 sq ft20.59 sq ft174.99 sq ft11.09 sq ft194.39 sq ft222.11 sq ft200.73 sq ft168.66 sq ft21.97 sq ft52.06 sq ft239.92 sq ft456.89 sq ft342.07 sq ft112.44 sq ft451.34 sq ft13.86 sq ft116.40 sq ft95.42 sq ft35.63 sq ft58.99 sq ft21.38 sq ft401.06 sq ft 3659.84 SF TOTAL BELOW GRADE WALL AREA -577.23 SF TOTAL EXPOSED BELOW GRADE WALL AREA 3082.61 SF TOTAL BURIED BELOW GRADE WALL AREA84.2% BURIED15.8% EXPOSED1234567891011121314151617 181920 2122 23HISTORIC STRUCTUREPROPOSEDSTRUCTURE1314.44 SF2345.40 SFSCALE: 1/8" = 1'-0"2SECOND LEVEL AREA PLANSCALE: 1/8" = 1'-0"3THRID LEVEL AREA PLANSCALE: 1/8" = 1'-0"-1.LOWER LEVEL AREA PLANSCALE: 1/8" = 1'-0"1MAIN FLOOR AREA PLANSCALE: 1/8" = 1'-0"-1.LOWER LEVEL BURIED WALL CALCSExhibit D | Application128
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.04NET LIVABLEAFFORDABLE HOUSINGSheet No.UPDNUPDNDN#202-3 BED AH UNIT1,176.27 sq ft#201-3 BED AH UNIT1,089.24 sq ft#101-3 BED AH UNIT275.58 sq ftSTORAGE17.25 sq ftSTORAGE17.25 sq ftUP#302-3 BED AH UNIT1,048.43 sq ft#301-2 BED AH UNIT866.22 sq ftSTORAGE20.36 sq ftSTORAGE20.36 sq ftDNUPDNUPUPDNUPUPSTORAGE10.58 sq ftSTORAGE10.58 sq ftSTORAGE10.58 sq ftUPUPDNNNUPUPDN#104-2 BED AH UNIT492.09 sq ft#103-2 BED AH UNIT465.07 sq ft#102-2 BED AH UNIT428.11 sq ft#101-3 BED AH UNIT481.83 sq ft#105-2 BED AH UNIT441.66 sq ftDNDNUPDNDNDNDNSTORAGE13.15 sq ft#105-2 BED AH UNIT421.61 sq ftSTORAGE13.15 sq ftDNDNDN#103-2 BED AH UNIT430.94 sq ft#104-2 BED AH UNIT422.87 sq ft#102-2 BED AH UNIT393.89 sq ft#101-3 BED AH UNIT415.11 sq ftN.L.A. SCHEDULEUNIT#101102103104105201202301302#101-3 BED AH UNIT#101-3 BED AH UNIT#101-3 BED AH UNITSTORAGE#102-2 BED AH UNIT#102-2 BED AH UNITSTORAGE#103-2 BED AH UNIT#103-2 BED AH UNITSTORAGE#104-2 BED AH UNIT#104-2 BED AH UNITSTORAGE#105-2 BED AH UNIT#105-2 BED AH UNITSTORAGE#201-3 BED AH UNITSTORAGE#202-3 BED AH UNITSTORAGE#301-2 BED AH UNITSTORAGE#302-3 BED AH UNITSTORAGELEVELLOWERMAIN LEVELSECOND LEVELMAIN LEVELLOWERMAIN LEVELMAIN LEVELMAIN LEVELLOWERLOWERLOWERMAIN LEVELLOWERLOWERMAIN LEVELLOWERSECOND LEVELSECOND LEVELSECOND LEVELSECOND LEVELTHIRD LEVELTHIRD LEVELTHIRD LEVELTHIRD LEVELAREA481.83415.11275.5813.15428.11393.8913.15430.94465.0710.58492.09422.8710.58441.66421.6110.581,089.2417.251,176.2717.25866.2220.361,048.4320.368,982.18 ft²SCALE: 1/8" = 1'-0"2SECOND LEVEL N.L.A. PLANSCALE: 1/8" = 1'-0"3THIRD LEVEL N.L.A. PLANSCALE: 1/8" = 1'-0"-1.LOWER LEVEL N.L.A. PLANSCALE: 1/8" = 1'-0"1MAIN FLOOR N.L.A. PLANExhibit D | Application129
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.05EXISTING PLANSAFFORDABLE HOUSINGSheet No.SCALE: 1/4" = 1'-0"1EXISTING FLOOR PLANS02'4' 8'Exhibit D | Application130
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.01BASEMENT FLOOR PLANAFFORDABLE HOUSINGSheet No.DNUPDNUPDNUPDNUPDNUPDNUPW/DW/DW/DW/DW/D558866101011119977H1H1H3H3H4H4H6H6H5H5H2H24411'-10"15'-6"9'-9"51/2"6'-41/8"51/2"51/2"1'-8"20'-7"11"1'-2"24'-91/2"44'-3"20'-51/2"18'-21/2"5'-7"LIGHTWELLLIGHTWELLLIGHTWELLLIGHTWELLLIGHTWELLLIGHTWELLELEV.MECH.STAIRBEDROOM 1BEDROOM 2BEDROOM 1BATH 1CLOSETBEDROOM 2BATH 1BATH 1BATH 1BEDROOM 1BEDROOM 2BEDROOM 1BEDROOM 2BEDROOM 1BEDROOM 2BATH 1CL.CL.CL.CL.CL.CL.CL.CL.CL.CL.CL.STAIRSTAIRSTAIRSTAIRSTAIRSTORAGESTORAGESTORAGE1A2.014A2.022A2.0111CC2233DDEEGGHHJJLLMMNNAAKKBBFFHBHBHCHCHDHDHAHA3A2.025A2.036A2.03SCALE: 1/4" = 1'-0"-1BASEMENT FLOOR PLAN02'4' 8'Exhibit D | Application131
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.02MAIN LEVEL FLOORPLANAFFORDABLE HOUSINGSheet No.DNDNUPDNDNDNDNDNUP558866101011119977H1H1H3H3H4H4H6H6H5H5H2H2DW
RGF44DW
RGFDWRGFDW
RGFDW
RGF 71/8"11'-043/64"24'-931/64"17'-2"11'-10"11'-121/64"20'-51/2"18'-21/2"5'-7"17'-2"11'-10"5'-2"42'-11"6'-0"83'-1"61'-3"8'-0"7'-9"7'-10"17'-4"2'-0"6'-0"6'-0"41'-6"1A2.014A2.022A2.01PANTRYPANTRYPANTRYPANTRYELEV.TRASHSTORAGESTORAGESTAIRKITCHENDININGLIVINGLIVINGKITCHENDININGDININGDININGDININGKITCHENKITCHENLIVINGLIVINGLIVINGSTAIRSTAIRSTAIRSTAIRSTAIRCL.CL.CL.CL.ENTRY PORCHENTRY PORCHENTRY PORCHPROPERTY LINESETBACKSETBACKSETBACKCL.PROPERTY LINEKITCHENPOWDER11CC2233DDEEGGHHJJLLMMNNAAKKBBFFHBHBHCHCHDHDHAHA3A2.025A2.036A2.03SETBACKSCALE: 1/4" = 1'-0"1MAIN FLOOR PLAN02'4' 8'Exhibit D | Application132
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.03SECOND LEVEL FLOORPLANAFFORDABLE HOUSINGSheet No.UPDNUPDN558866101011119977H1H1H3H3H4H4H6H6H5H5H2H244WDRDWRGFDW
RGFDR1A2.014A2.022A2.017'-11"15'-1"6'-0"5'-2"48'-11"15'-6"9'-9"25'-3"5'-2"40'-11"8'-0"10'-10"41'-6"7'-11"5'-9"15'-4"8'-11"2'-8"5'-3"32'-2"5'-3"7'-0"48'-11"29'-0"5'-2"48'-11"PANTRYPANTRYHISTORICHOUSEBELOWDECKDECKDECKDECKLIFTSTAIRSTORAGE STORAGEDININGKITCHENLIVINGBEDROOM 1BEDROOM 2BEDROOM 3BATH 1BATH 2ENTRY/MUDROOMBEDROOM 3BEDROOM 2BATH 1BATH 2BEDROOM 1KITCHENDININGLIVINGBEDROOM 3BATH 3CLOSET11CC2233DDEEGGHHJJLLMMNNAAKKBBFFHBHBHCHCHDHDHAHA3A2.025A2.036A2.03W/DSCALE: 1/4" = 1'-0"2SECOND LEVEL02'4' 8'Exhibit D | Application133
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.04THIRD LEVEL FLOORPLANAFFORDABLE HOUSINGSheet No.UP558866101011119977H1H1H3H3H4H4H6H6H5H5H2H244WDRDW
RGFDW
RGFDR1A2.014A2.022A2.0151/2"10'-79/16"51/2"51/2"2'-11/4"31/2"12'-51/4"51/2"61'-3"83'-1"7'-11"15'-1"6'-0"5'-2"15'-9"7'-10"17'-4"8'-0"4'-0"4'-11"6'-7"1'-4"32'-2"5'-3"7'-0"25'-3"4'-0"4'-11"6'-7"9'-9"29'-0"51/2"10'-73/8"51/2"5/8"9'-0"51/2"10'-8"51/2"51/2"10'-6"51/2"10'-017/64"51/2"51/2"12'-05/8"51/2"2'-225/64"51/2"51/2"6'-11/4"51/2"6'-13/4"51/2"PANTRYPANTRYDECKDECKDECKDECKSTAIRHISTORICHOUSEBELOWDECKLIFTSTORAGESTORAGEDININGKITCHENLIVINGBEDROOM 1BEDROOM 2BATH 1ENTRY/MUDROOMBEDROOM 3BEDROOM 2BATH 1BATH 2BEDROOM 1KITCHENDININGLIVINGENTRYCL.CL.STORAGESTORAGECL.CL.CL.CL.CL.11CC2233DDEEGGHHJJLLMMNNAAKKBBFFHBHBHCHCHDHDHAHA3A2.025A2.036A2.03W/DSCALE: 1/4" = 1'-0"3THIRD LEVEL02'4' 8'Exhibit D | Application134
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.05ROOF PLANAFFORDABLE HOUSINGSheet No.558866101011119977H1H1H3H3H4H4H6H6H5H5H2H2441A2.014A2.022A2.011:1212:1214:12HISTORICHOUSEBELOW14:1214:1214:1214:1214:1212:1212:1212:1212:1212:1212:1212:121:123:12FLATFLATFLATFLAT14:1214:1212:1212:1212:1212:1212:1211CC2233DDEEGGHHJJLLMMNNAAKKBBFFHBHBHCHCHDHDHAHA3A2.025A2.036A2.03SCALE: 1/4" = 1'-0"4ROOF02'4' 8'Exhibit D | Application135
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA2.01ELEVATIONSAFFORDABLE HOUSINGSheet No.111098765321H6H5H4H3H2H14100'-0"MAIN LEVEL100'-0"MAIN LEVEL108'-10"SECOND LEVEL108'-10"SECOND LEVEL118'-4"THIRD LEVEL118'-4"THIRD LEVEL26'-0"24'-1"ASPHALT SHINGLEMETAL SHINGLE4" LAP SIDING6" LAP SDING8" LAP SIDINGVERTICAL SIDINGMETAL GUSSET PLATEASPHALT SHINGLE6" LAP SDINGSCALLOPED SHINGLESCALLOPED SHINGLENMLKJHGHDFEDHCCBHBAHA100'-0"MAIN LEVEL100'-0"MAIN LEVEL108'-10"SECOND LEVEL108'-10"SECOND LEVEL118'-4"THIRD LEVEL118'-4"THIRD LEVEL21'-10"27'-6"ASPHALT SHINGLEMETAL SHINGLE6" LAP SDING8" LAP SIDINGVERTICAL SIDINGASPHALT SHINGLE6" LAP SDING6" LAP SIDINGWITH COLORGRADIENTSCALLOPED SHINGLESCALE: 1/4" = 1'-0"1NORTH ELEVATION02'4'8'SCALE: 1/4" = 1'-0"2EAST ELEVATION02'4' 8'Exhibit D | Application136
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA2.02ELEVATIONSAFFORDABLE HOUSINGSheet No.1235678H1H2H3910H4H5H6114100'-0"MAIN LEVEL100'-0"MAIN LEVEL108'-10"ECOND LEVEL108'-10"SECOND LEVEL118'-4"THIRD LEVEL118'-4"THIRD LEVEL9'-6"9'-6"26'-11"26'-11"27'-9"27'-9"ASPHALT SHINGLEMETAL SHINGLE6" LAP SDING8" LAP SIDINGVERTICAL SIDINGCABDEFGHJKLMNHAHBHCHD100'-0"MAIN LEVEL100'-0"MAIN LEVEL108'-10"ECOND LEVEL108'-10"SECOND LEVEL118'-4"THIRD LEVEL118'-4"THIRD LEVEL27'-2"27'-10"27'-10"ASPHALT SHINGLEMETAL SHINGLE4" LAP SIDING6" LAP SDING8" LAP SIDINGVERTICAL SIDINGMETAL COLUMNSASPHALT SHINGLEMETAL SHINGLE6" LAP SDING8" LAP SIDINGVERTICAL SIDINGTIMBER COLUMNSMETAL RAILSCALE: 1/4" = 1'-0"3SOUTH ELEVATION02'4' 8'SCALE: 1/4" = 1'-0"4WEST ELEVATION02'4' 8'Exhibit D | Application137
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA2.03ELEVATIONSAFFORDABLE HOUSINGSheet No.GFEDCBA100'-0"MAIN LEVEL100'-0"MAIN LEVEL108'-10"SECOND LEVEL108'-10"SECOND LEVEL118'-4"THIRD LEVEL118'-4"THIRD LEVEL23'-63/4"23'-91/2"ASPHALT SHINGLEMETAL SHINGLE4" LAP SIDING6" LAP SDING8" LAP SIDINGVERTICAL SIDING1110987653214100'-0"MAIN LEVEL100'-0"MAIN LEVEL108'-10"SECOND LEVEL108'-10"SECOND LEVEL118'-4"THIRD LEVEL118'-4"THIRD LEVEL23'-71/4"27'-41/4"ASPHALT SHINGLEMETAL SHINGLE4" LAP SIDING6" LAP SDING8" LAP SIDINGVERTICAL SIDINGSCALE: 1/4" = 1'-0"5PARTIAL EAST ELEVATION02'4' 8'SCALE: 1/4" = 1'-0"6PARTIAL NORTH ELEVATION02'4' 8'Exhibit D | Application138
DRAWING ISSUE
DRAWN BY:
PROJECT No:2125
CPF
DUE DILIGENCE 2021-08-26
CONCEPTUAL 2021-10-21
HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plans
indicated or represented by this drawing areowned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purposewhatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
A2.04
ELEVATIONS AFFORDABLE HOUSINGSheet No.
100'-0"
MAIN LEVEL
100'-0"
MAIN LEVEL
108'-10"
SECOND LEVEL
108'-10"
SECOND LEVEL
118'-4"
THIRD LEVEL
118'-4"
THIRD LEVEL
PROPOSED
SHED ROOF
RAKE CONDITION
AREA OF DEMOLISHED
NON-HISTORIC ENCLOSED PORCH
1 2 3 5 8 H1 H2 H3 9 10 H4 H5 H6 11
100'-0"
MAIN LEVEL
100'-0"
MAIN LEVEL
108'-10"
SECOND LEVEL
108'-10"
SECOND LEVEL
118'-4"
THIRD LEVEL
118'-4"
THIRD LEVEL
ASPHALT SHINGLE
METAL SHINGLE
6" LAP SDING
8" LAP SIDING
VERTICAL SIDING
ASPHALT SHINGLE
6" LAP SDING
ASPHALT SHINGLE
HA HB HC HD
SCALE: 1/4" = 1'-0"7 HISTORIC WEST ELEVATION
0 2'4'8'
SCALE: 1/4" = 1'-0"8 PARTIAL SOUTH ELEVATION
0 2'4'8'
Exhibit D | Application
139
Exhibit D | Application140
Exhibit D | Application141
Exhibit D | Application142
Exhibit D | Application143
PRELIMINARYSCHEMATICPLANL0.10DATE:DRAWN BY:CHECKED BY:ISSUE:HISTORY:BAJSHEET TITLE:MAIN STREETVICTORIANFOR PLANNINGPURPOSES ONLYNOT FOR CONSTRUCTION04.20.2022ADDRESS:205 W. MAIN ST.ASPEN, CO 81611PARCEL #---------------PSRDATE00.00.2022ISSUE___________STAMP PER DISCIPLINEPITKIN COUNTY STAMPS0'3' 6' 12'SCALE: 1"= 6'-0"NORTHDRAFTIVORY SILK JAPANESE TREE LILACRHAPSODY BLUE HYDRANGEAROCKY MOUNTAIN COLUMBINEFIREFLY CORAL BELLSLILY -OF-THE-VALLEYORCHID FROST DEAD NETTLEBELGARD PERMEABLE PAVERFLAGSTONE STEPPERS &FLAGSTONE PATIOIVORY SILK JAPANESE TREELILAC, TYP.FIREFLY CORAL BELLS, TYP.DEAD NETTLE, TYP.RHAPSODY BLUE HYDRANGEA,TYP.ROCKY MOUNTAIN COLUMBINE,TYP.LILY-OF-THE-VALLEY,TYP.EXISTING TREES TO REAMINPROPOSED FLAGSTONESTEPPERS, TYP.PROPOSED PERMEABLEPAVERS, TYP.LAWNLAWNPROPERTY LINEPROPERTY LINESETBACKTRASHENCLOSUREUNIT 105UNIT 104UNIT 103UNIT 101UNIT 102STAIRSLIFTFLAGSTONE PATIO, TYP.BIKE PARKINGBENCH, TYP.WWWWWWWWWWWWALLEYEXISTING SIDEWALKEXISTING SIDEWALKExhibit D | Application144
119 South Spring Street | Suite 203 | Aspen, CO
T 970.925.3444 C 517.881.5046
www.djarchitects.com
May 20, 2022
D. Brian Beazley
Stan Clauson
205 West Main Street Affordable Housing
Historic Structure Relocation Assessment
This letter serves as a document to confirm the proposed relocation and improvements to the
existing structure at 205 West Main Street in Aspen, CO. The proposed design is intending the
house to be lifted from the existing basement foundation and relocated to the NE corner of the lot.
The home was built in 1890 and moved from the west end of Aspen to this site in 1949. The
existing residence is a two-story gable framed structure with a single story shed roof structure to the
south. The structure will be set on a new basement foundation, shored and gutted to incorporate
the new proposed floorplans. The roof structure will have to be brought up to current structural
code. Based upon observations, the existing structure appears to be sound and should be able to
withstand the move to the new location. The move should be conducted by a qualified building
moving company that is experienced in moving similar historic structures. This review was based
upon visual observations only.
Regards,
D. Brian Beazley, Architect-AIA
DATE
BY
TO
CC
PROJECT
SUBJECT
COMMENTS
Exhibit D | Application
145
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.05EXISTING PLANSAFFORDABLE HOUSINGSheet No.SCALE: 1/4" = 1'-0"1EXISTING FLOOR PLANS02'4' 8'NON-HISTORIC ADDITION(TO BE REMOVED)Exhibit D | Application146
UNITUSENET LIVABLE AREA 20% NLA RANGE STORAGE SF % ABOVE GRADE1013 BED AH UNIT1173 1200>96011591022 BED AH UNIT822900>72011481032 BED AH UNIT896900>72011481042 BED AH UNIT914900>72013461052 BED AH UNIT863900>72013492013 BED AH UNIT1089 1200>960171002023 BED AH UNIT1176 1200>960171003012 BED AH UNIT866900>720171003023 BED AH UNIT1048 1200>960171009 UNITS22 BEDROOMS8847205 WEST MAIN AFFORABLE HOUSING N.L.A. SCHEDULEMAIN/LOWER LEVELSECOND LEVELTHIRD LEVELExhibit D | Application147
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Address of Property:
Please type or print in all caps
Property Owner Name: Representative Name (if different from Property Owner):
Billing Name and Address - Send Bills to:
Contact info for billing: e-mail: Phone:
I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner, I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non-refundable.
$. flat fee for . $. flat fee for
$. flat fee for . $. flat fee for
For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review, and presentation of sufficient information to enable legally required findings to be made for project
consideration unless invoices are paid in full.
The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the
City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an
invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to
pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does
not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates
hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
205 W. Main Street
Conservation Housing Partners LLC Michael Brown
605 W. Main St., Suite 2, Aspen, CO 81611
harris@haymax.com 970 544-4196
975 APCHA
975 Parks
3,250 10
325 1
Michael Brown
Manager
Exhibit D | Application
148
Michael Brown, Manager
Conservation Housing Partners LLC
605 W. Main St., Suite 2
Aspen, CO 81611
Tel: 970 544-4196
18 May 2022
Ms. Natalie Feinberg Lopez, Historic Preservation Officer
Community Development Department
City of Aspen
427 Rio Grande Place
Aspen, CO 81611
Dear Ms. Feinberg Lopez:
This letter is to certify that I, Michael Brown, Manager of Conservation Housing Partners
LLC, owner of the property located at 205 W. Main Street, give Stan Clauson Associates,
Inc. and its staff permission to represent us in discussions with the City of Aspen regarding
applications for this property. If you should have any questions regarding this matter,
please contact me.
Their contact information is as follows:
Stan Clauson, AICP, ASLA
Stan Clauson Associates, Inc
412 N. Mill Street
Aspen, CO 81611
Tel (970)925-2323
Fax (970)920-1628
stan@scaplanning.com
Very Truly Yours,
___________________________
Michael Brown, Manager
Conservation Housing Partners LLC
Exhibit D | Application
149
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying WKDWthe scope of work included in the land use application
complies with all applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
I certify as follows: (pick one)
Ƒ This property is not subject to a homeowner association or other form of private covenant.
Ƒ This property is subject to a homeownerassociation or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
Ƒ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: 'ate:
Owner printed name:
or,
Attorney signature: 'ate:
Attorney printed name:
205 W. Main Street
Aspen, CO 81611
19 May 2022
Michael Brown, Manager
Conservation Housing Partners, LLC
michael@haymax.com 970 544-4196
Exhibit D | Application
150
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Form 5030000 (1-31-17)Page 1 of 16 ALTA Commitment for Title Insurance (8-1-16)
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Commitment
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment
Conditions,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the
Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment
Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A
both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
First American Title Insurance Company
If this jacket was created electronically, it constitutes an original document.
Exhibit D | Application
151
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Form 5030000 (1-31-17)Page 2 of 16 ALTA Commitment for Title Insurance (8-1-16)
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public
Records.
(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The
term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does
not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means
authorized by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to
be issued by the Company pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each
Policy to be issued pursuant to this Commitment.
(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge.
(h) "Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment
to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements;
(f) Schedule B, Part II—Exceptions; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect,
lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any
liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other
amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense
incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first delivered to
the Proposed Insured.
Exhibit D | Application
152
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Form 5030000 (1-31-17)Page 3 of 16 ALTA Commitment for Title Insurance (8-1-16)
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith
and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the
Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the
parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject
matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation
to provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized
by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only
liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is
delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or
less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the
parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
Exhibit D | Application
153
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5033708-A (4-9-18)Page 4 of 16 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule A
Transaction Identification Data for reference only:
Issuing Agent:Winter Van Alstine Issuing Office:Attorneys Title Insurance Agency
of Aspen, LLC
Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.:
Commitment No.:21004842 Issuing Office File No.:21004842
Property Address:205 West Main Street, Aspen, CO 81611
SCHEDULE A
1. Commitment Date: October 8, 2021 at 07:45 AM
2. Policy or Policies to be issued: Amount Premium
A. ALTA Owners Policy (06/17/06)$5,500,000.00 $9,545.00
Proposed Insured:Conservation Housing Partners LLC, a Colorado limited liability company
Certificate of Taxes Due $25.00
Endorsements:
CO-110.1 (Delete 1, 2, 3, 4)$75.00
Additional Charges:$0
Total $9,645.00
3. The estate or interest in the land described or referred to in this Commitment is Fee simple.
4. The Title is, at the Commitment Date, vested in:
Karen C. Stevenson and Heather M. Chisholm
5. The land referred to in the Commitment is described as follows:
SEE EXHIBIT A ATTACHED HERETO
For informational purposes only, the property address is: 205 West Main Street, Aspen, CO 81611.
Exhibit D | Application
154
SCHEDULE A
(Continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5033708-A (4-9-18)Page 5 of 16 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule A
Attorneys Title Insurance Agency of Aspen, LLC
By:
Winter Van Alstine
Authorized Officer or Agent
FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys
Title Insurance Agency of Aspen, LLC, 715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax:
970 925-7348.
Exhibit D | Application
155
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5030008-BI&BII (5-18-17)Page 6 of 16 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII
Commitment No: 21004842
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
5. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the
County Treasurer or the County Treasurer's Authorized Agent.
6. Evidence that all assessments for common expenses, if any, have been paid.
7. Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company
8. Special Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or
referred to herein, from Karen C. Stevenson and Heather M. Chisholm to Conservation Housing Partners LLC, a
Colorado limited liability company, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section
38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property
address) be included on the face of the Deed to be recorded.
9. Release of the Deed of Trust from Edith S. Chisholm, Karen H. Chisholm, and Heather M. Chisholm, to the Public
Trustee of Pitkin County for the benefit of Norwest Mortgage Inc., to secure an indebtedness in the principal sum
of $144,000, and any other amounts and/obligations secured thereby, dated January 6, 1999 and recorded
January 19, 1999 as Reception No. 426731.
10. Record a Statement of Authority to provide prima facie evidence of existence of Conservation Housing Partners
LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person
authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172.
Exhibit D | Application
156
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Form 50-CO-Disclosure (4-1-16)Page 7 of 16 Disclosure Statement (5-1-15)
Colorado
11. Certificate of Good Standing from the Colorado Secretary of State for Conservation Housing Partners LLC, a
Colorado limited liability company.
12. A copy of the properly signed and executed Operating Agreement if written, for Conservation Housing Partners
LLC, a Colorado limited liability company, to be submitted to the Company for review.
13. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be
taken to adverse matters disclosed thereby.
14. Receipt by the Company of the appropriate Lease Affidavit indemnifying the Company against any existing leases
or tenancies, and any and all parties claiming by, through or under said lessees.
15. This Title Commitment is subject to underwriter approval.
Exhibit D | Application
157
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5030008-BI&BII (5-18-17)Page 8 of 16 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Commitment No.: 21004842
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC
COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained
by an inspection of the Land or by making inquiry of persons in possession thereof.
2. Easements, or claims of easements, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land
survey and inspection of the Land would disclose, and which are not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not
shown in the Public Records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and
settlement service for the transaction identified in the commitment
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: This exception will not appear on the final title policy upon payments of taxes and premiums.
7. Intentionally deleted.
8. Any water rights, claims of title to water, in, on or under the Land.
9. Taxes and assessments for the year 2021, and subsequent years, a lien not yet due or payable.
Exhibit D | Application
158
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Form 50-CO-Disclosure (4-1-16)Page 9 of 16 Disclosure Statement (5-1-15)
Colorado
10. "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" as described in the Deed dated January 3, 1888, and recorded January 8,
1888 in Book 59 at Page 243 as Reception No. 021983.
11. Reservations and exceptions specified under the Act authorizing the issuance of the Patent for the City and
Townsite of Aspen, recorded March 1, 1897, in Book 139 at Page 216 as Reception No. 060156.
12. Any and all notes, easements and recitals as disclosed on the Official Map of the City of Aspen recorded
December 16, 1959, as Reception No. 109023.
13. Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 6 (series of 1959, An
Ordinance Accepting a Map Entitled "Official Map of the City of Aspen, Pitkin County, State of Colorado," as the
Official Map of the City of Aspen: Providing for Dedication of all Streets and Alleys, Except Such Streets and
Alleys Heretofore Vacated; And Providing for the Filing of Said Map, Field Notes, and Supplemental Plats with the
Clerk and Recorder for Pitkin County, dated November 2, 1959, and recorded December 18, 1959, in Book 189 at
Page 354 as Reception No. 109043; and any and all notes, easements and recitals as disclosed on the Willets
Map recorded November 12, 1969 in Plat Book 4 at Page 27 as Reception No. 137902.
14. Terms, conditions, provisions, agreements and obligations specified under the Accessory Dwelling Unit Deed
Restriction dated November 2, 1994, recorded December 6, 1994, in Book 768 at Page 781, as Reception No.
376974.
15. Intentionally deleted.
16. Terms, conditions, provisions, agreements and obligations specified under the Revocable Encroachment Licenses
recorded July 7, 2003, as Reception Nos.484973,484974, and 484975.
17. Terms, conditions, provisions, agreements and obligations specified under the License Agreement dated January,
2018, recorded January 18, 2018, as Reception No. 644528.
18. Any loss or damage due to the following matters as disclosed on the Improvement Survey Plat, provided by Aspen
Survey, dated July 28, 2021, as File No. 2107124:
1. Encroachment of the Concrete Drive onto the Land from the adjacent property to the West.
2. Any right, title, interest or claims of interest based upon the fence lines not corresponding to the property lines.
3. Boardwalk encroachment into Block 52 alley.
19. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
NOTE: Upon receipt of a Lease Affidavit from Seller, this exception will not appear on the final title policy.
Exhibit D | Application
159
Form 5000000-EX (7-1-14)Page 10 of 16 Exhibit A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Exhibit A
File No.: 21004842
The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows:
Lots H and I and the East fifteen (15') feet of Lot G, Block 52, CITY AND TOWNSITE OF ASPEN, Pitkin County, Colorado.
Exhibit D | Application
160
Form 50-CO-Disclosure (4-1-16)Page 11 of 16 Disclosure Statement (5-1-15)
Colorado
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain
a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will
refuse to record or file any document that does not conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to
the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title
commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its
agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance
and is responsible for the recording and filing of legal documents resulting from the transaction which was closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated
by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County
Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in
writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be
obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the
boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the
County Assessor.
NOTE: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or
exceptions, in Schedule B, Section 2.
A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner’s
permission.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for the
Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the
Owner’s Policy to be issued) upon compliance with the following conditions:
A. The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the
land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and
material-men’s liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements
satisfactory to the company, and, any additional requirements as may be necessary after an examination of the
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Exhibit D | Application
161
Form 50-CO-Disclosure (4-1-16)Page 12 of 16 Disclosure Statement (5-1-15)
Colorado
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate
transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate
withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties
may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an
insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or
claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement
or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the
department of regulatory agencies.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA
Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the
above conditions are fully satisfied.
Exhibit D | Application
162
TELEPHONE 970 925-7328 FACSIMILE 970 925-7348
ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC
715 West Main Street, Suite 202
Aspen, CO 81611
Attorneys Title Insurance Agency of Aspen, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates,
from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you
with a notice of its privacy policies and practices, such as the type of information that it collects about you and the
categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with
this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen,
LLC.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on application or other forms.
Information about your transactions we secure from out files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customer to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Exhibit D | Application
163
Exhibit D | Application
164
Exhibit D | Application
165
Exhibit D | Application
166
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. The
information maintained by the County may not be complete as to
mineral estate ownership and that information should be
determined by separate legal and property analysis.
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: 273512454003 on 01/21/2022
Instructions:
Disclaimer:
http://www.pitkinmapsandmore.com
Exhibit D | Application
167
JACOBY FAMILY LP
VERO BEACH, FL 32960
700 20TH ST
GLICKMAN ADAM
SAN JUAN PUERTO RICO 00907-3122,
644 FERNANDEZ JUNCOS AVE #301
DISTRICT VIEW PLAZA MIRAMAR
HITE ANGELA R FAMILY TRUST
WOODY CREEK, CO 81656
PO BOX 155
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
PESIKOFF DAVID
HOUSTON, TX 77098
1811 NORTH BLVD
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
220 WEST MAIN PARTNERS LLC
ASPEN, CO 81611
220 WEST MAIN ST STE 105
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
SUREFOOT LC
PARK CITY, UT 84060
1500 KEARNS BLVD #110
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
SPERAW ENDEAVORS LLC
SNOWMASS VILLAGE, CO 81615
PO BOX 6575
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
WEST HOPKINS LLC
LOS ANGELES, CA 90071
400 S HOPE ST, STE 1000
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
MELTON DAVID
ASPEN, CO 81611
135 W MAIN ST #A
211 WEST MAIN LLC
ASPEN, CO 81611
323 W MAIN ST
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
BROWDE KRISTEN PRATA
CHAPPAQUA, NY 10514
604 QUAKER RD
Exhibit D | Application
168
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
TYROL APARTMENTS LLC
ASPEN, CO 81611
200 W MAIN ST
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
ASPEN MOUNTAIN LODGE UNIT 301 LLC
CONSHOHOCKEN, PA 19428
PO BOX 401
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
220 WMAC LLC
ASPEN, CO 81612
PO BOX 8346
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
KETTELKAMP W C JR
PUEBLO, CO 81003
2126 N ELIZABETH ST
RESIDENCES AT THE LITTLE NELL CONDO ASSOC INC
ASPEN, CO 81611
501 E DEAN ST
VTF 220 LLC
DENVER, CO 80209
1101 E BAYAUD E-2907
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
VALLEY EXCHANGE PROPERTIES LLC
ASPEN, CO 81611
122 W MAIN ST
CORBETT RICHARD J & JILLIAN F
ASPEN, CO 81612
PO BOX 7955
GUNNING JANINE L
ASPEN, CO 81612
PO BOX 11705
AML 103 LLC
ASPEN, CO 81611
605 W MAIN ST #2
235 W HOPKINS B LLC
BOCA RATON, FL 33432
250 S OCEAN BLVD # 14A
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
LITTLE HOPKINS HOTEL LLC
ASPEN, CO 81611
605 W MAIN ST #2
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
SPERAW ENDEAVORS LLC
SNOWMASS VILLAGE, CO 81615
PO BOX 6575
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GROVER FREDRICK W & PAULA J
ST PETERSBURG, FL 337043717
725 BRIGHTWATERG BLVD NE
Exhibit D | Application
169
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
ASPEN MEDICAL CENTER CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
W MAIN ST
LOT D LLC
ASPEN, CO 81611
501 RIO GRANDE PL #204
VTF 220 LLC
DENVER, CO 80209
1101 E BAYAUD E-2907
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
BETA PROPERTIES LLC
FORT COLLINS, CO 80525
1609 E HARMONY RD
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
HOTEL ASPEN CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
110 W MAIN ST
220 WEST MAIN PARTNERS LLC
ASPEN, CO 81611
220 WEST MAIN ST STE 105
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
BLUEGREEN VACATIONS UNLIMITED INC
BOCA RATON, FL 33431
4960 CONFERENCE WY N #100
220 WEST MAIN PARTNERS LLC
ASPEN, CO 81611
220 WEST MAIN ST STE 105
ASPEN HOMEOWNERS ASSOCIATION
ASPEN, CO 81611
311 W MAIN ST
SPERAW ENDEAVORS LLC
SNOWMASS VILLAGE, CO 81615
PO BOX 6575
DHM FAMILY TRST
ATLANTA, GA 30309
2288 PEACHTREE RD, NW #12
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
TARADA LLC
RESTON, VA 201911530
1902 CAMPUS COMMONS DR #415
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
ASPEN SKIING COMPANY LLC
ASPEN, CO 81612
PO BOX 1248
TWIN COASTS LTD
BOCA RATON, FL 33432
433 PLAZA REAL #275
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
ASPEN MAIN OFFICE CONDO ASSOC
ASPEN, CO 81611
220 W MAIN ST
ASPEN CONDOS ASSOC
ASPEN, CO 81611
COMMON AREA
311 W MAIN ST
Exhibit D | Application
170
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
VTF 220 LLC
DENVER, CO 80209
1101 E BAYAUD E-2907
SHADOW MOUNTAIN DUPLEX CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
W HOPKINS AVE
JOBLON MATTHEW
ENGLEWOOD, CO 80013
43 COVINGTON CT
BLUEGREEN VACATIONS UNLIMITED INC
BOCA RATON, FL 33431
4960 CONFERENCE WY N #100
CHOOKASZIAN DENNIS
WILMETTE, IL 60091
1100 MICHIGAN AVE
UTE HOUSING LLC
ASPEN, CO 81611
210 S GALENA ST
BETA PROPERTIES LLC
FORT COLLINS, CO 80525
1609 E HARMONY RD
BLUEGREEN VACATIONS UNLIMITED INC
BOCA RATON, FL 33431
4960 CONFERENCE WY N #100
BLUEGREEN VACATIONS UNLIMITED INC
BOCA RATON, FL 33431
4960 CONFERENCE WY N #100
SAND KATHERINE M
ASPEN, CO 81612
PO BOX 51
212 WEST HOPKINS LLC
ASPEN, CO 81611
212 W HOPKINS AVE
JLR QPRT TRUST
CORAL GABLES, FL 33156
355 MARQUESA DR
220 WEST MAIN PARTNERS LLC
ASPEN, CO 81611
220 WEST MAIN ST STE 105
TEMPKINS HARRY & VIVIAN
MIAMI BEACH, FL 33139
605 LINCOLN RD #301
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
135 HOPKINS LTD
AUSTIN, TX 78738
12400 HWY 71 W #350-371
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
SEVEN SEAS INVESTMENT LLC
WILMETTE, IL 60091
1120 MICHIGAN AVE
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
Exhibit D | Application
171
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
BLUEGREEN VACATIONS UNLIMITED INC
BOCA RATON, FL 33431
4960 CONFERENCE WY N #100
220 WEST MAIN PARTNERS LLC
ASPEN, CO 81611
220 WEST MAIN ST STE 105
PAN ABODE CONDO ASSOC
ASPEN, CO 81611
211 W HOPKINS AVE
ASPEN SCHOOL DISTRICT #1
ASPEN, CO 81611
0235 HIGH SCHOOL RD
121 W BLEEKER LLC
ASPEN, CO 81611
121 W BLEEKER ST
GILDENHORN MICHAEL S
BETHESDA, MD 20816
5008 BALTON RD
HITE HENRY HARRIS REVOC TRUST
WOODY CREEK, CO 81656
PO BOX 155
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
220 WMAC LLC
ASPEN, CO 81612
PO BOX 8346
MAYER KEVIN
ASPEN, CO 81611
222 W HOPKINS AVE #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
BERGHOFF MICHAEL R TRUST
INDIANAPOLIS, IN 46236
9112 WALNUT GROVE DR
AML 309 LLC
ASPEN, CO 81611
605 W MAIN ST #2
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
HOLTZMAN L BART & PATRICIA G
SAINT LOUIS, MO 63124
9741 LITZSINGER RD
HAYMAX LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
ASPEN SCHOOL DISTRICT #1
ASPEN, CO 81611
0235 HIGH SCHOOL RD
Exhibit D | Application
172
SPERAW ENDEAVORS LLC
SNOWMASS VILLAGE, CO 81615
PO BOX 6575
233 W BLEEKER LOTS ABC LLC
ASPEN, CO 81611
501 RIO GRANDE PL #204
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
RILEY AMY CLARK
ASPEN, CO 81611
129 W BLEEKER ST
TWIN COASTS LTD
BOCA RATON, FL 33432
433 PLAZA REAL #275
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
DIMITRIUS RALLI TRUST
PASADENA, CA 91101
530 S LAKE AVE #433
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
NORTHSTAR OFFICE BUILDING CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
122 W MAIN ST
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
ASPEN, CO 81611
210 E HYMAN AVE #202
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
JOBLON MATTHEW
ENGLEWOOD, CO 80013
43 COVINGTON CT
TIMBERLINE BANK
GRAND JUNCTION, CO 815054300
649 MARKET ST
MARTIN SCOTT M
ASPEN, CO 81611
PO BOX 51
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
BLUEGREEN VACATIONS UNLIMITED INC
BOCA RATON, FL 33431
4960 CONFERENCE WY N #100
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
SPERAW ENDEAVORS LLC
SNOWMASS VILLAGE, CO 81615
PO BOX 6575
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
HAERTER JONATHAN J & BETHANY S
SNOWMASS VILLAGE, CO 81615
PO BOX 6447
BERGHOFF KRISTIN TRUST
INDIANAPOLIS, IN 46236
9112 WALNUT GROVE DR
FCB LLC
SNOWMASS, CO 816549102
525 SHIELD O RD
Exhibit D | Application
173
AJAX VIEW COMMERCIAL/NORTH STAR OFFICE
ASPEN, CO 81611
132 W MAIN ST
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
MORGAN DONALD
ATLANTA, GA 30309
2288 PEACHTREE RD, NW #12
BLUEGREEN VACATIONS UNLIMITED INC
BOCA RATON, FL 33431
4960 CONFERENCE WY N #100
SPERAW ENDEAVORS LLC
SNOWMASS VILLAGE, CO 81615
PO BOX 6575
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
TIMBERLINE BANK
GRAND JUNCTION, CO 815054300
649 MARKET ST
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
SHIELD JULIET E
ASPEN, CO 81611
221 N STARWOOD DR
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
TYROLEAN LODGE LLC
ASPEN, CO 81611
200 W MAIN ST
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
GUNN ROBERT W FAMILY TRST
MARBLEHEAD, MA 01945
409 OCEAN AVE
GUNNING RALPH
ASPEN, CO 81612
PO BOX 11912
MARTIN SCOTT M
ASPEN, CO 81611
PO BOX 51
BLEEKER LLC
CARBONDALE, CO 81623
111 PINNACLE CT
KING LOUISE CONDO ASSOC
ASPEN, CO 81611
600 E HOPKINS AVE #203
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
WEST SIDE CONDO ASSOC
ASPEN, CO 81611
234 W HOPKINS AVE
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
JACOBY FAMILY LP
VERO BEACH, FL 32960
700 20TH ST
Exhibit D | Application
174
NORTH STAR LODGE LLC
GRAND JUNCTION, CO 81505
633 24 RD
DEAN FAMILY LTD PTSHP LLP
BOULDER, CO 80301
590 DELLWOOD AVE
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
JES 2002 GRANTOR TRUST
ASPEN, CO 81611
221 N STARWOOD DR
GARET CONDO ASSOC
ASPEN, CO 81611
400 E MAIN ST #2
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
SAND KATHERINE M
ASPEN, CO 81612
PO BOX 51
WINER CAROL G
BETHESDA , MD 20817
6740 SELKIRK DR
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
Exhibit D | Application
175
2,400
400.0
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet0400.0200.00
Notes
Pitkin Maps & More
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 2:47 PM 01/21/22 at http://www.pitkinmapsandmore.com
State Highway
Road Centerline 4K
Primary Road
Secondary Road
Service Road
Rivers and Creeks
Continuous
Intermittent
River, Lake or Pond
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
Exhibit D | Application
176
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Natalie Feinberg Lopez, Historic Preservation Officer, natalie.feinberglopez@aspen.gov
DATE: February 3, 2022
PROJECT LOCATION: 205 W. Main Street
REQUEST: Major Development, Relocation, Historic Preservation Benefits, Growth Management,
Affordable Housing Credits
REPRESENTATIVE: Stan Clauson, Stan Clauson and Associates, stan@scaplanning.com
DESCRIPTION: 205 W. Main is a landmark designated, Mixed Use zoned, 7,500 square foot
property which contains a Victorian era single family home that was constructed in 1890 and moved
to the current location in 1949. A potential purchaser in interested in creating multi-family housing
and affordable housing credits.
Based on the discussions held at a site visit and a Pre-Application Conference, staff understands
that the scope of work is likely to include a proposal to demolish a small non-historic addition at the
southwest corner of the miner’s cottage. Based on initial review of maps of the home in its original
location, it appears that a lean-to addition spanning the rear of the home is from the late 1800s/ early
1900s and would require preservation, but the more recently added element referenced above would
not.
The historic resource is to be re-positioned towards the northwest corner of the site and expanded
below grade. A new detached structure would form an L-shape along the east and south sides of
the historic resource. Setback variations may be requested to provide appropriate distancing
between the structures and to preserve trees and lilacs on the site to the extent possible and as
determined by the Parks Department.
In preparing the application, please refer to the Mixed Use zone district for guidance on dimensional
requirements. The Transportation and Parking Management section of the land use code
establishes that the parking requirement is 1 parking unit per dwelling unit, which may be provided
as a mix of on-site parking, TIA measures and cash-in-lieu. At least one on-site space will likely
need to be accessible and approximately twice the width of a standard parking space. In addition,
the alley frontage will need to include adequate trash and recycling storage and utilities.
Prior to the preparation of a recommendation to HPC, staff will refer the application to other City
Departments for comments and proposed conditions of approval. The applicant will be required to
prepare a Transportation Impact Analysis for Engineering Review.
HPC will apply the land use code, the Historic Preservation Design Guidelines and the Main Street
Historic District Guidelines to the project review. Please note that the historic structure is exempt
from Residential Design Standards review, but the new structure is not.
The first step will be Conceptual review (site plan, treatment of historic resource, height, scale,
massing and proportions of new development), Relocation, Variations and GMQS/Affordable
Housing Credits. Following Conceptual approval, staff will inform Council of HPC’s decision,
Exhibit D | Application
177
allowing them the opportunity to “call up” any aspects of the approval that they find require
additional discussion. This is standard practice for all significant reviews before HPC. The last
step is Final design review by HPC, primarily landscape plan, lighting, fenestration, and selection
of new materials.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.304.035 Neighborhood Outreach
26.415.070.D Major Development
26.415.090 Relocation
26.415.110.C Historic Preservation Variations, Benefits
26.470.080 General Review Standards: Affordable Housing
26.470.100.C Planning and Zoning Commission Applications, Affordable Housing
26.515 Transportation and Parking Management
26.540.070 Review Criteria for Establishing an Affordable Housing Credit
26.575.020 Calculations and Measurements
26.600 Impact Fees
26.620 School Land Dedication
26.710.180 Mixed Use (MU) Zone District
12.10.050 Trash Storage Space Required for Multi-Family Developments
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application
Land Use Code
Historic Preservation Design Guidelines
Review by: Staff for completeness and recommendations
HPC for determinations, City Council for notice of the HPC Conceptual
decision. Council has the authority to remand the Conceptual decision
back to HPC for further consideration.
Public Hearing: Yes
Neighborhood Outreach: Yes
Referrals: Yes, the project will be referred to the Development Review
Committee.
Fees: Conceptual- $3,250 for 10 billable hours of planning staff time plus
referral fees in the amount of $325 deposit for 1 hour of Engineering
Review, a $975 flat fee for Parks, a $975 flat fee for APCHA for a total
of $5,525. (Additional/ lesser deposit hours will be billed/ refunded at
a rate of $325 per hour)
Final- $1,950 for 6 billable hours of planning staff time. (Additional/
lesser deposit hours will be billed/ refunded at a rate of $325 per hour)
Exhibit D | Application
178
APPLICATION CHECKLIST: Below is a list of submittal requirements. Please email the
application as one pdf to natalie.feinberglopez@aspen.gov for an initial determination of
completeness.
Completed Land Use Application and signed Fee Agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to
occur, consisting of a current (no older than 6 months) certificate from a title insurance
company, an ownership and encumbrance report, or attorney licensed to practice in the
State of Colorado, listing the names of all owners of the property, and all mortgages,
judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner’s right to apply for the Development Application.
Applicant’s name, address and telephone number in a letter signed by the applicant that
states the name, address and telephone number of the representative authorized to act
on behalf of the applicant.
HOA Compliance form
List of adjacent property owners for both properties within 300’ for public hearing.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
Site improvement survey including topography and vegetation showing the current status,
certified by a registered land surveyor, licensed in the state of Colorado.
A written description of the proposal and an explanation of how the proposed
development complies with the relevant review standards and design guidelines (please
note that landmarks are except from the Residential Design Standards.)
Scaled site plan and drawings of all proposed structures or additions.
A written report from a licensed engineer or architect regarding the soundness of the
miner’s cottage to be relocated.
Evidence of the financial ability to undertake the safe relocation, preservation and repair
of the miner’s cottage through the posting of bonds or other financial measures deemed
appropriate.
Supplemental materials to provide a visual description of the context surrounding the
designated historic property including photographs and other exhibits, as needed, to
accurately depict location and extent of proposed work.
The net livable square footage of each residential unit in the development.
Exhibit D | Application
179
If applicable, the conditions under which reductions from net minimum livable square
footage requirements are requested according to APCHA guidelines.
Proposed Category Designation of sale or rental restriction for each unit in the
development.
Proposed employees housed by the affordable housing unit in increments of no less than
one one-hundredth (0.01) according to Section 26.470.100.2- Employees Housed.
A mobility plan meeting the requirements of Chapter 26.515 of the Aspen Municipal
Code.
For Conceptual the following items will need to be submitted in addition to the items listed
above:
• Graphics identifying preliminary selection of primary exterior building materials.
• A preliminary stormwater design.
For Final the following items will need to be submitted in addition to the items listed above:
• Final selection of all exterior materials and samples or clearly illustrated photographs.
• A lighting plan and landscape plan, including any visible stormwater mitigation features.
Once the copy is deemed complete by staff, the application fee will be requested.
Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. The summary does not create a legal or vested right.
Exhibit D | Application
180
= input
= calculation
DATE:
PROJECT NAME:
PROJECT ADDRESS:
APPLICANT CONTACT
INFORMATION:
NAME, COMPANY,
ADDRESS, PHONE, EMAIL
Minor
Entering Exiting Total Entering Exiting Total
Commercial (sf)0.0 sf 0.00 0.00 0.00 0.00 0.00 0.00
Free-Market Housing (Units)-1 Units -0.19 -0.48 -0.67 -0.46 -0.36 -0.82
Affordable Housing (Units)9 Units 3.24 3.51 6.75 4.41 3.60 8.01
Lodging (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00
Essential Public Facility (sf)0.0 sf 0.00 0.00 0.00 0.00 0.00 0.00
3.05 3.03 6.08 3.95 3.24 7.19
Land Use Trip Rate %Entering %Exiting Trip Rate %Entering %Exiting
Commercial 2.27 0.69 0.31 4.14 0.4 0.6
Free-Market Housing 0.67 0.29 0.71 0.82 0.56 0.44
Affordable Housing 0.75 0.48 0.52 0.89 0.55 0.45
Lodging 0.25 0.57 0.43 0.31 0.52 0.48
Essential Public Facility 0.86 0.62 0.38 1.66 0.4 0.6
AM Peak Average PM Peak Average
Trips Generated
AM Peak-Hour PM Peak-Hour
TOTAL NEW TRIPS
ASSUMPTIONS
ASPEN TRIP GENERATION
Is this a major or minor project?
205 W Main Street, Aspen
205 W Main Affordable Housing
Net New
Units/Square Feet of
the Proposed ProjectProposed Land Use
*For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak-Hour and a 14% reduction for PM Peak-Hour is applied to
the trip generation.
Name
Company
Address
Phone
Email
Trip Generation
8/26/2022
Instructions:
IMPORTANT: Turn on Macros: In order for code to run correctly the security settings need to be altered. Click "File"
and then click "Excel Options." In the "Trust Center"category, click "Trust Center Settings", and then click the "Macro
Settings"category. Beneath "Macro Settings" select "Enable all Macros."
Sheet 1. Trip Generation: Enter the project's square footage and/or unit counts under Proposed Land Use. The
numbers should reflect the net change in land use between existing and proposed conditions. If a landuse is to be
reduced put a negative number of units or square feet.
Sheet 2. MMLOS: Answer Yes, No, or Not Applicable under each of the Pedestrian, Bike and Transit sections.Points
are only awarded for proposed (not existing) and confirmed aspects of the project.
Sheet 3. TDM: Choose the mitigation measures that are appropriate for your project.
Sheet 4. Summary and Narrative: Review the summary of the project's mitigated trips and provide a narrative which
explains the measures selected for the project. Click on "Generate Narrative" and individually explain each measure
that was chosen and how it enhances the site or mitigates vehicle traffic. Ensure each selected measure make sense
for the project site and are improvements to the current condition.
Minor Development -Inside the Roundabout Major Development -Outside the Roundabout
Helpful Hints:
1. Refer to the Transportation Impact Analysis Guidelines for information on the use of this tool.
2. Refer to TIA Frequently Asked Questions for a quick overview.
2. Hover over red corner tags for additional information on individual measures.
3. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will not
receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the
context of project location and future use.
4. A glossary sheet is provided as an additional tab. Typical terms are defined within this glossary.
Transportation Impact Analysis
TIA Frequently Asked Questions
Exhibit D | Application
181
= input
= calculation
28
Category Sub.Measure Number Question Answer Points
1
Does the project propose a detached sidewalk where an attached
sidewalk currently exists? Does the proposed sidewalk and buffer
meet standard minimum widths?
Yes 5
2 Is the proposed effective sidewalk width greater than the standard
minimum width?0
3 Does the project propose a landscape buffer greater than the
standard minimum width?0
5
4
Does the project propose a detached sidewalk on an adjacent block?
Does the proposed sidewalk and buffer meet standard minimum
widths?
No 0
5 Is the proposed effective sidewalk width on an adjacent block
greater than the standard minimum width?0
6 Is the proposed landscape buffer on an adjacent block greater than
the standard minimum width?0
0
7 Are slopes between back of curb and sidewalk equal to or less than
5%?Yes 0
8 Are curbs equal to (or less than) 6 inches?Yes 0
9
Is new large-scale landscaping proposed that improves the pedestrian
experience? Properties within the Core do not have ample area to
provide the level of landscaping required to receive credit in this
category.
NA 0
10 Does the project propose an improved crosswalk? This measure must
get City approval before receiving credit. No 0
0
11 Are existing driveways removed from the street?Yes 5
12 Is pedestrian and/or vehicle visibility unchanged by new structure or
column?Yes 0
13 Is the grade (where pedestrians cross) on cross-slope of driveway 2%
or less?Yes 0
14
Does the project propose enhanced pedestrian access points from
the ROW? This includes improvements to ADA ramps or creating new
access points which prevent pedestrians from crossing a street.
Yes 5
15 Does the project propose enhanced pedestrian or bicyclist interaction
with vehicles at driveway areas?No 0
10
16 Is the project's pedestrian directness factor less than 1.5?Yes 0
17
Does the project propose new improvements which reduce the
pedestrian directness factor to less than 1.2? A site which has an
existing pedestrian directness factor less than 1.2 cannot receive
credit in this category.
Yes 5
18 Is the project proposing an off site improvement that results in a
pedestrian directness factor below 1.2?* No 0
19 Are traffic calming features proposed that are part of an approved
plan (speed humps, rapid flash)?*No 0
5
20
Are additional minor improvements proposed which benefit the
pedestrian experience and have been agreed upon with City of Aspen
staff?
Yes 3
21
Are additional major improvements proposed which benefit the
pedestrian experience and have been agreed upon with City of Aspen
staff?
No 0
3
23PedestriansSubtotalAdditional Proposed ImprovementsTOTAL NUMBER OF TRIPS MITIGATED:Pedestrian RoutesTraffic Calming and Pedestrian NetworkDriveways, Parking, and Access ConsiderationsMMLOS Input Page
Subtotal
SubtotalSidewalk Condition on Adjacent BlocksSidewalk Condition on Project FrontageSubtotal
Instructions: Answer Yes, No, or Not Applicable to each measure under the Pedestrian, Bike and Transit sections.
Subtotal
Subtotal
Pedestrian Total*
Exhibit D | Application
182
Category Sub.Measure Number Question Answer Points
22 Is a new bicycle path being implemented with City approved design?No 0
23 Do new bike paths allow access without crossing a street or driveway?No 0
24 Is there proposed landscaping, striping, or signage improvements to
an existing bicycle path?No 0
25 Does the project propose additional minor bicycle improvements
which have been agreed upon with City of Aspen staff?No 0
26 Does the project propose additional major bicycle improvements
which have been agreed upon with City of Aspen staff?No 0
0
Bicycle Parking27 Is the project providing bicycle parking?Yes 5
5
5
Category Sub.Measure Number Question Answer Points
28 Is seating/bench proposed?NA 0
29 Is a trash receptacle proposed?No 0
30 Is transit system information (signage) proposed?No 0
31 Is shelter/shade proposed?No 0
32 Is enhanced pedestrian-scale lighting proposed?No 0
33 Is real-time transit information proposed?No 0
34 Is bicycle parking/storage proposed specifically for bus stop use?No 0
35 Are ADA improvements proposed?No 0
0
36 Is a bus pull-out proposed at an existing stop?No 0
37 Is relocation of a bus stop to improve transit accessibility or roadway
operations proposed?No 0
38 Is a new bus stop proposed (with minimum of two basic amenities)?No 0
0
0TransitBasic AmenitiesSubtotal
Subtotal
Enhanced AmenitiesSubtotal
Subtotal
Bicycles Total*
Transit Total*BicyclesModifications to Existing Bicycle PathsExhibit D | Application
183
Category Measure
Number Sub. Question Answer Strategy VMT
Reductions
Will an onsite ammenities strategy be implemented?
Which onsite ammenities will be implemented?
Will a shared shuttle service strategy be implemented?
What is the degree of implementation?
What is the company size?
What percentage of customers are eligible?
3 Nonmotorized Zones Will a nonmotorized zones strategy be implemented?0.00%
0.00%
Category Measure
Number Sub. Question Answer Strategy VMT
Reductions
Will a network expansion stragtegy be implemented?
What is the percentage increase of transit network coverage?
What is the existing transit mode share as a % of total daily trips?
Will a service frequency/speed strategy be implemented?
What is the percentage reduction in headways (increase in frequency)?
What is the existing transit mode share as a % of total daily trips?
What is the level of implementation?
Will a transit access improvement strategy be implemented?Yes
What is the extent of access improvements? Within Project Only
7 Intercept Lot Will an intercept lot strategy be implemented?0.00%
1.00%
Category Measure
Number Sub. Question Answer Strategy VMT
Reductions
Will there be participation in TOP?
What percentage of employees are eligible?
Is a transit fare subsidy strategy implemented?
What percentage of employees are eligible?
What is the amount of transit subsidy per passenger (daily equivalent)?
Is an employee parking cash-out strategy being implemented?
What percentage of employees are eligible?
Is a workplace parking pricing strategy implemented?
What is the daily parking charge?
What percentage of employees are subject to priced parking?
Is a compressed work weeks strategy implemented?
What percentage of employees are participating?
What is the workweek schedule?
Is an employer sponsered shuttle program implemented?
What is the employer size?
What percentage of employees are eligible?
Is a carpool matching strategy implemented?
What percentage of employees are eligble?
Is carshare participation being implemented?
How many employee memberships have been purchased?
What percentage of employees are eligble?
Is participation in the bikeshare program WE-cycle being implemented?
How many memberships have been purchased?
What percentage of employees/guests are eligble?
Is an end of trip facilities strategy being implemented?Yes
What is the degree of implementation? Low
What is the employer size? Small
Is a self-funded emergency ride home strategy being implemented?
What percentage of employees are eligible?
Is a carpool/vanpool priority parking strategy being implemented?
What is the employer size?
What number of parking spots are available for the program?
Is a private employer shuttle strategy being implemented?
What is the employer size?
What percentage of employees are eligible?
Is a trip reduction marketing/incentive program implemented?
What percentage of employees/guests are eligible?
0.22%
1.00%
1.22%
1. 22% work trips represents a mixed-used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail.
21
16
17
18
19
20
11
12
13
14
15
Participation in TOP
Transit Fare Subsidy
Employee Parking Cash-Out
Workplace Parking Pricing
Compressed Work Weeks
Employer Sponsored Vanpool
Carpool Matching
Carshare Program
Self-funded Emergency Ride Home
Carpool/Vanpool Priority Parking
Private Employer Shuttle
Trip Reduction Marketing/Incentive
Program
End of Trip Facilities
Cross Category Maximum Reduction, Neighborhood and Transit
Global Maximum VMT Reductions
TDM Input Page
0.00%
1.00%
0.00%Commute Trip Reduction Programs StrategiesOnsite Servicing
Shared Shuttle Service
Neighborhood/Site Enhancements Strategies0.00%
0.00%
Network Expansion
Service Frequency/Speed
Transit Access Improvement
Maximum Reduction Allowed in Category
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
Bikeshare Program
0.00%
0.00%
0.00%
0.00%
0.00%
1.00%
0.00%
Maximum Reduction Allowed in Category
Maximum Reduction Allowed in CategoryTransit System Improvements Strategies1
2
4
5
6
8
9
10
Instructions TDM: Choose the mitigation measures that are appropriate for your project. Proposed TDM or
MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit
for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of
project location and future use.
Exhibit D | Application
184
DATE:
PROJECT NAME:
PROJECT ADDRESS:
APPLICANT CONTACT
INFORMATION:
NAME, COMPANY,
ADDRESS, PHONE, EMAIL
Stan Clauson, FAICP, ASLA Stan
Clauson Associates, Inc. 200
W. Main St., Ste. 203, Aspen
970-274-3265
stan@scaplanning.com
Peak Hour Max Trips Generated MMLOS TDM Total Trips Mitigated
PM 7.2 28 0.09 28.09 0.00
Click on the "Generate Narrative" Button to the right.
Respond to each of the prompts in the space provided.
Each response should cover the following:
1. Explain the selected measure.
2. Call out where the measure is located.
3. Demonstrate how the selected measure is appropriate to enhance the project site
and reduce traffic impacts.
4. Explain the Enforcement and Financing Plan for the selected measure.
5. Explain the scheduling and implementation responsibility of the mitigation measure.
6. Attach any additional information and a site map to the narrative report.
Narrative:
8/26/2022
Conservation Housing Partners LLC (200 W Main Affordable Housing)
205 W Main Street, Aspen
Trip Generation
SUMMARY
Trip Mitigation NET TRIPS TO BE
MITIGATED
Project Description
In the space below provide a description of the proposed project.
This project involves the redevelopment of a property containing a historic single-family home with ADU into a nine (9) unit 100% deed-
restricted affordable housing development. Right-of-way improvements include removal of an informal gravel head-in parking area accessed off
of First Street and the installation of curb and gutter, landscaped parkway, and sidewalk adjacent to the property where none currently exists
along First Street. Bicycle parking will be provided as an amenity on site. The property meets the 1.2 directness criteria owing to its proximity to
the Commercial Core and transit options.
MMLOS
In the space provided call out the effective sidewalk width and the percentage of the site which meets or exceeds the minimum standard
width. Explain the site constraints for areas which do not meet the minimum width.
Curb and gutter, landscaped parkway, and sidewalk will be installed along First Street adjacent to the property where none currently exists.
These elements will meet all current City Engineering standards.
Explain what driveways are removed and how this benefits the pedestrian experience.
Head in parking will be removed along Frist Street increasing safety for cyclists and allowing the installation of sidewalks for pedestrian safety.
Describe the enhanced pedestrian access point(s). This measure is to improve pedestrian access to the site from the ROW. It includes adding
additional access points which prevent pedestrians and bicyclists from crossing a street, improvements to the project's ADA ramps in the
ROW, and improvements to existing access points.
Exhibit D | Application
185
New sidewalk along First Street will enhance pedestrian access.
Explain any additional minor improvements which benefit the pedestrian experience and have been agreed upon with City of Aspen staff.
Not applicable.
Include any additional information that pertains to the MMLOS plan in the space provided below.
Not applicable.
TDM
Include any additional information that pertains to the TDM plan in the space provided below.
Specific TDM measures will include transit access improvements owing to the newly installed sidewalks (#6), as well as bicycle parking and
outdoor storage for bicycles (#17).
MMLOS Site Plan Requirements
Include the following on a site plan. Clearly call out and label each measure. Attach the site plan to the TIA submittal.
Sidewalk Width and Buffer Width
Slopes Between Back of Curb and Sidewalk
Removed Driveway(s)
2% Slope at Pedestrian Driveway Crossings
Enhanced Pedestrian Access Point
Pedestrian Directness Factor (See callout number 9 on the MMLOS sheet for an example)
Additional Minor Pedestrian Improvement
Bicycle Parking
Enforcement and Financing
Provide an overview of the Enforcement and Financing plan for the proposed transportation mitigation measures.
ROW improvements will be required prior to issuance of a Certificate of Occupancy.
Scheduling and Implementation Responsibility of Mitigation Measures
Provide an overview of the scheduling and implementation responsibility for the proposed transportation mitigation measures.
Not applicable.
Monitoring and Reporting
Provide a monitoring and reporting plan. Refer to page 17 in the Transportation Analysis Guidelines for a list of monitoring plan
requirements. Components of a Monitoring and Reporting Plan should include (1) Assessment of compliance with guidelines, (2) Results and
effectiveness of implemented measures, (3) Identification of additional strategies, and (4) Surveys and other supporting data.
Exhibit D | Application
186
CONCRETE WALK78947894
7
8
9
47894
78957895
789478
9
4 7894789478947895789794.69' DECK94.10' FG94.90' TS94.40' BS94.92' TS94.42' BS94.92' DECK94.00 ME93.79' FG95.00' FFE94.20' FG94.75 DECK94.50' FG94.50' FG93.73' FG94.69' DECK94.00 ME94.74' FG94.89' DECK94.95' TS94.45' BS94.84' DECK94.34' FG94.89' DECK94.50' FG94.50' FG94.50' FG94.64' FG95.00' FG94.43' FG95.00' FG95.00' FG95.00' FG94.83' FG94.49 FG94.76' FG94.97' FG95.00' FG94.96' FG94.91' FG94.82' FG94.52' FG94.53' FG94.57' FG94.82' FG94.95' FG94.93' FG94.45' FGFFE=95.00'FFE=95.00'FFE=95.00'94.03' FG94.01' FG94.83' FG95.00' FFE2.9%
3.7%
1.0%0.7%1.0%
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1.8%0.7%1.0%94.78' FG1.0%94.70' FG1.0%
2.0%
3.0%
2.0%1.0%1%1.0%94.91' FG1.8%94.42' FG94.55' FG94.68' FG94.38' FG1.2%1.6%
2.1%
0.5%1.0%1.3%94.98' DECK1.0%94.78' FG94.69' FG94.73' FG94.88' FG94.81' FG94.30' ME94.78' ME94.77' ME93.96' ME93.96' ME93.98' ME93.98' ME1.0%94.96' ME94.84' FG94.75' FG94.62' FG94.49' FG1.0%94.87' FG94.79' FG94.50' FG5.0%5
.
5%3.8%5
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9%7.6%94.46' FG7894789478947894
7894 94.44' FG93.81' FG93.33' FGDRY WELLRIM=93.004%3.1%8.0%5.0%5.0%DRY WELLRIM=93.506" RISER6" RISER94.93' TS94.43' BS3.0%DRY WELLRIM=93.3515%94.50' FG2.0
%93.95' FG2.0
%93.67' FGDRY WELLRIM=93.750.6%4.3%SCALE: 1" =010'20'30'10'N
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C3.0GRADING PLANSITE ADDRESS:
PREPARED FOR: DWN:CHKD:JOB NO.NO.REVISIONNO. BY DATENAMEORG. SUBM. DATECIVIL ENGINEERING PLANSWTSVLL10/24/2022CH22219205 WEST MAIN
ASPEN, CO 81611
DJARCHITECTS
119 S. SPRING ST, SUITE 203
ASPEN, CO 81611
COA AFFORDABLE HOUSING CITY OF ASPEN AFFORDABLE HOUSING205 WEST MAINLOTS H & I & THE E. 15’ OF LOT G, BLOCK 52, CITY ANDTOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO187
CONCRETE WALK7.4'0.8'2.9'1.9'7.7'11.2'3.0'5.4'8.0'5.5'11.2'3.6'9.0'9.0'9.0'9.0'9.0'9.0'5.0'11.2'19.0'25.4'43.1'
39.1'25.2'PROP. DRY WELLPROP. DRY WELLPROP. DRY WELLPROP. DRY WELLEX. UN
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C4.0UTILITY PLANSITE ADDRESS:
PREPARED FOR: DWN:CHKD:JOB NO.NO.REVISIONNO. BY DATENAMEORG. SUBM. DATECIVIL ENGINEERING PLANSWTSVLL10/24/2022CH22219205 WEST MAIN
ASPEN, CO 81611
DJARCHITECTS
119 S. SPRING ST, SUITE 203
ASPEN, CO 81611
COA AFFORDABLE HOUSING CITY OF ASPEN AFFORDABLE HOUSING205 WEST MAINLOTS H & I & THE E. 15’ OF LOT G, BLOCK 52, CITY ANDTOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO188
From:David Scruggs
To:Amy Simon
Cc:Kevin Rayes; Kate Johnson; Bart Holtzman; Rich Corbett; Krista Eddy; Ward Hauenstein; Skippy Mesirow; Torre
Torre
Subject:Re: Development of Affordable Housing at 205 West Main—Hearing before the Historic Preservation Commission
10/26/2022
Date:Monday, October 24, 2022 7:34:11 AM
Attachments:image001.png
image001.png
image001.png
image001.png
Amy and Historic Preservation Commission Members
Thank you for providing the link to the HPC packet.
I and my neighbors support workforce affordable housing but we disagree with the staff’s
report concerning density, mass, height, compatibility with the neighborhood and the on site
Victorian, and failure to provide adequate parking.
As I and others are out of town I was perplexed and dismayed to find out this meeting and
every 4th Wednesday meeting of the HPC is not Webex. The 2nd Wednesday meeting is
Webex. This dichotomy is disturbing as matters scheduled for the 4th Wednesday do not get
the same public participation avenues as the 2nd Wednesday meetings. This is illogical.
You have also informed me that we CANNOT participate by telephone. This is an
astounding declaration and revelation. In 2022 the HPC and the City of Aspen cannot provide
technology for telephone participation?
Please reconsider either having the October 26,2022 HPC meeting held by Webex or
alternatively at least allow telephone participation. To fail to do so denies citizens participation
and the right to be heard concerning this development which will impact us.
Again, we support workforce affordable housing , but question density, mass, height,
compatibility with the neighborhood and the on site Victorian, and failure to provide adequate
parking.
Please advise as to the method of access (Webex or telephone) to this meeting as an alternative
to in person.
“Widespread public access to knowledge….is one of the pillars of our democracy, a guarantee
that we can maintain a well-informed citizenry ... “Scott Turow
Thank you
David Scruggs
212 West Hopkins
9014934820
Widespread public access to knowledge….is one of the pillars of our democracy, a guarantee
that we can maintain a well-informed citizenry ... Scott Turow
On Oct 21, 2022, at 5:00 PM, Amy Simon <amy.simon@aspen.gov> wrote:
Hi all- here is a link to the HPC packet.
https://d3n9y02raazwpg.cloudfront.net/cityofaspen/ac5f4e50-baa8-445c-abb3-
821eae53a698-d668032e-018e-40d4-8c31-74b5cb43dc4c-1666387669.pdf
Please let me know if you have questions. David, just so you know, the guidelines you
mention below that start with a “3” are for commercial, lodge or mixed use
development in the Main Street Historic District. This project is just subject to the
Historic Preservation Design Guidelines and the Residential Design Standards, discussed
in the packet. Similar concepts are expressed in all the guidelines though, so nothing is
overlooked.
<!--[if !vml]--><!--[endif]--><!--[if !vml]--><!--[endif]--><!--[if
!vml]--><!--[endif]--><!--[if !vml]--><!--[endif]-->Amy Simon
(she/her/hers)
Planning Director | Community Development
(O): 970.429.2758 | (C): 970.309.9353
www.cityofaspen.com
My typical in-office hours are Tuesday, Thursday, and Friday, 9:15-5:15. I work remotely Monday and
Wednesday, 9:15-5:15.
Our Values: Stewardship | Partnership | Service | Innovation
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may
contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not
the intended recipient, please reply to the sender that you have received the message in error and then
delete it. Further, the information or opinions contained in this email are advisory in nature only and are not
binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on
current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. The opinions and information contained herein do not create a legal or vested right or any
claim of detrimental reliance.
From: David Scruggs <dscruggs@evanspetree.com>
Sent: Friday, October 21, 2022 6:43 AM
To: Amy Simon <amy.simon@aspen.gov>
Cc: Kevin Rayes <kevin.rayes@aspen.gov>; Kate Johnson <kate.johnson@aspen.gov>;
Bart Holtzman <bart.holtzman@gmail.com>; Rich Corbett <corbett9@gmail.com>;
Krista Eddy <eddy@reesehenry.com>
Subject: Re: Development of Affordable Housing at 205 West Main—Hearing before
the Historic Preservation Commission 10/26/2022
Thanks Amy
I will be looking for the link to the HPC packet and thank you in advance for sending
same. I have copied some neighbors who are also concerned.
It will be interesting to see how Staff addresses the major issues of Size and Scale, Site
Plan, Density and Parking and Compatibility with the neighborhood, historic district
and the on site historic structure. We believe the new structure is NOT harmonious
with its surroundings and the conflicts with the Victorian in size and siting. Also the
cramped nature of the project ,with a dearth of open space for twenty one bedrooms
and 9 families makes it seem unlivable. We need to provide affordable workforce
housing which is also habitable ,provides quality of life for the occupants and
surrounding neighbors. This project needs a redo.
Thanks again
David Scruggs
212 West Hopkins
9014934820
On Oct 20, 2022, at 4:15 PM, Amy Simon <amy.simon@aspen.gov> wrote:
Hi David- I received your letter this morning and it will be included in the
HPC packet, which will be issued tomorrow. I’ll send you the link to the
packet when it is ready and you can read the full staff evaluation there.
I want to assure you that Community Development and other City
Departments have been looking at this project and preparing our analysis
since August and there has been no shortage of attention given to our
preparation for HPC.
Amy Simon
(she/her/hers)
Planning Director | Community Development
(O): 970.429.2758 | (C): 970.309.9353
www.cityofaspen.com
My typical in-office hours are Tuesday, Thursday, and Friday, 9:15-5:15. I work remotely
Monday and Wednesday, 9:15-5:15.
Our Values: Stewardship | Partnership | Service | Innovation
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may
contain information that is confidential and exempt from disclosure pursuant to applicable
law. If you are not the intended recipient, please reply to the sender that you have received
the message in error and then delete it. Further, the information or opinions contained in
this email are advisory in nature only and are not binding on the City of Aspen. If
applicable, the information and opinions contain in the email are based on current zoning,
which is subject to change in the future, and upon factual representations that may or may
not be accurate. The opinions and information contained herein do not create a legal or
vested right or any claim of detrimental reliance.
From: David Scruggs <dscruggs@evanspetree.com>
Sent: Thursday, October 20, 2022 2:50 PM
To: Amy Simon <amy.simon@aspen.gov>; Kevin Rayes
<kevin.rayes@aspen.gov>
Cc: Kate Johnson <kate.johnson@aspen.gov>
Subject: Re: Development of Affordable Housing at 205 West Main
Amy and Kevin
We believe the Size and Scale, the Site plan, Density and Parking should
be thoughtfully considered by Staff . I understand that HPC staff is greatly
diminished and you both are pulling “double Duty”. For that reason I
wrote a detailed examination of this proposal citing to HPC guidelines
11.3 & 11.4 and Main Street specific guidelines 3.4, 3.6, and 3.8. We
believe this application fails to comply with those provisions.
Please inform me of the position of staff and the staff recommendations
for this project.
I would appreciate being advised of Staff’s position as soon as
determined.
Thank you
David Scruggs
212 West Hopkins
9014934820
On Oct 20, 2022, at 11:43 AM, David Scruggs
<dscruggs@evanspetree.com> wrote:
October 20, 2022
Members of the Historic Preservation Commission
Thank you for taking the time to read my public comment. I
live in a landmark at 212 West Hopkins and share an
alley with this project. I have a lot of concerns about the size
of the proposal and impacts of the proposed density on the
neighborhood and on the future residents that will live at
205 W. Main. I do not oppose affordable housing and I
honestly think this is a good location for affordable housing
as long as the project is appropriately sized and in
compliance with your guidelines .
205 West Main Street was originally located on East Hallam
Street at the intersection of Monarch Street. This one and
half story modest residence was constructed between 1890
and 1898 based on the Sanborn Fire Insurance Maps (1904
map is below). The Denver Public Library western heritage
collection includes a photograph of the house in its original
location. (See attached)
I will keep my thoughts brief and to the point.
Size and Scale
As a corner lot in a historic district, this project is just too
large. I understand the desire to house as many people as
possible, but not at the expense of the historic district, the
one and a half story landmark, and the surrounding historic
buildings in the block. The landmark is swallowed up by the
surrounding new buildings. A three story building without
any upper floor setbacks is too tall compared to the
landmark. I do not see how your guidelines 11.3 and 11.4
and the Main Street specific guidelines 3.4, 3.6, and 3.8 are
met.
Putting the guidelines aside, the project asks for more floor
area than typically permitted based on specific review
criteria. The application states that additional floor area does
not “have any significant impact on the height, density,
setbacks, or other parameters.” Adding floor area to this
historic property absolutely facilitates taller buildings, bigger
buildings, more density and less open space – counter to the
character description of the Main Street Historic District and
to the modest one and half story historic building.
In light of this we request HPC REMOVE the THIRD FLOOR of
the new building to better relate to the neighborhood and
the small landmark on the property.
Site plan
The building may not be in its original location, but the
generous front yard along Main Street is characteristic of its
original location shown on the 1904 map. This is also listed
as important in your Main Street Historic District guidelines:
“the rhythm of mature cottonwood, ditches and sidewalk,
and generous yards with one- and two- story Victorian
buildings strongly convey Aspen’s mining heritage.” Moving
the house toward Main Street into a corner changes that
relationship. According to your historic guidelines 1.1 and
1.7, projects are supposed to respect the historic
development pattern of the block and district and to provide
open space between buildings. I do not see how there is
enough “positive open space” on the site. The number of
lightwells and limited space between buildings removes any
opportunity to enjoy the space between the buildings. The
three story building across the back of the property creates a
huge backdrop that cuts off any feeling of openness on the
property.
I ask HPC to consider the historic context of the building
when it was located on Hallam Street and in its current
location on Main Street, and to find an appropriate
compromise that PROVIDES MORE OPEN SPACE around the
landmark and some transparency through the property.
Density
9 units are proposed with 21 bedrooms. Many of the units
are more below grade than above grade, which makes some
sense in the landmark building but does not make sense in
completely new construction. All of the units, with the
exception of Unit 104, are smaller than the minimum
requirement. The need for variances from the City’s
standards demonstrates that there are just too many units
and bedrooms jammed onto this property. We ask that HPC
REDUCE the NUMBER of UNITS to SIX.
Parking
9 units and 21 bedrooms are proposed with 7 parking
spaces. I understand that the rules only require 7 parking
spaces, but this seems extremely inadequate. Two and three
bedroom units need at least one parking space per unit. The
neighborhood is already overparked being so close to
downtown and there is very limited street parking.
In the block bounded by West Main and West Hopkins
between 1st and 2nd Steets are 43 dwelling units with only
29 parking places provided on site, including this proposal at
205 West Main. That one block will have a deficit of 14
parking places on site. Combined with smaller subgrade
units and barely any storage, the lack of parking brings into
question the actual livability of this project for future
residents. We ask that the HPC provide on site at a minimum
ONE PARKING SPACE PER UNIT.
In summary we request the following:
Size and Scale- REMOVE the THIRD FLOOR
Site Plan- PROVIDE MORE OPEN SPACE
Density- REDUCE the NUMBER of UNITS to SIX.
Parking - PROVIDE ONE PARKING SPACE PER UNIT.
Thank you for reading my concerns. I support affordable
housing and agree that this is a good location for an
affordable housing project. My biggest concerns are the size
and scale of the new construction relative to the one and
half story landmark, and the general livability for the future
residents considering the units are smaller than required,
subgrade, with very limited storage, and inadequate parking
space.
Respectfully submitted
David Scruggs
212 West Hopkins Avenue
9014934820
David Scruggs
Attorney at Law
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com • evanspetree.com
NOTE: The information transmitted is intended only for the person or entity to which it is
addressed and may contain CONFIDENTIAL and/or PRIVILEGED material. Any review,
retransmission, dissemination or other use of, or taking of any action in reliance upon, this
information by persons or entities other than the intended recipient is strictly prohibited. If you
received this in error, please contact the sender and promptly delete the material from your
computer system. The attorney-client and work product privileges are not waived by the
transmission of this message.
IRS Circular 230 requires that we inform you that the advice contained herein is not intended to
be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed by the
Internal Revenue Service
David Scruggs
Attorney at Law
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com • evanspetree.com
NOTE: The information transmitted is intended only for the person or entity to which it is addressed and may
contain CONFIDENTIAL and/or PRIVILEGED material. Any review, retransmission, dissemination or other use of, or
taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
strictly prohibited. If you received this in error, please contact the sender and promptly delete the material from
your computer system. The attorney-client and work product privileges are not waived by the transmission of this
message.
IRS Circular 230 requires that we inform you that the advice contained herein is not intended to be used, and it
cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service
David Scruggs
Attorney at Law
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com • evanspetree.com
NOTE: The information transmitted is intended only for the person or entity to which it is addressed and may contain CONFIDENTIAL
and/or PRIVILEGED material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this
information by persons or entities other than the intended recipient is strictly prohibited. If you received this in error, please contact
the sender and promptly delete the material from your computer system. The attorney-client and work product privileges are not
waived by the transmission of this message.
IRS Circular 230 requires that we inform you that the advice contained herein is not intended to be used, and it cannot be used, for
the purpose of avoiding penalties that may be imposed by the Internal Revenue Service
From:David Scruggs
To:Amy Simon
Cc:Sara Ott; Kate Johnson; Torre Torre; John Doyle; Rachael Richards; Ward Hauenstein; Skippy Mesirow
Subject:Re: Development of Affordable Housing at 205 West Main—Hearing before the Historic Preservation Commission
10/26/2022
Date:Tuesday, October 25, 2022 1:12:25 PM
Attachments:image002.png
image001.png
image001.png
image001.png
image001.png
Members of the Historic Preservation Commission
In regard to my request concerning providing Webex or telephone citizen participation on the
4th Wednesday HPC monthly meetings, two council members have indicated their support.
Ward Hauenstein stated he supports “transparency and openness of the HPC meetings” and
opposes “limiting citizen participation”. “Our council has committed to transparency and openness
in all of our processes.”
Skippy Mesirow replied “ I hope they(HPC) will hear your request for transparency and
participation.” “That is a top goal for our council. “
I therefore repeat the request I made to you (HPC) in Public Comment at your Webex meeting (2nd
Wednesday) of October 12,2022.
1. Provide Webex access and participation for the 10/26/2022 meeting and all subsequent
meetings of the HPC.
2. Provide telephone participation for the 10/26/2022 meeting and all subsequent meetings
of the HPC.
3. Continue the 10/26/2022 205 West Main application to any subsequent 2nd Wednesday
meeting which allows participation by Webex.
Amy, please distribute this request to the HPC members as soon as possible for them to
consider and decide regarding my request.
Thank you
David Scruggs
212 West Hopkins
9014934820
On Oct 25, 2022, at 9:56 AM, Ward Hauenstein <ward.hauenstein@aspen.gov>
wrote:
Dear David,
I am upset that Amy Simon is blaming the city council for not providing IT funds to
support virtual meetings of the HPC. I do not recall ever being asked for more funding
for HPC meetings. Our council has committed to transparency and openness in all of
our processes. You all are aware of my objections to the HPC having final authority on
land use issues. I have been asking to change that for over five years and have not
received support from the rest of the council. Last night we approved funding for one
more FTE for communications. To blame the city council for the lack of transparency
and openness of the HPC meeting maddens me. I do not get upset often but I am now.
I cannot get directly involved in individual cases that may come before the city council.
David, you and I have discussed this and you are fully aware of the limitations. You as a
former elected official are fully aware of ex parte communications. I am deeply
offended that the HPC not only is limiting citizen participation but is additionally
avoiding responsibility by casting blame on the city council that is committed to
openness, transparency, and citizen participation.
I object! This, I view as governance in the shadows. I demand that virtual participation
in all HPC meetings be immediately available. I do not want the official policies of
advisory boards to be in direct violation of the city council's desires for openness and
transparency. To close citizen participation and blame the city council --- GRRR! I
should be emailing in all capital characters or pounding the table. But that is not my
style.
Sincerely,
Ward Hauenstein
All emails to this account are subject to release under the Colorado Open Records
Act.
MAKE IT A GREAT DAY
ward.hauenstein@aspen.gov
Mayor pro tem
970-948-3858
--
From: David Scruggs <dscruggs@evanspetree.com>
Date: Monday, October 24, 2022 at 4:58 PM
To: Skippy Mesirow <skippy.mesirow@aspen.gov>
Cc: Ward Hauenstein <ward.hauenstein@cityofaspen.com>, Torre Torre
<torre@cityofaspen.com>
Subject: Re: Development of Affordable Housing at 205 West Main—Hearing
before the Historic Preservation Commission 10/26/2022
Skippy
I am listening to today’s Council’s Work Session and you and many others are
participating by Webex. It is unbelievably that the HPC, which makes significant
decisions impacting citizens, their property and entire neighborhoods have limited their
4th Wednesday meeting to in person with NO WebEx or telephone.
Amy Simon says it is because City Council has not funded IT expense to have the 4th
Wednesday done by Webex for HPC. HPC does their 2nd Wednesday meeting by
Webex.
To have differing access for citizens for the two monthly meeting of HPC is ridiculous
and discriminatory.
Thank you
David Scruggs
212 West Hopkins
9014934820
Sent from my iPhone
On Oct 24, 2022, at 3:06 PM, David Scruggs
<dscruggs@evanspetree.com> wrote:
Skippy
Thanks for your reply and interest.
However, the city manager is not totally informed.
When I addressed the HPC on 10/12/2022 via Webex on the issue of
accessibility via Webex for the upcoming 10/26/2022 meeting, Amy
Simon answered for them and said the City Council had not funded IT
personnel to have Webex for both meetings each month.
Assuming that is accurate , I am asking the City Council to provide funding
for Webex for both HPC meetings each month.
“Widespread public access to
knowledge….is one of the pillars of our
democracy, a guarantee that we can maintain
a well-informed citizenry ... “Scott Turow
Thank you
David Scruggs
212 West Hopkins
9014934820
On Oct 24, 2022, at 2:47 PM, Skippy Mesirow
<skippy.mesirow@aspen.gov> wrote:
Thank you for keeping us in the loop David. I’ve had further
conversations about the policy with my city manager. I
understand authority lies with the chair, and I hope they will
hear your request for transparency and participation. That is
a top goal for our council.
Skippy Mesirow
Aspen City Council + SkyRun Vacation Rentals
I apologize for any typos... I honestly just can’t spell :- (
On Oct 24, 2022, at 7:34 AM, David Scruggs
<dscruggs@evanspetree.com> wrote:
Amy and Historic Preservation Commission
Members
Thank you for providing the link to the HPC
packet.
I and my neighbors support workforce
affordable housing but we disagree with the
staff’s report concerning density, mass, height,
compatibility with the neighborhood and the
on site Victorian, and failure to provide
adequate parking.
As I and others are out of town I was perplexed
and dismayed to find out this meeting and
every 4th Wednesday meeting of the HPC is
not Webex. The 2nd Wednesday meeting is
Webex. This dichotomy is disturbing as matters
scheduled for the 4th Wednesday do not get
the same public participation avenues as the
2nd Wednesday meetings. This is illogical.
You have also informed me that we CANNOT
participate by telephone. This is an
astounding declaration and revelation. In 2022
the HPC and the City of Aspen cannot provide
technology for telephone participation?
Please reconsider either having the October
26,2022 HPC meeting held by Webex or
alternatively at least allow telephone
participation. To fail to do so denies citizens
participation and the right to be heard
concerning this development which will impact
us.
Again, we support workforce affordable
housing , but question density, mass, height,
compatibility with the neighborhood and the
on site Victorian, and failure to provide
adequate parking.
Please advise as to the method of access
(Webex or telephone) to this meeting as an
alternative to in person.
“Widespread public access to
knowledge….is one of the pillars of our
democracy, a guarantee that we can maintain
a well-informed citizenry ... “Scott Turow
Thank you
David Scruggs
212 West Hopkins
9014934820
Widespread public access to knowledge….is
one of the pillars of our democracy, a
guarantee that we can maintain a well-
informed citizenry ... Scott Turow
On Oct 21, 2022, at 5:00 PM, Amy
Simon <amy.simon@aspen.gov>
wrote:
Hi all- here is a link to the HPC
packet.
https://d3n9y02raazwpg.cloudfront.net/cityofaspen/ac5f4e50-
baa8-445c-abb3-821eae53a698-
d668032e-018e-40d4-8c31-
74b5cb43dc4c-1666387669.pdf
Please let me know if you have
questions. David, just so you
know, the guidelines you mention
below that start with a “3” are for
commercial, lodge or mixed use
development in the Main Street
Historic District. This project is
just subject to the Historic
Preservation Design Guidelines
and the Residential Design
Standards, discussed in the
packet. Similar concepts are
expressed in all the guidelines
though, so nothing is overlooked.
Amy
Simon
(she/her/hers)
Planning
Director |
Community
Development
(O):
970.429.2758
| (C):
970.309.9353
www.cityofaspen.com
My typical in-office hours are Tuesday,
Thursday, and Friday, 9:15-5:15. I work
remotely Monday and Wednesday, 9:15-
5:15.
Our Values: Stewardship | Partnership
| Service | Innovation
Notice and Disclaimer:
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you are not the intended recipient, please
reply to the sender that you have received
the message in error and then delete it.
Further, the information or opinions
contained in this email are advisory in
nature only and are not binding on the City
of Aspen. If applicable, the information
and opinions contain in the email are
based on current zoning, which is subject
to change in the future, and upon factual
representations that may or may not be
accurate. The opinions and information
contained herein do not create a legal or
vested right or any claim of detrimental
reliance.
From: David Scruggs
<dscruggs@evanspetree.com>
Sent: Friday, October 21, 2022
6:43 AM
To: Amy Simon
<amy.simon@aspen.gov>
Cc: Kevin Rayes
<kevin.rayes@aspen.gov>; Kate
Johnson
<kate.johnson@aspen.gov>; Bart
Holtzman
<bart.holtzman@gmail.com>;
Rich Corbett
<corbett9@gmail.com>; Krista
Eddy <eddy@reesehenry.com>
Subject: Re: Development of
Affordable Housing at 205 West
Main—Hearing before the Historic
Preservation Commission
10/26/2022
Thanks Amy
I will be looking for the link to the
HPC packet and thank you in
advance for sending same. I have
copied some neighbors who are
also concerned.
It will be interesting to see how
Staff addresses the major issues
of Size and Scale, Site Plan,
Density and Parking and
Compatibility with the
neighborhood, historic district and
the on site historic structure. We
believe the new structure is NOT
harmonious with its surroundings
and the conflicts with the
Victorian in size and siting. Also
the cramped nature of the project
,with a dearth of open space for
twenty one bedrooms and 9
families makes it seem unlivable.
We need to provide affordable
workforce housing which is also
habitable ,provides quality of life
for the occupants and
surrounding neighbors. This
project needs a redo.
Thanks again
David Scruggs
212 West Hopkins
9014934820
On Oct 20, 2022, at
4:15 PM, Amy Simon
<amy.simon@aspen.gov>
wrote:
Hi David- I received
your letter this
morning and it will
be included in the
HPC packet, which
will be issued
tomorrow. I’ll send
you the link to the
packet when it is
ready and you can
read the full staff
evaluation there.
I want to assure you
that Community
Development and
other City
Departments have
been looking at this
project and
preparing our
analysis since August
and there has been
no shortage of
attention given to
our preparation for
HPC.
Amy
Simon
(she/her/hers)
Planning
Director
|
Community
Development
(O):
970.429.2758
|
(C):
970.309.9353
www.cityofaspen.com
My typical in-office hours
are Tuesday, Thursday,
and Friday, 9:15-5:15. I
work remotely Monday
and Wednesday, 9:15-5:15.
Our Values:
Stewardship |
Partnership | Service |
Innovation
Notice and Disclaimer:
This message is intended
only for the individual or
entity to which it
is addressed and may
contain information that is
confidential and exempt
from disclosure pursuant
to applicable law. If you
are not the intended
recipient, please reply to
the sender that you have
received the message in
error and then delete it.
Further, the information or
opinions contained in this
email are advisory in
nature only and are not
binding on the City of
Aspen. If applicable, the
information and opinions
contain in the email are
based on current zoning,
which is subject to
change in the future, and
upon factual
representations that may
or may not be accurate.
The opinions and
information contained
herein do not create a
legal or vested right or
any claim of detrimental
reliance.
From: David Scruggs
<dscruggs@evanspetree.com>
Sent: Thursday,
October 20, 2022
2:50 PM
To: Amy Simon
<amy.simon@aspen.gov>;
Kevin Rayes
<kevin.rayes@aspen.gov>
Cc: Kate Johnson
<kate.johnson@aspen.gov>
Subject: Re:
Development of
Affordable Housing
at 205 West Main
Amy and Kevin
We believe the Size
and Scale, the Site
plan, Density and
Parking should be
thoughtfully
considered by Staff .
I understand that
HPC staff is greatly
diminished and you
both are pulling
“double Duty”. For
that reason I wrote a
detailed examination
of this proposal
citing to HPC
guidelines 11.3 &
11.4 and Main Street
specific guidelines
3.4, 3.6, and 3.8. We
believe this
application fails to
comply with those
provisions.
Please inform me of
the position of staff
and the staff
recommendations
for this project.
I would appreciate
being advised of
Staff’s position as
soon as determined.
Thank you
David Scruggs
212 West Hopkins
9014934820
On Oct
20,
2022,
at
11:43
AM,
David
Scruggs
<dscruggs@evanspetree.com>
wrote:
October
20,
2022
Members
of the
Historic
Preservation
Commission
Thank
you for
taking
the
time to
read
my
public
comment.
I live in
a
landmark
at 212
West
Hopkins
and
share
an
alley with
this
project.
I have a
lot of
concerns
about
the size
of the
proposal
and
impacts
of the
proposed
density
on the
neighborhood
and on
the
future
residents
that
will live
at 205
W.
Main. I
do not
oppose
affordable
housing
and I
honestly
think
this is a
good
location
for
affordable
housing
as long
as the
project
is
appropriately
sized
and in
compliance
with
your
guidelines
.
205
West
Main
Street was
originally
located
on East
Hallam
Street
at the
intersection
of
Monarch
Street.
This
one
and
half
story
modest
residence
was
constructed
between
1890
and
1898
based
on the
Sanborn
Fire
Insurance
Maps
(1904
map is
below).
The
Denver
Public
Library
western
heritage
collection
includes
a
photograph
of the
house
in its
original
location.
(See
attached)
I will
keep
my
thoughts
brief
and to
the
point.
Size
and
Scale
As a
corner
lot in a
historic
district,
this
project
is just
too
large. I
understand
the
desire
to
house
as
many
people
as
possible,
but not
at the
expense
of the
historic
district,
the one
and a
half
story
landmark,
and the
surrounding
historic
buildings
in the
block.
The
landmark
is
swallowed
up by
the
surrounding
new
buildings.
A three
story
building
without
any
upper
floor
setbacks
is too
tall
compared
to the
landmark.
I do not
see
how
your
guidelines
11.3
and
11.4
and the
Main
Street
specific
guidelines
3.4,
3.6,
and 3.8
are
met.
Putting
the
guidelines
aside,
the
project
asks for
more
floor
area
than
typically
permitted
based
on
specific
review
criteria.
The
application
states
that
additional
floor
area
does
not
“have
any
significant
impact
on the
height,
density,
setbacks,
or
other
parameters.”
Adding
floor
area to
this
historic
property
absolutely
facilitates
taller
buildings,
bigger
buildings,
more
density
and
less
open
space –
counter
to the
character
description
of the
Main
Street
Historic
District
and to
the
modest
one
and
half
story
historic
building.
In light
of this
we
request
HPC
REMOVE
the
THIRD
FLOOR
of the
new
building
to
better
relate
to the
neighborhood
and the
small
landmark
on the
property.
Site
plan
The
building
may
not be
in its
original
location,
but the
generous
front
yard
along
Main
Street
is
characteristic
of its
original
location
shown
on the
1904
map.
This is
also
listed
as
important
in your
Main
Street
Historic
District
guidelines:
“the
rhythm
of
mature
cottonwood,
ditches
and
sidewalk,
and
generous
yards
with
one-
and
two-
story
Victorian
buildings
strongly
convey
Aspen’s
mining
heritage.”
Moving
the
house
toward
Main
Street
into a
corner
changes
that
relationship.
According
to your
historic
guidelines
1.1 and
1.7,
projects
are
supposed
to
respect
the
historic
development
pattern
of the
block
and
district
and to
provide
open
space
between
buildings.
I do not
see
how
there is
enough
“positive
open
space”
on the
site.
The
number
of
lightwells
and
limited
space
between
buildings
removes
any
opportunity
to
enjoy
the
space
between
the
buildings.
The
three
story
building
across
the
back of
the
property
creates
a huge
backdrop
that
cuts off
any
feeling
of
openness
on the
property.
I ask
HPC to
consider
the
historic
context
of the
building
when it
was
located
on
Hallam
Street
and in
its
current
location
on
Main
Street,
and to
find an
appropriate
compromise
that
PROVIDES
MORE
OPEN
SPACE
around
the
landmark
and
some
transparency
through
the
property.
Density
9 units
are
proposed
with 21
bedrooms.
Many
of the
units
are
more
below
grade
than
above
grade,
which
makes
some
sense
in the
landmark
building
but
does
not
make
sense
in
completely
new
construction.
All of
the
units,
with
the
exception
of Unit
104,
are
smaller
than
the
minimum
requirement.
The
need
for
variances
from
the
City’s
standards
demonstrates
that
there
are just
too
many
units
and
bedrooms
jammed
onto
this
property.
We ask
that
HPC
REDUCE
the
NUMBER
of
UNITS
to SIX.
Parking
9 units
and 21
bedrooms
are
proposed
with 7
parking
spaces.
I
understand
that
the
rules
only
require
7
parking
spaces,
but this
seems
extremely
inadequate.
Two
and
three
bedroom
units
need at
least
one
parking
space
per
unit.
The
neighborhood
is
already
overparked
being
so close
to
downtown
and
there is
very
limited
street
parking.
In the
block
bounded
by
West
Main
and
West
Hopkins
between
1st and
2nd
Steets
are 43
dwelling
units
with
only 29
parking
places
provided
on site,
including
this
proposal
at 205
West
Main.
That
one
block
will
have a
deficit
of 14
parking
places
on site.
Combined
with
smaller
subgrade
units
and
barely
any
storage,
the lack
of
parking
brings
into
question
the
actual
livability
of this
project
for
future
residents.
We ask
that
the
HPC
provide
on site
at a
minimum
ONE
PARKING
SPACE
PER
UNIT.
In
summary
we
request
the
following:
Size
and
Scale-
REMOVE
the
THIRD
FLOOR
Site
Plan-
PROVIDE
MORE
OPEN
SPACE
Density-
REDUCE
the
NUMBER
of
UNITS
to SIX.
Parking
-
PROVIDE
ONE
PARKING
SPACE
PER
UNIT.
Thank
you for
reading
my
concerns.
I
support
affordable
housing
and
agree
that
this is a
good
location
for an
affordable
housing
project.
My
biggest
concerns
are the
size
and
scale of
the
new
construction
relative
to the
one
and
half
story
landmark,
and the
general
livability
for the
future
residents
considering
the
units
are
smaller
than
required,
subgrade,
with
very
limited
storage,
and
inadequate
parking
space.
Respectfully
submitted
David
Scruggs
212
West
Hopkins
Avenue
9014934820
David Scruggs
Attorney at Law
Evans | Petree
PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct:
901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com •
evanspetree.com
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David Scruggs
Attorney at Law
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com • evanspetree.com
NOTE: The information transmitted is
intended only for the person or entity to
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Service
David Scruggs
Attorney at Law
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com • evanspetree.com
NOTE: The information transmitted is intended only for the
person or entity to which it is addressed and may contain
CONFIDENTIAL and/or PRIVILEGED material. Any review,
retransmission, dissemination or other use of, or taking of any
action in reliance upon, this information by persons or entities
other than the intended recipient is strictly prohibited. If you
received this in error, please contact the sender and promptly
delete the material from your computer system. The attorney-
client and work product privileges are not waived by the
transmission of this message.
IRS Circular 230 requires that we inform you that the advice
contained herein is not intended to be used, and it cannot be
used, for the purpose of avoiding penalties that may be
imposed by the Internal Revenue Service
David Scruggs
Attorney at Law
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com • evanspetree.com
NOTE: The information transmitted is intended only for the person or entity to which it is addressed and may
contain CONFIDENTIAL and/or PRIVILEGED material. Any review, retransmission, dissemination or other use of, or
taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
strictly prohibited. If you received this in error, please contact the sender and promptly delete the material from
your computer system. The attorney-client and work product privileges are not waived by the transmission of this
message.
IRS Circular 230 requires that we inform you that the advice contained herein is not intended to be used, and it
cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service
David Scruggs
Attorney at Law
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com • evanspetree.com
NOTE: The information transmitted is intended only for the person or entity to which it is addressed and may contain CONFIDENTIAL
and/or PRIVILEGED material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this
information by persons or entities other than the intended recipient is strictly prohibited. If you received this in error, please contact
the sender and promptly delete the material from your computer system. The attorney-client and work product privileges are not
waived by the transmission of this message.
IRS Circular 230 requires that we inform you that the advice contained herein is not intended to be used, and it cannot be used, for
the purpose of avoiding penalties that may be imposed by the Internal Revenue Service
From: David Scruggs <dscruggs@evanspetree.com>
Sent: Wednesday, October 26, 2022 7:43 AM
To: Kate Johnson <kate.johnson@aspen.gov>; Amy Simon <amy.simon@aspen.gov>
Cc: Rich Corbett <corbett9@gmail.com>; Bart Holtzman <bart.holtzman@gmail.com>
Subject: RE: Development of Affordable Housing at 205 West Main—Hearing before the Historic
Preservation Commission 10/26/2022
Kate and Amy —please distribute these comments to The Historic Preservation Commission Members as
soon as possible for their consideration and include this email in the record. Thank you.
Historic Preservation Commission Members
We are not surprised that staff recommends support for the project. Unfortunately it would appear the
policy is to support Affordable Housing in any form regardless of its impact on a landmark or the Main
Street historic district. It would appear Affordable Housing no matter the consequences is staff’s top
priority. We hope the Historic Preservation Commission will take a broader view and require this project
to be compatible with the neighborhood and the on site landmark, and not grant the Five (5) variances
requested. Each variance request may appear small but in the aggregate they become material and
excessive. Please DENY the variances requested for:
FLOOR AREA
50% ABOVE GRADE SQUARE FOOTAGE
SUBSTANDARD SIZE UNITS
ON SITE PARKING REQUIREMENT
DERTH OF OUTDOOR COMMON AREA AND OPEN SPACE
We want to make it clear that we support workforce affordable housing , but question the density,
mass, height, compatibility with the neighborhood and the on site Victorian, and failure to provide
adequate parking and open space for this project.
We do not agree with Amy’s assertion that Chapter 3, Main Street guidelines, do not apply. There needs
to be some relationship of the development to the historic district. It is illogical to disregard the Main
Street Historic District Guidelines for a Historic property on Main Street,
The character statements about the Main Street Historic District remain relevant to the project. The
Special Review criteria for both the floor area increase and the below grade housing units require a
finding that the project is compatible with the neighborhood. The staff memo does not analyze the
surrounding historic context or relate the project to the character defining features of the Main Street
Historic District. 205 West Main is surrounded by 8 landmarks shown in the orange outline. The
proposed mass and scale of the VERY LARGE three story buildings will permanently change the context
of this corner and degrade these 9 historic landmarks. If this project is constructed as recommended by
staff we will not be able to reverse this deviation and destruction of the historic nature of Main Street
and that historic quality will be FOREVER lost.
The staff memo says “clearly the new development is larger than the resource. This is permitted by the
zone district. The key is to mitigate the impacts, which has been pursued by both the site plan choices
and the architectural design.” The Mixed Use Zone District establishes a maximum floor area with the
ability to increase the floor area through Special Review. In fact, the Mixed Use Zone District states the
following about maximum floor area specifically citing historic resources as a reason to NOT
ACHIEVE maximum build out .“The dimensional standards and allotments provided in this
Section for commercial and mixed -use developments are the maximum allowable for the
zone and may not be achieved for all developments. Site constraints, historic resources, on-
site mitigation and replacement requirements, and other factors may prevent development
from achieving some or all of the maximum allowable dimensional standards .”
The Staff claims that the extra 750 sq ft of floor area requested though Special Review facilitates large
lightwells only, but this is a misleading. Lightwells are required egress from the below grade units, and
large lightwells are part of the applicant’s argument for more than 50% of the unit location below
grade. Not allowing the extra floor area will reduce the above grade massing if the applicant wants to
get a variation for the below grade housing units, OR will push the applicant to meet housing
standards and redesign the units to be more than 50% above grade. This is a product of the applicant
asking for too many variations through Special Review for a historic project.
The substandard size of the units needs attention as more than half of the proposed units need a
variation through Special Review. We agree the property is located close to transportation and the
Aspen core. However , it is a stretch of credulity to contend that 9 units with 21 bedrooms will result in
only 7 cars and parking places. Realistically , we can assume there will be at least 18 cars and/or trucks
and only 7 onsite parking places. As we previously pointed out ,in the block bounded by West Main and
West Hopkins between 1st and 2nd Streets, there are 43 dwelling units with only 29 parking places
provided on site, including this proposal at 205 West Main. That one block will have a deficit of 14
parking places on site. This parking deficit will severely impact the quality of life for the affordable
housing occupants as well as the neighbors and neighborhood.
Combined with smaller subgrade units and barely any storage, the lack of parking brings into question
the actual livability of this project for future residents. We ask that the HPC provide on site parking at a
minimum ONE PARKING SPACE PER UNIT plus ONE.
It is ridiculous that staff finds there is “plenty of outdoor common area and open space” considering the
space between buildings is so limited they cannot even plant any trees. The common area is vey small
to accommodate a potential 21 occupants (one per bedroom). The Common space will be shaded most
if not all of the day becaus of its location and the three story surrounding buildings and will receive little
Sunshine.
The staff memo fails to address all of the review criteria – mainly how the proposed units are compatible
with the overall neighborhood, and how the proposed amount of housing units is an appropriate
response to site constraints. The landmark is a roughly 900 sf footprint on a 7,500 sf lot. This means that
the landmark takes up 12% of the site coverage on the lot. That is NOT a site constraint.
There is too much MASS proposed on this corner property. We understand staff’s mandate to
recommend approval of any and all affordable housing projects and to maximize the number employees
housed; but we respectfully ask HPC to follow the adopted purpose and intent in the Land Use Code and
request a restudy of the project to reduce mass and scale, protect the landmark, relate to the historic
district, and to provide more space around the landmark. Adopted HP purpose and intent are below.
a. Recognize, protect and promote the retention and continued utility of the historic buildings and
districts in the City;
b. Promote awareness and appreciation of Aspen's unique heritage;
c. Ensure the preservation of Aspen's character as an historic mining town, early ski resort and
cultural center;
d. Retain the historic, architectural and cultural resource attractions that support tourism and the
economic welfare of the community; and
e. Encourage sustainable reuse of historic structures.
f. Encourage voluntary efforts to increase public information, interaction or access to historic
building interiors.
In summary we request the following:
Size and Scale- REMOVE the THIRD FLOOR and REMOVE SUBSTANDARD SIZE
Site Plan- PROVIDE MORE OPEN SPACE
Density- REDUCE the NUMBER of UNITS to SIX.
Parking - PROVIDE ONE PARKING SPACE PER UNIT plus ONE
Thank you for reading our concerns. AGAIN, we support affordable housing and agree that this is a
good location for an affordable housing project. Our biggest concerns are the size and scale of the new
construction relative to the one and half story landmark, and the general livability for the future
residents considering the units are smaller than required, subgrade, with very limited storage and open
space and inadequate parking space. This project as presented is detrimental to the occupants,
neighbors and neighborhood and should be revised to address the inherent problems and NO variances
should be granted.
I regret I have not been allowed to participate by Webex or telephone and apologize that I am not able
to attend in person as I am out of town during this part of the off season. Having said that, please feel
free to call me at 9014934820 during your meeting to answer any questions you wish to propound. I will
be sure to be available.
Respectfully submitted
David Scruggs
212 West Hopkins Avenue
9014934820
David Scruggs
Attorney at Law
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
Fax: 901.374.7502
dscruggs@evanspetree.com • evanspetree.com