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HomeMy WebLinkAboutagenda.hpc.20221214AGENDA ASPEN HISTORIC PRESERVATION COMMISSION December 14, 2022 4:30 PM, City Council Chambers 427 Rio Grande Place Aspen, CO 81611 I.ROLL CALL II.MINUTES II.A Minutes - 5/11/22 & 11/09/22 III.PUBLIC COMMENTS IV.COMMISSIONER MEMBER COMMENTS V.DISCLOSURE OF CONFLICT OF INTEREST VI.PROJECT MONITORING VI.A 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 XI.A 205 W. Main Street- Conceptual Major Development, Relocation, Certificates of Affordable Housing Credits, Growth Management Quota System, Special Review, Transportation and Parking Management, CONTINUE PUBLIC HEARING TO JANUARY 25TH minutes.hpc.20220511_DRAFT.docx minutes.hpc.20221109_DRAFT.docx PROJECT MONITORING.doc 1 XII.NEW BUSINESS XII.A 500 E. Durant Avenue– Minor Development Review, Commercial Design Review, PUBLIC HEARING XIII.ADJOURN XIV.NEXT RESOLUTION NUMBER 500 E Durant HPC Memo.pdf 500 E Durant HPC Resolution.pdf Exhibit A_DesignGuidelinesCriteria.pdf Exhibit B_Application.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 2 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 Chairperson Thompson opened the meeting of the Aspen Historic Preservation Commission at 4:30pm. Commissioners in attendance: Jeffrey Halferty, Kara Thompson, Jodi Surfas, Peter Fornell, Roger Moyer, Sheri Sanzone and Barb Pitchford. Staff present: Amy Simon, Planning Director Natalie Feinberg Lopez, Historic Preservation Officer Sarah Yoon, Historic Preservation Planner Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk Risa Rushmore, Administrative Assistant II MINUTES: Ms. Thompson motioned to approval the minutes from 4/13/22 with the grammatical revision on page 7 made. Mr. Fornell seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Sanzone, abstained; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. All in favor, with one member abstaining, motion passes. PUBLIC COMMENTS: None. COMMISSION MEMBER COMMENTS: Mr. Halferty thanked everyone for the work session two weeks ago and for the many great concepts that were brought up. DISCLOSURE OF CONFLICTS OF INTEREST: None. PROJECT MONITORING: Ms. Yoon said there was one item to bring before the HPC board for project monitoring. 930 King St. which was approved by the board through a minor development hearing is being brought forward because of a slight massing change from what was approved. The project monitors for this project reviewed the application and agreed that it was acceptable, but because it a slight floor area and massing change, staff thought it was important for the board to see it in its entirety. She introduced Wheeler Clancy who is representing the applicant. Mr. Clancy showed some images of the project and described the proposed changes. The initial Floor Area Ratio calculations were around 75 square feet and during the permitting process it was determined that they were entitled to about 85 square feet. He then described the slight changes to the west side expansion, increasing the area by 10 square feet, showing images of the original and proposed layouts. Ms. Yoon mentioned that this does not constitute a new approval or resolution, it is just a modification of the original approval. Ms. Thompson said that her and Mr. Fornell are the project monitors on this project and that they reviewed the proposed changes and said that from the rendering that the massing changes are insignificant. Both Ms. Thompson and Mr. Fornell were satisfied with the changes after having their questions answered. Ms. Johnson then went over the board’s options, which were to, after review, accept the changes or to bring it back to a public hearing. Mr. Halferty, Mr. Moyer, Ms. Surfas, Ms. Pitchford and Ms. Sanzone were all ok with the changes. STAFF COMMENTS: Ms. Feinberg Lopez mentioned that her and staff have set up the schedule so that the second meeting of each month will be in person and that it will include a work session. She REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 requested that potential work session topics be emailed to her. She then mentioned that May is Preservation month and that a progressive bike tour is scheduled for the 31st of May. She then went over the details of the tour. Ms. Yoon mentioned that she would be leaving the meeting a bit early. CERTIFICATE OF NO NEGATIVE EFFECT: Ms. Feinberg Lopez went over a number of these including: • 706 W. Main – basement addition that is within the setbacks. • 400 E. Cooper – change in doors and siding. • 520 E. Hyman – addition of a side and alleyway door. • 305 & 307 S. Mill – interior changes. • Temporary structure at Aspen Tap. CALL UP REPORTS: None. SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice and that notice was provided per the code for the agenda item. OLD BUSINESS: 949 W. Smuggler – AspenModern Historic Designation and Benefits, Conceptual and Final Major Development, Relocation, Demolition, TDR, Subdivision, Growth Management – PUBLIC HEARING CONTINUED FROM APRIL 27th SITE VISIT Applicant Presentation: Mitch Haas, Haas Land Planning LLC & Derek Skalko, 1 Friday Design Collaborative Mr. Haas provided a summary of the project, including some of the history of the property, the previous lot split and showed the existing conditions. He described the historic chalet, surrounding fence, a “chicken coop” structure and an outbuilding that is proposed to be demolished. He noted that most of the surrounding fence can go away because it lies within the property line or is in the alley. He then showed a few historic pictures of the chalet from the 1940s. He showed a comparison of the existing and the proposed site plans, highlighting the new proposed lot line separating the historic “Chalet” lot (10,000 square feet) and the new vacant lot (8,000 square feet), the new detached structure to be built behind the historic chalet, and the repositioning of the “chicken coop”. He then went on to describe the proposed front setbacks of the vacant lot. He mentioned that to the best of his memory, the HPC members present at the last meeting did not have any real issues or concerns with what is proposed on the “Chalet” lot. He said that the vacant lot was the main focus at the last meeting, including concerns about potential massing issues because of the reduced building envelope and the proposal of the vacant lot not being landmarked and not subject to HPC review. He also went over a few other topics of discussion from the last meeting. He reminded the members that the applicant was proposing that the vacant lot be limited to the allowable floor area for a 6,000 square foot lot, reducing the floor area by 280 square feet compared to an 8,000 square foot lot. In exchange for this the applicant is asking for a 250 square foot Transferable Development Right (TDR). Mr. Haas said that since the last meeting he had been working with Ms. Simon and that they are fully ok with the resolution as written, which he said seems to address most if not all the concerns raised. He REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 then went over in some detail the staff conditions included in the Resolution, noting that he hoped that these would all be written as recommendations to City Council from HPC because this is ultimately a negotiated process. Staff Presentation: Amy Simon, Planning Director Ms. Simon started by focusing on the Resolution and reviewing each condition in detail with the HPC members. She then opened her presentation to questions. Ms. Thompson asked Ms. Simon to review and confirm the math in condition #9 regarding the allowable floor area on the vacant lot be set at 3,240 square feet. Ms. Simon confirmed this and noted that the recommendation also states that only a single-family home is allowed unless the condition is amended by City Council. There was then some discussion on the details and intentions of condition #11. Mr. Fornell asked for clarity on why in this case HPC is a “recommending” body and not the deciding body. Ms. Simon described how the AspenModern is a very different program, being a negotiated process and that the final decision is in City Council’s court. There are also many processes that are part of this proposal that are never in HPC’s purview. There was some discussion around the reason and importance of preserving this historic property and since this is currently not designated a historic property what could happen to the property if this AspenModern designation does not go through. Ms. Surfas asked about what HPC would have say over if the vacant lot is designated historic. Ms. Simon explained that it would be the same as any other historically designated property that was under HPC review. Mr. Moyer asked if the City purchased the vacant lot, what could they or could they not out on the lot. Ms. Thompson said that her understanding was that whatever was proposed would come before HPC for review. Ms. Sanzone did not understand where the potential for a multiple unit project could show up on the lot and if it was a possibility of the major subdivision process. Ms. Simon said a lot would have to happen to allow anything more than a duplex on the lot, but it was up to City Council. Ms. Sanzone asked a few questions about grading, drainage and utilities plans in regard to their impact on existing trees. Mr. Haas said that they had been on the property with the Parks department and most of the trees that could be impacted do not require mitigation and are either in bad health, a hazard or too small to be City regulated. PUBLIC COMMENT: None. BOARD DISCUSSION: Mr. Halferty complimented the project and its importance to Aspen history. He emphasized the importance of the HPC’s recommendation to City Council. He brought up some concerns over the proposed “right of first refusal” for the vacant lot, but said if the City’s legal team was ok with it he was as well from a consistency stand point. REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 Ms. Thompson thought that the applicant had addressed every concern since the first meeting, and she fully supports this resolution. Mr. Fornell agreed that this is a good project. He strongly objected to condition #12 in the Resolution regarding the 30-day option for the City. He did not think what was proposed was legal, ethical, or proper. He went on to explain his thoughts. Ms. Thompson asked if Mr. Fornell would be comfortable deferring that to City Council. Mr. Fornell said no and would like to see condition #12 removed. Ms. Thompson said that she would like to defer this to City Council. Ms. Johnson went over some of the legal aspects of the topic and mentioned that if the rest of the board is in agreement, then you can move to strike it or state that HPC takes no position and refer it to Council. Ms. Thompson stressed the importance of HPC’s unanimous support of this to Council and if removing condition #12 means that Mr. Fornell will support it, she would be ok with that. Ms. Sanzone agreed that it should be removed. Ms. Pitchford agreed as well. Mr. Moyer did not care whether it was included or not but agreed that HPC needs to be all in agreement on their recommendations to avoid making things more complicated for Council to allow this to happen. Ms. Sanzone thought that the original lot split was a huge incentive to the applicant and was really struggling with the creation of the additional lot and how it will affect the context of the lot including the existing sage brush. She did not agree with staff’s comments that this application is meeting the criteria for a major subdivision. Mr. Haas expressed his concerns with saddling the vacant lot with too many restrictions, which could lead to the whole thing falling apart by losing the value that makes this all possible. Ms. Thompson wanted to make sure the project is viable for the applicant and Mr. Fornell did not want HPC to do something that makes the applicant walk away for their effort. HPC members then worked with Ms. Simon to make suggested edits to the language of the Resolutions and the conditions therein. These included better emphasizing HPC’s recommendation of approval and clarifying the difference between the two lots, as well as other clarifying details. Condition #12 was also removed as part of the edits to conditions. MOTION: Ms. Thompson moved to approve the Resolution with the edits made. Mr. Moyer seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Sanzone, no; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. 6-1, motion passes. Ms. Thompson asked Ms. Sanzone why she objected. Ms. Johnson mentioned that a member does not need to disclose why they voted the way they voted but can if they choose. Ms. Sanzone did not prefer to answer now. Mr. Fornell wondered if there was a threshold by which that vote may change for the benefit of moving to City Council. Ms. Sanzone wondered if she could change her vote to abstained. Ms. Johnson said someone could call for a reconsideration and another vote. Mr. Moyer called for reconsideration. Ms. Thompson seconded. Ms. Sanzone explained that it was hard for her to vote yes on this, and it is inappropriate because she didn’t attend the first meeting or the site visit. She fundamentally had a problem with the subdivision, in REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 the fact that this lot is getting divided up further. She said we lost the context on the west side with the original lot split a few years ago, and now were losing the rest of it. She had hoped her vote wouldn’t count as the alternate member so that she could say that and feel good about her values and what she feels is important. Ms. Johnson said that if Ms. Sanzone felt that she did not have sufficient information to vote on this, she could always abstain. She said that someone would have to make another motion to approve the Resolution as amended, because things had somewhat reset. Mr. Fornell motioned to approve the Resolution as amended. Ms. Pitchford seconded. Mr. Fornell, yes; Mr. Moyer, yes; Ms. Sanzone, abstain; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. 6-0, with one abstention. Motion passes. NEW BUSINESS: HPC AWARDS 2022 Ms. Feinberg Lopez started by introducing the Awards program and the candidates, which included 834 W. Hallam, 128 E. Main, 232 E. Main and the Marble Garden, briefly describing each one. She then went over the different available awards that can be bestowed on projects and each’s point scoring criteria. Ms. Thompson mentioned she had to abstain from any voting on 834 W. Hallam, but the only project she would want to award is the Marble Garden for its conservation efforts. Mr. Halferty agreed on the Marble Garden for its conservation. Ms. Sanzone and Ms. Pitchford both agreed as well. Mr. Fornell said the only project he would support for an award was the Marble Garden and stated his reasons for not choosing any of the other projects. Ms. Thompson mentioned that last year the board gave the Elizabeth Paepcke Award to Ann Mullins and was wondering if the board may give that award this year to Ms. Simon. The rest of board members agreed and thought it was a fantastic idea. The board also agreed to keep it a secret from Ms. Simon until the Awards were given out at the Council meeting. Ms. Feinberg Lopez said that she thought this award was a great idea and stated that Ms. Simon had been with the City for 27 years and hadn’t really received anything for her preservation efforts. Ms. Johnson said she would have to double check the legality of a City employee receiving this award, but would let the board know. There was consensus that the marble Garden would be awarded the Restoration / Rehabilitation award and Ms. Simon would be awarded the Elizabeth Paepcke Award. ADJOURN: Ms. Thompson motioned to adjourn. Mr. Fornell seconded. All in favor; motion passed. ____________________ Mike Sear, Deputy City Clerk REGULAR MEETING HISTORIC PRESERVATION COMMISSION NOVEMBER 9TH, 2022 Chairperson Thompson opened the regular meeting of the Aspen Historic Preservation Commission at 4:36pm. Commissioners in attendance: Jeffrey Halferty, Roger Moyer, Jodi Surfas, Barb Pitchford and Kara Thompson. Staff present: Amy Simon, Planning Director Ben Anderson, Deputy Director, Community Development Haley Hart, Long Range Planner Sophie Varga, Zoning Enforcement Officer Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk Risa Rushmore, Administrative Assistant MINUTES: Ms. Thompson moved to approve the minutes from 10/12/22. Mr. Moyer seconded. Roll call vote: Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. 5-0, motion passes. PUBLIC COMMENTS: Mr. David Scruggs asked that HPC consider requesting the applicant for 205 W. Main to install “story poles” on site and provide three dimensional models of the project. Ms. Johnson asked the Board to disregard Mr. Scruggs’ comments as those comments need to be made in the presence of the applicant so they can hear and respond to them. Ms. Thompson responded to Mr. Scruggs saying that they cannot take any action and let him know that it was requested of the applicant at the last meeting to provide a 3-dimensional representation of the project. She invited him to attend the next meeting and make his comments because the applicant does need to be present. COMMISSION MEMBER COMMENTS: Mr. Moyer commented that it was important for HPC to be presented with 3D models. These should show not only the mass and scale of the project itself but of each side of it as well. He asked that staff request applicants to provide these types of models. He thought story poles were helpful and encouraged staff to also ask applicants to provide them. Ms. Simon clarified that the Land Use Code lays out submission requirements and it references visual representations of the project but is not prescriptive to how the applicant chooses to represent the project. A Code amendment would need to be made to change this. DISCLOSURE OF CONFLICTS OF INTEREST: None. PROJECT MONITORING: Ms. Simon mentioned that she needed to talk with Mr. Halferty and Mr. Moyer about a few projects. STAFF COMMENTS: None. CERTIFICATE OF NO NEGATIVE EFFECT: None. REGULAR MEETING HISTORIC PRESERVATION COMMISSION NOVEMBER 9TH, 2022 CALL UP REPORTS: None. SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice, and that notice was provided per the code for both agenda items. She then confirmed with the applicant that public notice posting was done on the property at least 15 days prior to today’s hearing. Ms. Greenwood confirmed that she posted on the property on October 18th. NEW BUSINESS: 132 W. Hopkins – Final Major Development, PUBLIC HEARING Applicant Presentation: Gretchen Greenwood – Gretchen Greenwood Architects Ms. Greenwood stated that nothing had changed since the conceptual approval in March. There will be an addition on the back and the historic Victorian will be restored. She said she had completed the conditions on the resolution and is ready to go to the building department once final approval is granted. She went on to describe what needs to be done to the historic resource and showed the existing and proposed elevations. As part of her overall preservation and restoration plan, she detailed the proposed replacement of historic windows, trim, and doors as well as restoration of columns, siding, and trim detailing. Next, she went over in detail the construction sequencing with an emphasis on the movement of the house to allow for excavation. She then went over the roof plan and penetrations. She also detailed the proposed use of a wall hung air conditioning unit to be located on the new addition. She went over the materials proposed for the front walkway and went over the exterior lighting plan. She mentioned that proposed material examples are included in the packet but would be a simple design and she described some of them. Ms. Thompson asked about the proposed drywell an asked if a micropile wall around it would be necessary. Ms. Greenwood said she had discussed it with the contractor, and he said it would not be needed. Ms. Surfas mentioned that she did not see any information about the preservation plan or lighting in the packet that they received. Ms. Greenwood said that she did not include them in the packet. Ms. Surfas then brought up a note included in the packet from the Engineering Department requesting a sidewalk agreement to create a curb sidewalk around the cottonwood tree to be included at final review. She said she did not see that agreement in the packet. Ms. Greenwood said she would work with engineering on that. Ms. Simon clarified that the agreement was still being looked into but is outside HPC’s purview and would be handled by Parks and Engineering. Mr. Halferty asked what the distance between the historic resource and the new addition. Ms. Greenwood said 8” on one side and 9’ 2” on the other. Mr. Halferty then asked about the lightwell, and Ms. Greenwood said it would have a grate on it. Mr. Halferty asked if there were any wall penetrations proposed for the historic resource to which Ms. Greenwood said no. Mr. Halferty asked if the proposed wall hung AC unit would encroach into the setback to which Ms. Greenwood said it would hang about 16” into the setback. Mr. Halferty finished by asking if Ms. Greenwood had had any discussions with Parks or Engineering about the sidewalk agreement. Ms. Greenwood said she had not. REGULAR MEETING HISTORIC PRESERVATION COMMISSION NOVEMBER 9TH, 2022 Staff Presentation: Amy Simon – Planning Director Ms. Simon started by going over the site plan for the project and noted that there were no significant changes from the conceptual approval. She then went over a bit of the history of the house and reminded the members of the setback variances they granted at conceptual. She showed a historical picture of the house and went on to describe the conditions in the resolution noting that staff is recommending approval. Mr. Halferty asked about the AC unit and if HPC needed to address the setback issues. Ms. Simon said the ability to grant setbacks ended at conceptual review, so the applicant will need to meet the setback requirements and that Zoning will determine where the unit will need to be located. PUBLIC COMMENT: None. BOARD DISCUSSION: Ms. Thompson agreed that Ms. Greenwood did a good job of keeping the plans consistent from what was presented and approved at conceptual through to final review. She thought that all the conditions that Ms. Simon presented were valid and was in favor of approval with all the conditions noted in the resolution. Mr. Moyer agreed with staff that it should be approved with the conditions. Ms. Surfas said that as long as all the conditions are met it is acceptable to approve with conditions. Ms. Pitchford agreed with Mr. Moyer and Ms. Surfas and asked if the additional information would be sent to the board or just staff. Ms. Thompson said it would be provided to staff and whoever the monitor ends up being for the project. Mr. Halferty did not like a piecemeal approach as it adds to staff and monitor responsibilities to handle what usually is presented at final review but noted that Ms. Greenwood did a thorough job with the civil and structural details. He was in agreement with staff’s conditions. MOTION: Ms. Thompson motioned to approve the next resolution in the series with the conditions presented by staff. Mr. Moyer seconded. Roll call vote: Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. 5-0: All in favor, motion passes. Mr. Moyer and Ms. Pitchford were assigned as monitors for the project (132 W. Hopkins). Ms. Thompson was assigned to be monitor on the 520 E. Cooper project from the last meeting. OTHER BUSINESS: Outdoor Lighting Standards – Code Update Presentation and Discussion Staff Presentation – Ben Anderson – Deputy Director – Community Development Mr. Anderson introduced Ms. Hart and Ms. Varga and mentioned that they are working with himself and their consultant team on updated the City’s outdoor lighting code. He then went over staff’s Lighting Code Update presentation. This included issues with the current code and why they are proposing an update as well as some of the framework they are looking at in updating the code. There was discussion and Q&A between HPC commissioners and Mr. Anderson. Mr. Anderson finished his presentation by asking a few questions of the HPC commissioners to gain some ideas to move forward with. These REGULAR MEETING HISTORIC PRESERVATION COMMISSION NOVEMBER 9TH, 2022 questions focused on what outdoor lighting should be like or what outcomes it should achieve. Also, in the commissioner’s own experience living and working in town, if they had any concerns related to outdoor lighting that should be considered. There was some back-and-forth discussion of ideas and concerns. There was then some discussion between the members and staff regarding their meeting formats and whether they should be in-person or virtual. Ms. Johnson mentioned that the only real direction she has received from City Council is that the switching between both formats may be causing some confusion amongst citizens. Ms. Thompson suggested that the discussion be had with the whole board. ADJOURN: Ms. Thompson motioned to adjourn the regular meeting. Mr. Moyer seconded. All in favor; motion passes. ____________________ Mike Sear, Deputy City Clerk HPC PROJECT MONITORS - projects in bold are permitted or under construction 12/9/2022 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 520 E. Cooper 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 132 W. Hopkins 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 HPC PROJECT MONITORS - projects in bold are permitted or under construction 12/9/2022 Jodi Surfas 202 E. Main 305-307 S. Mill, Grey Lady 320 E. Hyman (Wheeler Opera House, solar panels) 611 W. Main Peter Fornell 304 E. Hopkins 930 King 135 W. Francis 233 W. Bleeker Barb Pitchford 121 W. Bleeker 312 W. Hyman 132 W. Hopkins Page 1 of 5 427 Rio Grande Place | aspen.gov MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Planning Director MEETING DATE: December 14, 2022 RE: 500 E. Durant Avenue– Minor Development Review, Commercial Design Review, PUBLIC HEARING APPLICANT /OWNER: 450 S Galena Investors, LLC with the consent of property co- owner Marcus Galena Durant, LLC REPRESENTATIVE: BendonAdams LOCATION: Street Address: 500 E. Durant Avenue Legal Description: Durant Galena Condominiums, City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2737-182-22-007 and 008, and 2737-182-22-800 CURRENT ZONING & USE CC, Commercial Core, Retail, restaurant, office PROPOSED LAND USE: No change SUMMARY: The applicant requests approval for exterior changes to the subject property, including enlarging an elevator and balconies, adding awnings, replacing windows and other materials, replacing mechanical equipment, and improving waste and recycling storage. This commercial building was constructed around 1974 and is not landmarked, but is located in the Commercial Core Historic District. The work is subject to HPC review to ensure architectural compatibility with the neighborhood. STAFF RECOMMENDATION: Staff recommends approval with conditions to retain the natural finish of the brick and to limit alterations to the windows on the upper floor of the Durant Avenue façade. 500 E. Durant Avenue Page 2 of 5 427 Rio Grande Place | aspen.gov REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC) The Applicant is requesting the following land use approvals: • Minor Development (Section 26.415.070.C) and Commercial Design Review (Section 26.412.040.E)- a one-step design review of exterior alterations to a non-historic property in a historic district. The Historic Preservation Commission (HPC) is the final review authority. The project is subject to Call-Up notice to City Council. ASSOCIATED ADMINISTRATIVE REVIEWS THAT WILL BE PROCESSED BY STAFF • Growth Management Exemption (Section 26.470.070.E)- The proposed project increases the floor area of the building by approximately 583 square feet, but the net leasable area is decreased because some spaces currently leased to individual tenants are becoming shared circulation corridors and the like. An INCREASE in net leasable is typically a trigger for requiring affordable housing mitigation, parking mitigation, and other fees and requirements. This is not the case for the proposed project. Following HPC review staff will produce an Administrative Growth Management exemption for documentation. • View Plane Administrative Review (Section 26.435.050.E)- The proposed project sits within the foreground of a view plane. New development that pierces a view plane in a foreground area is prohibited or highly regulated. That said, elements such as new mechanical equipment can be allowed if demonstrated to be the minimum size necessary for their function, are compliant with setbacks and are not be visible from the origination point of the view plane. Because the Independence Building completely blocks the subject property from the view plane starting point in front of 520 E. Cooper, staff will prepare an Administrative exemption for the new rooftop mechanical in this project. To the extent that any of the equipment does not meet the required setbacks from the Durant and Galena building façades (this appears to be the case only for an existing vent and new equipment on top of the elevator,) the Community Development Director can grant an allowance per code section 26.575.020.K to accommodate features necessary for code compliance and building function when the impact is minimized and no other practical solution exists. This is not a variance and no need to demonstrate hardship is needed. The pitched roof on this building limits locations for mechanical to be placed. STAFF COMMENTS: The applicable review criteria and staff findings are detailed in Exhibit A. The proposed project includes some building massing changes in the form of an elevator extension and an enclosed dining area on the upper floor balcony. These are within the existing footprint of the structure. A number of changes are proposed to fenestration, materials, and features such as balconies and partially covered outdoor dining. In general, staff finds that the design guidelines are met as this building is not designated historic and there are no adjacent historic structures on the Durant frontage. This pitched roof building is unusual in the downtown core, but does reflect the transition from traditional commercial architecture to ski base architecture. The programming of the building Page 3 of 5 427 Rio Grande Place | aspen.gov is likely to create an active streetscape, which will be a positive outcome at this very busy intersection. Staff does find that two topics in particular warrant discussion and additional evaluation by the applicant. The first, seemingly a trend in downtown renovations, is the proposal to apply a coating to the red brick elements of the building. The coating is described as a blackened limewash. Applying the proposed finish to the brick literally washes over the reading of the masonry units and grout lines, and reduces the visual interest of the façades. Masonry was historically not painted in the historic district, and doing so can cause long-term deterioration to the brick, and negatively impacts the relationship of the building to the surrounding context in terms of texture, color, and the human scale that the masonry units provide. Brick is a relatively limited part of the material palette of this building, but nonetheless, it was included at the time of construction presumably as a reflection of the typical materials in the area. The photo below, showing the building under construction and free of some of the alterations that have occurred subsequently, shows the nearby brick buildings and a relationship to context. This photograph also shows how the building reflected common design themes in Aspen in the 70s, including wood windows, glass that extended through the gable end, Chalet architecture references, etc. While the building is not designated and staff is not suggesting it be held to preservation standards, there is a vocabulary and a sensitivity to context that is being significantly changed by this application and should be discussed. Staff brings this up in particular on the Durant Avenue façade and the impacts of altering the brick and changing the windows to multi-pane. While there are no historic structures impacted by this façade, the district was intentionally drawn in the 1970s to include this blockface and to ensure some future dialogue amongst the development in the area. Photo: Aspen Historical Society Proposed south facade Page 4 of 5 427 Rio Grande Place | aspen.gov Staff recommends project approval, with the condition that the brick remain natural and the upper floor window design changes do not proceed. As seen in the photo of the Galena Street façade below, that elevation is currently complex in part because of awnings, the roof shape on the elevator, and the paint scheme. The project appears to be an improvement and simplification in this regard. That said, the proximity of the large red brick Independence building again emphasizes the need to be thoughtful about the treatment of the brick. Page 5 of 5 427 Rio Grande Place | aspen.gov REFERRAL COMMENTS: The application was referred out to other City departments to preliminarily identify requirements that may affect permit review. There has been significant dialogue with the Building Department, Zoning, Environmental Health, Engineering and Parks in an effort to trouble-shoot the project before it advances to permit. The aspects of those conversations of most interest to HPC’s review are a required reconfiguration of the trash service area along the alley, the removal of a large tree at the front of the site, and the need for the outdoor dining patio at the front of the site to be constructed of pervious pavers. The progress made in these discussions is reflected in the drawings being presented to HPC. Additional dialogue will be needed with these review groups, which is a condition of approval. RECOMMENDATION: Staff recommends HPC approve the proposal with conditions stated in the attached Resolution. ATTACHMENTS: Resolution #____, Series of 2022 Exhibit A- Design Review/Staff Findings Exhibit B- Application HPC Resolution #__, Series of 2022 Page 1 of 3 RESOLUTION #__, SERIES OF 2022 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MINOR DEVELOPMENT REVIEW AND COMMERCIAL DESIGN REVIEW FOR THE PROPERTY LOCATED AT 500 E. DURANT AVENUE, DURANT GALENA CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-182-22-007 and 008, and 2737-182-22-800 WHEREAS, the applicant, 450 S Galena Investors, LLC with the consent of property co-owner Marcus Galena Durant, LLC, has requested HPC approval for Minor Development and Commercial Design Review for the property located at 500 E. Durant, Durant Galena Condominiums, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;” and WHEREAS, for Minor Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.C of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of Commercial Design Review, the application shall meet the requirements of Aspen Municipal Code Section 26.412, Commercial Design Review; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards and recommends approval with conditions; and WHEREAS, HPC reviewed the project on December 14, 2022, 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 _-_. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development and Commercial Design Review for 500 E. Durant, Durant Galena Condominiums, City and Townsite of Aspen, Colorado, City and Townsite of Aspen, CO as follows: Section 1: Minor Development and Commercial Design Review. HPC hereby approves Minor Development and Commercial Design Review for the project represented in the application, with the conditions that all of the brick remains natural, with no finish applied, and that replacement windows on the upper floor of the Durant Avenue façade HPC Resolution #__, Series of 2022 Page 2 of 3 match the existing design. The applicant must continue to work with referral agencies to resolve encroachments into public r.o.w., trash and recycling storage, stormwater mitigation, tree permit requirements, etc. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: 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 4: 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. Section 5: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 500 E. Durant, Aspen, CO, 81611 HPC Resolution #__, Series of 2022 Page 3 of 3 Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting on the 14th day of December, 2022. Approved as to Form: Approved as to Content: ________________________________ ________________________________ Katharine Johnson, Assistant City Attorney Kara Thompson, Chair ATTEST: ________________________________ Mike Sear, Deputy City Clerk Page 1 of 9 Exhibit A Minor Development Commercial Design Standards and Guidelines Staff Findings 26.415.070. Development involving designated historic property or property within a historic district. No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or a property located within a Historic District until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review. An application for a building permit cannot be submitted without a development order. 26.415.070.C Minor Development 1. The review and decision on the issuance of a certificate of appropriateness for minor development shall begin with a determination by the Community Development Director that the proposed project constitutes a minor development. Minor development work includes: a) Expansion or erection of a structure wherein the increase of the floor area of the structure is two hundred and fifty (250) square feet or less or b) Alterations to a building façade, windows, doors, roof planes or material, exterior wall materials, dormer porch, exterior staircase, balcony or ornamental trim when three (3) or fewer elements are affected and the work does not qualify for a certificate of no negative effect or c) Erection or installation of a combination or multiples of awning, canopies, mechanical equipment, fencing, signs, accessory features and other attachments to designated properties such that the cumulative impact does not allow for the issuance of a certificate of no negative effect or d) Alterations that are made to non-historic portions of a designated historic property that do not qualify for a certificate of no negative effect or e) The erection of street furniture, signs, public art and other visible improvements within designated historic districts of a magnitude or in numbers such that the cumulative impact does not allow for the issuance of a certificate of no negative effect. The Community Development Director may determine that an application for work on a designated historic property involving multiple categories of minor development may result in the cumulative impact such that it is considered a major development. In such cases, the applicant shall apply for a major development review in accordance with Subsection 26.415.07.D. 3. The procedures for the review of minor development projects are as follows: b) Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine the project's conformance with the City Historic Preservation Design Guidelines. Page 2 of 9 c) The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a certificate of appropriateness and the Community Development Director shall issue a development order. Staff Findings: The proposed work has been determined to qualify as Minor Development. Although there is some increase in building square footage, it is within the existing footprint and associated with extending the elevator to serve all floors and enclosing two areas on the second floor balcony. One of the second floor enclosed areas is code related as the path from the elevator to the occupied space must be an interior path in this case. The second enclosure on the upper level is to create a dining area that captures views. Staff does not perceive that the scope of work would benefit from a two-step review. Because the affected structure is not designated, the Historic Preservation Design Guidelines, adopted in 2016 do not apply. The document states that “These design guidelines are specifically for properties listed on the “Inventory of Historic Sites and Structures,” inside and outside of the historic districts.” New guidelines for development in the Commercial Core were created in 2017 and will be used in the evaluation of this application. Per the Commercial, Lodging and Historic District Design Standards and Guidelines, “a property located within the Main Street Historic District or Commercial Core Historic District, but not a designated landmark is subject to the applicable Commercial, Lodging and Historic District Design Standards and Guidelines, but is not subject to the Historic Preservation Design Guidelines.” The applicable guidelines for this remodel are found in the General, Commercial Core Historic District and Pedestrian Amenity chapters. Below, staff has identified information pertinent to the scope of work, highlighting topics found not to be met. Regarding the proposal to apply a limewash to the existing natural red brick, the applicant intends to provide a sample of the proposed blackened limewash for the board’s review at the hearing. This is required in order to completely assess whether Standard 1.22 is met Similar to the board’s recent consideration of applying limewash to the structure at 520 E. Cooper Avenue, staff finds that this alteration does not comply with mandatory standards 1.23 and 1.33, guideline 1.24 and guideline 2.14. Applying the proposed finish to the masonry literally washes over the reading of the masonry units and grout lines, and reduces the visual interest of the façade. Masonry was historically not painted in the district, and doing so can cause long-term deterioration to the brick, and negatively impacts the relationship of the building to the surrounding context in terms of texture, color, and the human scale that the masonry units provide. This building is architecturally an anomaly in the neighborhood but represents the transition of the downtown from very traditional commercial architecture to Modernism, with chalet references particularly appropriate to the base of Aspen Mountain. While staff does not believe that the existing building was reviewed by HPC when it was constructed, it was built at the time that the district was being formed and includes materials, such as red brick and wood siding, common to the surroundings. The district boundary included the Durant Avenue blockface, even though there are not historic buildings on this streetscape, because it is part of the Commercial Core zone district and is part of a commonly understood neighborhood that is united through intensity of use and certain architectural characteristics. Staff recommends that HPC look carefully at context to ensure that visual connection to the Commercial Core is not lost in this project. Page 3 of 9 In addition to the concern with erasing the red brick material, staff is concerned that the proposed changes to the upper floor windows on the south façade of the building are not compatible with the district, where ground floor windows sometimes are multi-paned or decorative, as proposed in this project, but upper floor windows are generally simpler. Staff recommends that the request to install divided lights on the upper floor be denied because it does not meet guidelines 1.34 and 1.35. There are some mandatory design standards applicable to this project that cannot be met because of existing conditions. This project is a remodel, not all new construction and many characteristics of the building and the site are fixed. The guidelines state that a remodel should meet design guidelines and neighborhood character where feasible. It is not possible, for instance for the trash area along the alley to be screened in compliance with Standard 1.27. Currently the trash collection sits in the alley. Correcting this has been a major discussion leading to this HPC review. The property occupants are going to use smaller rolling toters for trash and recycling rather than large dumpsters. There is truly not an inch to spare that can be devoted to screening. Although the building is being improved with airlocks designed to reduce heat loss as doors open and close, which meets Standard 1.15, the proposed doors are not recessed as Standard 1.14 indicate. That is a pattern that is very important to buildings throughout the Core, but not at all common on this blockface. Staff finds the entry door design to be appropriate. The project must be evaluated for compliance with Pedestrian Amenity guidelines, which emphasize useful and attractive outdoor spaces. Pedestrian Amenity currently exists on the street-level and upper floor. Although some modifications are proposed, staff finds that the quality of the spaces is preserved and improved with features such as the retractable awning, which will make the areas more comfortable for users. The project also must continue to meet minimum standards for Second Tier commercial space, by retaining a certain percentage of net leasable area as basement or upper level separately leasable units that might facilitate certain uses not feasible at Aspen’s street-level tenant rates. The application demonstrates compliance and no further evaluation by HPC is needed. There are a number of aspects of this project which will increase streetscape vitality, most notably the extent of outdoor dining. Improvements to accessibility and functional needs such as trash storage are being gained. Out of character alterations to the building, such as some ground floor storefront elements, are being eliminated. A large on-site tree in front of the building is to be removed and will expose the façade in a way that is more typical of the downtown. Staff supports approval of this application, with the condition that the brick remain natural and that the upper floor window replacements match the existing design. Page 4 of 9 RELEVANT COMMERCIAL DESIGN STANDARDS AND GUIDELINES- GENERAL (TOPICS OF CONCERN ARE HIGHLIGHTED): 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. • This applies to landscape located both on-site and in the public right-of-way. • High quality and durable materials should be used. • Early in the design process, consider stormwater best management practices as an integral part of the landscape design process. 1.4 Where there is open space on a site, reinforce the traditional transition from public space, to semi-public space to private space. • This may be achieved through a fence, a defined walkway, a front porch element, covered walkway, or landscape. 1.6 When a building facade is set back, define the property line. Review the context of the block when selecting an appropriate technique. Examples include: • A fence which is low in height and mostly transparent so as to maintain openness along the street. • Landscaping, though it may not block views of the architecture or a Pedestrian Amenity space. Hedgerows over 42 inches are prohibited. • Benches or other street furniture. MANDATORY STANDARD 1.1 All projects shall provide a context study. The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. MANDATORY STANDARD 1.14 Commercial entrances shall be at the sidewalk level and oriented to the street. • Finished floor and sidewalk level shall align for at least 1/2 the depth of the ground floor where possible. If significant grade changes exist on property, then the project will be reviewed on a case-by-case basis. • All buildings shall have at least one clearly defined primary entrance facing the front lot line, as defined in the Land Use Code. An entrance located within a chamfered corner is an alternative. (See Commercial Core Historic District). • If a building is located on a corner lot, two entrances shall be provided; a primary entrance facing the longest block length and a secondary entrance facing the shortest block length. MANDATORY STANDARD 1.15 Incorporate an internal airlock or air curtain into first floor commercial space. • An airlock or air curtain shall be integrated into the architecture. • Adding a temporary exterior airlock of any material to an existing building not allowed. Page 5 of 9 1.18 The roofscape should be designed with the same attention as the elevations of the building. • Consolidate mechanical equipment, including solar panels, and screen from view. • Locate mechanical equipment toward the alley, or rear of a building if there is no alley access. • Use varied roof forms or parapet heights to break up the roof plane mass and add visual interest. 1.19 Use materials that complement the design of the building facade. • Minimize the visual impact of elevator shafts and stairway corridors through material selection and placement of elements. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Lighting, Service, and Mechanical Areas 1.26 The design of light fixtures should be appropriate to the form, materials, scale, and style of the building. MANDATORY STANDARD Materials and Details 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. MANDATORY STANDARD 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. Page 6 of 9 1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of enhancing pedestrian and commercial uses along alleys. 1.34 Consider updating windows, doors, and/or primary entrances to better relate to the Character Area and pedestrian experience. 1.35 Design alterations to relate to the existing building style and form that may remain. 1.36 Incorporate elements that define the property line in accordance with Guideline 1.6. 1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged. • Minimize the appearance of ramps by exploring other on-site options such as altering interior floor levels or exterior grade. RELEVANT COMMERCIAL DESIGN STANDARDS AND GUIDELINES- COMMERCIAL CORE HISTORIC DISTRICT (GUIDELINES OF CONCERN ARE HIGHLIGHTED): Details and Materials 2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in architectural language within the Historic District. Consider the following design elements: form, materials, and fenestration. Pick two areas to relate strongly to the context. MANDATORY STANDARD Remodel 1.33 All remodel projects shall meet Standards 1.22 and 1.23. MANDATORY STANDARD 1.27 Trash and recycle service areas shall be co-located along an alleyway where one exists, and screened from view with a fence or door. • Screening fences shall be 6 feet high from grade (unless prohibited by the Land Use Code), shall be of sound construction, and shall be no less than 90% opaque, unless otherwise varied based on a recommendation from the Environmental Health Department. MANDATORY STANDARD 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. • Screen rooftop mechanical equipment and venting with a low fence or recess behind a parapet wall to minimize visual impacts. Page 7 of 9 • When relating to materials, use traditional application of materials commonly found in the Historic District, such as wood, brick and stone, and use similar texture and color to the historic context. • When relating to fenestration, large vertical windows on the ground level and punched vertical openings on upper levels, with a similar solid to void ratio, are appropriate. • When relating to form, note that rectangular forms are predominant with limited projecting or setback elements. Most roofs are flat, but some gables are present and these may be a reference for new design. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: Brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. RELEVANT COMMERCIAL DESIGN STANDARDS AND GUIDELINES- PEDESTRIAN AMENITY (GUIDELINES OF CONCERN ARE HIGHLIGHTED): MANDATORY STANDARD PA1.5 Street level Pedestrian Amenity areas shall be open to the sky. • Direct access to the Pedestrian Amenity from the street is required. • A street level Pedestrian Amenity space may be covered, subject to HPC or P&Z approval. If the space is covered, the street-facing portion shall be entirely open. MANDATORY STANDARD 2.9 Recessed entries are required. • Set a primary entrance back from the front façade a minimum of 4 feet. • Alternative options that define an entry and reinforce the rhythm of recessed entryways may be considered. • For corner lots, primary entries must face front lot line as determined by the Land Use Code and/or be located in the chamfered corner where applicable. MANDATORY STANDARD 2.10 Secondary recessed entrances are required for buildings on lots larger than 6,000 square feet, and on the secondary street for corner lots. Page 8 of 9 PA1.8 Street level Pedestrian Amenity space should reinforce the property line. Consider the context of the block when selecting an appropriate technique. Examples include: • Overhangs: A cantilevered roof or retractable awning that stretches to the property line. • Fences: A low fence, mostly transparent, that allows views into the Pedestrian Amenity space. • Landscape: Low planter boxes. If including trees, the mature tree canopy size should not prohibit views into the amenity space. Hedgerows over 42 inches are prohibited. • Street Furniture: Permanent, fixed benches or other pedestrian-related elements may be considered to establish property lines. • Surface Material: A change in hardscape material to differientiate between Pedestrian Amenity and right-of-way. PA2.4 Second floor Pedestrian Amenity should be equal to a minimum of 50% of the total Pedestrian Amenity requirement. MANDATORY STANDARD PA2.1 A second floor Pedestrian Amenity shall be in the form of a deck that is visible from, and adjacent to the street. • Railing height shall not be increased above the minimum IBC requirement. • Historic landmark parapets may be exempt, subject to HPC approval. • Railings shall be a minimum of 50% transparent unless located in the Commercial Core Historic District where transparent railings may not be appropriate, given the pattern of decorative cornices capping buildings. MANDATORY STANDARD PA2.3 Second floor amenity shall be accessed directly from the street. • Remodels and historic landmarks may be exempted from this requirement, subject to P&Z or HPC approval. • A separate exterior entrance is preferred. • A public access easement may be requested by the City as part of an approval. Page 9 of 9 MANDATORY STANDARD PA2.5 All second floor Pedestrian Amenity shall be open to the sky. • Small seasonal umbrellas or retractable canopies may be allowed, subject to Planning Staff, HPC or P&Z approval, as long as these features do not cover the entire space and do not obstruct views in from the street. MANDATORY STANDARD PA2.6 Design meaningful space that is useful, versatile and accessible. • Small unusable spaces are inappropriate. • Consider providing space for future outdoor merchandising or restaurant seating opportunities. • Providing good solar access, mountain views, and seating is recommended. MANDATORY STANDARD PA2.7 The Pedestrian Amenity shall be directly connected to a publicly accessible area. • A second floor Pedestrian Amenity in a lodge may be accessible from a restaurant, lobby, or other adjacent public space. • Access to second floor Pedestrian Amenity shall be integrated into the architecture, either through an interior or exterior space. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 13, 2022 Updated December 6, 2022 Aspen Historic Preservation Commission Aspen Community Development Department RE: 500 East Durant Avenue Dear HPC and Community Development Staff: Please accept this application for minor historic preservation review, consolidated commercial design review, exempt growth management review, exempt view plane review, and setback variances for mechanical equipment for the property located at 500 East Durant Avenue, aka 450 South Galena and 516 East Durant Avenue. The property is within the foreground of the Cooper Avenue view plane and the commercial core historic district but is not considered a designated landmark or a “contributing structure” to the historic district. Background The existing building was constructed in about 1974. The building exterior was largely unchanged until an elevator was added in 2005 to access the basement level. Growth management approval was granted in 2005 by the Planning and Zoning Commission via Resolution 16-2005 for the elevator addition. Proposal This application proposes to extend the elevator to access the second floor as the existing elevator only serves the basement level. Exterior and interior remodeling is proposed with a minor increase to net leasable area (nla) and floor area including larger balconies facing Durant Avenue, new windows, and new paint/color scheme. The existing net leasable area is reduced with the proposed project which is exempt from growth management. The project also is exempt from formula use regulations. Mechanical equipment needs to be replaced and Figure 1: Photograph of Galena Street façade with elevator access to basement level. Page 2 of 3 updated to meet current industry standards; however, existing mechanical locations and proposed new mechanical areas do not meet the specified 15-foot setback. Variances for mechanical equipment are requested in order to maintain the character-defining gable roof and to not interfere with the Cooper Avenue view plane. Consolidated HP Minor and Commercial Design Review Minor HP and commercial design review are requested for exterior changes. The prominent overhanging gable roof and character-defining open circulation and balconies are preserved in the remodel project. Proposed changes work with the existing modern chalet building character while updating the color palette, materials, and windows. A retractable awning and permanent awning frame are proposed to protect the outdoor dining facing Durant Avenue. The elevator is reworked and extended to access the second floor. The two balconies facing Durant Avenue are combined into one useable balcony for outdoor dining that will activate the upper floor with the street. The existing ground level outdoor dining remains and continues to add vitality to the streetscape. The main entrance to the restaurant on Durant Avenue is relocated and enclosed in a permanent vestibule, which will remove the unsightly fabric vestibule used by past tenants of the space. Second tier commercial space requirements are met as demonstrated in Exhibit 1.a, and pedestrian amenity requirements are met. The project does not trigger compliance with Chapter 12, Solid Wa ste, of the Municipal Code; however we are working closely with the City and our trash hauler to put all trash, recycle, and the grease tap on property to the best of our abilities. View Plane Review 500 East Durant is somehow in four different view planes: the Wheeler Opera House view plane (midground), the courthouse (midground), the Wagner Park view plane (midground), and the Cooper Avenue view plane (foreground). According to code section 26.435.050.c.1.a, the most restrictive view plane – Cooper Avenue – applies to the property. A view plane exemption is requested for existing venting that is proposed to be replaced within the view plane. The entirety of 500 East Durant is blocked by the designated three-story historic Independence Square Hotel as viewed from the Cooper Avenue view plane origination point (the old Cooper Street Pier bar). Setback Variances Some of the existing mechanical equipment is less than the required 15-foot setback from street facing facades. And an existing vent is located just shy of the 20-foot setback dimensional requirement. Variances for replacement of this equipment, vent and new equipment located on top of the elevator shaft is respectfully requested. Other than the vent, all equipment is fully screened and is not visible from the street. Typically, downtown buildings have a flat roof and locate mechanical equipment behind a screen on the rooftop; however 500 East Durant has a large gable roof indicative of Aspen’s modern chalet style. Preserving a variety of roof forms downtown enhances neighborhood character and is visually interesting. Maintaining the appearance of the prominent gable roof form means that existing mechanical is located behind screens on grade, and on non-street facing balconies. Existing mechanical areas are proposed to remain and equipment will be upgraded, which requires setback variances. A new small mechanical area is proposed behind a parapet on top of the elevator extension. The elevator has a flat roof and can Page 3 of 3 accommodate some hidden mechanical equipment without impacting the gable roof form and without infringing on the view plane; however due to the location of the elevator, the 15-foot setback is not met and a variance is needed. There are very few gable roofs in the downtown core, and this may be one of the only modern chalet style commercial buildings left in Aspen. Our goal is to complete the necessary equipment upgrades utilizing existing locations and the new flat roof on the extended elevator, while preserving the character-defining gable roof and its relationship to the AspenModern buildings within the historic district. We look forward to discussing this remodel project with you – we feel that it successfully meets many city goals including: remodel, rather than replace, an existing commercial building and to maintain Aspen’s eclectic commercial buildings in the downtown core by staying true to the modern chalet style. Please do not hesitate to contact me for a site visit or for additional information that will aid your review. Kind Regards, Sara Adams, AICP BendonAdams, LLC Exhibits 1. Response to Review Criteria a. Commercial Design and HP b. Growth Management Exemption c. View plane Exemption d. Setback variance for mechanical equipment 2. Pre-Application Summary 3. Land Use Application 4. Authorization to Represent 5. Agreement to Pay 6. HOA Form 7. Proof of Ownership a. 450 South Galena Investors LLC b. Marcus Durant Galena LLC c. 500 W Durant Common Area 8. Vicinity Map 9. Mailing List 10. Neighborhood context 11. Drawings, survey, materials 12. Response to referral comments Exhibit 1 Review Criteria Revised 12/6/22 1.a Commercial Design and HP Design Reviews 26.415.060.B.2 The City of Aspen Historic Preservation Design Guidelines, as amended, which are on file with the Community Development Department, will be used in the review of requests of certificates of no negative effect or certificates of appropriateness. Conformance with the applicable guidelines and the common development review procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed work: Response - Please find an analysis of the Commercial Core Historic District Design Standards and Guidelines. Commercial Design Standard Review uses the same design guidelines for the Commercial Core Historic District and the Historic Preservation Design Guidelines. As described below, the project conforms with the Historic Preservation Design Guidelines/Commercial, Lodging and Historic District Design Standards and Guidelines. 26.412.040 Commercial Design Procedures for Review. E. Consolidation of applications and combining of reviews. If a development project includes additional City land use approvals, the Community Development Director may consolidate or modify the review process accordingly, pursuant to Subsection 26.304.060.B of this title. If a proposed development, upon determination of the Community Development Director in consultation with the applicant, is of limited scope, the Director may authorize the application to be subject to a one-step process that combines both conceptual and final design reviews… Response - This application proposes minor exterior changes to the existing building including extending an existing elevator to the second floor, a retractable awning, extending an existing balcony, removing an exterior stair, and upgrades to exterior finishes, windows, streetscape, and mechanical areas. 26.412.060 Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. Guidelines and Standards 1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. 2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a variation pursuant to Section 26.412.040.D. 3. Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal. b. weight the applicable guidelines with the practicality of the measure. Exhibit 1 Review Criteria Revised 12/6/22 Commercial Design Standards and Guidelines – General Chapter 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. Response – No change to the footprint is proposed. Please refer to the vicinity map for a context study. 1.2 All projects shall respond to the traditional street grid. • A building shall be oriented parallel to the street unless uncharacteristic of the area. Refer to specific chapters for more information. • Buildings on corners shall be parallel to both streets. Response – n/a. 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. • This applies to landscape located both on-site and in the public right of way. • High quality and durable materials should be used. • Early in the design process, consider stormwater best management practices as an integral part of the landscape design process. Response – Proposed hardscape promotes outdoor dining which supports the street scene and vitality of the downtown core. A retractable awning, with NO sides, is proposed along Durant Avenue to provide sun protection on this south facing outdoor dining area. Figure 1: Rendering of proposed outdoor dining area. Exhibit 1 Review Criteria Revised 12/6/22 1.4 Where there is open space on a site, reinforce the traditional transition from public space to semi- public space to private space. • This may be achieved through a fence, a defined walkway, a front porch element, covered walkway, or landscape. Response – Grade level open space is defined by low fencing, landscape, and paving materials. The skeleton that supports the retractable awning also defines the outdoor dining area facing Durant Avenue. 1.5 – 1.14 n/a 1.15 Incorporate an internal airlock or air curtain into first floor commercial space. • An airlock or air curtain shall be integrated into the architecture. • Adding a temporary exterior airlock of any material to an existing building is not allowed. Response – A temporary exterior airlock (bottom left) is proposed to be replaced with a permanent vestibule that is integrated into the architecture as part of the relocated entryway (top right and bottom right). 1.16 Entries that are significantly taller or shorter than those seen historically or that conflict with the established scale are highly discouraged. • Transom windows above an entry are a traditional element that may be appropriate in neighborhoods with 19th century commercial buildings. • Entries should reflect the established range of sizes within the context of the block. Analyze surrounding buildings to determine appropriate height for entry doors. Response – The relocated entry door is sized to match existing. 1.17-1.21 – n/a. 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. Figure 4: Existing temporary vestibule and outdoor dining area. Figure 2: proposed interior vestibule. Figure 3: Elevation of proposed vestibule integrated within the existing building. Exhibit 1 Review Criteria Revised 12/6/22 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Response – Proposed materials are shown on sheets G1.11 – G1.14. The brick is proposed to be lime washed and blackened for a new look. Red cedarwood is an accent material on both street-facing facades, and as shingles on the roof. Small amounts of metal and board formed concrete are proposed to add texture. All building materials are found throughout the historic district, are durable, and non-reflective. Materials are a neutral color palette and contribute to the streetscape. 1.25 Architecture that reflects corporate branding of the tenant is not permitted. Response – n/a. 1.26 The design of light fixtures should be appropriate to the form, materials, scale and style of the building. Response – A light fixture proposed for the entire building is included in the application and at right. 1.27 - 1.29 – n/a. No change to trash/utility or delivery areas located in the alley. 1.30 Mechanical Equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. • Screen rooftop mechanical equipment and venting with a low fence or recess behind a parapet wall to minimize visual impacts Response – All mechanical equipment is screened from street view. Vents and ducts are not proposed to change location as part of the remodel. 1.33 All remodel projects shall meet Standards 1.22 and 1.23. Response – please see above. 1.34 Consider updating windows, doors, and/or primary entrances to better relate to the Character Area and pedestrian experience. Response – Windows, doors and entrances are updated to improve pedestrian experience and to create a stronger relationship between the building and surrounding context. Figure 5: proposed light fixture. Exhibit 1 Review Criteria Revised 12/6/22 1.35 Design alterations to relate to the existing building style and form that may remain. Response – The prominent gable roof with deep overhangs, upper level balcony, and large windows spanning into the gable end are maintained in the remodel. 1.36 Incorporate elements that define the property line in accordance with Guideline 1.6. Response – Low fencing, an awning and hardscape define the property line. 1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged. • Minimize the appearance of ramps by exploring other on-site options such as altering interior floor levels or exterior grade. Response – The existing elevator is extended to the second level to provide access to all levels of the building. Commercial Core Historic District 2.1 Maintain the alignment of facades at the property line. Response – n/a. 2.2 Consider a 45-degree champfer for corner lots where appropriate. Response – n/a. 2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in architectural language within the Historic District. Consider the following design elements: form, materials, and fenestration. Pick two areas to relate strongly to the context. Response – n/a. The building represents Aspen’s post war commercial buildings as a modern chalet. Design elements related to the modern chalet style - like form (prominent gable roof with deep overhangs and balconies), fenestration (windows spanning into gable end) and materials (wood and brick) - are maintained and updated. Relating to 19th century commercial buildings is not appropriate on this property. 2.4 Respect adjacent iconic historic structures. Response – The adjacent Independence Square Hotel is not impacted by the proposed remodel. Figure 6: Proposed material and window renovations in context with adjacent building Exhibit 1 Review Criteria Revised 12/6/22 2.5 The massing and proportions of a new building or addition should respond to the historic context. Response – The proposed elevator extension is subtle and appropriately located on the Galena Street façade that already contains exterior circulation and an elevator. The proportions of the elevator shaft are dictated by building code. Two exterior stair corridors are located on the Galena Street façade. The remodel proposed to remove the stair closest to the corner of Durant Avenue and replace it with a dining area on the second floor. The extended gable roof form and proportion are maintained, just the actual stairway is removed. 2.6 One story buildings on lots larger than 6,000 sf are discouraged. Response –n/a. 2.7 Buildings on lots larger than 6,000 sf should incorporate architectural features that break up the mass. Response –n/a. 2.8 Composition of the façade, including choices related to symmetry and asymmetry, should reflect the close readings of patterns established by the 19th century structures. Figure 7: Galena Street façade. Existing condition (top) and proposed (below). Arrow points to stair corridor proposed to be removed. Exhibit 1 Review Criteria Revised 12/6/22 Response – The composition of the façade is not proposed to significantly change. Windows and materials are upgraded, the elevator extended, and an exterior stair is removed, but the overall composition of the façade remains intact. 2.9 – 2.11 – n/a. 2.12 Maintain an architectural distinction between the street level and upper floors Response – The prominent second floor balcony distinguishes between street level and upper floors and is consistent with modern chalet style in Aspen. 2.13 Street level commercial storefronts should be predominantly glass. Response – The street level storefronts facing Durant Avenue are predominantly glass. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. Response – The primary materials of brick and wood are maintained and updated through finish. New wood, metal and board formed concrete materials are proposed to accent the existing building and add texture and visual interest. The overall color palette is neutral - grey and natural wood tones. Pedestrian Amenity A. Applicability and Requirement. The requirements of this Section shall apply to the development of all commercial lodging and mixed use development within the …CC Zone Districts…This area represents the City’s primary pedestrian-oriented downtown, as well as important mixed use service and lodging neighborhoods. Development in these zone districts consisting of entirely residential uses is exempt from these provisions. Remodel and renovation activities that do not trigger demolition, and which maintain 100% of the existing pedestrian amenity present of the site are exempt from this Section. Changes to pedestrian amenity space as a result of required accessibility or building code compliance are exempt from compliance with the 25% requirement if demolition is not triggered. Response – Pedestrian amenity is currently located on the ground level as outdoor dining and outdoor merchandising along Durant Avenue. There is a significant setback between the property line and the existing building that facilitates ground level amenity space. The proposed remodel continues to use the ground level amenity space as outdoor dining. A retractable awning and fencing are proposed to define the property line and to integrate the amenity space into the building’s architecture. Figure 8: Proposed neutral material palette. Exhibit 1 Review Criteria Revised 12/6/22 New amenity space is proposed on the upper level. Two existing private balconies are proposed to be expanded into one wraparound balcony that will serve as outdoor dining. The balcony is accessed directly from the exterior stairs and elevator on Galena Street. The property is 9,000 sf in size and the pedestrian amenity requirement is 2,250 sf (25%). There is currently 2,642 sf of pedestrian amenity onsite (1,697 sf ground level + 945 sf second floor). Proposed amenity space is 2,257 sf (1,697 sf ground + 560 sf second floor). PA1.1 Maximize solar access to Pedestrian Amenity space on the subject property. Response – Pedestrian amenity is on the south side of the property facing Aspen Mountain and Durant Avenue. PA1.2 Consider all four corners of an intersection when designing street level amenity space on a corner lot. Response – Existing amenity space between the property line and front façade of the existing building is proposed to be remodeled. PA1.3 Street level Pedestrian Amenity spaces should be equal to a minimum of 1/3 of the total Pedestrian Amenity requirement. Response – The property is required to have 2,250 sf of pedestrian amenity space. 1,679 sf of amenity space is located at grade which is 75% of the requirement. PA1.4 Street level Pedestrian Amenity shall be within 18 inches above or below the existing grade of the street or sidewalk which abuts the space. Response – Street level amenity space is flush with the sidewalk. PA1.5 Street level Pedestrian Amenity areas shall be open to the sky. Response – The amenity space is open to the sky. A retractable awning is proposed to protect diners from the sun. Sides are not proposed. The awning skeleton is permanent and integrated into the building design. PA1.6 Design meaningful street level space that is useful, versatile, and accessible. Response – The proposed street level space is useful and meaningful and is proposed to be used as outdoor dining which activates the streetscape without duplicating existing open space. PA1.7 Design amenity space that enhances the pedestrian experience and faces the street. Response – The existing amenity space faces the primary street. PA1.8 Street level Pedestrian Amenity space should reinforce the property line. Consider the context of the block when selecting an appropriate technique. Examples include: • Overhangs: A cantilevered roof or retractable awning that stretches to the property line. • Fences: A low fence, mostly transparent, that allows views into the Pedestrian Amenity space. • Landscape: Low planter boxes. If including trees, the mature tree canopy size should not prohibit views into the amenity space. Hedgerows over 42 inches are prohibited. • Street Furniture: Permanent, fixed benches or other pedestrian-related elements may be considered to establish property lines. • Surface Material: A change in hardscape material to differentiate between Pedestrian Amenity and right-of-way. Response – A retractable awning and low fence are proposed to define the property line. Exhibit 1 Review Criteria Revised 12/6/22 PA1.9 Street level Pedestrian Amenity may be appropriate on a case by case basis within the Commercial Core Historic District. Response – The street level amenity space already exists and works well on this property. PA1.10 – 1.11 – n/a. PA2.1 A second floor Pedestrian Amenity shall be in the form of a deck that is visible from and adjacent to the street. Response – The proposed second floor amenity space is a deck facing Durant Avenue. The proposed railing is horizontal wood with space between the slats. PA2.2 Pedestrian Amenity is highly discouraged on the roof of the second floor. Response – n/a. PA2.3 Second floor amenity shall be accessed directly from the street. Response –This is an existing building remodel project that already has access to the upper floor deck via the exterior stair and elevator on Galena Street. PA2.4 Second floor Pedestrian Amenity should be equal to a minimum of 50% of the total Pedestrian Amenity requirement. Response – The amenity space is combined with the street level amenity space to almost meet the overall 25% requirement for the property. PA2.5 All second floor Pedestrian Amenity shall be open to the sky. Response – The amenity space is open to the sky except for the existing deep overhang of the gable roof. This is a character-defining feature of the modern chalet style that is proposed to remain. PA2.6 Design meaningful space that is useful, versatile and accessible. Response – The space is proposed to be outdoor dining for the second floor restaurant. The area faces south with views of Aspen Mountain. PA2.7 The Pedestrian Amenity shall be directly connected to a publicly accessible area. Response – Access to the amenity space is either through the restaurant or from the upper level deck facing Galena Street. PA2.8 Design wayfinding to the second floor amenity into the architecture. Response – Wayfinding to the amenity space will be within the restaurant. Exhibit 1 Review Criteria Revised 12/6/22 Second Tier Commercial Space A. Applicability. 1. Development or redevelopment. This section applies to all new development and redevelopment in the CC…districts. Proposals that are 100% lodge projects shall be exempted from this requirement. Remodel and renovation activities that do not trigger demolition, and which maintain 100% of the existing second tier space present on the site are exempt from this Section. Changes to second tier space as a result of required accessibility or building code compliance are exempt from compliance with the section if demolition is not triggered. Response – The proposed project meets the second tier commercial space requirement through the Belly Up space in the basement level. Calculations are below: Table 1: Existing Conditions Net Leasable Area (square feet) Category Basement Level 5,595 sf Tier II Ground Floor 5,136 sf Prime Second Floor 3,282 sf Tier II Total Second Tier 8,877 sf Required Second Tier – 50% of existing second tier space 4,438.5 sf Table 2: Proposed Conditions Net Leasable Area Category Basement Level 5,595 sf Tier II Ground Floor 3,960 sf (T-shirt shop and Restaurant 1) Prime 248 (Restaurant 2 access) Prime Second Floor 2,520 sf (Restaurant 2 + balcony dining)1 Prime 1,055 sf (Office/Commercial) Tier II Mezzanine 332 sf (Office/Commercial) Tier II Total Second Tier 6,982 sf Required Second Tier 4,438.5.5 sf The basement level meets the second tier requirements and is the proposed second tier space for the project. Restaurant 1 and Restaurant 2 use a shared kitchen and a dumbwaiter connect the spaces which qualifies the restaurant on the upper level as prime space even though it has separate access from Galena Street via an internal staircase and the common elevator. Offices are located on the second level and mezzanine level with a common restroom and access from the exterior stairs from Galena Street and common elevator from Galena Street. 1 2,268 sf restaurant 2 + 252 sf dining on enclosed balcony = 2,520 sf. Exhibit 1 Review Criteria Revised 12/6/22 1.b 26.470 Growth Management 26. Sec. 26.470.070. Exempt development. The following types of development shall be exempt from the provisions of this Chapter. Development exempt from growth management shall not be considered exempt from other chapters of the Land Use Code. Where applicable, exemptions are cumulative. (e) Remodeling of existing commercial development. Remodeling of existing commercial buildings and portions thereof shall be exempt from the provisions of growth management, provided that demolition is not triggered, no additional net leasable square footage is created, and there is no change in use. If redevelopment involves an expansion of net leasable square footage, the replacement of existing net leasable square footage shall not require growth management allotments and shall be exempt from providing affordable housing mitigation only if that space previously mitigated. Existing, prior to demolition, net leasable square footage and lodge units shall be documented by the City Zoning Officer prior to demolition. Also see definitions of demolition and net leasable commercial space, Section 26.104.100. If Demolition is triggered not due to remodel activity but is determined by the Community Development Director to be required for Normal Maintenance as defined in Title 26 (see definition in Section 26.104.100) or to rectify life safety issues, such as replacing a failing roof or mold removal, the square footage impacted by the work shall be exempt from this Section. This provision shall not be allowed to increase the height, floor area, net livable area or net leasable area of a building beyond what is the minimum necessary required to comply with the Building Code. Response – The proposed remodel does not increase net leasable area and does not trigger demolition, calculations are provided below and in Exhibit 11 of the application. Net leasable area is reduced through the conversion of existing tenant space to common corridors and common restrooms accessible that serve all tenants and bring the building into Code compliance. The building remains 100% commercial – no change in use pursuant to the GMQS use categories is proposed. Table 3: Floor Area and Net Leasable Existing Proposed Difference Net Leasable 14,013 sf 13,710 sf -303 sf Floor Area 9,996 sf 10,580 sf +584 sf Exhibit 1 Review Criteria Revised 12/6/22 1.C 26.435.050 – Mountain view plane review (c) Applicability. (1) General. This Section designates seven (7) view planes to regulate the height, mass and design of structures to preserve mountain views, as seen from designated reference points. This Section applies to all development located within the established mountain view planes, unless exempted pursuant to Subsection 26.435.050(d). In addition, the following shall apply: a. If a development falls within more than one view plane, the more restrictive of the applicable view planes shall apply. b. If at least fifty percent (50%) of the gross lot area of a parcel falls within a view plane and the balance falls outside of a view plane, then the view plane standards apply to development on the entire parcel. If less than fifty percent (50%) of the gross lot area of a parcel falls within a view plane, then only that portion of the lot within the view plane is subject to the standards in this Section. c. This Section shall not limit the ability of development to occur below a view plane. If development on a property is within the lateral extent of a view plane but does not infringe into the view plane, then that development is not subject to the requirements of this Section. Response – All new additions including the elevator shaft and enlarged balcony are located below the Cooper Street view plane as demonstrated on sheets HPC4.1 – 4.4. Features above the view plane are addressed below. (d) Exemptions. The following development activities on properties located in the mid- and background of a view plane are exempt from the provisions of this Section and may proceed directly to zoning compliance check and building permit review, where the applicant shall demonstrate the improvement meets the following review criteria. (2) Attached Building Features. a. Attached building features, including those features listed in Section 26.575.020(f)(4), Allowed Exceptions to Height Limitations, and mechanical equipment or building appurtenances (including but not limited to a satellite dish, HVAC equipment, stairwell enclosure, elevator shaft, ventilation equipment, or skylights) that are added to an existing building are exempt only with the following setbacks and when the height of the feature complies with Section 26.575.020(f)(4), Allowed Exceptions to Height Limitations. Response - Mechanical equipment replacements and new equipment are located below the view plane; however, the equipment on top of the elevator shaft does not meet the 15-foot setback requirement. Existing grease vents on both the east and west elevations are within the view plane and need to be replaced. Vents and mechanical above the view plane toward the rear of the building meet the required setbacks for an exemption. The vent shown in yellow below along Galena Street exists and cannot be relocated to meet the 20-foot setback requirement. The Galena Street vent is outside the actual Cooper Street view plane; however more than 50% of the property is encompassed by the Cooper Street view plane. Exhibit 1 Review Criteria Revised 12/6/22 The vent almost qualifies for a mechanical exemption, but it is just shy of the required 20 feet setback from Galena Street (see diagram at right). Figure 9: Roof plan with Cooper Avenue view plane shown in green. Vent in question is highlighted in yellow. Dotted lines illustrate the 15’ and 20’ setbacks for mechanical and venting respectively. Figure 10: View of 500 East Durant from view plane origin. Historic landmark blocks the entire view of the existing building. Figure 11: West elevation showing vent and mechanical area on top of proposed elevator shaft (existing top and proposed bottom) Exhibit 1 Review Criteria Revised 12/6/22 b. All mechanical and ventilation equipment, including the replacement of existing equipment, located within a view plane shall require a mechanical permit, be installed to the minimum height required per manufacturer standards, and shall not be visible from the reference point and from the street level. Response - The historic three-story Independence Square Hotel completely blocks the subject project from the reference point (see photo at right, subject property is not visible). e) Administrative Review. An addition to a structure or an attached building feature that does not meet the criteria in Subsections (1) and (2) above may be approved by the Community Development Director through Administrative Review if: (1) The Infringement is erected only to the minimum height needed to accomplish the purpose for which it serves and the height and setbacks comply with the standards of Section 26.575.020, the dimensional requirements of Chapter 26.710, and the Design Guidelines and Standards in Chapter 26.412, Commercial Design Review or 26.415, Historic Preservation, as applicable; or Response- We respectfully request an administrative review and approval of the proposed vent that extends into the view plane and does not meet the 20-foot setback requirement to be exempt. (2) The Infringement cannot be seen with the naked eye from the reference point as demonstrated by a visual resource analysis. Figure 12: East elevation showing view plane and venting/mechanical (existing top and proposed bottom). Exhibit 1 Review Criteria Revised 12/6/22 Response – As shown above, the historic three-story Independence Square Hotel completely blocks the subject project from the reference point. 1.D 26.314.040 – Standards applicable to variances (a)In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: (1) The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Response- Setback variances to allow mechanical equipment within 15 feet of the building façade and a vent within 20 feet of the building façade is consistent with the goals of the commercial core historic district and the commercial design standards. Both documents support and encourage a variety of roof forms downtown to add visual interest to the built environment. The proposed locations of mechanical equipment and a replacement vent facilitate the preservation of a prominent gable roof form that represents Aspen’s architecturally recognized modern chalet style. Upgraded mechanical equipment is more energy efficient and environmentally sustainable than the existing older equipment, which aligns with the city’s environmental initiatives. (2) The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Response – The grant of variance is the minimum needed to facilitate installation of upgraded mechanical equipment and venting for tenants. Tenants cannot occupy the building without the proper venting and mechanical equipment as required by building codes. (3) Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Response – The existing building has a gable roof (not a flat roof) which is rare for a commercial building in Aspen. The gable roof creates a special condition where rooftop mechanical is impossible to screen. In addition to the gable roof, the property is impeded by the Cooper Avenue view plane which pushes mechanical equipment locations toward Durant Avenue. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Natalie Feinberg Lopez, natalie.feinberglopez@aspen.gov DATE: July 28, 2022 LOCATION: 450 S. Galena Street REQUEST: HPC Minor Development, View Plane Exemption, Growth Management REPRESENTATIVE: Sara Adams, sara@bendonadams.com DESCRIPTION: 450 S. Galena is located in the downtown Commercial Core (CC) Historic District, though the property itself is not historically significant. A number of changes to at least one commercial space in the building, Belly Up, are contemplated including the addition of an interior elevator, an interior remodel, changes in windows like for like, new exterior finishes, new mechanical equipment at grade and on the roof, an expansion to a balcony and enclosure of area below it, and an outdoor dining area. Land Use review processes needed may include Commercial Design Review (including Pedestrian Amenity and Second Tier), Growth Management for any increase in net leasable, and View Plane as the property falls within three viewplanes; the Cooper Avenue viewplane seeming to be the most restrictive (survey clarification is needed). The exterior scope appears limited enough to combine all reviews (including consolidation of Conceptual and Final Commercial Design Review) into one step. Staff will evaluate the project and make a recommendation to HPC, and HPC will make a decision to approve, approve with conditions, or deny the proposal. Following approval, if granted, staff will inform City Council of the Historic Preservation Commission’s decision, allowing them the opportunity to uphold HPC’s decision or to “call up” any aspects of the approval that they find require additional discussion. This is a standard practice for Commercial Design Review. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.412.040.E Consolidation of Applications and Combining Reviews 26.412.040.F Appeals, Notice of Approval and Call-up 26.412.060.A Commercial Design Guidelines and Standards 26.412.070.B Pedestrian Amenity 26.412.080 Second Tier Commercial Space 26.415.070.D Historic Preservation Commission - Minor Development 26.435.050 Mountain View Plane Review 26.470.090.C Administrative GMQS review for net leasable expansion, if qualified 26.470.100.E Expansion of new commercial development, if not Administrative 26.575.020 Calculations and Measurements 26.710.140 Commercial Core (CC) Below are links to relevant documents and a list of information needed to submit an application. For your convenience – links to the Design Guidelines and Land Use Code are below. Commercial Design Guidelines and Standards Historic Preservation Land Use Application Packet Review by: Staff for completeness and recommendation HPC for decision Public Hearing: Yes. Neighborhood Outreach: No. Referrals: Staff will seek referral comments from the Building Department (no fee), Zoning (no fee) and Engineering regarding any relevant code requirements or considerations. Planning Fees: $1,300 for 4 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) Referral Agencies Fee: Engineering, a deposit of $325 per hour. Total Deposit: $1,625 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 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. The survey must also indicate all applicable view planes across the property, indicating Foreground or Background. □ A written description of the proposal and an explanation of how the proposed development complies with the relevant review standards and design guidelines □ A site plan and scaled drawings of all proposed structures or additions depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations □ An accurate representation of all exterior building materials to be used in construction represented by samples and/or photographs □ Visual depiction of the proposed exterior changes in the context of the overall block. □ Scaled drawings depicting any intrusion into a viewplane and photographic assessments of the impact on the viewplane □ Existing and proposed Pedestrian Amenity calculations □ Existing and proposed Second Tier space calculations □ Existing and proposed floor area and net leasable calculations 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. 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 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) BendonAdams 300 South Spring Street, Suite 202, Aspen CO 81611 970.925.2855 Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: x xx x 273718222007, 273718222008, 273718222800 500 E. Durant Ave/516 East Durant Ave/450 S. Galena St, Aspen, CO 81611 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 7, 2022 Amy Simon Planning Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 500 E. Durant Avenue, Unit 1 Ms. Simon: Please accept this letter authorizing BendonAdams LLC to represent our ownership interests in 500 E. Durant Avenue and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property – 500 E. Durant Ave., Aspen, CO 81611 Legal Description – Subdivision: Durant Galena Units1 Parcel ID – 2737-182-22-008 Owner – Marcus Durant Galena LLC Kind Regards, James Marcus Marcus Durant Galena LLC PO Box 1709 Aspen, CO 81611 Exhibit 4 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 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 the 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) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed 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: date: Owner printed name: or, Attorney signature: date: Attorney printed name: 500 E Durant Aspen, CO 81611 Marcus Durant Galena LLC Exhibit 6 September 12, 2022 James Marcus Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABS62014126 Date: 03/29/2022 Property Address:500 E DURANT AVE # 2, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance George Rietsch 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4151 (Work) grietsch@ltgc.com Agent for Buyer BENDONADAMS Attention: ERIN WACKERLE 300 S SPRING STREET SUITE 202 ASPEN, CO 81611 (406) 531-0806 (Cell) (970) 925-2855 (Work) erin@bendonadams.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS62014126 Date: 03/29/2022 Property Address:500 E DURANT AVE # 2, ASPEN, CO 81611 Parties:A BUYER TO BE DETERMINED 450 SOUTH GALENA STREET INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 04/03/2006 under reception no. 522534 Plat Map(s): Pitkin county recorded 05/05/1977 under reception no. 194159 Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 500 E DURANT AVE # 2, ASPEN, CO 81611 1.Effective Date: 03/18/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: 450 SOUTH GALENA STREET INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: UNIT 2, THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85 AND 86, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS62014126 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62014126 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES, IF ANY. NOTE: UPON RECEIPT OF AN AFFIDAVIT FROM OWNER STATING THAT THE ONLY LEASE AND TENANCY ON THE PROPERTY IS WITH BELLY UP ASPEN, LLC, THE ABOVE EXCEPTION WILL BE AMENDED TO READ: RIGHTS OF TENANT AS TENANT ONLY PURSUANT TO AN UNRECORDED LEASE DATED APRIL 3, 2006 BETWEEN 450 SOUTH GALENA STREET INVESTORS, LLC AND BELLY UP ASPEN, LLC 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED SEPTEMBER 8, 1885 IN BOOK 23 AT PAGE 237, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 235, RECORDED FEBRUARY 9, 1888 IN BOOK 59 AT PAGE 347, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN MINERAL DEEDS RECORDED JUNE 15, 1891 IN BOOK 98 AT PAGE 536, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 494, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 491, AND RECORDED JUNE 20, 1891 IN BOOK 98 AT PAGE 551, RECORDED SEPTEMBER 4, 1891 IN BOOK 105 AT PAGE 129, RECORDED OCTOBER 23, 1891 IN BOOK 105 AT PAGE 216, RECORDED DECEMBER 29, 1892 IN BOOK 106 AT PAGE 482, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014126 11.ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE ASPEN SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED FEBRUARY 09, 1951, IN BOOK 175 AT PAGE 472. 12.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 13.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF MAILING OF DECLARATION OF INTENTION TO ESTABLISH PEDESTRIAN MALL RECORDED DECEMBER 15, 1975 IN BOOK 306 AT PAGE 665. 14.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED MAY 05, 1977 IN BOOK 328 AT PAGE 346. 15.CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUMS, WHICH DOES NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MAY 05, 1977, IN BOOK 328 AT PAGE 348. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL. 16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE DURANT GALENA CONDOMINIUM RECORDED MAY 05, 1977 UNDER RECEPTION NO. 194159. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN OVERDIG AND EASEMENT AGREEMENT RECORDED MAY 11, 1981 IN BOOK 408 AT PAGE 216, AND RE-RECORDED JANUARY 29, 1982 IN BOOK 420 AT PAGE 579, AS EXPANDED BY ACCESS AND EASEMENT AGREEMENT RECORDED NOVEMBER 28, 2007 UNDER RECEPTION NO. 544450. 18.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #20, SERIES OF 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438634. 19.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED SEPTEMBER 26, 2012 UNDER RECEPTION NO. 592567. 20.EASEMENTS AND NOTES ON THE PLAT OF IMPROVEMENT SURVEY PLAT RECORDED JANUARY 27, 2022 UNDER RECEPTION NO. 684644. 21.DEED OF TRUST DATED APRIL 22, 2013, FROM 450 S. GALENA STREET INVESTORS LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO FOR THE USE OF ANB BANK TO SECURE THE SUM OF $1,875,000.00 RECORDED APRIL 23, 2013, UNDER RECEPTION NO. 598916. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED APRIL 29, 2013, UNDER RECEPTION NO. 599072. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014126 22.FINANCING STATEMENT WITH, ANB BANK THE SECURED PARTY, RECORDED APRIL 23, 2013 UNDER RECEPTION NO. 598917 AND UCC CONTINUATION RECORDED NOVEMBER 20, 2017 UNDER RECEPTION NO. 643262. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014126 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National 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; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABS62014125 Date: 03/29/2022 Property Address:500 E DURANT AVE # 1, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance George Rietsch 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4151 (Work) grietsch@ltgc.com Agent for Buyer BENDONADAMS Attention: ERIN WACKERLE 300 S SPRING STREET SUITE 202 ASPEN, CO 81611 (406) 531-0806 (Cell) (970) 925-2855 (Work) erin@bendonadams.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS62014125 Date: 03/29/2022 Property Address:500 E DURANT AVE # 1, ASPEN, CO 81611 Parties:A BUYER TO BE DETERMINED MARCUS DURANT GALENA, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 09/24/2003 under reception no. 488790 Pitkin county recorded 09/24/2003 under reception no. 488789 Plat Map(s): Pitkin county recorded 05/05/1977 under reception no. 194159 at book 5 page 85 Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 500 E DURANT AVE # 1, ASPEN, CO 81611 1.Effective Date: 03/18/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: MARCUS DURANT GALENA, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: UNIT 1, THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS62014125 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62014125 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES. 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 18, 1884 IN BOOK 23 AT PAGE 70, RECORDED FEBRUARY 13, 1885 IN BOOK 23 AT PAGE 141, RECORDED SEPTEMBER 8, 1885 IN BOOK 23 AT PAGE 237, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 235, RECORDED FEBRUARY 9, 1888 IN BOOK 59 AT PAGE 347, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN MINERAL DEEDS RECORDED JUNE 15, 1891 IN BOOK 98 AT PAGE 536, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 494, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 491, AND RECORDED JUNE 20, 1891 IN BOOK 98 AT PAGE 551, RECORDED SEPTEMBER 4, 1891 IN BOOK 105 AT PAGE 129, RECORDED OCTOBER 23, 1891 IN BOOK 105 AT PAGE 216, RECORDED DECEMBER 29, 1892 IN BOOK 106 AT PAGE 482, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN 11.ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE ASPEN SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED FEBRUARY 09, 1951, IN BOOK 175 AT PAGE 472. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014125 12.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LEASE AGREEMENT RECORDED JUNE 19, 1974 IN BOOK 288 AT PAGE 494. 13.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 14.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF MAILING OF DECLARATION OF INTENTION TO ESTABLISH PEDESTRIAN MALL RECORDED DECEMBER 15, 1975 IN BOOK 306 AT PAGE 665. 15.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED MAY 05, 1977 IN BOOK 328 AT PAGE 346. 16.CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUMS, WHICH DOES NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MAY 05, 1977, IN BOOK 328 AT PAGE 348. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL. 17.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE DURANT GALENA CONDOMINIUM RECORDED MAY 05, 1977 UNDER RECEPTION NO. 194159. 18.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN OVERDIG AND EASEMENT AGREEMENT RECORDED MAY 11, 1981 IN BOOK 408 AT PAGE 216, AND RE-RECORDED JANUARY 29, 1982 IN BOOK 420 AT PAGE 579, AS EXPANDED BY ACCESS AND EASEMENT AGREEMENT RECORDED NOVEMBER 28, 2007 UNDER RECEPTION NO. 544450. 19.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #20, SERIES OF 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438634. 20.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #54, SERIES 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT TO REMODEL A STOREFRONT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438639. 21.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT RECORDED SEPTEMBER 26, 2012 UNDER RECEPTION NO. 592567. 22.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF IMPROVEMENT SURVEY PLAT RECORDED JANUARY 27, 2022 UNDER RECEPTION NO. 684644. 23.DEED OF TRUST DATED FEBRUARY 05, 2021, FROM MARCUS DURANT GALENA, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO FOR THE USE OF ALPINE BANK, A COLORADO BANKING CORPORATION TO SECURE THE SUM OF $6,000,000.00 RECORDED FEBRUARY 18, 2021, UNDER RECEPTION NO. 673692. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014125 SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED FEBRUARY 18, 2021, UNDER RECEPTION NO. 673693. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014125 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National 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; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABS62014127 Date: 03/29/2022 Property Address:500 E DURANT AVE COMMON AREA, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance George Rietsch 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4151 (Work) grietsch@ltgc.com Agent for Buyer BENDONADAMS Attention: ERIN WACKERLE 300 S SPRING STREET SUITE 202 ASPEN, CO 81611 (406) 531-0806 (Cell) (970) 925-2855 (Work) erin@bendonadams.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS62014127 Date: 03/29/2022 Property Address:500 E DURANT AVE COMMON AREA, ASPEN, CO 81611 Parties:A BUYER TO BE DETERMINED ALL THE VESTED OWNERS OF THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 05/05/1977 under reception no. 194159 Plat Map(s): Pitkin county recorded 05/05/1977 at book 5 page 85 Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 500 E DURANT AVE COMMON AREA, ASPEN, CO 81611 1.Effective Date: 03/18/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: ALL THE VESTED OWNERS OF THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO 5.The Land referred to in this Commitment is described as follows: ALL THE LIMITED COMMON AREA, GENERAL COMMON AREAS, THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS62014127 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62014127 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES. 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 18, 1884 IN BOOK 23 AT PAGE 70, RECORDED FEBRUARY 13, 1885 IN BOOK 23 AT PAGE 141, RECORDED SEPTEMBER 8, 1885 IN BOOK 23 AT PAGE 237, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 235, RECORDED FEBRUARY 9, 1888 IN BOOK 59 AT PAGE 347, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN MINERAL DEEDS RECORDED JUNE 15, 1891 IN BOOK 98 AT PAGE 536, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 494, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 491, AND RECORDED JUNE 20, 1891 IN BOOK 98 AT PAGE 551, RECORDED SEPTEMBER 4, 1891 IN BOOK 105 AT PAGE 129, RECORDED OCTOBER 23, 1891 IN BOOK 105 AT PAGE 216, RECORDED DECEMBER 29, 1892 IN BOOK 106 AT PAGE 482, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN 11.ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE ASPEN SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED FEBRUARY 09, 1951, IN BOOK 175 AT PAGE 472. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014127 12.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LEASE AGREEMENT RECORDED JUNE 19, 1974 IN BOOK 288 AT PAGE 494. 13.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 14.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF MAILING OF DECLARATION OF INTENTION TO ESTABLISH PEDESTRIAN MALL RECORDED DECEMBER 15, 1975 IN BOOK 306 AT PAGE 665. 15.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED MAY 05, 1977 IN BOOK 328 AT PAGE 346. 16.CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUMS, WHICH DOES NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MAY 05, 1977, IN BOOK 328 AT PAGE 348. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL. 17.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE DURANT GALENA CONDOMINIUM RECORDED MAY 05, 1977 UNDER RECEPTION NO. 194159. 18.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN OVERDIG AND EASEMENT AGREEMENT RECORDED MAY 11, 1981 IN BOOK 408 AT PAGE 216, AND RE-RECORDED JANUARY 29, 1982 IN BOOK 420 AT PAGE 579, AS EXPANDED BY ACCESS AND EASEMENT AGREEMENT RECORDED NOVEMBER 28, 2007 UNDER RECEPTION NO. 544450. 19.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #20, SERIES OF 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438634. 20.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #54, SERIES 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT TO REMODEL A STOREFRONT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438639. 21.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT RECORDED SEPTEMBER 26, 2012 UNDER RECEPTION NO. 592567. 22.EASEMENTS AND NOTES ON THE PLAT OF IMPROVEMENT SURVEY PLAT RECORDED JANUARY 27, 2022 UNDER RECEPTION NO. 684644. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014127 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National 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; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 534 534534 534534 601 601 625 625 625 535 535 535 535535 535 535 508 520520 520520 520520520520520520 520520 520520520 520520520520 630 630 630 535 505302 312 308 601 534 521 517 617 617 617 630 630 617 617 617 531531 531 531 531 531 555 555 555 555 555555555555 555555555555555 555555555555 555555555555555 630 630 630 630 630 617617617617617617617617617617617617 617617617617617617617617617617617617617617617 617 617617617617617617617617 617 617 617617617 617 617 617 617 617 617 617 617 617617 617617617617617617617617617617617617 617 617 617 617617617617617617617617617617617 617 617617617617617617617617617 620602600 409 675665635 613 675 624 609607 601 605 408 402 520 535 533529525406 403 501 404 404 404404 404 404 404 404404 404404 404404 404 404404 404404 555 555 555 555 555 555 555 555 555555 555555 555555555 555 555 555 555 555555555555555 555555555555 555555555555555 555 555555 433 450 510 516 501450 429 419 419 415 433 447 307 318 320 500 304 309 430424 434 422 416 420 315 308 314 312 316 E DUR A N T A V E S SPRING STE DUR A N T A V ES HUNTER STE COO P E R A V E S HUNTER STS HUNTER STS HUNTER STE HYMAN AV E S GALENA STE COO P E R A V E S GALENA STDEAN S T E DURA N T A V ES GALENA STDEAN S T Date: 3/14/2022 Geographic Information Systems This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2022 City of Aspen GIS 0 0.01 0.030.01 mi When printed at 8.5"x11" 4 Legend Roads Zoomed In Scale: 1:1,374 500 E. Durant Vicinity Map 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. 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From Parcel: 273718222800 on 09/07/2022 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 127 ASPEN SQUARE LLC GALVESTON, TX 77554 144B SPANISH GRANT 135 BPM LLC JACKSON, WY 83002 680 S CACHE ST #100-10820 213 ASPEN SQUARE LLC BASALT, CO 816218302 841 HILLCREST DR 403 SOUTH GALENA LLC MIAMI, FL 33127 244-250 NW 35TH ST 414 422 EAST COOPER AVENUE LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 423 ASPEN SQUARE LLC AUSTIN, TX 78739 10621 REDMOND RD 434 EAST COOPER AVENUE LLC ASPEN, CO 81611 516 E HYMAN AVE 2ND FL 447 EAST COOPER AVE HOLDINGS LLC ASPEN, CO 81611 400 E MAIN ST 450 S GALENA ST INVESTORS LLC ASPEN, CO 81611 450 S GALENA ST #202 555 E DURANT HOLDINGS LLC MILFORD, MA 01757 221 E MAIN ST #203 617 E COOPER 303 ASE LLC BOSTON, MA 02116 31 ST JAMES AVE, STE 740 ABELMAN JARED SAINT PETERSBURG, FL 33701 199 DALI BLVD #407 ABRAMSON FAMILY REV TRUST HEALDSBURG , CA 95448 1083 VINE ST #228 AGM INVESTMENTS LLC AUSTIN, TX 78704 1511 NICKERSON ST AGRUSA LISA ANN ESTERO, FL 33928 4761 W BAY BLVD #1704 AJAX MTN ASSOCIATES LLC ASPEN, CO 81611 520 E DURANT ST #207 ANDERSON ROBERT M & LOUISE E ALBUQUERQUE, NM 871234217 1525 CATRON AVE SE ANDINA SUPER LLC MANLY NSW AUSTRALIA 1655, PO BOX 1177 ARSCOTT CHERIE GULF STREAM, FL 33483 582 PALM WY AS 134 LLC SAN FRANCISCO, CA 94147 PO BOX 475027 ASHKENAZY ASPEN COMMERCIAL LLC NEW YORK, NY 10022 600 MADISON AVE 15TH FL ASHKENAZY ASPEN HOTEL LLC NEW YORK, NY 10022 600 MADISON AVE 15TH FL ASHKENAZY ASPEN REALTY LLC NEW YORK, NY 10022 600 MADISON AVE 15TH FL ASPEN & COMPANY LLC FISHKILL, NY 12524 4 LAFAYETTE CT ASPEN GROVE ASSOCIATES LLP GLENWOOD SPRINGS, CO 81601 51027 HWY 6 &24 #100 ASPEN KOEPPEL LLC MIAMI, FL 33133 2627 S BAYSHORE DRIVE # 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GPS MONUMENT #2S. GALENA & E. DURANTBRASS CAPS01°27'08"W158.81'7928 XXXXXXEX-UEEX-UEEX-UEEX-UECTVCTVCTVTTTTTTTTTTTTCTVCTVCTVCTVCTVCTVCTV FOFOFOFOFOFOFOFOFOGGGGGGGGGGEX-UEEX-UETTFO FO FO FO FOGGGGGGGGGGGEX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UEFOFOFOFOXXXEAVEEL=7953.0'F.F. MAINLEVELEL=7932.8'F.F. SECONDLEVELEL=7943.8'EAVEEL=7953.1'RIDGEEL=7962.6'EAVEEL=7953.2'EAVEEL=7952.7'RIDGEEL=7958.1'F.F. MAINLEVELEL=7932.8'F.F. SECONDLEVELEL=7943.9'RIDGEEL=7956.3'RIDGEEL=7956.3'F.F. 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LOWERLEVELEL=7921.68'ELECTRICMETER X2ELECTRICBOX(TYPICAL)WATERMANHOLEF.F.EL=7933.02'COURTHOUSE2VIEWPLANESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSAPPROX. SEWERLINEADJOINER BUILDINGRIDGEEL=7970.8'C.O.A. GPSMON #2S60°59'37"W51.60'N12°03'13"E744.14'C.O.A. GPSMON #5CONCRETEPAN7 9 3 0 79297928792979307931793279337932CONCRETE CURB & GUTTERCONCRETE CURB & GUTTERVVVVVVENT(TYP.)F.F.EL=7932.94'F.F. 2NDLEVEL DECKEL=7949.28'LAWNRAMP TIEWALLSTEPS STORMGRATEWVWVWVNOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.ByNO.DateProject NO.RevisionDrawn By:Checked By:Date:Computer File:P.O. Box 1746Rifle, CO 81650Phone (970) 625-1954Fax (970) 579-7150www.peaksurveyinginc.comSNWEPeak Surveying, Inc.Est. 2007211471 OF 1MARCUS DURANT GALENA, LLCASPEN, COLORADOIMPROVEMENT AND TOPO SURVEYLOTS, K, L, AND M, BLOCK 96, COA500 EAST DURANT AVENUESFJRNFEBRUARY 01, 2022147 DWGSUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'HATCH LEGENDBOUNDARYLINE TYPE LEGENDSTORM SEWERELECTRICEASEMENTEX-STEX-UEASPHALTCONCRETESYMBOL LEGENDWATER SHUT OFFGAS METERGSET MONUMENTELEC. TRANS.EDGE OF ROADIRRIGATION VALVEFOUND MONUMENTSEWER MANHOLEELEC. METERSSPOT ELEVATIONSAIR COND. UNITOSW 100YR FLOODPLAINPVC DRAIN LINETELEPHONETCABLE TVCTVGASLINEGFIBER OPTICFOTELEPHONETSTORM DRAINDELEC. OUTLOOKADJ. BOUNDARYSTONE WALLCABLE TV PED.STREET LIGHTSEWER LINESSWATER LINEW0000.00'SODEEA.C.ICVNESW0306090120150180210240270300330P e ak S urveying, Inc.0101020405IMPROVEMENT SURVEY PLAT & TOPOGRAPHIC SURVEYTHE DURANT GALENA CONDOMINIUMSACCORDING TO THE CONDOMINIUM MAP LOTS K-M RECORDED MAY 05, 1977 IN PLAT BOOK 5 PAGE 85,CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPROPERTY DESCRIPTIONTHE DURANT GALENA CONDOMINIUMS ACCORDING TO THE CONDOMINIUM MAP RECORDEDMAY 05, 1977 IN PLAT BOOK 5 PAGE 85, CITY OF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO.NOTES:1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDINGSETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN INTHE TITLE POLICY PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. QTF62012318,POLICY DATED FEBRUARY 18, 2021.2) THE DATE OF THIS SURVEY WAS NOVEMBER 29, DECEMBER 22, 2021, AND JANUARY 04, & 27,2022.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S14°50'49"W BETWEEN THENORTHEAST CORNER, A PK NAIL AND SHINER P.L.S# 38215 FOUND IN PLACE AND THESOUTHEAST CORNER, A PK NAIL AND SHINER P.L.S# 38215 FOUND IN PLACE.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS SURVEY IS BASED ON THE CONDOMINIUM MAP RECORDED MAY 05, 1977 IN PLAT BOOK 5AT PAGE 85 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND INPLACE.6) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE WESTERN COLORADORTVRN GPS NETWORK (1988 ORTHO DATUM) YIELDING AN ON-SITE ELEVATION OF 7932.63' ONTHE SOUTHEAST BOUNDARY CORNER AS SHOWN. CONTOUR INTERVAL EQUALS 1 FOOT.7) MOUNTAIN VIEWPLANES ARE SHOWN PER THE CITY OF ASPEN GIS WEBSITE AND RECORDEDDOCUMENTS.8) THE SUBJECT PROPERTY IS ZONED (CC) COMMERCIAL CORE. ACCORDING TO THE CITY OFASPEN COMMUNITY DEVELOPMENT WEBSITE THERE ARE NO DIMENSIONAL REQUIREMENTSFOR YARD SETBACKS AND A HEIGHT RESTRICTION OF 28 FEET. SETBACKS AND HEIGHTSSHOULD BE VERIFIED WITH COMMUNITY DEVELOPMENT PRIOR TO ANY PLANNING, DESIGN ORCONSTRUCTION.9) ACCORDING TO THE CITY OF ASPEN COMMUNITY DEVELOPMENT WEBSITE THE SUBJECTPROPERTY IS LOCATED WITHIN THE HISTORIC DISTRICTS.IMPROVEMENT SURVEY STATEMENTI, JASON R. NEIL, HEREBY CERTIFY TO MARCUS DURANT GALENA, LLC, A COLORADO LIMITEDLIABILITY COMPANY, THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THELAWS OF THE STATE OF COLORADO; THAT THIS IMPROVEMENT SURVEY PLAT IS TRUE,CORRECT AND COMPLETE BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF AS LAIDOUT AND SHOWN HEREON; THAT THIS IMPROVEMENT SURVEY PLAT WAS MADE BY ME FROMAN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECTSUPERVISION ON NOVEMBER 29, DECEMBER 22, 2021, AND JANUARY 04 & 27, 2022; THAT THISIMPROVEMENT SURVEY PLAT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED ORIMPLIED; THAT, IN THE PREPARATION OF THIS IMPROVEMENT SURVEY PLAT, I RELIED UPONTHE TITLE POLICY PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. QTF62012318,POLICY DATED FEBRUARY 18, 2021; THAT THE LOCATION AND DIMENSIONS OF ALL BUILDINGS,IMPROVEMENTS, EASEMENTS, RIGHTS OF WAY IN EVIDENCE OR KNOWN TO ME ANDENCROACHMENTS BY OR ON THE REAL PROPERTY AND MATTERS REFERENCED IN SAID TITLECOMMITMENT CAPABLE OF BEING SHOWN ARE ACCURATELY SHOWN, AND THAT THIS PLAT ISIN ACCORDANCE OF AN IMPROVEMENT SURVEY PLAT AS SET FORTH IN C.R.S. §38-51-102(9). DATED: FEBRUARY 01, 2022 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC.COL O R ADO LICENSEDPROFESSIONAL LAND S U RVEYO R JAS O N R. NEIL37935 ISSUED DATEPROJECT NUMBER© Clayton Korte|The Design Professional's electronic seal or signature is effective only as to that version of this document as originally published by Clayton Korte. Clayton Korte is not responsible for any subsequent modification, corruption, or unauthorized use of such document. To verify the validity or applicability of the seal or signature, contact the Design Professional.12/6/2022 12:43:25 PM500 E. DURANT REMODEL 510 E. DURANT AVENUE ASPEN, COLORADO 81611 PRELIMINARYPRICING SET12/06/202221030 W/D ADJOINER BUILDINGADJOINER BUILDING EAST DURANT AVENUESOUTH GALENA STREETALLEY 15' MECH SETBACK 20' VENTS SETBACK LAWN TRACTION PADS LIGHT AND STREET SIGN STORM GRATE STORM GRATE EASEMENT AND RIGHT OF WAY PER BK 408 PG 216 EASEMENT PER RECEPTION NO. 544450 CONCRETE CURB & GUTTER CONCRETE SIDE WALKCONCRETE CURB & GUTTERCONCRETE SIDE WALKEXISTING MECHANICAL SPACE TO REMAIN PROPERTY LINE EXISTING TRANSFORMER TO REMAIN STORM GRATE NEW RECONFIGURED SWITCHGEAR LOCATION PROPOSED INCLINED CHAIR LIFT W RETRACTIBLE PLATFORM EXISTING TRASH COMPACTOR TO BE RELOCATED PER RON CHRISTIAN TO EDGE OF NORTH PROPERTY LINE 90.36'S 75°09'11''100.00''N 14°50'49''90.36'N 75°09'11''100.00''S 14°50'49''ADJOINER BUILDING (NOT IN CONTRACT)3'-0"3'-0"3'-0" EXISTING CONSTRUCTION TO BE REMOVED SITE PLAN LEGEND EXISTING CONCRETE NEW CONSTRUCTION EXISTING CONSTRUCTION TO REMAIN VIEW PLANE COVEREAGE 57.7% PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:30 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.0 SITE PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0"1 SITE PLAN (HPC) PROJECT NORTH TRUE NORTH UP UP UP UP UP UP PLAN LEGEND EXISTING CONSTRUCTION TO BE REMOVED NEW CONSTRUCTION EXISTING CONSTRUCTION TO REMAIN CONCRETE WOOD FLOORING TILE FLOORING CARPET FLOORING TURF BRICK PAVERS RESILIENT MEMBRANE 43 5 G E D C B F 621 EXISTING STAIR TO REMAIN HOT EXPO COLD / PREP PROPOSED KITCHEN EXHAUST ROUTING TO NEW ROOF TOP EQUIPMENT DISH PROPOSED EQUIPMENT EXHAUST ROUTING TO EXISTING ROOF TOP EQUIPMENT PROPOSED DUMBWAITER FR ICE FISH TRELLIS CANOPY ABOVE 3'-2 1/4"3'-10 1/4"6'-6 3/4"6'-2 5/8"6'-4"7'-6"PLANTERRETACTABLE CANOPY ON RIGID FRAME EXISTING TRASH COMPACTOR TO BE RELOCATED PER RON CHRISTIAN TO EDGE OF NORTH PROPERTY LINE EXISTING TRANSFORMER TO REMAIN 59 SF COMMERCIAL 103 91 SF WIC 109 92 SF DRY STORAGE 106 44 SF COAT ROOM 117 46 SF COAT ROOM 121 321 SF ADJACENT LEASE SPACE 126 142 SF WOMENS RR 122 142 SF MENS RR 125 1475 SF COMMERCIAL 114 800 SF KITCHEN 110 174 SF HALLWAY 123 72 SF COMMERCIAL 124 74 SF COMMERCIAL 112 246 SF COMMERCIAL 113 97 SF AIR LOCK 116 66 SF STAIR 119 56 SF STORAGE 120 93 SF COMMERCIAL 111 203 SF COMMERCIAL 115 48 SF RR 102 354 SF CORRIDOR 100 111 SF EXISTING STAIR 105 52 SF STORAGE 107 58 SF RR 101 52 SF COMMERCIAL 104 32 SF AIR LOCK 118 EXISTING MECHANICAL SPACE TO REMAIN A NEW RECONFIGURED SWITCHGEAR LOCATION ADJOINER BUILDING (NOT IN CONTRACT)3'-0"3'-0"3'-0" DESIGNATED TRASH AREA WITHIN PROPERTY LINE RELOCATED GAS METER WITH PROTECTIVE BOLLARDS 3'-0"3'-0" W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"PROPOSED INCLINED CHAIR LIFT W RETRACTIBLE PLATFORM EXISTING OIL TANK (250 GALLON)W 3'-0"L 2'-7"W 3'-0"L 2'-7" 1 2 3 4 5 6 7 8 9 2'-9 1/4" PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:35 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.1 FIRST FLOOR PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 FIRST FLOOR PLAN (HPC) PROJECT NORTH TRUE NORTH UP UP UP PLAN LEGEND EXISTING CONSTRUCTION TO BE REMOVED NEW CONSTRUCTION EXISTING CONSTRUCTION TO REMAIN CONCRETE WOOD FLOORING TILE FLOORING CARPET FLOORING TURF BRICK PAVERS RESILIENT MEMBRANE 43 5 G E D C B F 621 70 SF RESTROOM 203 201 SF COMMERCIAL 200 58 SF RESTROOM 205 187 SF COMMERCIAL 206 106 SF COMMERCIAL 207 87 SF COMMERCIAL 208 66 SF COMMERCIAL 201 242 SF ENCLOSED DINING AREA 215 OUTLINE OF MEZZANINE ABOVE 68 SF COMMERCIAL 202 EXISTING UNCOVERED PATIO TO REMAIN EXISTING COVERED PATIO TO REMAIN EXISTING UNCOVERED PATIO TO REMAIN EXISTING STAIR 1681 SF COMMERCIAL 214 123 SF WOMENS RR 212 89 SF MENS RR 211 RECONFIGURED BUILDING STORAGE TO VERTICAL CHASE POS BUILT IN STORAGE PROPOSED MAKE-UP AIR UNIT LOCATION ON LEVEL 2 PATIO PROPOSED OUTDOOR BALCONY EXPANSION 17'-0" EXISTING MECHANICAL CHASE TO BE MOVED 27 SF STORAGE 209 PROPOSED OUTDOOR BALCONY EXPANSION 16'-4" PROPOSED OUTDOOR BALCONY EXPANSION 16'-8" RETACTABLE CANOPY ON RIGID FRAME 273 SF COMMERCIAL 204 134 SF HALLWAY 210 Redundant Room COMMERCIAL 213 PROPOSED ENCLOSED WALKWAY A PROPOSED STAIR TO MECHANICAL PARAPHET EXISTING STAIR TO MECHANICAL PARAPHET TO BE MOVED 3 / HPC6.1 4 / HPC6.1 2 / HPC6.1PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:39 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.2 SECOND FLOOR PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 SECOND FLOOR PLAN (HPC) PROJECT NORTH TRUE NORTH W/D PLAN LEGEND EXISTING CONSTRUCTION TO BE REMOVED NEW CONSTRUCTION EXISTING CONSTRUCTION TO REMAIN CONCRETE WOOD FLOORING TILE FLOORING CARPET FLOORING TURF BRICK PAVERS RESILIENT MEMBRANE 43 5 G E D C B F 621 329 SF COMMERCIAL 301 249 SF ATTIC SPACE 304 PULL-DOWN ATTIC ACCESS LADDER 15' MECH SETBACK 20' VENTS SETBACK A PROPOSED STAIR TO MECHANICAL PARAPHET 3 / HPC6.1 4 / HPC6.1 2 / HPC6.1PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:41 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.3 MEZZANINE PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 MEZZANINE FLOOR PLAN (HPC) PROJECT NORTH TRUE NORTH EXISTING MECHANICAL GREASE VENT TO REMAIN EXISTING MECHANICAL PARAPET TO REMAIN. ALL EXISTING MECHANICAL AREAS TO REMAIN AND ALL REPLACEMENT EQUIPMENT WILL MEET 6' HEIGHT LIMIT. EXISTING MECHANICAL GREASE VENT TO REMAIN. 4 1/4" / 1'-0"4 1/4" / 1'-0"4 1/2" / 1'-0"4 1/2" / 1'-0"4" / 1'-0"4" / 1'-0"4" / 1'-0"4" / 1'-0"RIDGEVALLEY RIDGEVALLEYVALLEYRIDGE VALLEYVALLEYVALLEYRIDGE EXISTING MECHANICAL GREASE VENT NEW MECHANICAL EQUIPMENT PARAPET NEW EQUIPMENT WILL MEET 6' HEIGHT LIMIT. 15' MECH SETBACK EXISTING STREET LEVEL MECHANICAL ZONE TO REMAIN 20' VENTS SETBACK EXISTING TRASH COMPACTOR TO BE RELOCATED PER RON CHRISTIAN TO EDGE OF NORTH PROPERTY LINE EXISTING TRANSFORMER TO REMAIN NEW RECONFIGURED SWITCHGEAR LOCATION 3 / HPC6.1 4 / HPC6.1 2 / HPC6.1PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:45 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.4 ROOF PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 ROOF PLAN (HPC) PROJECT NORTH TRUE NORTH UP UP UP UP UP UP IN F.F.E.CHANGE40'-6"3'-0"873.06 SF 9'-2"68'-8" 635.17 SF 69'-4"11'-0 67/128" 216.83 SF 536.5 SF IN F.F.E.CHANGE3'-0"40'-7 1/2"28'-0 1/2" 757.04 SF 5883 SF CONDITIONED 53 SF ELEVATOR BELLY UP (N.I.C.) SECTION 3 SECTION 1 SECTION 2SECTION 45883 SF CONDITIONED 53 SF ELEVATOR BELLY UP (N.I.C.) SECTION 3 SECTION 1 SECTION 2SECTION 4PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:04 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC2.1 FLOOR AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 WALL TOTAL WALL AREA (SF)EXPOSED WALL AREA NORTH 635.17 0 WEST 753.33 216.83 SOUTH 757.04 0 EAST 873.06 0 OVERALL TOTALS 3,018.6 216.83 PERCENTAGE OF EXPOSED WALL AREA: 11.66% EXISTING SUBGRADE FLOOR AREA: 5,883 SF SUBGRADE COUNTABLE FLOOR AREA: 685.95 SF (5,883 X 11.66%) EXISTING BASEMENT FLOOR AREA CALCULATIONS 1/8" = 1'-0" 4 BASEMENT -EAST WALL ELEVATION (FAR CALCS.) 1/8" = 1'-0" 1 BASEMENT -NORTH WALL ELEVATION (FAR CALCS.) 1/8" = 1'-0" 2 BASEMENT -WEST WALL ELEVATION (FAR CALCS.) 1/8" = 1'-0" 3 BASEMENT -SOUTH WALL ELEVATION (FAR CALCS.) 1/8" = 1'-0"5 EXISTING BASEMENT -FLOOR AREA PLAN 1/8" = 1'-0"6 PROPOSED BASEMENT -FLOOR AREA PLAN UP UP UP UP UPUP UP UP UP UP ELEVATOR AREA NOT COUNTED THIS FLOOR 1751 SF RESTAURANT 2705 SF RETAIL 1697 SF PA 944 SF RETAIL 4687 SF RESTAURANT 1 53 SF ELEVATOR PERMANENTLY INSTALLED INTERIOR AIRLOCK -100 SF EXEMPTION 259 SF RESTAURANT 2 1697 SF PA 338 SF RETAIL PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:08 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC2.2 FLOOR AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0" 1 EXISTING FIRST FLOOR -FLOOR AREA PLAN 1/8" = 1'-0" 2 PROPOSED FIRST FLOOR -FLOOR AREA PLAN UP UP UP UP 3820 SF CONDITIONED STAIR NOT COUNTED ON THIS FLOOR BALCONY NOT COUNTED EXTERIOR STAIR NOT COUNTED EXTERIOR STAIR NOT COUNTED BALCONY NOT COUNTED 37 SF CONDITIONED 945 SF PA 2657 SF RESTAURANT 2 STAIR NOT COUNTED ON THIS FLOOR STAIR NOT COUNTED ON THIS FLOOR ELEVATOR NOT COUNTED ON THIS FLOOR BALCONY NOT COUNTED MECHANICAL CHASE EXTERIOR STAIR NOT COUNTED 37 SF CONDITIONED 425 SF PA 135 SF PA 1437 SF OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:10 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC2.3 FLOOR AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0" 1 EXISTING SECOND FLOOR -FLOOR AREA PLAN 1/8" = 1'-0" 2 PROPOSED SECOND FLOOR -FLOOR AREA PLAN 373 SF CONDITIONED ATTIC STORAGE ONLY ACCESSED BY PULL-DOWN LADDER NOT COUNTED STAIR NOT COUNTED ON THIS FLOOR ATTIC STORAGE ONLY ACCESSED BY PULL-DOWN LADDER NOT COUNTED PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:12 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC2.4 FLOOR AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 LOT SIZE - ~9,000 SF (VERIFY W/ SURVEY) 1ST FLOOR CONDITIONED* 2ND FLOOR CONDITIONED* BASEMENT** ELEVATOR (BASEMENT) EXTERIOR DECKS/PATIOS *** MEZZANINE TOTAL FLOOR AREA 9,996 SF 10,580 SF FLOOR AREA RATIO 10,580 / 9,000 = 1.17 FAR MAX ALLOWABLE FAR: 2.25 *1ST/2ND FLOOR STAIRS COUNTED AS CONDITIONED **SEE BASEMENT FAR CALCUATIONS ON HPC2.1 ***ALL DECK/PATIO SPACE IN COMMERCIAL CORE ARE EXEMPT FROM FAR CALCULATIONS PER 26.575.020.d.4.c. EXISTING v. PROPOSED FLOOR AREA CALCULATIONS EXISTING 5,400 SF 3,857 SF 686 SF 53 SF 0 SF 0 SF 1/8" = 1'-0"2 PROPOSED MEZZANINE -FLOOR AREA PLAN EXISTING FLOOR AREA AREA NAME AREA BASEMENT CONDITIONED 5883 SF ELEVATOR 53 SF 5936 SF LEVEL 01 RESTAURANT 1751 SF RETAIL 2705 SF RETAIL 944 SF 5400 SF LEVEL 02 CONDITIONED 3820 SF CONDITIONED 37 SF 3857 SF TOTAL EXISTING FLOOR AREA 15194 SF PROPOSED FLOOR AREA AREA NAME AREA BASEMENT CONDITIONED 5883 SF ELEVATOR 53 SF 5936 SF LEVEL 01 ELEVATOR 53 SF RESTAURANT 1 4687 SF RESTAURANT 2 259 SF RETAIL 338 SF 5337 SF LEVEL 02 CONDITIONED 37 SF OFFICE 1437 SF RESTAURANT 2 2657 SF 4131 SF MEZZANINE CONDITIONED 373 SF 373 SF TOTAL PROPOSED FLOOR AREA 15777 SF 1/8" = 1'-0"1 EXISTING MEZZANINE -FLOOR AREA PLAN PEDESTRIAN AMENITY CALCULATIONS STREET DURANT AVENUE (FIRST FLOOR) DURANT AVENUE (SECOND FLOOR) S. GALENA STREET (FIRST FLOOR) S. GALENA STREET (SECOND FLOOR) EXISTING 1,697 SF 0 SF 0 SF 945 SF PROPOSED 1,697 SF 0 SF 0 SF 560 SF TOTAL (PA) AREA 2,642 SF 2,257 SF PA FLOOR AREA RATIO 2250 SF < 2257 SF PROPOSED 5,337 SF 4,131 SF 686 SF 53 SF 0 SF 373 SF UP UP UP UP UP UP BELLY UP (N.I.C) NO CHANGE TO NET LEASABLE AREA (5,595 SF) COMMON ELEVATOR COMMON STAIR EXISTING AIRLOCK EXISTING AIRLOCK BELLY UP (N.I.C.) N.I.C. - NO CHANGE TO NET LEASABLE AREA COMMON STAIR BASEMENT ELEVATOR EXISTING AIRLOCK EXISTING AIRLOCK NO CHANGE TO NET LEASABLE AREA RESTAURANT 2 RESTAURANT NET LEASABLE AREA LEGEND COMMERCIAL SPACE OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:12 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC3.1 NET LEASABLE AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0"2 PROPOSED BASEMENT -NET LEASABLE AREA PLAN 1/8" = 1'-0"1 EXISTING BASEMENT -NET LEASABLE AREA PLAN PROPOSED BASEMENT FLOOR NET LEASABLE AREA: *(Belly UP, Airlocks and elevator counted) BASEMENT (N.I.C.): 5,595 SF TOTAL: 5,595 SF EXISTING BASEMENT FLOOR NET LEASABLE AREA: *(Belly UP, Airlocks and elevator counted) BASEMENT (N.I.C.): 5,595 SF TOTAL: 5,595 SF UPUP UP UP UP UP UP UP UP UP RESTAURANT 2 ENTRY (COUNTING STAIRS) 248 SF (NLA) COMMON STAIR CHANGE TO NET LEASABLE AREA (320 SF) 3,640 SF (NLA) PERMENANT AIR LOCK - 100 SF (NOT COUNTED) RESTAURANT 1 COMMON STAIR EXISTING COMMERCIAL SPACE (N.I.C.) COMMON ELEVATOR COMMON CIRCULATION COMMON RR COUNTING STORAGE BELOW STAIRS COMMON RESTROOMS COMMON CIRCULATION EGRESS STAIR (NOT COUNTED) BASEMENT ELEVATOR 1,717 SF (NLA) EXISTING NET LEASABLE AREA (320 SF) 2,543 SF (NLA) EXISTING COMMERCIAL SPACE EXISTING COMMERCIAL SPACE (N.I.C.) EXISTING RESTAURANT 556 SF (NLA) EXISTING COMMERCIAL SPACE NO CHANGE TO NET LEASABLE AREA RESTAURANT 2 RESTAURANT NET LEASABLE AREA LEGEND COMMERCIAL SPACE OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:13 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC3.2 NET LEASABLE AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0" 2 PROPOSED FIRST FLOOR -NET LEASABLE AREA PLAN 1/8" = 1'-0" 1 EXISTING FIRST FLOOR -NET LEASABLE AREA PLAN PROPOSED FIRST FLOOR NET LEASABLE AREA: EXISTING COMMERCIAL SPACE (N.I.C.):320 SF RESTAURANT 1: 3,640 SF RESTURANT 2 ENTRY:248 SF TOTAL: 4,208 SF EXISTING FIRST FLOOR NET LEASABLE AREA: EXISTING COMMERCIAL SPACE (N.I.C.):320 SF EXISTING COMMERCIAL SPACE:556 SF EXISTING COMMERCIAL SPACE:2,543 SF EXISTING RESTAURANT: 1,717 SF TOTAL: 5,136 SF LEASABLE AREA EXPANSION: PROPOSED: 4,208 SF EXISTING: 5,136 SF TOTAL EXPANSION: -928 SF <500SF UPUP UP COMMON STAIR DUMBWAITER (NOT COUNTED ON THIS FLOOR) COMMON ELEVATOR ASSUMED MECHANICAL CHASE (NOT COUNTED) RESTAURANT 2 2268 SF (NLA) OFFICE 1,055 SF (NLA) COMMON CIRCULATION ENCLOSED DINING AREA 252 SF (NLA) MECHANICAL CHASE (NOT COUNTED) COMMON STAIR COMMON STAIR COMMON ENCLOSED WALKWAY NEW PROPOSED MECHANICAL SPACE COMMON STAIR ASSUMED MECHANICAL CHASE (NOT COUNTED) SHARED MECHANICAL (NOT COUNTED) OFFICE 3,282 SF (NLA) COMMON RESTROOM COMMON CIRCULATION NO CHANGE TO NET LEASABLE AREA RESTAURANT 2 RESTAURANT NET LEASABLE AREA LEGEND COMMERCIAL SPACE OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:15 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC3.3 NET LEASABLE AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0" 2 PROPOSED SECOND FLOOR -NET LEASABLE AREA PLAN 1/8" = 1'-0" 1 EXISTING SECOND FLOOR -NET LEASABLE AREA PLAN PROPOSED SECOND FLOOR NET LEASABLE AREA: OFFICE: 1,055 SF RESTAURANT 2:2,268 SF ENCLOSED DINING: 252 SF TOTAL: 3,575 SF EXISTING SECOND FLOOR NET LEASABLE AREA: OFFICE: 3,282 SF TOTAL: 3,282 SF LEASABLE AREA EXPANSION: PROPOSED: 3,575 SF EXISTING: 3,282 SF TOTAL EXPANSION: 293 SF <500SF OFFICE 332 SF (NLA) ATTIC ATTIC STORAGE NO CHANGE TO NET LEASABLE AREA RESTAURANT 2 RESTAURANT NET LEASABLE AREA LEGEND COMMERCIAL SPACE OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:15 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC3.4 NET LEASABLE AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0"1 PROPOSED MEZZANINE -NET LEASABLE AREA PLAN PROPOSED MEZZANINE FLOOR NET LEASABLE AREA: OFFICE: 332 SF TOTAL: 332 SF PROPOSED NET LEASABLE AREA CALCULATIONS: BASEMENT (N.I.C.): 5,595 SF FIRST FLOOR: 4,208 SF SECOND FLOOR: 3,575 SF MEZZANINE: 332 SF TOTAL: 13,710 SF EXISTING NET LEASABLE AREA CALCULATIONS: BASEMENT (N.I.C.): 5,595 SF FIRST FLOOR: 5,136 SF SECOND FLOOR: 3,282 SF MEZZANINE: 0 SF TOTAL: 14,013 SF PROPOSED INCREASE IN NET LEASABLE AREA =-303 SF 1/8" = 1'-0"2 EXISTING MEZZANINE -NET LEASABLE AREA PLAN PROPOSED MEZZANINE FLOOR NET LEASABLE AREA: TOTAL: 0 SF 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE RELOCATED GAS METER WITH PROTECTIVE BOLLARDS EXISITING OIL CONTAINER PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:58 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC4.1 NORTH ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"2 EXISTING NORTH ELEVATION RENDER W/ VIEWPLANE REFERENCE 1/4" = 1'-0"1 PROPOSED NORTH ELEVATION RENDER W/ VIEWPLANE REFERENCE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE 18'-2"18'-9"32'-11"31'-7 47/128"15'-0"VIEW PLANE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:58 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC4.2 EAST ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0" 1 PROPOSED EAST ELEVATION RENDER W/ VIEWPLANE REFERENCE 1/4" = 1'-0"2 EXISTING EAST ELEVATION RENDER W/ VIEWPLANE REFERENCE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE PERMANENTLY ENCLOSED DINING AREA PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:00 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC4.3 WEST ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"2 EXISTING WEST ELEVATION RENDER W/ VIEWPLANE REFERENCE 1/4" = 1'-0" 1 PROPOSED WEST ELEVATION RENDER W/ VIEWPLANE REFERENCE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:01 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC4.4 SOUTH ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"2 EXISTING SOUTH ELEVATION RENDER W/ VIEWPLANE REFERENCE 1/4" = 1'-0"1 PROPOSED SOUTH ELEVATION RENDER W/ VIEWPLANE REFERENCE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:02 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC5.1 PROPOSED EAST ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"1 PROPOSED MATERIALITY STUDY EAST ELEVATION 1/4'' 11 52 1 67572 5 8 7 1 BOARD FORMED CONCRETE LIME WASH BLACKENED BRICK RED CEDAR PLANKS - BLACK STAIN GREY BRICK PAVERS - HERRINGBONE PATTERN RED CEDAR - GREY WEATHERED STAIN EXPOSED AGGREGATE CONCRETE LACQUER GREY PAINT CARBON STEEL DUCTS RED CEDAR - LATH ASSEMBLY - GREY WEATHERED STAIN BLACKENED STEEL RED CEDAR SHINGLES - WEATHERED 1 2 3 4 5 6 7 8 9 10 11 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:04 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC5.2 PROPOSED NORTH ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"1 PROPOSED MATERIALITY STUDY NORTH ELEVATION 1/4'' 2 1111 3 5182 8 2 5 55 10 5 BOARD FORMED CONCRETE LIME WASH BLACKENED BRICK RED CEDAR PLANKS - BLACK STAIN GREY BRICK PAVERS - HERRINGBONE PATTERN RED CEDAR - GREY WEATHERED STAIN EXPOSED AGGREGATE CONCRETE LACQUER GREY PAINT CARBON STEEL DUCTS RED CEDAR - LATH ASSEMBLY - GREY WEATHERED STAIN BLACKENED STEEL RED CEDAR SHINGLES - WEATHERED 1 2 3 4 5 6 7 8 9 10 11 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:04 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC5.3 PROPOSED WEST ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"1 PROPOSED MATERIALITY STUDY WEST ELEVATION 1/4'' 11 53 3 1051025 8 3 1 BOARD FORMED CONCRETE LIME WASH BLACKENED BRICK RED CEDAR PLANKS - BLACK STAIN GREY BRICK PAVERS - HERRINGBONE PATTERN RED CEDAR - GREY WEATHERED STAIN EXPOSED AGGREGATE CONCRETE LACQUER GREY PAINT CARBON STEEL DUCTS RED CEDAR - LATH ASSEMBLY - GREY WEATHERED STAIN BLACKENED STEEL RED CEDAR SHINGLES - WEATHERED 1 2 3 4 5 6 7 8 9 10 11 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:05 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC5.4 PROPOSED SOUTH ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"1 PROPOSED MATERIALITY STUDY SOUTH ELEVATION 1/4'' 11 11 2105 5 1 3459510 8 3 BOARD FORMED CONCRETE LIME WASH BLACKENED BRICK RED CEDAR PLANKS - BLACK STAIN GREY BRICK PAVERS - HERRINGBONE PATTERN RED CEDAR - GREY WEATHERED STAIN EXPOSED AGGREGATE CONCRETE LACQUER GREY PAINT CARBON STEEL DUCTS RED CEDAR - LATH ASSEMBLY - GREY WEATHERED STAIN BLACKENED STEEL RED CEDAR SHINGLES - WEATHERED 1 2 3 4 5 6 7 8 9 10 11 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:05 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC6.0 3D VIEW500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"2 VIEW FROM E. DURANT AVE. AWNING CLOSED 1/4" = 1'-0"1 VIEW FROM E. DURANT AVE. AWNING OPEN 3'-10 1/2"4'-6"3'-10 1/2"5'-3"3'-6"2'-5"1 2 3 1 4'-4"5'-0"5'-0"3'-11"4'-5"3'-6"1 2 3 4'-4"5'-0"5'-0"3'-11"4'-5"3'-6"1 2 3 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:09 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC6.1 3D VIEW500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 VIEW FROM S. GALENA ST. 3/16" = 1'-0"2 ENCLOSED DINING (215) -WEST 3/16" = 1'-0"3 ENCLOSED DINING (215) -SOUTH 3/16" = 1'-0"4 ENCLOSED DINING (215) -NORTH LIME WASH BLACKENED BRICK RED CEDAR - GREY WEATHERED STAIN ALUMINIUM FRAME (DARK GREY) GLASS PANELS (CLEAR GLAZING) 1 2 3 SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com – SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com – SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com To building drain Field Wired and Piped From building water supply Roof line POINT-TO-POINT SUMMARY OF DRAIN CONNECTION To building drain Field Wired and Piped From building water supply Roof line POINT-TO-POINT SUMMARY OF DRAIN CONNECTION SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com ɸ SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com DATE: CATALOG NUMBER LOGIC: PROJECT:TYPE: THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING, INC. AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS, OR TO MANUFACTURE, USE OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION, DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING, INC. IS STRICTLY FORBIDDEN. 559.438.5800 | INFO@BKLIGHTING.COM | BKLIGHTING.COMMADE IN THE USA EL DORADO LED CATALOG NUMBER LOGIC Example: B - ED - LED - e65/e65 - NSP/MFL - A9/A9 - BLP - 12/12 - 11/11 - B MATERIAL (Blank) - Aluminum B - Brass S - Stainless Steel SERIES ED - El Dorado SOURCE LED - with Integral Dimming Driver (25W min. load when dimmed)* LED TYPE e64 - 7W LED/2700K e66 - 7W LED/4000K e65 - 7W LED/3000K e74 - 7W LED/Amber OPTICS NSP - Spot (13°) MFL - Medium Flood (23°) SP - Spot (16°) WFL - Wide Flood (31°) ADJUST-E-LUME OUTPUT INTENSITY** A9 (Standard), A8, A7, A6, A5, A4, A3, A2, A1 FINISH (See page 2 for full-color swatches) Standard Finishes (BZP, BZW, BLP, BLW, WHP, WHW, SAP, VER) Premium Finish (ABP, AMG, AQW, BCM, BGE, BPP, CAP, CMG, CRI, CRM, HUG, MDS, NBP, OCP, RMG, SDS, SMG, TXF, WCP, WIR) Also available in RAL Finishes Brass Finishes (MAC, POL, MIT) Stainless Steel Finishes (MAC, POL) LENS TYPE*** 12 - Soft Focus 13 - Rectilinear SHIELDING*** 11 - Honeycomb Baffle x 2 CAP STYLE A - 45° B - 90° C - Flush D - 45° Less Weephole (Interior use only) E - 90° Less Weephole (Interior use only) F - 90° with Flush 07/26/2021 SKU-777 *Requires magnetic low voltage dimmer. **Please see Adjust-e-Lume photometry to determine desired intensity. ***Accommodates up to 2 lens/shielding media. Two lens/shielding prices required. SUB000943 DATE:PROJECT:TYPE: THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING, INC. AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS, OR TO MANUFACTURE, USE OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION, DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING, INC. IS STRICTLY FORBIDDEN. 559.438.5800 | INFO@BKLIGHTING.COM | BKLIGHTING.COMMADE IN THE USA Satin Black (BLP) Satin Bronze (BZP) Satin White (WHP) Black Wrinkle (BLW) Bronze Wrinkle (BZW) White Wrinkle (WHW) Ve rde (VER) Satin Aluminum (SAP) Cascade Mtn. Granite (CMG) Black Chrome (BCM) Cracked Ice (CRI) We athered Iron (WIR) Rocky Mtn. Granite (RMG) Beige (BGE) Mojave Desert Sandstone (MDS) Clear Anodized Powder (CAP) Sierra Mtn Granite (SMG) Weathered Copper (WCP) Antique Brass Powder (ABP) Cream (CRM) Aleutian Mtn Granite (AMG) Old Copper (OCP) Brown Patina Powder (BPP) Antique White (AQW) Te xtured Forest (TXF) Hunter Green (HUG) Sonoran Desert Sandstone (SDS) Natural Brass Powder (NBP) STANDARD FINISHES PREMIUM FINISHES Click Here to view larger, full-color swatches of all available finishes on our website. EL DORADO LED 7"(127mm) 4"(102mm) 3/8"(10mm) (57mm) (356mm)14" 2 1/4" Dia. “A/D” CAP (57mm) 8"(203mm) 2 1/4" Dia. “C” CAP (254mm) (57mm) 10" 2 1/4" Dia. “B/E/F” CAP (127mm)5" 4"(102mm) 3/8"(10mm) (25mm) 1 " 4" (102mm) 3/8”(10mm) 4"(102mm) 07/26/2021 SKU-777 SUB000943 DATE:PROJECT:TYPE: Accessories (Configure separately)Drivers (Configure separately) SPECIFICATIONS THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING, INC. AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS, OR TO MANUFACTURE, USE OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION, DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING, INC. IS STRICTLY FORBIDDEN. 559.438.5800 | INFO@BKLIGHTING.COM | BKLIGHTING.COMMADE IN THE USA ELECTRICAL PHYSICAL WATTAGE (2x) 7W WIRING XLPE, 18GA,150C, 600V, rated and certified to UL3321. REMOTE TRANSFORMER For use with 12VAC remote transformer or magnetic transformers only. B-K Lighting cannot guarantee performance with third party manufacturers’ transformers. MATERIALS Furnished in copper-free aluminum (6061-T6), brass (360) or stainless steel (304). BODY Unibody design with enclosed, water-proof wireway and integral heat sink is fully machined from solid billet. CAP Fully machined and accommodates two (2) lens or louver media. LENS Shock-resistant, tempered glass lens is factory adhered to fixture cap and provides hermetically sealed optical compartment. LED Integrated solid state system and modular design with electrical disconnects allow for easy field upgrade and maintenance. High power, forward throw source complies with ANSI C78.377 binning requirements and exceeds ENERGY STAR® lumen maintenance requirements. LM-80 certified components. Integral, constant current driver. 12VAC/VDC input. 50/60Hz. Proprietary input control scheme achieves power factor correction and eliminates inrush current (limited to <250mA non-dimming). Output, overvoltage, open- circuit, and short circuit protected. Conforms to Safety Std. C22.2 No. 250.13-12. DIMMING Line voltage dimmable via magnetic low voltage dimmer with dedicated neutral conductor. Remote magnetic transformer with LED loads should be loaded to 25% of the transformer VA (watts) rated value. OPTICS Interchangeable OPTIKIT modules permit optical field changes. Color-code: Narrow Spot (NSP) = red; Spot (SP) = green; Medium Flood (MFL) = yellow; Wide Flood (WFL) = blue. ADJUST-E-LUME Integral electronics allows dynamic lumen response at the individual fixture. Indexed (100% to 25% nom.) lumen output. Maintains output at desired level or may be changed. Specify factory preset output intensity. INSTALLATION 5” dia., machined canopy with stainless steel universal mounting ring permits mounting to 4’’ octagonal junction box (by others). HARDWARE Tamper-resistant, stainless steel hardware. Knuckle vertical aiming screw is black oxide treated for additional corrosion resistance. FINISH StarGuard, our 15-stage chromate-free process cleans and conversion coats aluminum components prior to application of Class ‘A’ TGIC polyester powder coating and is RoHS compliant. Powder coat or metal finish options available for brass material and metal finish option only for stainless steel material. WARRANTY 5-year limited warranty. CERTIFICATION & LISTING ITL tested to IESNA LM-79. UL Listed. Certified to CAN/CSA/ANSI Standards. RoHS compliant. Suitable for indoor or outdoor use, in wet locations, and for installation within 4’ of the ground. Made in the USA with sustainable processes. TR SeriesTR Series UPMRMUPMRM 07/26/2021 SKU-777 SUB000943 EL DORADO LED DATE: CATALOG NUMBER LOGIC: PROJECT:TYPE: THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING, INC. AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS, OR TO MANUFACTURE, USE OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION, DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING, INC. IS STRICTLY FORBIDDEN. 559.438.5800 | INFO@BKLIGHTING.COM | BKLIGHTING.COMBKLIGHTING.COMMADE IN THE USA LAMP & DRIVER DATA (e64, e65, e66, e74) LM79 DATA L70 DATA OPTICAL DATA BK No.CCT (Typ.) CRI (Typ.) Input Watts (Typ.) Minimum Rated Life (hrs.) 70% of initial lumens (L70)Angle CBCP Delivered Lumens Multiplier e64 2700K 80 7 50,000 13°5993 456 0.87 2700K 80 7 50,000 16°4546 445 0.87 2700K 80 7 50,000 23°1726 397 0.87 2700K 80 7 50,000 31°1131 399 0.87 e65 3000K 80 7 50,000 13°6131 466 0.89 3000K 80 7 50,000 16°4650 455 0.89 3000K 80 7 50,000 23 1766 406 0.89 3000K 80 7 50,000 31°1157 409 0.89 e66 4000K 80 7 50,000 13°6889 524 4000K 80 7 50,000 16°5225 511 4000K 80 7 50,000 23°1984 456 4000K 80 7 50,000 31°1300 459 e74 Amber 80 7 50,000 13°3,927 299 0.57 Amber 80 7 50,000 16°2,978 291 0.57 Amber 80 7 50,000 23°1,131 260 0.57 Amber 80 7 50,000 31 °74 1 262 0.57 OPTICS Optic Angle NSP - Narrow Spot 13° SP - Spot 16° MFL - Medium Flood 23° WFL - Wide Flood 31° DRIVER DATA Input Volts InRush Current Operating Dimmable Operation Ambient Temperature 12VAC/DC 50/60Hz <250mA (non-dimmed) 700mA Magnetic Low Voltage Dimmer -22°F-194°F (-30°C - 90°C) October 28, 2022 Updated November 11, 2022 City of Aspen Referral Departments Attn: Amy Simon, Planning Wyatt Young, Engineering Denis Murray, Building Sophie Vargas, Zoning CJ Oliver and Ainsely Brosnan-Smith, EH All: Please find responses to your referral comments below. We look forward to moving this project forward to HPC. Please reach out with any additional information you need for your review. Thank you, Sara PARKS Parks will require at least two street trees to be planted along Durant Avenue in the ROW, which shall include irrigation and grates for the trees. If the City Forester allows removal of the maple tree, mitigation will be charged but can be offset by the new ROW trees. Response - We will address street trees and apply for a tree removal permit at the time of building permit application. BUILDING Please address the following: 1) The project qualifies for Section 12.10 Allotment for Trash and Recycling. They will need to provide the required space 300 sq ft for trash and recycling. 2) The accessible route is required to be interior when an interior route is provided. This design has an exterior elevator and an interior stairway. Response - The project does not qualify for Section 12.10 as the increase in net leasable is less than the required 250 sf that triggers compliance. We are working directly with Environmental Health on this topic. • A common interior hallway is added to the second floor linking the elevator to the restaurant space to comply as discussed with the Building Department. • A lift is added along the east elevation to provide access to the trash compactor located along the alley. • An interior connection between the T-shirt shop and restrooms is provided. Updated plans are attached. ENGINEERING A conceptual drainage report and plan is required at land use per Section 1.3.1 of COA Engineering Standards: Land Use and Report Submittal Requirements. If this commercial interior and exterior remodel trigger a Major Engineering review then the on- site stormwater, drainage, utilities and public improvements will need to be brought into compliance with all current COA standards. If the pre project impervious area lot coverage is greater than 50% of the property and the interior remodel is greater than 50% of the building footprint, a major grading plan is required. If a Major Grading and Drainage Plan is required, public improvements must be incorporated into the plan. A Utility Plan is required for any new utility line or alterations to an existing utility. Response – A conceptual drainage report and plan is attached. A utility plan, if required will be included in the building permit application. The existing dumpsters located partially in the right of way will be relocated on property as discussed below. Note: We met with Ron Christian onsite November 3, 2022 (email attached). He confirmed that we can use the existing transformer. He requested that we look into replacing the electric cabinet and shifting the existing trash compactor toward the north property line to provide some clearance. ZONING Net Leasable Area Plans - HPC3.2, 3.3 • First Floor: o A portion of the Receiving area is shaded as Net Leasable Area. Please elaborate as to what is occurring here. Response – This is common receiving for the restaurant and for Belly up. • Second Floor: o It is unclear how the corridor will be maintained as shared space while food is moved from the dumbwaiter to the restaurant. Please provide a narrative as to how this will operate. Response - The corridor is shared with commercial and restaurant spaces. It provides commercial space with access to the common restroom and access from the elevator to the commercial spaces along the east elevation. Wait staff from the upper level restaurant will take food from the dumbwaiter and walk through the doors to access the restaurant. The operations between the commercial and restaurant do not impact zoning. o Is storage area 243 (shown as Net Leasable Area) enclosed? Response – There are folding doors. It is a counter with cabinets above to stage the food coming up the dumbwaiter. o A seasonal balcony does not meet the definition of Net Leasable Area. It is not space interior to the building (see 26.575.020(i)). Please refer to the Temporary and Seasonal Uses Chapter of the Land Use Code (26.450). Response- I applied 26.575.020.i.1 to count the seasonal enclosure as net leasable area. We do not want a seasonal 10 year approval for the space and prefer for it to be incorporated into the GMQS review now. • Please confirm that columns internal to units are included in Net Leasable Area Calculations. Response – Yes, columns are included. Due to the amount of available floor area left on the parcel, the following comments can be addressed at permit review: 1. Survey a. Add Gross Lot Area to the Survey. Development rights are based off of the lot area. 2. Floor Area Plans, Basement - HPC2.1 a. With the information provided we are unable to verify the change in finished floor shown in the wall elevations. Additional information will be required. 3. Floor Area Plans, First Floor - HPC2.2 a. The size of the interior airlock is represented as 100 square feet of floor area and net leasable area. These two areas are measured in different ways and cannot be the same. Net leasable area is measured from interior wall to interior wall; floor area is measured to the exterior wall. b. Code: 26.575.020(d), 26.575.020(i) This memorandum summarizes major items. A variety of other requirements &/or changes may be necessary for building permit submittal and zoning review. Response – Comments 1 – 3 above will be reconciled in the building permit application as noted. ENVIRONMENTAL HEALTH The property has 3 3-yard dumpsters, a trash compactor that is not used by tenants, and an oil/grease container. The dumpsters have been located along the alley since the building was constructed. We are not aware of any complaints about trash and recycle at this property. In 2021 we met with Liz Chapman to discuss trash and recycle during the early design phase of the this project. She commented on the cleanliness of the trash and recycle area and did not recommend any changes. Even though the dumpsters have been in place for at least 2 decades and have never received a complaint, the Engineering Department is unwilling to grant an encroachment license for them to remain as is. We have redesigned the trash and recycle areas to be fully on property by rerouting the gas lines and utilities, and using 96-gallon toters to fit in the small space between the property line and the building along the alley. Existing conditions 2 – 3 yard recycle (12 96-gallon toters) with 2x a week pick up 1 – 3 yard trash (6 96-gallon toters) with 3x a week pick up 1 - trash compactor which is not currently used 1 – 150 gallon oil/grease container every 4 - 6 months Total: 3- 3yard dumpsters equal to 18 96-gallon toters + oil/grease trap (compactor is not currently used) Note: The dumpsters are never full or even at half capacity right now. Comparable restaurant size - Matsuhisa 3 – 96 gallon recycling 7x a week 1 – 3 yard trash (equal to 6-96 gallon toters) 7x a week 1 – 150 gallon oil/grease container once a month Total: 9 96-gallon toters + oil/grase trap. Matsuhisa has a similar sized restaurant to the proposed project; however Matsuhisa does not have compost or a trash compactor onsite both of which are proposed at 500 E. Durant. The proposed trash/recycle/compost for the property which includes 2 restaurants, a small T-shirt shop, small offices, and the Belly Up is below: Proposed trash/recycle/compost 4- 96 gallon toters recycling 6x a week 2- 96 gallon toters trash 6x a week (trash compactor will be operational) 3- 96 gallon toters compost 6x a week 1 - 150 gallon oil/grease container once a month if needed 1 - trash compactor as needed Total: 9 96-gallon toters + oil/grease trap + trash compactor. We are more than doubling the frequency of pick up, therefore we can cut the existing number of bins in half to determine what is needed for a daily pick up – rather than 18 toters, we need 9 toters and to actually use the trash compactor. There is no compost currently onsite - 3 compost bins will facilitate more trash going into the compactor and allow more bins for recycling. The majority of the Belly Up trash is recycled bottles. Any additional trash and recycle needs will be accommodated through a shared agreement with the adjacent property owner, or the property owner across the alley to the east. October 28, 2022 PINNACLE DESIGN CONSULTING GROUP, INC. Mr. Wyatt Young 0805 BUCKPOINT ROAD • City of Aspen Engineering Department CARBONDALE, CO 81623 427 Rio Grand Place 970-963-2170 •970-704-0215 FAX Aspen, Colorado RE: 500 E. DURANT - REMODEL DRAINAGE PLAN Dear Wyatt: Pursuant to your request, I am providing water quality control volume calculations for the proposed redevelopment of the property located at 500 E. Durant in Aspen, Colorado. This is to verify that the property can be redeveloped while meeting the City of Aspen Urban Runoff Management Plan (URMP) requirements. The existing wood frame structure located on the property is three (3) stories and includes a total floor area of 14,999 square feet. As part of the proposed improvements, we are proposing the capture all roof and deck areas and route the associated runoff to permeable pavers. The water quality control volume calculations for the roof and deck areas are as follows: 500 E. DURANT WATER QUALITY CALCULATIONS Area WQCV East Basin 3830 79.8 ft3 West Basin 2551 53.1 ft3 A portion of the permeable pavers that are proposed for water quality mitigation will be in the public right-of-way. This occurs on the west side of the building. In the other instance the permeable pavers will be on private property. In both cases there is sufficient area to treat the project for water quality with permeable pavers. See attached drainage basin drawing. Please feel free to give me a call if you have any questions. October 28, 2022 Mr. Wyatt Young Page 2 of 2 Sincerely, Hans E. Brucker, PE, PLS PINNACLE DESIGN CONSULTING GROUP, INC. HEB/heb From:Denis Murray To:Sara Adams Subject:RE: Belly Up accessible route revised Date:Wednesday, November 9, 2022 4:55:27 PM Attachments:image001.png image002.png We rather non mechanical methods but this works and I believe satisfies the requirement. thanks Denis Murray (He/Him/His) Plan Examination Manager | Community Development Department OFFICE 970.429-2761 CELL 970-309-6283 FAX 970-920-5440 www.cityofaspen.com Please note that my email address has changed. The City of Aspen is moving to a more secure and identifiable .GOV address for public communications. Please update your email contacts. 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 contained 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: Sara Adams <sara@bendonadams.com> Sent: Wednesday, November 9, 2022 2:33 PM To: Denis Murray <denis.murray@aspen.gov> Subject: FW: Belly Up accessible route revised Hey Denis- any thoughts on these updates? Thanks! S From: Sara Adams Sent: Tuesday, November 8, 2022 1:04 PM To: Denis Murray <denis.murray@aspen.gov> Subject: Belly Up accessible route revised Hi Denis, Please review the narrative below that explains reasons to redesign the ramping on the east elevation. Please let me know your thoughts on this and if we need to make more revisions to meet ANSI. Thanks, Sara From: Stephen Williams <stephen@claytonkorte.com> Sent: Tuesday, November 8, 2022 11:42 AM To: Sara Adams <sara@bendonadams.com> Subject: FW: 21030 - Aspen (Floor plan Updates) Good morning Sara, I’ve attached a revised easement plan to this email for your reference and review. There are a few things to note here regarding revisions: 1 – there are concerns brought up with the contractor regarding existing subgrade conditions and adjacent building water proofing that are somewhat out of our control. His concerns are that a) we’ll run into a condition below grade that will preclude us from performing / following through with the grading revisions to accommodate the new ramp and b) by disturbing subgrade conditions along the adjacent building (ajax building) we may introduce a waterproofing issue that will be difficult to solve causing issues with the adjacent building owner. 2 – the operator has informed us that upon reviewing all aspects of tenant operations in the building, the ramp and subsequent required intermediate landing at the mid-point on the ramp plan introduce some logistical issues that will be challenging to overcome. 3- we review the existing conditions in greater detail and concluded that the required ADA landing clearances are so tight that any deviation from the plan either via unknown existing conditions or other additional required infrastructure will result in a non-compliant condition. We’ve concluded that based on these factors, the best course of action is to follow Ron’s guidance and move the compactor further north to gain additional clearance on the transformer and rotate the switchgear to the building face to allow for additional clearance at that equipment. This would allow us to widen the existing stair to some degree in order to accommodate a stowable inclined platform lift to mitigate the grade change at that location. This eliminates the ramp altogether and allows for a larger servicing area for the existing / proposed electrical equipment and limits and potential future issues but leave subgrade and existing water proofing elements intact. Please let us know what your thoughts are. Stephen Williams, AIA | Architect Clayton Korte 429 N. St. Mary’s Street San Antonio, Texas 78205 o. 210-446-7556 x 307 www.claytonkorte.com From: Gerardo Batres <gerardo@claytonkorte.com> Sent: Tuesday, November 8, 2022 11:34 AM To: Stephen Williams <stephen@claytonkorte.com> Subject: 21030 - Aspen (Floor plan Updates) Hey Stephen! Attached to this email is the PDF with the Updated floor plan and annotations. Thanks! Gerardo Batres | Project Designer Clayton Korte 429 N. St. Mary’s Street San Antonio, Texas 78205 o. 210-446-7556 x 312 c. 726-348-0248 www.claytonkorte.com From:Ron Christian To:Sara Adams Cc:stephen@claytonkorte.com; Michael Goldberg; David Goldberg; Danny Goldberg Subject:RE: follow up on site visit Date:Thursday, November 3, 2022 2:51:08 PM Hey Sara, yes nice meeting with you guys today. I think you have it covered. We really do need that compactor moved in case that existing transformer has issues or goes out. A newer transformer would most likely not fit in there as they have cooling fins now and they would hit the compactor. If the existing transformer did go bad we would have to wait for the compactor to get moved in order to get a new transformer installed and the power turned back on. That could take hours which is not good for us or anyone in the building. Thanks, Ron From: Sara Adams <sara@bendonadams.com> Sent: Thursday, November 3, 2022 2:38 PM To: Ron Christian <ron.christian@aspen.gov> Cc: stephen@claytonkorte.com; Michael Goldberg <mag@aerolease.com>; David Goldberg <David@bellyupaspen.com>; Danny Goldberg <Danny@bellyupaspen.com> Subject: follow up on site visit Hi Ron, Thanks for meeting us outside today. In summary, the existing transformer can remain as is. We need to maintain 3’ clearance from the transformer on the south and east sides, and will shift the compactor north toward the alley if possible to provide a little more space between the transformer and compactor. Durgin Electric will evaluate the switch board cabinet and meters to replace with modern equipment, and potentially mount on the side of the building if possible. We need 1200 – 1800 amps for the building, which can be served by the existing transformer and the existing cables. Please add to anything I missed. Thanks again! Sara Sara Adams, AICP 970.925-2855 (o) 610.246.3236 (m) www.bendonadams.com