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HomeMy WebLinkAboutagenda.hpc.20230125AGENDA ASPEN HISTORIC PRESERVATION COMMISSION January 25, 2023 4:30 PM, City Council Chambers - 3rd Floor 427 Rio Grande Place Aspen, Co 81611 I.ROLL CALL II.MINUTES II.A Draft Minutes - 12/14/22 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 | Historic Preservation Conceptual Major Development | Relocation | Certificates of Affordable Housing Credits | Growth Management Quota System | Special Review | Transportation and Parking Management- CONTINUE PUBLIC HEARING TO FEBRUARY 22ND minutes.hpc.20221214_DRAFT.docx PROJECT MONITORING.doc 1 XII.NEW BUSINESS XII.A 602 E. Hyman Avenue– Minor Development Review, Commercial Design Review, PUBLIC HEARING XIII.ADJOURN XIV.NEXT RESOLUTION NUMBER 602 E Hyman HPC Memo.pdf 602 E Hyman HPC Resolution.pdf ExhibitA.DesignGuidelinesCriteria.pdf Exhibit B_HPC Minor 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 DECEMBER 14TH, 2022 Chairperson Thompson opened the regular meeting of the Aspen Historic Preservation Commission at 4:30pm. Commissioners in attendance: Jeffrey Halferty, Roger Moyer, Peter Fornell, Jodi Surfas, and Kara Thompson. Staff present: Amy Simon, Planning Director Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk MINUTES: Mr. Moyer moved to approve the minutes from 5/11/22 and 11/9/22. Mr. Halferty seconded. All in favor, motion passes. PUBLIC COMMENTS: None. COMMISSION MEMBER COMMENTS: None. DISCLOSURE OF CONFLICTS OF INTEREST: None PROJECT MONITORING: Ms. Simon mentioned that she needed to work with a few members on some of their projects. Mr. Moyer then asked about “No Problem Joe’s” old house. He said he noticed a south side window was missing and a piece of plywood was put up and he was wondering if they were restoring the window. Ms. Simon said she would need to look into it. STAFF COMMENTS: Ms. Simon said that the Elks Building was preparing for some restoration, including repointing, and have hired the same group that worked on the Wheeler Opera House. Mr. Moyer asked if there were any updates on the painted brick buildings in town and the maintenance manual. Ms. Simon said that a report had been put together on the painted buildings which she would present at an upcoming meeting and that the maintenance manual was still in progress. Mr. Halferty asked about an update from the siding consultants. Ms. Simon described the goals of the project and updated the progress. CERTIFICATE OF NO NEGATIVE EFFECT: None. CALL UP REPORTS: Ms. Simon said that both the 434 E. Cooper and 520 E. Cooper items had gone to Council, and they upheld HPC’s decision and also that the porch roof at Jing item went to Council and they upheld HPC’s decision but did not let Jing install the proposed panels. SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice, and that notice was provided per the code for the new business item of 500 E. Durant. REGULAR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 14TH, 2022 OLD BUSINESS: 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, 2023. MOTION: Ms. Thompson moved to continue the Public Hearing to January 25th, 2023. Mr. Halferty seconded. All in Favor, motion passes. NEW BUSINESS: 500 E. Durant – Minor Development Review and Commercial Design Review, PUBLIC HEARING Applicant Presentation: Chris Bendon – Bendon Adams Mr. Bendon began by introducing the Belly Up building and described a few of the tenants. He also introduced Paul Clayton and Stephen Williams from Clayton Korte Architects and Michael Goldberg from the Belly Up. Mr. Bendon mentioned that the applicant was doing mostly interior changes and he went over a brief history of the building and described its location, noting that it is not listed as a historic building and that there are no historic buildings on the block face, but the building does live in the historic commercial core district. Next, he described some of the interior changes planned. He showed the current condition of the Galena St. façade and a rendering of the proposed exterior changes, noting that this would include an extension of the elevator, the removal of an exterior stair access and also a materials refresh. He then showed the current conditions of the Durant façade and a rendering of the proposed exterior changes to include an updated window packet. A sample of the window packet was then passed around to the members. He then pointed out the proposed extended balcony compared to the two smaller separate existing balconies. The proposed balcony would extend across the whole south façade. A site plan of the ground floor was shown, and Mr. Bendon pointed out the proposed outdoor dining area. He mentioned that the redesign maintains the character defining features of the main roof gable and modernizes the materials of the balcony. Next Mr. Bendon showed a few pictures of existing buildings in the core and highlighted different ways that brick has been treated. He then described their proposed mineral wash for the brick columns and noted that it was a point that staff wanted to be discussed with HPC. He went over some of their reasons for choosing it, including that is a water-based product that is removable and does not seal the brick. Then a few samples of the product applied to brick were passed around and he noted that the existing brick on the building is a much harder material than what’s found on most historic buildings in town. He then said that they believe the related guidelines have been met and when over their reasoning for this. Mr. Bendon then turned it over to Michael Goldberg for a few comments. Mr. Goldberg mentioned that they have spent over a year developing this concept and think they have something really exciting to offer this corner of town. Ms. Thompson asked about the proposed extension of the elevator, particularly the overrun because those typically come back at permit submittal, bigger than what is originally proposed. Mr. Clayton said that there would be no overrun as they are only extending the existing Lula lift. Regarding the posts and beams proposed for the porch extension to support the upper balcony, Ms. Thompson said it looked like they had intentionally aligned them out of character with the chalet style of the building and asked if that was on purpose. Mr. Clayton said yes and described their reasoning related to the existing design of the building. REGULAR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 14TH, 2022 Mr. Moyer asked who the manufacturer of the mineral wash was. Mr. Clayton said it was Chateau Domingue out of Houston. Mr. Moyer asked if a sealer was required before application and about the removal process. Mr. Clayton said no sealer is required and that it can be removed by power washing. Mr. Halferty asked how the mineral wash is applied and about its opacity. Mr. Clayton said it is applied by brush and that it is very opaque. Ms. Thompson asked if they had tested the mineral wash on the grout to which Mr. Clayton said no, just on brick samples. Staff Presentation: Amy Simon – Planning Director Ms. Simon started by noting that there had been several discussions with other City Departments prior to this meeting, including Environmental Health and Engineering related to trash storage in the alley and drainage issues on the outdoor patio on Durant. She noted that the applicant is actually decreasing the net leasable space so there is no concern that more employees would be generated. Two spinoff reviews related to Growth Management and view planes were mentioned and described. Those would take place after HPC’s review. Ms. Simon went on to describe some of the history of the building and noted that while it was not a designated historic building it does represent an important era of the development of downtown. Some historical pictures of downtown were shown. Ms. Simon then went over some things staff had pointed out in the memo related to the guidelines. These included the window design and mineral wash. She mentioned that staff is really opposed to the use of the mineral wash for many reasons. One of which is that a very strong characteristic of the downtown core is the use of natural red masonry and staff believes that this needs to be respected. She said that there is a real potential loss of identity downtown if the material compatibility continues to be erased. She showed pictures of two adjacent buildings where red brick is seen. She expressed some concern over the durability of the mineral wash and said that staff is recommending against any type of coating of the brick, which is the only condition of approval in the resolution. She said there is a lot of good here and that staff recommends approval of this with the condition to not coat the brick. PUBLIC COMMENT: Jimmy Marcus stated that this was one of the earlier buildings that his father had built and while it may not have been designed by a notable architect, they are very proud it is still here and are glad it won’t be heading to the landfill. He said this is their one chance to breath new life into the building for another 50 years and thought the proposed design honored its history but gave it a bit more of a contemporary clean look. He thought that the red brick on the building looked very dated. BOARD DISCUSSION: Ms. Thompson opened board discussion by thanking the applicants. She noted the main issue of discussion would be the brick. Mr. Halferty also thanked the applicants and said he thought the application met many of the guidelines. He said that whatever they do on the board he always wants to make it is retrievable. He noted that for other material types like wood siding they don’t get into colors, but for the brick here thought it should be restudied. Knowing the applicants concern about the existing brick and also staff’s comments about protecting the overall neighborhood and how the brick was used historically, he hoped there would be a way to address both concerns. He asked for a good mockup of the brick coating to be approved by staff and monitor. He was in support of the application, with more details about the brick coating and a mockup to be provided and approved. REGULAR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 14TH, 2022 Ms. Surfas asked if the issue with the wash was its application or its color. She felt she was hearing both concerns. Ms. Thompson thought that staff’s concern was about any treatment to any brick. Ms. Simon said the design guidelines for the entire neighborhood talk of natural red toned bricks being important to the character of the downtown. She said the main concern is not the actual color of the coating, but more about erasing that character and definition of the brick and grout lines. Mr. Bendon said that the grout lines would still be visible with the wash, and you will still see the individual bricks and grout lines. Ms. Surfas said she was still conflicted as the concerns she was hearing from Ms. Simon were different from the concerns about washing brick with a coating and what happens to the brick. There was then some discussion about the differing concerns. Mr. Fornell said he was satisfied with the application as being presented and stated that the building is in the Historic District but is not a historic building. He said he would be looking at this differently if this was a historic asset, but the other option of the applicant would be demolition. He agreed with Mr. Halferty about the use of a mockup of the brick wash to be reviewed by staff and monitor. Ms. Thompson said her concern was with the opaqueness of the wash. She heard the applicant say that the grout lines would still be visible, but she really didn’t believe it and would like to see a sample of it applied. Mr. Moyer said he thought it was a fine project and meets all the guidelines. On this this building he did not oppose the mineral wash product. He said that if this building was in the middle of a row of historic buildings, he might be more in tune with staff’s concerns about maintaining the brick, but this is an isolated building. He asked some questions about the product details and its manufacturer. He then said that the board needed to have further discussion about washing brick located in the historic core but on non-historic buildings. He also agreed with Mr. Halferty on the importance of a mockup. MOTION: Ms. Thompson moved to approve the next resolution in the series with the revision to section #1 to include a requirement that a sample of the brick finish be applied in an inconspicuous location on the building including both the brick and mortar to be reviewed by staff and monitor and to brought back to the board if an acceptable application is not agreed upon. The motion also included striking the window condition. Mr. Moyer seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Mr. Halferty, yes; Ms. Thompson, yes. 5-0: All in favor, motion passes. Mr. Moyer was assigned to be the monitor on the project. 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 1/20/2023 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 500 E. Durant 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 500 E. Durant 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 1/20/2023 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 Need a monitor: 413 E. Main Page 1 of 6 427 Rio Grande Place | aspen.gov MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Planning Director MEETING DATE: January 25, 2023 RE: 602 E. Hyman Avenue– Minor Development Review, Commercial Design Review, PUBLIC HEARING APPLICANT /OWNER: PDR Aspen, LLC, 602 E. Hyman Avenue, Unit 201, Aspen, CO 81611 REPRESENTATIVE: Dave Rybak, Rybak Architecture and Development LOCATION: Street Address: 602 E. Hyman Avenue Legal Description: Unit 201 plus GCE and LCE areas of the property legally described as 602 East Hyman Avenue Condominiums, City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2737-182-12-056, 2737- 182-12-058 and 2737-182-12- 804 CURRENT ZONING & USE MU, Mixed Use Retail, office and residential PROPOSED ZONING & USE: No change SUMMARY: The applicant requests approval for exterior changes to the subject property, including adding new pavers in the southwest courtyard, adding a screen wall around utility meters and enlarging a second floor door and window grouping on the west facade. STAFF RECOMMENDATION: Staff recommends approval for the pavers, modifications to the utilities screen, and denial of the proposal to enlarge an opening in a historic wall. 602 E. Hyman Avenue Page 2 of 6 427 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 designated property. The Historic Preservation Commission (HPC) is the final review authority. The project is subject to Call-Up notice to City Council. STAFF COMMENTS: 602 E. Hyman is an AspenModern landmark, voluntarily designated historic by the owner in 2013. It was designed in a few phases, the last of which is attributed to a local modernist architect of note, Ellie Brickham. A full rehabilitation of the building and an addition were completed in 2019. The applicant for this review owns the residential unit and the commercial unit on the second floor of the building. They request a change in fenestration at the entry to their unit, accessed from a deck at the southwest corner of the historic portion of the building. In addition they would like to improve the appearance of areas adjacent to their units, adding sand set pavers below their deck, and a screen wall for fairly conspicuous utility meters, on the street facing west wall of the resource. The applicable review criteria and staff findings are detailed in Exhibit A. Staff supports the request for the pavers, which have no direct impact on the historic structure and improve usability of outdoor space. There is a large tree that must be preserved in this corner of the site and for that reason mulch was required in the courtyard area in the past to protect the tree roots. The City Forester has authorized careful installation of these pavers to proceed now. Page 3 of 6 427 Rio Grande Place | aspen.gov Regarding the proposed fence to screen the utility meters, staff supports the concept but suggests that a more minimal panel, closer to the meters, perhaps painted white, that is hinged or can be removed when needed would be adequate. The proposed fence, which is 6’ tall, is a fairly substantial obstruction in front of the resource. Painting the meters to match the wall or adding more landscaping might also be improvements. The design guidelines do encourage careful location and/or screening of these elements. Staff’s recollection is that this wall was identified as the only reasonable location for meters given various codes, but they are admittedly visually intrusive. The application mentions that the proposed utility meter screening fence might be perceived to reduce the required Pedestrian Amenity (loosely defined as open space) on the site because it will enclose and block view of a landscaped area. This is arguably true, however in reviewing the diagram of required Pedestrian Amenity from the 2017 permit, it appears that the architect at the time understated the amount of qualifying area that was actually being provided, not counting the walkway near the meters, for instance. Staff finds that there is no net decrease of Pedestrian Amenity occurring, even if the proposed design is approved. Page 4 of 6 427 Rio Grande Place | aspen.gov The final request in the application is to widen the existing door and window grouping at the entry to the upper floor residential unit. The application describes that an opening existed in this area in the original early 1970s design. At the time, the opening was approximately 6’ wide and the associated entry deck was smaller. In the recent renovation, the deck was enlarged and the doors and window were increased to 10’4” wide. The current request is a 14’3” opening. Staff does not support this continued increase in the opening in the historic façade, finding that the design guidelines are not met. During the previous land use review, the board denied the addition of a separate window adjacent to this entry door, finding it to destroy historic fabric and to depart from the original design. Clear images of all sides of the building are not available from Existing west facade Page 5 of 6 427 Rio Grande Place | aspen.gov the period of construction, however generally there were large openings on the south façade and limited punched openings on the east and west. South façade in 1975 Page 6 of 6 427 Rio Grande Place | aspen.gov RECOMMENDATION: Staff recommends HPC approve the pavers, allow for a new utility screen to be further refined through staff and monitor, and deny the fenestration change, as stated in the attached Resolution. ATTACHMENTS: Resolution #____, Series of 2023 Exhibit A- Design Review/Staff Findings Exhibit B- Application HPC Resolution #x, Series of 2023 Page 1 of 3 RESOLUTION #X, SERIES OF 2023 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MINOR DEVELOPMENT REVIEW AND COMMERCIAL DESIGN REVIEW FOR THE PROPERTY LOCATED AT 602 E. HYMAN AVENUE, UNIT 201 PLUS GCE AND LCE AREAS OF THE PROPERTY LEGALLY DESCRIBED AS 602 EAST HYMAN AVENUE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: # 2737-182-12-056, 2737-182-12-058 and 2737-182-12-804 WHEREAS, the applicant, PDR Aspen, LLC, represented by Rybak Architecture and Development, has requested HPC approval for Minor Development and Commercial Design Review for the property located at 602 E. Hyman Avenue, 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 review standards and recommended approval with conditions, with the exception of a fenestration change; and WHEREAS, HPC reviewed the project on January 25, 2023, considered the application, the staff memo and public comment, and found the proposal consistent with the review standards and granted approval, with the exception of the fenestration change, by a vote of x-x. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development and Commercial Design Review for 602 E. Hyman Avenue 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 exception of the proposed fenestration change, which is HPC Resolution #x, Series of 2023 Page 2 of 3 denied. Regarding the proposed screen wall for the utility meters, the architect is to provide a restudy for review and approval by staff and monitor which reduces the screen, for instance to be a single plane panel, closer to the meters, painted white, hinged, or removable, or which reduces the visual impact of the meters by painting them white or adding more adjacent vegetation of a similar height. 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: 602 E. Hyman Avenue, Aspen, CO, 81611. HPC Resolution #x, Series of 2023 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 25th day of January, 2023. 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 5 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 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. 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 project is subject to compliance with the applicable Historic Preservation Design Guidelines and Commercial Design Guidelines listed below. Guidelines which staff finds are not met are highlighted. It is recommended that the utility meter screen wall be restudied for review and approval by staff and monitor, with the goal of reducing visual impact in the foreground of the resource to best comply with historic preservation guideline 12.4 and Commercial guideline 1.31. The enlargement of fenestration on the historic resource is found to be inappropriate as it does not meet historic preservation guideline 3.7. Page 2 of 5 RELEVANT HISTORIC PRESERVATION DESIGN GUIDELINES 1.9 Landscape development on AspenModern landmarks shall be addressed on a case by case basis. 1.11 Preserve and maintain historically significant landscaping on site, particularly landmark trees and shrubs. • Retaining historic planting beds and landscape features is encouraged. • Protect historically significant vegetation during construction to avoid damage. Removal of damaged, aged, or diseased trees must be approved by the Parks Department. • If a significant tree must be removed, replace it with the same or similar species in coordination with the Parks Department. • The removal of non-historic planting schemes is encouraged. • Consider restoring the original landscape if information is available, including original plant materials. 1.12 Provide an appropriate context for historic structures. See diagram. • Simplicity and restraint are required. Do not overplant a site, or install a landscape which is overtextured or overly complex in relationship to the historic resource, particularly in Zone A. In Zone A, new planting shall be species that were used historically or species of similar attributes. Page 3 of 5 • In areas immediately adjacent to the landmark, Zone A and Zone B, plants up 42” in height, sod, and low shrubs are often appropriate. • Contemporary planting, walls and other features are not appropriate in Zone A. A more contemporary landscape may surround new development or be located in the rear of the property, in Zone C. • Do not cover areas which were historically unpaved with hard surfaces, except for a limited patio where appropriate. • Where residential structures are being adapted to commercial use, proposals to alter the landscape will be considered on a case- by-case basis. The residential nature of the building must be honored. • In the case of a historic landmark lot split, careful consideration should be given so as not to over plant either property, or remove all evidence of the landscape characteristics from before the property was divided. • Contemporary landscapes that highlight an AspenModern architectural style are encouraged. 3.7 Adding new openings on a historic structure is generally not allowed. • Greater flexibility in installing new windows may be considered on rear or secondary walls. • New windows should be similar in scale to the historic openings on the building, but should in some way be distinguishable as new, through the use of somewhat different detailing, etc. • Preserve the historic ratio of window openings to solid wall on a façade. • Significantly increasing the amount of glass on a character defining façade will negatively affect the integrity of a structure. 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. • Place mechanical equipment on the ground where it can be screened. • Mechanical equipment may only be mounted on a building on an alley façade. • Rooftop mechanical equipment or vents must be grouped together to minimize their visual impact. Where rooftop units are visible, it may be appropriate to Page 4 of 5 provide screening with materials that are compatible with those of the building itself. Use the smallest, low profile units available for the purpose. • Window air conditioning units are not allowed. • Minimize the visual impacts of utility connections and service boxes. Group them in a discrete location. Use pedestals when possible, rather than mounting on a historic building. • Paint mechanical equipment in a neutral color to minimize their appearance by blending with their backgrounds • In general, mechanical equipment should be vented through the roof, rather than a wall, in a manner that has the least visual impact possible. • Avoid surface mounted conduit on historic structures. RELEVANT COMMERCIAL DESIGN STANDARDS AND GUIDELINES- GENERAL 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. MANDATORY STANDARD 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. Page 5 of 5 1.31 Minimize the visual impacts of utility connections and service boxes. • Group and discreetly locate these features. • Use screening and materials that compliment the architecture. 1.34 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. MANDATORY STANDARD Remodel 1.33 All remodel projects shall meet Standards 1.22 and 1.23. 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.          600 East Hopkins Avenue, Suite 303 Aspen, Colorado 81611 PH/FX 970 925 1125 daverybak.com November 2, 2022 Ms. Amy Simon, Planning Director City of Aspen Community Development 427 Rio Grande Place Aspen, CO 81611 RE: 602 E. Hyman Avenue, Unit 201 Historic Preservation Minor Development Review Ms. Simon: Please accept this application for a Historic Preservation Minor Development and Commercial Design Standard Reviews to make three modifications to the exterior of the EB Building, at 602 E Hyman Avenue. The owners of the residential unit have identified three elements they would like to modify to enhance their use of the residence. Request 1 is to enlarge the existing door opening on the West Elevation that accesses the exterior deck. Request 2 is to install sand set stone pavers below the exterior deck on the West façade. Request 3 is to install a wood fence to at the West Building entrance to screen the utility meters. The building was designated as an Aspen Modern Historic Landmark via Ordinance 10, 2013. A renovation project received Major Development and Commercial Design Standard Review via Resolution 3, 2014. In 2017 the building was renovated into the present condition. This application responds to the Historic Preservation Minor Development Review and Commercial Design Standards Review sections of the Land Use Code. The property is located within the C-1 Zone District; therefore, the existing residential unit is a non- conforming existing use. No change to the residential or commercial floor areas, gross, calculated F.A.R. or net livable/leasable areas are being requested in this application. Parcel Description Legal: 602 East Hyman Ave Condo, Unit 201 Common: 602 E Hyman Ave., Unit 201 Parcel ID No: 2737 182 12 058 Request 1 – Enlarging the door opening on the West Façade Photos of the original EB Building show a door with adjacent sidelite; approximately 6 feet wide, opening to an above grade deck. The 2017 renovation enlarged this opening to 10’-4” and inserted a 4-panel sliding door system. This application requests to enlarge the opening to 14’-3”, extending the opening to the South edge of the deck. A 3-panel, sliding door system would be installed matching the 7’-4” height of the existing door. The proposed door maintains the panel system of the original opening, while     602 E. Hyman, Unit 201      HP Minor Development Review      November 2, 2022    2   enhancing the modern character of the building. Located behind the existing spruce tree, this element is somewhat screened from public view, sitting just below the canopy of the tree. File photo of EB Building, prior to the 2017 Renovation     602 E. Hyman, Unit 201      HP Minor Development Review      November 2, 2022    3   Photo of West Façade, current condition Elevation of proposed Enlarged Opening     602 E. Hyman, Unit 201      HP Minor Development Review      November 2, 2022    4   Request 2 – Installation of sand set stone pavers below the existing Second floor deck The area below the existing West deck is a barren unused area covered with mulch. This application requests installation of square pavers to replace the mulch. This installation will allow access from the sidewalk to the stair and area below the deck without stepping on mulch per the current condition. The installation has been reviewed with David Coon, City Forester, and agreed proper installation above undisturbed soils will not affect the health of the existing tree. Photo of existing condition Proposed Site Plan of sandset stone pavers     602 E. Hyman, Unit 201      HP Minor Development Review      November 2, 2022    5   Request 3 – Installation of wood fence at West building entry to screen utility meters The primary entrance to the building, for access to the second story Residence and neighboring Commercial Unit, is via a sidewalk system at the Northern end of the West facade. Along this entry sequence the electrical meters, disconnects, and natural gas meter are place on a prominent wall. A wood fence, detailed to match the existing wood fence screening the trash area at the North end of the property would be installed to screen the meters and enhance the Entry sequence. Existing condition Proposed wood screen at utility meters We believe the three proposed modifications do not distract from the original historic resource and enhance the modern aesthetic of the EB Building. Please accept this application and the accompanying attachments for Historic Minor Development and Commercial Design Standard Reviews. Sincerely, David Rybak, AIA     602 E. Hyman, Unit 201      HP Minor Development Review      November 2, 2022    6   ATTACHMENTS: 1. Land Use Application 2. Agreement to Pay 3. HOA Compliance Form 4. Letter of Authorization 5. Proof of Ownership – Title Commitment 6. Pre-application Conference Summary 7. Vicinity Map 8. Site Improvement Survey 9. List of Property Owners within 300 Feet 10. Ordinance 10, 2013 11. Resolution 3, 2014 12. Historic Preservation Minor Development Review Criteria and Responses 13. Commercial Design Standards Review and Criteria 14. Land Use Code – Governing Sections and Responses 15. Existing Conditions Photographs 16. Neighborhood Context Photographs 17. Drawing Package a. Site Plan b. Floor Plans c. Elevations d. Imagery CCity o f Aspen Co mmuni ty Develop ment Dep art m e n t Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 ATTACHMENT 2 - Historic Preservation Land Use Application PROJECT: APPLICANT: Name: Address: Phone #: Fax#: E-mail: REPRESENTATIVE: Name: Address: Phone #: Fax#: E-mail: TYPE OF APPLICATION: (please check all that apply): EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Name: Location: (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED) …Historic Designation …Certificate of No Negative Effect Certificate of Appropriateness …Minor Historic Development …Major Historic Development …Conceptual Historic Development …Final Historic Development …Relocation (temporary, on or off-site) …Demolition (total demolition) …Substantial Amendment …Historic Landmark Lot Split 602 E. Hyman Ave, Unit 201 PDR Aspen, LLC. 2737 182 12 058 PDR Aspen, LLC Rybak Architecture & Development, P.C. 600 E. Hopkins Ave., Suite 303 970 925 1125 dave@daverybak.com X Mixed Use Building, renovated in 2017. Approvals: Reso 35-2013, Ord. 10-2013 & Reso 3-2014 No change of uses, exterior modification of West facade at 2nd Floor door, at grade patio & landscape screen CCity o f Aspen Co mmuni ty Develop ment Dep art m e n t Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved. YES NO … … Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? … … Does the work you are planning include interior work, including remodeling, rehabilitation, or restoration? … … Do you plan other future changes or improvements that could be reviewed at this time? … … In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior’s Standards for Rehabilitation or restoration of a National Register of Historic Places Property in order to qualify for state or federal tax credits? … … If yes, are you seeking federal rehabilitation investment tax credits in Conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) … … If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use: … Rehabilitation Loan Fund … Dimensional Variances … Tax Credits … Increased Density … Conservation Easement Program … Waiver of Park Dedication Fees … Conditional Uses … Historic Landmark Lot Split X X X X X X CCity o f Aspen Co mmuni ty Develop ment Dep art m e n t Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: _______________________________ Proposed % of demolition: ____________________________________% DIMENSIONS: (write N/A where no requirement exists in the zone district) Floor Area: Height Existing: Allowable: Proposed: Principal Bldg.: Existing: Allowable: Proposed: Accessory Bldg.: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined Front/Rear: Indicate N, S, E, W Existing: Required: Proposed: _______________ Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance between buildings Existing: Required: Proposed: Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested (identify the exact variances needed): PDR Aspen, LLC. Rybak Architecture & Development, P.C. 602 E. Hyman Ave., Unit 201 C-1 6,002 SF 6,002 SF 4,164.58 4,164.58 No Change 1 1, No Change Residential Unit is now a non-conformity in the C-1 Zone District, due to Code revisions. None 0 0 0 28' 0 0 0 25.6'No Change 2 2 No Change 0 0 No Change No Change No Change No Change No Change No Change 0 0 0 Not Applicable Not Applicable No Requirement No Requirement 6,410.70 SF No Change12,004 SF 28 SF = 0.28 CCity o f Aspen Co mmuni ty Develop ment Dep art m e n t Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 Matrix of the City of Aspen’s Historic Preservation Land Use Application Requirements To review full procedures for all applications, reference 26.415 of the City of Aspen building code, Historic Preservation Ordinance. When submitting multiple step applications, do not replicate submission materials. Two copies of the application are required for a Certificate of No Negative Effect, 15 copies are required for each meeting. Also note that an electronic version of all text documents is required. Type of Review Application Requirements Fees Deposit Fee Notice Requirements DDesignation 1-9, 11,12 $0 Publication, Posting and Mailing Pursuant to Sections: 26.304.060 (E) (3) (a) (b) (c.) at HPC and Council Exempt Development Consult with Historic Preservation Officer to confirm exempt status $0 None CCertificate of No Negative Effect 1-9, 15, 17 $245 None Minor Development 1-10, 15, 16, 17, 36 $735 Posting Pursuant to Sections: 26.304.060 (E) (3) (b) Major Development/Conceptual 1-10, 14, 17, 18, 19, 20 Development under 1,000 sf, $1,470 Development over 1,000 sf, $2,940 Publication, Posting and Mailing Pursuant to Sections: 26.304.060 (E) (3) (a) (b) (c.) MMajor Development/Final 1-10, 16, 21, 22, 36 Paid at time of conceptual Publication, Posting and Mailing Pursuant to Sections: 26.304.060 (E) (3) (a) (b) (c.) Substantial Amendment 1-10, 16, 23, 24, 25, 36 $735 Publication, Posting and Mailing Pursuant to Sections: 26.304.060 (E) (3) (a) (b) (c.) Demol it ion 1-9, 26 $2,940 Publication, Posting and Mailing Pursuant to Sections: 26.304.060 (E) (3) (a) (b) (c.) Relocation 1-9, 27-34 $2,940 Publication, Posting and Mailing Pursuant to Sections: 26.304.060 (E) (3) (a) (b) (c.) HHistoric Landmark Lot Split 1-10 $1,470 Publication, Posting and Mailing Pursuant to Sections: 26.304.060 (E) (3) (a) (b) (c.) at HPC and Council Rescinding Designation 1-9, 35 $1,470 Publication, Posting and Mailing Pursuant to Sections: 26.304.060 (E) (3) (a) (b) (c.) at HPC and Council This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)ALTA Commitment for Title Insurance (8-1-16) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Commitment COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. If this jacket was created electronically, it constitutes an original document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)ALTA Commitment for Title Insurance (8-1-16) COMMITMENT CONDITIONS 1.DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)ALTA Commitment for Title Insurance (8-1-16) (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule A Transaction Identification Data for reference only: Issuing Agent:Winter Van Alstine Issuing Office:Attorneys Title Insurance Agency of Aspen, LLC Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.: Commitment No.:22005060 Issuing Office File No.:22005060 Property Address:602 East Hyman, Unit #201, Aspen, CO 81611 SCHEDULE A 1. Commitment Date: October 14, 2022 at 07:45 AM 2. Policy or Policies to be issued: Amount Premium A.ALTA Owners Policy (06/17/06)$0.00 $0.00 Proposed Insured:TBD Certificate of Taxes Due $0.00 Endorsements: Additional Charges:$0 Total $0.00 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. The Title is, at the Commitment Date, vested in: PDR Aspen LLC, a Colorado limited liability company 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 602 East Hyman, Unit #201, Aspen, CO 81611. SCHEDULE A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A Attorneys Title Insurance Agency of Aspen, LLC By: Winter Van Alstine Authorized Officer or Agent FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII Commitment No: 22005060 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. 6.Evidence that all assessments for common expenses, if any, have been paid. 7.Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company 8.Special Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to hereinfrom PDR Aspen LLC, a Colorado limited liability company, to TBD, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9.Release of the Deed of Trust from PDR Aspen LLC, a Colorado limited liability company to the Public Trustee of Pitkin County for the benefit of JPMorgan Chase Bank, N.A., to secure an indebtedness in the principal sum of $9,450,000.00, and any other amounts and/obligations secured thereby, dated March 11, 2022 and recorded March 14, 2022 as Reception No. 685952. 10.A copy of the properly signed and executed Operating Agreement if written, for PDR Aspen LLC, a Colorado limited liability company, to be submitted to the Company for review. 11.Certificate of Good Standing from the Colorado Secretary of State for PDR Aspen LLC, a Colorado limited liability company. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 7 of 17 Disclosure Statement (5-1-15) Colorado 12.Record a Statement of Authority to provide prima facie evidence of existence of PDR Aspen LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 13.Evidence to the Company that all assessments and liens due under the Declaration referred to in Schedule B have been paid. 14.Additional Requirements may be included once the name of the Buyer is provided. 15.This Title Commitment is subject to underwriter approval. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Commitment No.: 22005060 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment 6.Any and all unpaid taxes, assessments and unredeemed tax sales. 7.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 8.Any water rights, claims of title to water, in, on or under the Land. 9.Taxes and assessments for the year 2022, and subsequent years, a lien not yet due or payable. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 9 of 17 Disclosure Statement (5-1-15) Colorado 10.Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and right of way for ditches or canals constructed by the authority of the United States, as described in the United States Patent dated June 2, 1881 and recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 060136. 11.Terms, conditions, provisions, agreements and obligations specified under An Ordinance Accepting a Map Entitled "Official Map of the City of Aspen, Pitkin County, State of Colorado," as the Official Map of the City of Aspen: Providing for Dedication of all streets and alleys, Except such streets and alleys heretofore vacated: and providing for the filing of said map, field notes, and Supplemental Plats with the Clerk and Recorder for Pitkin County (Ordinance No. 6, Series of 1959) dated November 16, 1959, and recorded December 18, 1959, in Book 189 at Page 354, as Reception No. 109043. 12.Reservations and exceptions as set forth in the Deed from the City of Aspen dated November 30, 1887, and recorded November 30, 1887, in Book 59 at Page 113, as Reception No. 021371, and in the Deed dated January 3, 1889, and recorded April 22, 1890, in Book 79 at Page 11, as Reception No. 035916, 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." 13.Mineral reservations as contained in the Mining Deed dated October 30, 1891, and recorded October 30, 1891, in Book 105 at Page 228, as Reception No. 044348, and in the Quit-Claim Deed dated June 22, 1894, and recorded June 23, 1894, in Book 115 at Page 407, as Reception No. 054791. 14.Terms, conditions, provisions, agreements and obligations specified under the Multipurpose Easement Agreement Electric and Communication Utilities, dated April 1, 1976, and recorded June 15, 1976, in Book 313 at Page 281, as Reception No. 184653. 15.Any and all notes, easements and recitals as disclosed on the recorded Improvement Survey, recorded May 22, 1998, in Plat Book 45 at Page 14, as Reception No. 417190. 16.Terms, conditions, provisions, agreements and obligations specified under A Resolution of the Aspen Historic Preservation Commission Recommending the Aspen City Council Approve Aspen Modern Historic Landmark Designation for the Property Located at 602 E. Hyman Avenue, Lots K and L, Block 99, City and Townsite of Aspen, Colorado, and Approving Conceptual Major Development, Conceptual Commercial Design Standard Review, Parking Waiver and Special Review for Utility/Trash/Recycling Area (Resolution 35, Series of 2013, recorded March 14, 2013, as Reception No. 597708. 17.Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the City Council of the City of Aspen, Colorado Approving Aspen Modern Historic Landmark Designation for the Property Located at 602 E. Hyman Avenue, Lots K and L, Block 99, City and Townsite of Aspen, Colorado (Ordinance #10, Series of 2013), recorded August 1, 2013, as Reception No. 602126. 18.Terms, conditions, provisions, agreements and obligations specified under A Resolution of the Aspen Historic Preservation Commission Amending HPC Resolution #5, Series of 2013 for the Property Located at 602 E. Hyman Avenue, Lots K and L, Block 99, City and Townsite of Aspen, Colorado (Resolution #27, Series of 2013), recorded September 26, 2013, as Reception No. 604072. 19.Terms, conditions, provisions, agreements and obligations specified under A Resolution of the Aspen Historic Preservation Commission Approving FInal Major Development and Commercial Design Standard Review for the Property Located at 602 E. Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado (Resolution #3, Series of 2014), recorded January 14, 2014, as Reception No. 607264. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 10 of 17 Disclosure Statement (5-1-15) Colorado 20.Terms, conditions, provisions, agreements and obligations specified under the Condominium Declaration for 602 East Hyman Avenue Condominiums, recorded October 22, 2019, as Reception No. 659775, and First Amendment to Condominium Declaration recorded November 3, 2021, as Reception No. 682259, and re-recorded November 8, 2021, as Reception No. 682415. 21.Any and all notes, encroachments, easements and recitals as disclosed on the recorded Condominium Map of 602 East Hyman Avenue Condominiums, recorded October 19, 2019, in Plat Book 126 at Page 10, as Reception No. 659776. NOTE: As disclosed on the recorded Condominium Map above, the following encroachments are as follows: 1. 0.1 foot building encroachments along the easterly boundary line; 2. 0.2 foot building encroachment and 5.2 foot roof overhang encroachment along the southerly boundary lines; 3. 0.4 foot roof overhang and wood fence encroachment along the westerly boundary line. 22.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. Form 5000000-EX (7-1-14)Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Exhibit A File No.: 22005060 The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: Unit 201, 602 EAST HYMAN AVENUE CONDOMINIUMS, according to the Condominium Map thereof recorded October 22, 2010, in Plat Book 126 at Page 10, and according to the Condominium Declaration for 602 East Hyman Avenue Condominiums recorded October 22, 2019 as Reception No. 659775, and First Amendment to Condominium Declaration recorded November 3, 2021 as Reception No. 682259, Pitkin County, Colorado. Form 50-CO-Disclosure (4-1-16)Page 12 of 17 Disclosure Statement (5-1-15) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and material-men’s liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Form 50-CO-Disclosure (4-1-16)Page 13 of 17 Disclosure Statement (5-1-15) Colorado NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. TELEPHONE 970 925-7328 FACSIMILE 970 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on application or other forms. Information about your transactions we secure from out files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. PRE-APPLICATION CONFERENCE SUMMARY DATE: October 06, 2022 PLANNER: Planner of the Day, planneroftheday@gmail.com REPRESENTATIVE: Dave Rybak, dave@daverybak.com PROJECT LOCATION: 602 E. Hyman Avenue REQUEST: Historic Preservation – Minor Development Review & Commercial Design Review DESCRIPTION: 602 E. Hyman Avenue is an Aspen Modern Landmark that was designated in 2013. This building was designed by Ellie Brickham, recognized as a significant local architect, whose work exemplifies the Modern Architecture movement in Aspen. The Historic Preservation Commission (HPC) reviewed and approved a Major Development scope of work on this property, which included minor exterior changes and additions (HPC Resolution #05, Series of 2013 and HPC Resolution #27, Series of 2013). Currently, this property consists of both commercial and residential uses. The applicant proposes the following modifications to the property which qualifies for Minor Development Review: construct a wooden screen around the existing utility meters along Hunter Street, site improvements that include hardscaping under the existing deck, alter an existing opening on the west façade of the landmark, and expand the roof terrace. The proposed scope of work must seek the HPC’s approval for Minor Development Review and Commercial Design Review. The applicant must demonstrate compliance with all applicable criteria in the Historic Preservation Design Guidelines, Commercial, Lodging, and Historic District Design Standards (Chapter 1 – General and Chapter 4 – Commercial Area), and all applicable Land Use Code Sections. The Minor Development Review and Commercial Design Review may be consolidated into a one-step process reviewed by the Historic Preservation Commission (HPC) where the project may be approved, disapproved, or approved with conditions. Following approval, if granted, staff will inform City Council of the HPC decision, allowing them the opportunity to uphold the HPC’s decision or to “Call-Up” aspects of the approval for further 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 of Reviews 26.412.040.F Appeals, Notice of Approval and Call-up 26.415.070.C Historic Preservation – Minor Development Review 26.575.020 Calculations and Measurements 26.710.150 Commercial (C-1) Zone District For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code Historic Preservation Design Guidelines Commercial Design Guidelines and Standards Review by: Staff for completeness and recommendations Historic Preservation Commission (HPC) for approval. Public Hearing: Yes, HPC review. Referrals: Staff may seek referral comments from the Building Department, Zoning, Engineering and Parks regarding any relevant code requirements or considerations. There will be no Development Review Committee meeting or referral fees. 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.) Total Deposit: $1,300. APPLICATION CHECKLIST: Below is a list of submittal requirements for HPC Minor Review and Commercial Design Review. Please email the entire application as one pdf to planneroftheday@gmail.com. The fee will be requested after the application is determined to be complete.  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 (last page of this preapplication).  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 showing all existing conditions including topography and vegetation, certified by a registered land surveyor, licensed in the state of Colorado.  A written description of the proposal (scope of work) and written explanation of how the proposed development complies with the review standards and design guidelines relevant to the application.  A proposed site plan showing setbacks and property boundaries.  Scaled drawings of proposed structure clearly depicting its form, height, mass/scale and roof plan. Primary elevation drawings must be included for review.  An accurate representation of all building materials and finishes to be used in the development. Please include relevant cut-sheets for all materials for review.  Supplemental materials to provide a visual description of the context surrounding the designated historic property including photographs and other exhibits, as needed, to accurately depict location and extent of proposed work. 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. Scale: Date: V-1 VICITNTY MAP 10/28/22 PDR Aspen, LLC PROPERTY LOCATION Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273718212804 on 10/28/2022 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 204 S GALENA ST LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 208 S SPRING ST LLC ASPEN, CO 81611 208 S SPRING ST #2 300 SOUTH SPRING 303 LLC ASPEN, CO 81611 610 E HYMAN 300 SOUTH SPRING ST CONDO ASSOC ASPEN, CO 81611 300 S SPRING ST 301 ASPEN LLC ASPEN, CO 81611 730 E DURANT #200 308 HUNTER LLC DENVER, CO 80218 490 N WILLIAMS ST 514 AH LLC ASPEN, CO 81611 514 E HYMAN AVE 516 EAST HYMAN AVENUE LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 517 EAST HOPKINS ASPEN LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 530 HOPKINS LLC ASPEN, CO 81611 530 1/2 E HOPKINS 601 EAST HOPKINS CONDO ASSOC ASPEN, CO 81611 COMMON AREA 601 E HOPKINS AVE 610 EAST HYMAN LLC ASPEN, CO 81611 610 E HYMAN AVE 616 E HYMAN AVE LLC WILMINGTON, DE 19807 251 LITTLE FALLS DR 620 ASPENHOP CONDO LLC PARKER, CO 80134 10851 S CROSSROADS DR #E 620 E HOPKINS CONDO ASSOC ASPEN, CO 81611 COMMON AREA 620 E HOPKINS AVE 623 HOPKINS LLC MIAMI, FL 33172 700 NW 107 AVE 4TH FLR 625 HOPKINS LLC MIAMI, FL 33172 700 NW 107 AVE 4TH FLR 627 E HOPKINS LLC ASPEN, CO 81611 101 S MILL ST #200 630 E COOPER 1 ASSOCIATES LLC ASPEN, CO 81611 205 S MILL ST STE 301A 630 E COOPER 13 ASSOCIATES LLC ASPEN, CO 81611 205 S MILL ST STE 301A 630 E COOPER 2 ASSOCIATES LLC ASPEN, CO 81611 257 PARK AVE 630 E COOPER 6 ASSOCIATES LLC ASPEN, CO 81611 205 S MILL ST STE 301A 630 E HYMAN #207 LLC ASPEN, CO 81611 190 RIVERDOWN DR 630 EAST COOPER 4 ASSOCIATES LLC ASPEN, CO 81611 257 PARK AVE 630 EAST COOPER 9 ASSOC LLC ASPEN, CO 81611 257 PARK AVE 633 SPRING II LLC ASPEN, CO 81612 PO BOX 8485 700 E HYMAN CONDO ASSOC ASPEN, CO 81611 700 E HYMAN AVE 702 E HYMAN LLC ASPEN, CO 81612 PO BOX 10921 AJAX DB INVESTMENTS LLC BEVERLY HILLS, CA 902122974 9401 WILSHIRE BLVD 9TH FL ALPINE BANK GLENWOOD SPRINGS, CO 81601 2200 GRAND AVE ALPINE BANK ASPEN GLENWOOD SPRINGS, CO 81601 2200 GRAND AVE AMORPHOUS LLC ASPEN, CO 81611 312 AABC #D AP RT 29 LLC ASPEN, CO 81612 PO BOX 8485 ART MUSEUM LLC OAKBROOK , IL 60522 PO BOX 5256 ASPEN ART MUSEUM ASPEN, CO 81611 590 N MILL ST ASPEN AVA 730 LLC DALLAS, TX 75230 6407 MEADOW RD ASPEN BLOCK 99 CONDO ASSOC ASPEN, CO 81611 532 E HOPKINS AVE ASPEN CLARKS REAL ESTATE LLC AUSTIN, TX 78704 1711 S CONGRESS AVE #200 ASPEN CORE CONDO ASSOC ASPEN, CO 81611 535 E HYMAN AVE ASPEN MUSE PH LLC HIGHLAND PARK, IL 60035 1850 SECOND ST ASPEN OFFICE PARTNERSHIP LLC ASPEN, CO 81611 520 E COOPER AVE #C7 ASPEN OFFICE PARTNERSHIP LLC ASPEN, CO 81611 625 E MAIN ST #102-B-233 ASPEN PLAZA LLC ASPEN, CO 81612 PO BOX 1709 ASPENHOF CONDO ASSOC ASPEN, CO 81611 600 E HOPKINS AVE #203 ASPENHOF CONDO ASSOC ASPEN, CO 81611 520 E COOPER AVE AUMAN HOWARD F III & LINDSEY W GREENSBORO, NC 27408 812 COUNTRY CLUB DR AUSTIN LAWRENCE CONNER LLC ASPEN, CO 81611 532 E HOPKINS AVE AVP PROPERTIES LLC ASPEN, CO 81611 630 E HYMAN AVE #25 BASS CAHN 601 LLC BOCA RATON, FL 33434 20155 BOCA WEST DR A-201 BERN FAMILY ASPEN PROPERTY LLC ASPEN, CO 81611 835 CHATFIELD RD BG SPRING LLC ASPEN, CO 81611 300 S SPRING ST #202 BIG HOPKINS LLC BEVERLY HILLS, CA 90210 421 N BEVERLY DR #300 BISCHOFF JOHN C INPERIAL BEACH, CA 919321111 565 CITRUS AVE BORGIOTTI CLAUDIO SILIO REV TRUST VIENNA, VA 22182 10509 HUNTING CREST LN BOULANGEE ERICA ASPEN, CO 81611 300 S SPRING ST #203 BOWDEN FAMILY LIMITED PARTNERSHIP HOUSTON, TX 77056 1780 S POST OAK LN BPOE ASPEN LODGE #224 ASPEN, CO 81611 510 E HYMAN AVE 3RD FL BPOE CONDO ASSOC ASPEN, CO 81611 510 E HYMAN AVE THIRD FLOOR BPS ASPEN HOLDINGS LLC SEARCY , AR 72145 PO BOX 1009 BROWNSTONE TOWNHOUSE CONDO ASPEN, CO 81611 208 S SPRING ST CALDWELL EDWARD B NASHVILLE, TN 37215 4216 WALLACE LN CALDWELL EDWARD BARRICK NASHVILLE, TN 37215 4216 WALLACE LN CALDWELL PAIGE T NASHVILLE, TN 37215 4216 WALLACE LN CASTRONICS LLC HOUSTON, TX 77049 7814 MILLER RD #3 CF HOPKINS LLC MIAMI, FL 33172 700 NW 107 AVE 4TH FL CHATEAU ASPEN #21-A LLC ASPEN, CO 81611 600 E HOPKINS AVE #203 CHATEAU ASPEN CONDO ASSOC ASPEN, CO 81611 630 E COOPER CICUREL FAMILY INVESTMENT TRUST CHICAGO, IL 60610 9 W WALTON #1703 CICUREL TERI A CHICAGO, IL 60610 9 W WALTON #1703 CITY OF ASPEN ASPEN, CO 81611 427 RIO GRANDE PL COBLE JANE H NASHVILLE, TN 37218 5033 OLD HICKORY BLVD CONNER CABINS & LOFTS CONDO ASSOC ASPEN, CO 81611 COMMON AREA 530 E HOPKINS AVE COOPER STREET DEVELOPMENT LLC ASPEN, CO 81612 PO BOX 8485 COX ANTHONY E LIVING TRUST CAPITOLA, CA 95010 1260 41ST AVE #O CRANDALL BUILDING CONDO ASSOC ASPEN, CO 81611 532 E HOPKINS AVE CULLEN RENTAL PROPERTIES II LLC COLUMBUS, OH 43219 2 EASTON OVAL 3RD FL DALLAS ASPEN LLC DALLAS, TX 75230 6407 MEADOW RD DUNN JUDITH A REV LIV TRUST ASPEN, CO 81611 208 S SPRING ST # 2 FERRY JAMES H III GLENCOE, IL 600220166 BOX 166 FITZ SSM 520 LLC CARBONDALE, CO 81623 333 LIONS RIDGE RD GELD LLC ASPEN, CO 81612-1247 PO BOX 1247 GOFEN CHARLES S CHICAGO, IL 60610 1320 N STATE PKWY GONE WEST LLC LITTLE ROCK, AR 72221 PO BOX 22297 HIXSON BURT LIV TRUST NEWPORT BEACH, CA 92659 PO BOX 2847 HJ HOLDINGS LLC GLENWOOD SPRINGS, CO 81601 1112 GRAND AVE HOPKINS DEV LLC NEW YORK, NY 10154 345 PARK AVE 33RD FLR HORSEFINS LLC ASPEN, CO 81611 601 E HOPKINS AVE HUNTER & HOPKINS PROF BUILDING CONDO ASSOC ASPEN, CO 81611 COMMON AREA 600 E HOPKINS AVE HUNTER PLAZA ASSOC LLP ASPEN, CO 81611 602 E COOPER #202 JENNE LLP AUSTIN, TX 78703 1510 WINDSOR RD JOYCE EDWARD CHICAGO, IL 60610 1310 RITCHIE CT KAWAII DOG LLC ASPEN, CO 81611 729 E BLEEKER ST KN ASPEN CORE LLC ASPEN, CO 81611 0133 PROSPECTOR RD #4102B KOUFAX LLC ASPEN, CO 81611 312 ASPEN AIRPORT BUSINESS CTR #D LCT LP NASHVILLE, TN 37202 PO BOX 24382 LIGURIA LLC VAIL, CO 81658 PO BOX 3149 MARIPOSA REAL ESTATE II LLC MIAMI BEACH, FL 331397318 500 S POINTE DR #240 MATTHEWS ZACHARY ASPEN, CO 81612 PO BOX 10582 MCMURRAY WILLIAM & HELEN AUSTRALIA, 25 MANDOLONG RD MOSMAN 2088 NSW MJB MOUNTAIN PROPERTIES LLC GRAND RAPIDS, MI 49544 2345 WALKER AVE MOCKINGBIRD INTERESTS ASPEN LLC DALLAS, TX 75205 47 HIGHLAND PARK VILLAGE #208 MOUNTAIN NEST LLC NEW BRAUNFELS, TX 78130 918 DUNLAP DR MUSE CONDO ASSOC ASPEN, CO 81611 625 E HYMAN AVE MV COLORADO LLC BLOOMFIELD HILLS, MI 48303-7870 PO BOX 787 MYSKO ASPEN HOLDINGS ASPEN, CO 81611 615 E HOPKINS AVE NIELSON COL STEVE & CAROL ALEXANDRIA, VA 22314 501 S FAIRFAX NZC CO LLC DARIEN, CT 06820 865 HOLLOW TREE CT OBERHOLTZER JORDAN ASPEN, CO 81612 PO BOX 10582 ORG PROPERTIES LLC ASPEN, CO 81611 205 S MILL ST #301A PARKER JILL GOFEN CHICAGO, IL 60610 1320 N STATE PKWY PDR ASPEN LLC ASPEN, CO 81611 625 E HYMAN #201 PITKIN CENTER CONDO ASSOC ASPEN, CO 81611 COMMON AREA E HYMAN AVE PITKIN CENTER CONDO OWNERS ASSOC ASPEN, CO 81611 517 W NORTH ST PITKIN COUNTY BANK LEXINGTON , KY 40555 PO BOX 54288 REUSS/LIGHT LLC SNOWMASS VILLAGE, CO 81615 PO BOX 5000 REVOLUTION PARTNERS LLC ASPEN, CO 81612 PO BOX 1247 RUDIN MICHAEL & SABRINA NEW YORK, NY 10154 345 PARK AVE RUST TRUST BEVERLY HILLS, CA 902123896 233 S BEVERLY DR#B RUTLEDGE REYNIE SEARCY, AR 72145 PO BOX 1009 SACKS BARBARA A & BRADLEY M ASPEN, CO 81611 710 E HYMAN AVE SALT PARKS WEST LLC SARATOGA SPRINGS , NY 12866 19 RAILROAD PL #301 SCHNITZER LISA L DALLAS, TX 752305142 6407 MEADOW RD SEVEN CONTINENTS LLC GLENCOE, IL 60022 521 LONGWOOD AVE SHAFFER MARGARET REV TRUST NORTH PALM BEACH, FL 33408 11300 US HWY ONE #100 SHUMATE ASPEN LLC ASPEN, CO 81611 421 AABC #G SOL ASPEN SNOWMASS, CO 81654 110 GATEWAY RD SOUTH SPRING LLC ASPEN, CO 81611 312 AABC STE D SPRING BUILDING CONDO ASSOC ASPEN, CO 81611 632 E HOPKINS AVE TAMARAWOOD BUILDING CONDO ASSOC ASPEN, CO 81611 620 E HYMAN AVE TENNESSEE THREE NASHVILLE, TN 37202 PO BOX 24382 THOMPSON ROSS & LYNETTE LONE TREE, CO 80124 9081 S YOSEMITE #1511 THOR 534 EAST COOPER AVENUE LLC NEW YORK, NY 10018-4074 25 W 39TH ST # 11 TREUER CHRISTIN L GREENWOOD VILLAGE, CO 801111955 5455 LANDMARKL PL #814 TRIVAS JONATHAN LIV TRUST NAPLES, FL 34108 853 VANDERBILT BEACH RD #314 TROYER TROUSDALE TOWNHOMES CONDO ASSOC ASPEN, CO 81611 COMMON AREA 611 E HOPKINS AVE VICTORIAN SQUARE CONDO ASSOC ASPEN, CO 81611 601 E HYMAN AVE VICTORIAN SQUARE LLC ASPEN, CO 81612 PO BOX 8485 WEIDEL LAWRENCE W MONROE, GA 30655 PO BOX 1007 WJM508 LLC NEW YORK, NY 10022 126 E 56TH ST 28TH FL WOLF LAURENCE G CAPITAL MGT TRUST FERNDALE, MI 48220 22750 WOODWARD AVE # 204 WOODS FRANK J III GLENWOOD SPRINGS, CO 81601 51027 HWY 6 & 24 STE 100          600 East Hopkins Avenue, Suite 303 Aspen, Colorado 81611 PH 970 925 1125 dave@daverybak.com 602 E. HYMAN, UNIT 201 HISTORIC PRESERVATION DESIGN GUIDELINE REVIEW CHAPTER 1: SITE PLANNING AND LANDSCAPE DESIGN 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. The proposed revisions are in context with renovated resource, the block in which it sits and the Commercial district. The block has a number of modern aesthetic buildings, and the proposed revisions to the EB building compliment the modern aesthetic. The enlarged door enhances the modern, large fenestration pattern commonly found within the neighborhood. The sand set pavers will re-introduce a tailored, finished at grade courtyard that was removed during the 2017 renovation, complimenting the existing East courtyard, and other paved areas within the block. Screening the utility meters visually “cleans” the block. 1.5 Maintain the historic hierarchy of spaces. 1.7 Provide positive open space within a project site. The enlarged door opening is contained within the second floor deck perimeter, reinforcing the space and relationship to the building. The at grade pavers installation is confined within the exiting site fence, and below the above grade deck, reinforcing the separation of public sidewalk to semi-public courtyard. Screening the utility meters will reduce the “back of house” feeling the West entrance currently experiences. 1.8 Consider stormwater quality needs early in the design project. The sand set pavers will maintain the stormwater quality design implemented in the 2017 renovation. Water will percolate through the pavers into the ground.     602 E. Hyman, Unit 201      HP Design Guideline Review      2   1.9 Landscape development on AspenModern landmarks shall be addressed on a case-by-case basis. The sand set pavers will re-introduce a tailored, finished at grade courtyard that was removed during the 2017 renovation, complimenting the existing East courtyard, and other paved areas within the block. Screening the utility meters visually “cleans” the block. 1.11 Preserve and maintain historically significant landscaping on site, particularly landmark trees and shrubs. Installation of sand set pavers near the impact to the large spruce tree was discussed with Dave Coon, City Forester. He determined this installation can be accomplished without impact to the tree. 1.12 Provide an appropriate context for historic structures. The three proposed revisions individually work with the context of the historic portion of the resource, and the 2017 renovation. FENCES 1.18 When building an entirely new fence, use materials that are appropriate to the building type and style. The fence will match the existing wood fence screening the trash area at the north end of the site. An alternative material selection could have been a CMU wall, which would have competed with the resource. A wood fence is appropriate as a screen within the composition of this resource. 1.19 A new fence should have a transparent quality, allowing views into the yard from the street. The proposed fence will have a solid aesthetic, although there will be small gaps will between the wood boards. This treatment is appropriate when the fence is to be utilized as a screen. 1.20 Any fence taller than 42” should be designed so that it avoids blocking public views of important features of a designated building. The 6ft tall fence will not block an important feature of the resource.     602 E. Hyman, Unit 201      HP Design Guideline Review      3   CHAPTER 4: DOORS 4.1 Preserve historically significant doors 4.2 Maintain the original size of a door and it’s opening 4.4 When replacing a door or screen door, use a design that has an appearance similar to the original door or a door associated with the style of the building. The southern portion of the second floor was a 1968 addition which could not be confirmed as designed by Ellie Brickham. That addition included a 6 foot wide door and sidelight combination. The 2017 renovation enlarged the door to 10’-4”. The proposed enlargement enhanced the relationship of the door opening to the deck, and the openness of the modern aesthetic. CHAPTER 12: MECHANICAL EQUIOPMENT, SERVICE AREAS 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. The proposed fence will clean up the utility meter area of the building, and enhance the West entrance of the building.           600 East Hopkins Avenue, Suite 303 Aspen, Colorado 81611 PH 970 925 1125 dave@daverybak.com 602 E HYMAN, UNIT 201 COMMERCIAL DESIGN STANDARDS REVIEW SITE PLANNING AND STREETSCAPE: 1.1 All projects shall provide a context study. The project is sited at the corner of Hyman Avenue and Hunter Street, within the C-1 Commercial zone district. This portion of Hyman Avenue contains numerous AspenModern Historic structures such as the Benton Building, Patricia Moore Building, and the Crandall Building; along with recently constructed buildings such as Aspen Core, Victorian Square, Muse Building and the Aspen Art Museum. 1.2 All projects shall respond to the traditional street grid The proposed revisions to the existing structure do not altern the buildings relationship with the street grid. 1.3 Landscape elements should complement the surrounding context, support the street scene and enhance the architecture of the building. The proposed sand set pavers enhance the urban context of the site, and street scene, while the proposed fence will screen unsightly utility boxes from the pedestrian experience. 1.4 Where there is an open space on a site, reinforce the traditional transition from public space to semi-public space to private space. The proposed sand set pavers will reinforce the transition from public sidewalk to semi-public building access, formalizing a transition that currently utilizes mulch, which is a material transition that is out of context and non- functional. 1.6 When a building façade is set back, define the property line. The existing West façade has multiple steps back from the property line, with the existing low fence and ramped walk defining the property line. The proposed revisions will not detract from this definition.     602 E. Hyman, Unit 201      HP Minor Development Review    2   MATERIALS AND DETAILS: 1.22 Complete and accurate identification of materials is required. 1.23 Building materials shall have these features:  Convey the quality and range of materials found in the current block context or seen historically in the Character Area  Convey pedestrian scale  Enhance visual interest through texture, application, and/or dimension  Be non-reflective.  Have a proven durability and weathering characteristics within Aspen’s climate.  A material with an integral color shall be a natural color The proposed door will have a black aluminum frame with insulated glass panels, similar to the existing doors and windows within the building. The proposed sand set pavers will be 24” X 12” San Pietro Sandstone pavers, light grey in color, with flamed texture finish. The fence will be 1x4 cedar boards, installed with a ½” gap between boards, to match the existing fence at the trash area. 1.25 Architecture that reflects corporate branding of the tenant is not permitted. No branding will be included within the design of the proposed elements. 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. No additional lighting is proposed with this application. 1.31 Minimize the visual impacts of utility connections and service boxes o Group and discreetly locate these features o Use screening and materials that compliment the architecture The proposed fence will meet the requirements of this criteria, screening the utility connections and meters exposed to the sidewalk and West building entrance.     602 E. Hyman, Unit 201      HP Minor Development Review    3   REMODEL 1.33 All remodel projects shall meet Standards 1.22 and 1.23 Please refer to responses to 1.22 and 1.23 above. 1.34 Consider updating windows, doors, and/or primary entrances to better relate to the Character Area and pedestrian experience Enlarging the door enhances the relationship of the building opening to the adjacent above grade deck, anchoring the two elements within the façade. 1.35 Design alterations to relate to the existing building style and form that may remain. The proposed door will utilize an aluminum frame system as currently exists in the building. The 3 panel door system enlarges the proportions within this opening to align with the larger fixed panel windows on the adjacent walls. 1.36 Incorporate elements that define the property line in accordance with Guideline 1.6 The proposed sand set pavers will reinforce the property line along the West sidewalk, behind the existing fence. PEDESTRIAN AMENITY The current code requires 25% Public Amenity on the property. At the 2013 Historic designation of the building, the code requirement was 10% for remodeled properties, and the proposal at that time provided 17%. The 2017 renovation included 1271.8 SF of pedestrian amenity area; 21.2% of the 6,002 SF lot. The proposed fence would reduce the visible public amenity by 71.56 SF, to 1,200 SF; 20% of the lot area. While this reduces calculated amenity, the result improves the public interaction with the site, by screening the visual clutter of the utility meters along this prominent public route. The applicant suggests this reduction is minor and does not adversely affect the space as public amenity.     602 E. Hyman, Unit 201      HP Minor Development Review    4   COMMERCIAL AREA 4.5 Maintain an architectural distinction between the street level and upper floors to reinforce 19th-century commercial traditions. The enlarged door will reinforce the distinction between the upper residential use, with large fenestration on the West façade in contrast to the large storefront windows sited on the South façade, at the pedestrian interface. 4.7 Large storefronts are recommended on the ground level The 2017 renovation emphasized the storefront openings of the existing resource along the Hyman Avenue sidewalks. The proposed revisions do not distract from this emphasis. 4.8 If non-traditional materials are used, they should be subtle in appearance and location and applied using traditional techniques. The proposed revised elements will utilize materials that are in place on the resource; a aluminum door system, stone pavers, and wood fence.            600 East Hopkins Avenue, Suite 303 Aspen, Colorado 81611 PH/FX 970 925 1125 daverybak.com 602 E. HYMAN, UNIT 201 APPLICABLE LAND USE CODE SECTIONS: 26.304 Common Development Review Procedures This application is subject to the Common Development Review procedures of the Land Use Code. 26.412 Commercial Design Review Please refer to the Commercial Design Standards Review Attachment. 26.412.040.E Consolidation of Applications and Combining Reviews Combining HP Minor Development and Commercial Design Standards Review by the Historic Preservation Commission is required by the Code. 26.412.040.F Appeals, and Notice of Approval and Call-up The applicant understands this Land Use review is subject to Call-up to City Council under this section of the Code. 26.415.020 Historic Preservation – Minor Development Review Applicable requirements for Minor Development Review have been included within this application. Please refer to the Historic Preservation Guidelines Review attachement. 26.575.020 Calculations and Measurements Sand set Pavers: The proposed at grade deck meets the requirements of deck exemptions; 26.575.010(5)f; unenclosed areas beneath decks shall be exempt from Floor Area calculations… Utility Screen: The proposed wood screen at the utility meters sits within the property setbacks and will be 6 ft in height, complying with requirements for fences behind the primary façade of the building; 26.575.020 (e)(5)q.     602 E. Hyman, Unit 201      HP Minor Development Review    2   26.580 Demolition (d) The calculation of Demolition shall be cumulative for a period of ten (10) years. At any point in a ten-year period, a structure on a property exceeds the threshold for Demolition, it shall be subject to the provisions of this Chapter, as amended. Per the Building Permit drawings dated June 26, 2017, the 2017 renovation project included demolition of 38% of the calculated 6,091 SF of exposed building area. The proposed enlargement of the West door will require demolition of 28 SF of wall area; 0.28% of the 9,943 SF of the renovated exposed building surface. The cumulative demolition within the past 10 years will be 38.3%. 26.710.150 Commercial (C-1) Zone District The proposed revisions to the existing structure comply with all requirements of the C-1 Zone District.   EB BuildingPatricia Moore Building Crandall Building Aspen Art MuseumMuse BuildingVictorian Square Aspen Core Vector Bank DN DN UP DN UP DN DN ALLEY S. HUNTER STREETE. HYMAN AVE. EXISTING AT GRADE PARKING VAN ACCESSIBLE SPACE TRANSFORMER SIDEWALKSIDEWALK 602 E. HYMAN AVE. EXISTING RAMP ENTRY SYSTEM PROPERTY LINE PROPERTY LINE PROPERTY LINEPROPERTY LINENEW SAND SET PAVERS AT GRADE REQUEST 3: NEW WOOD SCREEN @ UTILITY METERS EXISTING WOOD SCREEN W/ METAL FRAME EXISTING SPRUCE TREE EXISTING SOD TO REMAIN EXISTING WOOD FENCE TO REMAIN EXISTING STAIR TO REMAIN 11' - 10"6' - 0" EXISTNIG WOOD SCREEN EXISTING GRAVEL BOARDER TO REMAIN REQUEST 2: INSTALL SANDSET STONE PAVERS BELOW EXISTING DECK REQUEST 1: ENLARGE EXISTING DOOR OPENING AT SECOND FLOOR DECK 0' - 2 29/32" NORTH SHEET: DESCRIPTION: SCALE: c Rybak Architecture and Development, P. C. 2018 ISSUE: 3/16" = 1'-0"Autodesk Docs://602 E Hyman/602 E Hyman.rvt11/2/2022 4:08:51 PMI-101 SITE PLAN HPC MINOR REVIEW 11/02/22 PDR Aspen, LLC 602 E. Hyman Avenue, Unit 201 Aspen, CO 81611 3/16" = 1'-0"1 UNIT 201 SITE PLAN DN UP DN DN A B C D E F G H 4 5 6 7 3 2 1 UNIT 201 LCE GCE CORRIDOR LCE UNIT 101 & 102 UNIT 101 UNIT 102 INSTALL STORE WALL SYSTEM INSTALL WD WALL FINISHES COORIDOR 103 GARGE 109 ELEV 101 STAIR 102 NEW SCREEN TO MATCH EXISTING GATE INSTALL ACCESS "KEY' TO RESTRICT USE TO 2ND FLOOR 6' - 0"11' - 10"REQUEST 3: NORTH SHEET: DESCRIPTION: SCALE: c Rybak Architecture and Development, P. C. 2018 ISSUE: 1/4" = 1'-0"Autodesk Docs://602 E Hyman/602 E Hyman.rvt11/2/2022 4:08:51 PMI-201 UNIT 201 - FIRST FLOOR PLAN HPC MINOR REVIEW 11/02/22 PDR Aspen, LLC 602 E. Hyman Avenue, Unit 201 Aspen, CO 81611 1/4" = 1'-0"1 UNIT 201 - FIRST FLOOR PLAN A B C D E F G H 11 4 5 6 7 8 9 10 3 HALL 1 MUD ROOM 2 POWDER 3 KITCHEN 4 LIVING ROOM 5 DINING 6 BEDROOM 7 CLOSET 8 BATH 9 BATH 10 BEDROOM 11 CLOSET 12 VESTIBULE 13 PRIMARY BEDROOM 14 CLOSET 15 BATH 16 NEW 2X4 WALL W/ 5/8" GPDW TO COVER EXISTING WALL FINISHES NEW WOOD SHELVING HALL 203 ELEV 201 STAIR 202 CLOSET 203A UNIT 202 REFACE EXISTING WD CABINETRY CAB'T & APPL. PANELS TO REMAIN-THIS WALL INSTALL DRAPERY PER I.D. EXISTING BASEBOARD HEATERS TO REMAIN -U.N.O. REMOVE WALL COVERING INSTALL DRAPERY PER I.D. REPLACE EXISTING SURFACE MTD. CLOSER WITH CONCEALED CLOSER 14' - 3"INSTALL NEW 3 PANEL POCKETING SLIDING DOOR INSTALL NEW INTERIOR WALL FOR DOOR SYSTEM ENLARGE EXISTING OPENING WALL STOPS SHORT FOR DRAPE POCKET 1' - 3 1/2" 15' - 6 5/8" INSTALL ACCESS "KEY' TO RESTRICT USE TO 2ND FLOOR DECK REQUEST 1: NORTH SHEET: DESCRIPTION: SCALE: c Rybak Architecture and Development, P. C. 2018 ISSUE: 1/4" = 1'-0"Autodesk Docs://602 E Hyman/602 E Hyman.rvt11/2/2022 4:08:52 PMI-202 UNIT 201 - SECOND FLOOR PLAN HPC MINOR REVIEW 11/02/22 PDR Aspen, LLC 602 E. Hyman Avenue, Unit 201 Aspen, CO 81611 1/4" = 1'-0"1 UNIT 201-SECOND FLOOR PLAN FIRST FLOOR PLAN 100' -0" SECOND FLOOR PLAN 109' -2 1/2" ROOF 119' -6 3/4" NEW SCREEN W/ GATE AT UTILITY METERS 6' - 0"REQUEST 3: FIRST FLOOR PLAN 100' -0" SECOND FLOOR PLAN 109' -2 1/2" ROOF 119' -6 3/4" UTILITY METERS, EXPOSED TO SIDEWALK SHEET: DESCRIPTION: SCALE: c Rybak Architecture and Development, P. C. 2018 ISSUE: 1/4" = 1'-0"Autodesk Docs://602 E Hyman/602 E Hyman.rvt11/2/2022 4:09:20 PMI-301 NORTH ELEVATIONS HPC MINOR REVIEW 11/02/22 PDR Aspen, LLC 602 E. Hyman Avenue, Unit 201 Aspen, CO 81611 1/4" = 1'-0"2 HP - PROPOSED NORTH ELEVATION 1/4" = 1'-0"1 HP - EXISTING NORTH ELEVATION FIRST FLOOR PLAN 100' -0" SECOND FLOOR PLAN 109' -2 1/2" ROOF 119' -6 3/4" NEW 3-PANEL SLIDING/POCKETING DOOR SYSTEM, 14'-3" WIDE 7' - 4"NEW WOOD SCREEN AT UTILITY METERS INSTALL SAND SET STONE PAVERS BELOW DECK EXISTING METAL PIPE HANDRAIL SYSTEM6' - 0"REQUEST 1: REQUEST 2:REQUEST 3: EXISTING WOOD FENCE FIRST FLOOR PLAN 100' -0" SECOND FLOOR PLAN 109' -2 1/2" ROOF 119' -6 3/4" EXISTING 4-PANEL SLIDING DOOR SYSTEM, 10'-4" WIDTH EXISTNIG UTILITY METERS EXISTING METAL PIPE HANDRAIL SYSTEM EXISTING WOOD FENCE SHEET: DESCRIPTION: SCALE: c Rybak Architecture and Development, P. C. 2018 ISSUE: 1/4" = 1'-0"Autodesk Docs://602 E Hyman/602 E Hyman.rvt11/2/2022 4:09:41 PMI-302 WEST ELEVATIONS HPC MINOR REVIEW 11/02/22 PDR Aspen, LLC 602 E. Hyman Avenue, Unit 201 Aspen, CO 81611 1/4" = 1'-0"2 HP - PROPOSED WEST ELEVATION 1/4" = 1'-0"1 HP - EXISTING WEST ELEVATION FIRST FLOOR PLAN 100' -0" SECOND FLOOR PLAN 109' -2 1/2" ROOF 119' -6 3/4" FIRST FLOOR PLAN 100' -0" SECOND FLOOR PLAN 109' -2 1/2" ROOF 119' -6 3/4" SHEET: DESCRIPTION: SCALE: c Rybak Architecture and Development, P. C. 2018 ISSUE: 1/4" = 1'-0"Autodesk Docs://602 E Hyman/602 E Hyman.rvt11/2/2022 4:10:00 PMI-303 SOUTH ELEVATIONS HPC MINOR REVIEW 11/02/22 PDR Aspen, LLC 602 E. Hyman Avenue, Unit 201 Aspen, CO 81611 1/4" = 1'-0"2 HP - PROPOSED SOUTH ELEVATION 1/4" = 1'-0"1 HP - EXISTING SOUTH ELEVATION SHEET: DESCRIPTION: SCALE: c Rybak Architecture and Development, P. C. 2018 ISSUE:Autodesk Docs://602 E Hyman/602 E Hyman.rvt11/2/2022 4:10:12 PMI-311 DOOR REVISION IMAGERY HPC MINOR REVIEW 11/02/22 PDR Aspen, LLC 602 E. Hyman Avenue, Unit 201 Aspen, CO 81611 PHOTO B: EXISTING DOOR FROM SIDEWALK CORNER PHOTO A: EXISTING DOOR FROM STREET INTERSECTIONPERSCPATIVE A: ENLARGED DOOR FROM STREET INTERSECTION PERSPECTIVE B: ENLARGED DOOR FROM SIDEWALK CORNER REQUEST 1: ENLARGE EXISTING OPENING, INSTALL 3 PANEL SLIDING DOOR SYSTEM INSTALL SANDSET STONE PAVERS BELOW EXISTING DECK REQUEST 2: REQUEST 1: ENLARGE EXISTING OPENING, INSTALL 3 PANEL SLIDING DOOR SYSTEM INSTALL SANDSET STONE PAVERS BELOW EXISTING DECK REQUEST 2: SHEET: DESCRIPTION: SCALE: c Rybak Architecture and Development, P. C. 2018 ISSUE:Autodesk Docs://602 E Hyman/602 E Hyman.rvt11/2/2022 4:10:20 PMI-312 UTILITY SCREEN IMAGERY HPC MINOR REVIEW 11/02/22 PDR Aspen, LLC 602 E. Hyman Avenue, Unit 201 Aspen, CO 81611 PHOTO C: UTILITY METERS FROM NORTH WEST @ SIDEWALK PHOTO D: UTILITY METERS FROM ENTRY SIDEWALK PERSPECTIVE C: SCREEN FROM NORTH WEST @ SIDEWALK PERSPECTIVE D: SCREEN FROM ENTRY SIDEWALK REQUEST 3: INSTALL WOOD SCREEN AT UTILITY METERS REQUEST 3: INSTALL WOOD SCREEN AT UTILITY METERS Excerpt from 2012 HPC Designation Application, Vann Associates, LLC. Historic Landmark Sites and Structures. The designation of AspenModern properties to the inventory is subject to compliance with Section 26.415.030.C. In order to be designated as an example of AspenModern architecture, this section of the Regulations states in part that "... an individual building, site structure or object ... must have a demonstrated quality of significance". The specific review criteria to be used in determining "quality of significance" are as follows. At least two of the criteria 1. through 4., and criteria 5. must be met. 1. The property is related to an event, pattern or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; 2. The property is related to people who have made a contribu- tion to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; 3. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; 4. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the City as perceived by members of the community; and 5. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association given its age. According to the City's Historic Preservation Officer, the City's building permit records suggest that a one-story, concrete block building was constructed on the southwest corner of the site in 1950 and occupied by a furniture store. The building 38 contained approximately 1,128 square feet, was possibly owner/contractor designed, and was most likely somewhat nondescript in its appearance. A ground floor addition is believed to have been added in approximately 1964, and a plate glass window installed on the building's south facade. In 1966, noted local architect Eleanor "Ellie" Brickham designed a two- story addition for the western portion of the property, and her architectural "aesthetic" appears to have been carried over to the adjacent one-story portion of the building. In 1968, a second floor was added above the original structure which emulated the 1966 two-story addition. Ms. Brickham's name however does not appear on the 1968 addition's building permit. Pictures of the 1966 and 1969 additions are included in the Pre -Application Conference Summary (see Exhibit 1, Appendix A). The City's historic preservation program includes official context papers about the Post WWII architectural styles that have influenced the City, including Modernism. The AspeWodem context paper describes Modernism as a style of architecture that began in the 20th century as a result of a clear philosophical shift in design, practices and attitudes. Ellie Brickham is listed therein as an "Architect of Note" who completed significant works in Aspen and is considered to have left an imprint of the philosophies of the Modernist period on the town. The following information regarding Ellie Brickham is found in the City's AspenModern context paper. "Ellie Brickham (1923-2008) moved to Aspen in 1951 after attending the University of Colorado's School of Architect from 1941-1944. Construc- tion was a family business, and her motivation to become a designer began as a child. She was attracted by the skiing, but found herself the only female architect in until Ellen Harland arrived in 1958. Early in her career, Brickham worked in Fritz Benedict's office and collaborated on projects with both Benedict and Bayer, participating in work going on at the Aspen Institute. Like Benedict, she had a strong interest in passive solar techniques. During her time in that office and, 39 later, in her own practice out of her home, she designed a number of residences and commercial buildings in town, including houses for several Music Festival artists in Aspen Grove, the elegantly simple brick Strandberg Residence (1973, 422 Bleeker Street -demolished) and the Patricia Moore Building (1963, 610 E. Hyman Avenue). In Pitkin County, she designed numerous homes in pitkin Green and Starwood, on Red mountain, including her own house (1955), with south and west walls made completely of glass. Her works, which total at least sixty in the Aspen area, are generally characterized by spare, simple forms and minimal detailing, Brickham's projects focus on an "impeccable sense of proportion and feeling of lightness" according to a 1977 Aspen Times article. " While Ellie Brickham apparently did not design the entire 602 East Hyman building, its architectural character is heavily tied to her. Again, according to the City's Historic Preservation Officer, "It is a very good representation of 1960's architecture in the downtown, and is in the heart of the collection of modernist buildings in the 500 through 700 blocks of East Hyman Avenue, including the Mason and Morse, Benton Studio, the Patricia Moore gallery, the Crandall building, and the Aspen Athletic Club ". As discussed in the AspeaModern context paper, Ellie Brickham was a significant practitioner of Aspen's Modernist architectural movement, having contributed numerous examples of Modernist architecture to the City's built environment. Portions of the existing 602 East Hyman building are attributable to her and its architecture is indicative of the Modernist aesthetic that contributed to Aspen's history. Her contributions were further recognized in 2001 by the HPC who presented her with a "Preservation Honor Award". In addition, the existing building represents a physical design that embodies the distinctive characteristics of the Modernist design philosophy, and possesses an appropriate degree of integrity of location, setting, design, materials, and association given its age. As presently envisioned, the building's exterior will be retained in essentially its current configuration. The Applicant's proposed changes to the building 40 are limited primarily to a modest addition adjacent to the alley which is required for accessibility purposes, and an increase in a portion of the building's second floor ceiling height. Based on the above, we believe that the proposed historic designation complies with review criteria 1. , 3. and 5. B. Major Development Conceptual Approval The proposed addition to the 602 East Hyman building will require HPC major development approval pursuant to Section 26.415.070.D. of the Regulations. To obtain approval, the HPC must find that the addition complies with the City of Aspen Historic Preservation Design Guidelines. The City's Historic Preservation Officer has indicated that the following guidelines apply to conceptual major development approval. The applicable guidelines, and the proposed development's compliance therewith, are summarized below. 7.1 Preserve the original form of a roof. a Do not alter the angle of a historic roof. Instead, maintain the perceived line and orientation of the roof as seen from the street. ■ Retain and repair roof detailing. While the Applicant proposes to raise a portion of the building's roof to increase the ceiling height in the second floor residential unit, the height of the raised roof element will be limited to approximately three feet. As the proposed roof plan illustrates, the raised roof element has been set back from the existing roof perimeter so as to minimize its visibility from the surrounding streetscape. The existing perimeter roof detailing will be retained and repaired in the event required. 7.3 Minimize the visual impacts of skylights and other rooftop devices. ■ Flat skylights that are flush with the roof plane may be considered only in an obscure location on a historic structure. Locating a skylight or a solar panel on a front roof plane is not allowed. 41