HomeMy WebLinkAboutagenda.hpc.20230426AGENDA
ASPEN HISTORIC PRESERVATION
COMMISSION
April 26, 2023
4:30 PM, City Council Chambers -
3rd Floor
427 Rio Grande Place
Aspen, CO 81611
I.ROLL CALL
II.MINUTES
III.PUBLIC COMMENTS
IV.COMMISSIONER MEMBER COMMENTS
V.DISCLOSURE OF CONFLICT OF INTEREST
VI.PROJECT MONITORING
VI.A Project Monitoring
VII.STAFF COMMENTS
VII.ASummary of City Council approval for Temporary Art downtown
VIII.CERTIFICATE OF NO NEGATIVE EFFECT ISSUED
IX.CALL UP REPORTS
X.SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS
XI.OLD BUSINESS
XII.NEW BUSINESS
XII.A205 W. Main Street- Minor Development and Relocation, PUBLIC HEARING
PROJECT MONITORING.doc
2023.03.15_Temporary Pavement Art Consent Memo_final.pdf
Memo_205 W. Main.pdf
Resolution_205 W. Main.pdf
Exhibit A.1_HP Guidelines Criteria_Staff Findings.pdf
Exhibit A.2_Relocation Criteria_Staff Findings.pdf
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XIII.ADJOURN
XIV.NEXT RESOLUTION NUMBER
Exhibit A.3_GMQS Criteria_Staff Findings.pdf
Exhibit B_Application.pdf
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
(1 Hour, 10 Minutes for each Major Agenda Item)
1. Declaration of Conflicts of Interest (at beginning of agenda)
2. Presentation of proof of legal notice (at beginning of agenda)
3. Applicant presentation (20 minutes)
4. Board questions and clarifications of applicant (5 minutes)
5. Staff presentation (5 minutes)
6. Board questions and clarifications of staff (5 minutes)
7. Public comments (5 minutes total, or 3 minutes/ person or as determined by the Chair)
8. Close public comment portion of hearing
9. Applicant rebuttal/clarification (5 minutes)
10. Staff rebuttal/clarification (5 minutes)
End of fact finding. Chairperson identifies the issues to be discussed.
11. Deliberation by the commission and findings based on criteria commences. No further
input from applicant or staff unless invited by the Chair. Staff may ask to be recognized if
there is a factual error to be corrected. If the item is to be continued, the Chair may
provide a summary of areas to be restudied at their discretion, but the applicant is not to
re-start discussion of the case or the board’s direction. (20 minutes)
12. Motion
Updated: November 15, 2021
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HPC PROJECT MONITORS -projects in bold are permitted or under construction
4/21/2023
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 533 W. Hallam
110 W. Main, Hotel Aspen
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
413 E. Main
Roger Moyer 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
209 E. Bleeker
820 E. Cooper
125 W. Main
Skier’s Chalet Steakhouse
Skier’s Chalet Lodge
Lift One Park
423 N. Second
121 W. Bleeker
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HPC PROJECT MONITORS -projects in bold are permitted or under construction
4/21/2023
Jodi Surfas 202 E. Main
305-307 S. Mill, Grey Lady
320 E. Hyman (Wheeler Opera House, solar panels)
611 W. Main
602 E. Hyman
Peter Fornell 304 E. Hopkins
930 King
135 W. Francis
233 W. Bleeker
Barb Pitchford 121 W. Bleeker
312 W. Hyman
132 W. Hopkins
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MEMORANDUM
TO: City of Aspen Mayor and Council
FROM: PJ Murray, EIT – Project Manager
Sarah Roy - Executive Director Red Brick Center for the Arts
Trish Aragon, PE – City Engineer
THROUGH: Diane Foster – Assistant City Manager
MEMO DATE: March 20, 2023
MEETING DATE: March 28, 2023
RE: City of Aspen Temporary Pavement Art Pilot Project
Manual on Uniform Traffic Control Devices (MUTCD)
Exemption from Part 3: Markings
REQUEST OF COUNCIL: City staff recommends Council approve an exemption from
Part 3: Markings in the Manual on Uniform Traffic Control Devices (MUTCD) to allow a
temporary pavement art mural to be painted at the intersection of Hyman Ave and Mill St,
adjacent to the Wheeler Opera House.
Part 3 of the MUTCD outlines standard pavement marking design and application
requirements, installing an art mural on the roadway would be a variation from the
guidelines provided by the MUTCD.
SUMMARY AND BACKGROUND: Through their partnerships with Bloomberg
Philanthropies on Bloomberg CityLab, the Aspen Institute Public Programs team (who
produce the Aspen Ideas Festival) learned of Bloomberg’s Asphalt Art Initiative. Inspired
by the work and impact to pedestrian safety, The Aspen Ideas Festival staff approached
the City and proposed such a project in Aspen. Asphalt art projects also referred to as
pavement art or street art, are gaining attractiveness across the country and
internationally. As a notable advocator and supporter, Bloomberg Philanthropies has
assisted such projects through grants to 45 communities during its first two rounds of
funding from 2020-2022 and 19 additional projects occurring in 2023. City staff was drawn
to the proposal for two reasons, first its innovative approach to improve road safety, and
secondly, how the arts were the catalyst for such an important community benefit.
The proposed art project offers the City of Aspen two significant benefits. First, Bloomberg
Philanthropies has demonstrated that pavement art can improve safety for the most
vulnerable users of our streets which aligns with the City’s commitment to increasing
safety in the downtown core. According to research by Bloomberg Philanthropies,
community-led street design projects that include art elements, such as murals and
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patterns, can increase safety by visually slowing down traffic and delineates pedestrian
areas which encourages drivers to be more attentive and cautious. Bloomberg
Philanthropies has demonstrated, through data collection of crash and behavior
performance metrics at 17 pavement art sites, that safety improved for pedestrians and
cyclists. Their study found a 50% decrease in crashes involving pedestrians at the various
sites. The study performed by Bloomberg Philanthropies is attached to this memo as
Attachment A.
Second, the City, led by Red Brick Center for the Arts staff is working to develop a Public
Art Plan. This includes a robust community engagement and education component to
welcome all to participate in shaping a public art program in Aspen and learn about what
public art is and can be. The proposed pavement art presented itself as a timely
opportunity to become a pilot project for how art could be facilitated in our public spaces.
There are several points to highlight that make this pilot project an exciting opportunity
for the City to support as it relates to public art. The Aspen Ideas Festival was willing to
take on the role of funder for this pilot project and is collaborating with City staff to
research and consider all the steps and processes necessary to realizing this proposal
including, safety consideration, community engagement, public awareness, and
education. This pilot project will allow for discussion, feedback, and refinement during the
public art conversation. Additionally, Aspen Ideas Festival is supportive in hosting an
educational element about public art that will be incorporated into the City’s public art plan
development. The specifics for this educational component are not finalized but will be
free and open to the community. This project demonstrates our commitment to promoting
community engagement, creative expression, and cultural diversity while also enhancing
the livability, community welfare and attractiveness of our city.
DISCUSSION: The City of Aspen has been asked to approve the installation of a
temporary pavement art mural by the Aspen Ideas Festival. The discussion below outlines
components of the project for Council’s consideration.
MUTCD Exemption
The City of Aspen Municipal Code Section 24.04.020 adopts the 2003 edition of the
“Model Traffic Code” which is published by the Colorado Department of Transportation,
Safety and Traffic Branch. Per the municipal code, the subject matter of the Model Traffic
Code “relates primarily to comprehensive traffic control regulations for the City… and is
to provide a system of traffic regulations consistent with state law and generally
conforming to similar regulations throughout the state and nation. The Model Traffic Code
states that, under Section 105. Local traffic control devices, “all such traffic control devices
shall conform to the state manual and specifications for state-wide uniformity as provided
in section 42-4-104, CRS”. Section 42-4-104 of the Colorado Revised Statutes adopts the
most recent Manual of Uniform Traffic Control Devices for Streets and Highways.
The Manual on Uniform Traffic Control Devises (MUTCD) for Streets and Highways sets
minimum standards and provides guidance to ensure uniformity of traffic control devices
(TCD) across the nation. The use of TCDs (messages, locations, sizes, shapes, and
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colors) helps reduce crashes and congestion, improves efficiency. This guidance ensures
that TCDs are visible, recognizable, understandable and necessary.
Part 3 of the MUTCD provides direction for markings on roadways. Markings on roadways
open to the public have important functions in providing guidance and information to the
road users which includes drivers, pedestrians and cyclists. The types of markings
addressed in this section of the MUTCD include pavement and curb markings, lane
delineators, striping colors, colored pavements, channelizing devices, and islands.
Since a pavement art mural wouldn’t follow these standard pavement markings, an
exemption would be necessary to deviate from the requirements outlined in the MUTCD.
These guidelines are primarily concerned with ensuring standardization and safety of
traditional street markings, but a pavement art mural is a unique and new use of the
roadway. City staff believes a balance can be found that allows for creative expression,
while still prioritizing safety for the traveling public.
Pavement painting projects have gained popularity in recent years as they allow
communities to engage with their infrastructure in a fun and expressive way. Many
communities across the country have completed successful projects like this, including
Boulder and Fort Collins. While safety considerations must always be a top priority, other
communities have been able to balance the needs of the roadway with this creative
addition. With the proper safety measures and community engagement, the City of Aspen
has the potential to successfully implement a pavement art pilot project at the intersection
of Hyman Ave and Mill St, should council grant the exemption to MUTCD standard street
paint markings. This project has the potential to enhance the pedestrian experience in the
area, while also promoting active transportation and community pride of the public
spaces.
Safety Criteria and Considerations
Staff developed a list of safety criteria that will be provided to the artist to ensure the
project site remains safe for all users.
Use of words and symbols not permitted
Directional and instructional elements not permitted
Color scheme does not conflict with standardized traffic striping or delineation (no
thick yellow lines unless delineating a traffic lane, etc.)
Design does not include shapes that conflict with standardized safety symbols (i.e.
red octagons, yellow triangles, etc.)
Low toxicity and lead-free paint to ensure safety of the artist, volunteers and
environment
By considering these factors in the design of the pavement art project, the safety and
functionality of the intersection can be maintained while also enhancing its visual appeal.
Temporary Public Art License Agreement
For this project to proceed, staff is creating a license agreement between the Aspen
Institute, as the authoritative entity for the Aspen Ideas Festival, and the City of Aspen.
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This agreement will address liability, maintenance responsibilities, safety criteria, public
awareness and outreach, and partnerships with other City departments (Parks,
Transportation, Special Events, HPC, etc.). This agreement is new to the City and will be
updated and potentially adopted as a new type of license pending the outcome of this
pilot project and the City’s Public Art Plan.
Temporary Pilot Project Location Selection
The proposed pilot project location is the intersection of Hyman Avenue and Mill Street.
This location was selected because it is an iconic intersection surrounded by our historic
pedestrian malls and the Wheeler Opera House, making it a highly visible and well-
traveled area. As pavement art projects are known to improve safety for pedestrians, this
intersection is ideal due to its high pedestrian volume and low traffic volumes.
Additionally, this area received pedestrian improvements outlined in the Downtown
Enhancement and Pedestrian Plan (DEPP), which increased pedestrian space
throughout the corridor. The intersection was designed to encourage pedestrian flow from
one side of the street to the other, not confined to the crosswalks, making the whole radius
a pedestrian area. Vehicular and bicycle traffic will be present on this roadway as it
provides one-way vehicle traffic with a counter flow bike lane for cyclists. The design of
the mural will take into account the need for safe and clear delineation of the bike lane to
ensure the safety of both pedestrians and cyclists. The artwork will also clearly indicate
the boundaries of the bike lane and the separation between the vehicular traffic lanes. By
selecting this location, the pilot project can showcase the safety benefits of pavement art
in a pedestrian-focused area while enhancing the aesthetic value of this historic
intersection.
Artist Selection & Partnership with the Aspen Institute
The Aspen Ideas Festival is the funder and project lead for the temporary pavement art
pilot project, with the City partnering to ensure that safety considerations are met, and to
provide support with permitting, traffic control, paint selection to limit impacts to the river,
project area preparations such as street sweeping and cleaning, and minimizing
construction impacts in the area. The Ideas Festival, as the lead, is responsible for
choosing the artist and theme, as long as it is relevant to the Aspen community, and for
managing the project logistics, including project noticing to neighbors, obtaining
volunteers, purchasing paint and other materials, and overseeing the construction of the
artwork. By partnering with the City, the Ideas Festival is able to ensure that the project
adheres to all relevant regulations and guidelines while also leveraging the City's
expertise in areas such as traffic management and construction coordination. This
partnership model enables the project to be completed efficiently and effectively, while
also ensuring that the final artwork reflects the unique character and spirit of the Aspen
community.
Data Collection and Analysis
Data collection and analysis will play a critical role in evaluating the success of the
pavement art pilot project at the intersection of Hyman Ave and Mill St. Two metrics will
be measured to assess the impact of the project on both safety and community
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perceptions. Safety data will be collected and analyzed to evaluate the impact of the
project on accident rates, near misses, and pedestrian crossing wait times. By collecting
this data before and after the installation of the artwork, the project team will be able to
determine whether the pavement art has had a positive impact on safety in the area.
In addition to safety metrics, community data will also be collected to evaluate the
project's impact on the local community. This may include metrics such as an increase in
positive perception of the site and tracking of social media interactions related to the
project. These metrics will be tracked as part of the community engagement effort on the
development of a Public Art Plan. City of Aspen staff will be responsible for data collection,
which will be used to inform future public art projects and to identify opportunities for
improvement. By collecting and analyzing data on both safety and community
perceptions, the pavement art pilot project can serve as a model for future public art
initiatives in Aspen.
FINANCIAL IMPACTS:
The Aspen Institute is acting as project funder and will fund the artist fee, cost of materials,
public outreach and engagement and neighborhood notifications. The City has agreed to
support the success of this project by assisting with the permitting process to reserve
parking spaces and close the roadway, and preparation of the site which will include street
sweeping, pressure washing and sealing the concrete surface.
The City will utilize the existing 2023 budget allocated for the Concrete Joint Maintenance
Project intended for concrete repairs to seal the concrete intersection prior to installation
of the artwork. This sealant ensures a smooth surface for the art but also preserves the
integrity of the concrete beyond the life of the pavement art project. This concrete was
degrading and requires this maintenance regardless of the pavement art project. Staff is
working with regional concrete sealant contractors to obtain a bid for the concrete radius
at Hyman Ave and Mill St.
Funding equal to $45,000 was appropriated within the 2023 Asset Management Plan
Fund budget for a Concrete Joint Maintenance Project (40117).
ENVIRONMENTAL IMPACTS: By allowing the temporary pavement art pilot project to
be installed in Aspen during the summer 2023 season, there are several positive
environmental impacts expected to be seen. One impact is the promotion of walking,
rolling, and cycling, which reduces the reliance on single occupancy vehicles and
decreases carbon emissions. Additionally, the enhanced pedestrian experience resulting
from the pavement art project may encourage more people to walk and bike, thus further
reducing the number of cars on the road. These environmental benefits align with the City
of Aspen's commitment to sustainability and its efforts to promote active transportation as
a means of reducing greenhouse gas emissions. The pavement art pilot project has the
potential to serve as a model for other cities looking to enhance their pedestrian and
cycling infrastructure while reducing their carbon footprint.
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ALTERNATIVES: Council does not grant the exemption for non-standard pavement
markings to be used in Aspen, therefore the pavement art project will not proceed.
RECOMMENDATIONS: Staff recommends Council support this pavement art pilot
project by granting an exemption to the MUTCD for standardized pavement markings.
CITY MANAGER COMMENTS:
Attachment A – Bloomberg Philanthropies Asphalt Art Safety Study
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Simon, Planning Director
RE: 205 W. Main Street- Minor Development and Relocation, PUBLIC HEARING
MEETING DATE: April 26, 2023
Applicant/Owner:
Conservation Housing Partners LLC, c/o
Michael Brown
605 W. Main Street, Suite 2, Aspen, CO
81611
Representatives:
Clauson Rawley Associates, Inc. (FKA
Stan Clauson Associates, Inc.)
Location:
Street Address:
205 W. Main Street
Legal Description:
Lots H and I and the East fifteen (15’)
feet of Lot G, Block 52, City and Townsite
of Aspen, Pitkin County, Colorado
Parcel Identification Number:
PID# 2735-124-54-003
Current Zoning & Use:
Mixed Use (MU), Single Family Home
with voluntary Accessory Dwelling Unit
Proposed Zoning & Use:
Mixed Use (MU), 100% affordable
housing
Summary: The applicant requests Minor Development and
Relocation approval on a landmark designated site containing
a Victorian era home. The subject resource is to be reduced
to its historic footprint, moved northeast onto a full basement,
and surrounded by new landscape materials. Non-historic
shed and trash enclosures towards the rear of the site are to
be demolished. HPC approval of work directly affecting the
exterior of the historic home and the site immediately around
it is a pre-requisite for Administrative Review of a not yet
submitted land use application to convert the existing home to
affordable housing and to develop other structures containing
affordable housing on the property. This is the first application
pursuant to recent code amendments adopted by Council to
simplify and advance the creation of more affordable housing
units in the City. Staff recommends approval subject to the
conditions listed in the proposed resolution.
Figure 1: Subject Property | 205 W. Main Street
205
Figure 2: Subject Property | View from Main
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Page | 2
REQUEST OF THE HISTORIC PRESERVATION COMMISSION:
Pursuant to Growth Management Section 26.470.050.D.3 of the Municipal Code, which establishes a
review process when a historic property is to be developed with affordable housing as the sole use, the
Applicant is requesting the following approvals from the Historic Preservation Commission:
• Minor Development (Section 26.415.070.D) for exterior alterations to the historic home and
landscape on the site, and to remove non-historic additions that have been made to the property,
in the form of an expansion on the west side of the historic house, a prefabricated shed and modest
trash enclosures.
• Relocation (Section 26.415.090) to move the historic resource onto a new basement.
Following HPC review, Administrative Review will be conducted for determination that the new construction
on the site is in compliance with Chapter 26.410, Residential Design Standards; Chapter 26.470, Growth
Management; Chapter 26.515, Transportation and Parking Management; Chapter 26.540, Certificates of
Affordable Housing Credit, and Chapter 26.710 for the applicable Zone District. The new construction must
meet all dimensional standards prescribed within the Mixed-Use (MU) zone district. In addition to those
reviews, the Historic Preservation Principal Planner and the Chair of the Historic Preservation Commission,
or their assign, must jointly determine compliance with non-flexible design standards listed in the Municipal
Code.
BACKGROUND:
205 W. Main Street is a landmarked property located within the Mixed-Use (MU) zone district and the Main
Street Historic District. The property contains a Victorian-era single-family dwelling and non-historic shed
structures on a 7,500 sq. ft. lot. The dwelling was constructed circa 1890 and moved to its current location
in 1949, where the Chisholm family made it their long-time home. The original design and materials of the
resource are substantially intact, including wood siding and shingles in the gables, a porch with original
decorative features, and a dormer. Much of the outdoor vegetation appears consistent with the historic
landscape from the time the cottage was relocated.
STAFF COMMENTS:
A site plan is provided in the application indicating the general concept for building layout. All new
structures must be fully detached and sit at least 10 feet away from the historic home. HPC’s purview is
restricted to the criteria and guidelines addressed in the exhibits to this memo.
The applicant proposes to place the historic resource prominently at a street intersection, free-standing
and exposed to view/public enjoyment on all sides, and in a traditional landscaped setting abutted with
grass, planting beds and outdoor living space. Public right-of-way on the east side of the lot is to be
converted from head in parking back to a lawn with grass and street trees, which will restore a historic
landscape condition that has been lost for many years.
Staff supports the plan to re-position the Victorian. It is not original to this site and there is not a strong
historic context on this block-face. The building will have high public visibility and will be among a small
group of Victorian homes preserved in Aspen with no addition.
As required by this review process, the applicant must remove non-historic construction and proposes to
remove an addition to the house that is well documented to have been made after the house was moved
to this site as well as an overframed section of roof on the rear shed pitch. There are no other alterations
planned for the resource and also no obvious restoration opportunities, though staff will conduct a site visit
with the applicant team. It appears that the front door may not be original and if so, could be replaced with
a more period appropriate design.
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Page | 3
The applicant also proposes demolition of a clearly non-historic shed and trash enclosures.
This project meets numerous historic preservation and community objectives and will restore and activate
a resource in a prominent location. Staff finds the project complies with all criteria and guidelines.
DRC REFERRAL COMMENTS:
The application was referred out to Engineering and Parks. Conditions of approval recommended by those
agencies are included in the Resolution.
RECOMMENDATION
Staff recommends the Historic Preservation Commission (HPC) approve this application as described in
the proposed Resolution.
ATTACHMENTS:
Resolution #___, Series of 2023
Exhibit A.1 – HP Guidelines Criteria Staff Findings
Exhibit A.2 – Relocation Criteria Staff Findings
Exhibit A.3 – Growth Management Review Criteria Staff Findings
Exhibit B – Application
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HPC Resolution # XX, Series of 2023
Page 1 of 3
RESOLUTION #__, SERIES OF 2023
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT AND RELOCATION APPROVAL FOR THE
PROPERTY LOCATED AT 205 W. MAIN STREET, LEGALLY DESCRIBED AS LOTS H AND
I AND THE EAST FIFTEEN FEET OF LOT G, BLOCK 51, CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO
PARCEL ID: 2737-124-54-003
WHEREAS, the Applicant, Conservation Housing Partners LLC, represented by Stan Clauson
Associates, Inc., has requested HPC approval for Minor Development and Relocation; the first of two
review steps necessary to develop affordable housing as the only use on the property located at 205 W. Main
Street pursuant to Municipal Code Section 26.470.090.D.3, Review of 100% Affordable Housing
Development on Designated Sites Containing a Historic Resource; 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 Relocation, the application shall meet the requirements of Aspen
Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and,
WHEREAS, Community Development Department staff reviewed the application for compliance
with applicable review standards and recommended approval with conditions; and
WHEREAS, on April 26, 2023, HPC considered the application, the staff memo and public
comment, and found the proposal consistent with the review standards and granted approval with conditions
by a vote of X to X (X-X).
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Minor Development and Relocation as the first of two review steps necessary
to develop affordable housing as the only use on the property located at 205 W. Main Street. Before
advancing this approval to building permit, the applicant must also secure administrative approval as
described at Municipal Code Section 26.470.090.D.3.
Section 1: HPC Conditions of Approval
1. The width of the front walkway and the wood step leading to the Victorian shall be narrowed to
approximately three (3) feet. HPC is to determine whether the walkway is to be gray concrete,
brick or rectilinear flagstone, and a sample of paving materials is to be reviewed and approved by
staff and monitor.
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HPC Resolution # XX, Series of 2023
Page 2 of 3
2. Landscaping is to be simplified to avoid obstructing or damaging the resource. A revised plan shall
be reviewed and approved by staff and monitor.
3. The historic house foundation exposed to view above finished grade is to be clad with metal
flashing, with the detail to be approved by staff and monitor.
4. The footprint of the proposed lightwell at southwest corner of the Victorian shall be reduced or
broken into two lightwells without negatively impacting the abutting living spaces. Lightwells
around the historic resource shall be covered with grates, not railings. Lightwells and similar
features abutting the historic structures shall have a curb height of six (6) inches or less to minimize
visual and/or physical impacts to the historic resource.
5. The non-historic west addition is approved to be removed from the historic structure and the void
infilled with clapboards.
6. The pre-fabricated shed and trash enclosures are approved to be removed from the site.
7. The applicant has committed to retain and repair all exterior materials based on field inspection
with historic preservation staff, and at the same inspection must work with historic preservation
staff to identify and up to three restoration actions that will be accomplished. An inspection of the
interior of the structure after finishes are removed will be required to ensure accurate representation
of the building’s history, and may also generate opportunities for restoration (up to three total) that
must be completed.
8. Stormwater management cannot be fully detailed until after the additional allowances on this site
are verified, however the site plan represents no visible stormwater features on the subject site
surrounding the resource, which is a condition of approval. A fully developed stormwater
management plan shall be provided in the application for Administrative Review.
9. Any new fence between the historic resource and the street shall be no more than forty-two inches
(42”) in height and shall have no less than a solid to void ratio of fifty-percent (50%).
10. Once mechanical systems are designed, the architect must provide elevations and a roof plan of the
historic resource identifying the location of all vents, flues, FDC and strobe, and mechanical
equipment for review and approval by staff and monitor. Avoid damage to historic materials and
visually intrusive locations.
11. Provide cut sheets of all exterior light fixtures for review and approval by staff and monitor.
12. To relocate the house on the site, the Applicant shall provide a financial security deposit of $30,000
at the time of permit issuance. The submission shall include details on how the relocation will
occur. Upon making a determination that the home was successfully placed on the new foundation,
staff shall return the deposit to the Applicant.
Section 2: Referral Agency Conditions of Approval
1. The Administrative Review for the full development of the site must include the provision of
a compliant Transportation Impact Assessment (TIA).
2. At building permit the following information will be required:
Utility Plan
• When a site plan is finalized with the additional structures, the site plan will need to
show where a transformer to support the development will be placed. A single phase
transformer with a 5x5 vault may be needed. Provide an easement to accommodate the
transformer with 3' clear zones surrounding the sides and back of the transformer and
10' clear in the front. Alternatively work with COA Electric Dept to determine
available capacity in the transformer in the alley to the west for the full built out site.
• The water main for this property is on the north side of Main St. A new water service
line for this property will require CDOT approval and most likely overnight work. For
the full build out if fire suppression is needed a new line will most likely be required. It
appears the water service line was installed in 1981 and may be due for an upgrade.
URMP
• Applicant will be required to follow the requirements of a major development within the
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HPC Resolution # XX, Series of 2023
Page 3 of 3
Urban Runoff Management Plan.
3. A floating sidewalk design will be required along First Street where the existing cottonwoods
are located.
4. The entire grass area along First Street will need to be irrigated throughout the project.
5. Proposed trees specifying species and diameter along First Street south of the walk to the house
will need to be approved by the City Forester.
6. Street trees species and diameter along Main will need to be approved by City Forester.
7. Irrigation of ROW will be required to have a separate zone for trees.
Section 3: Existing Deed Restriction
A voluntary Deed-Restriction encumbers the basement of the historic resource (Reception No. 376974). As
part of the Administrative Review, the Applicant shall work with staff to memorialize an approval to release
the deed-restriction.
Section 4: 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 5: 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 6: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
APPROVED BY THE COMMISSION at its regular meeting on the 26th day of April, 2023.
Approved as to Form: Approved as to Content:
__________________________________ ___________________________________
Katharine Johnson, Assistant City Attorney Kara Thompson, Chair
ATTEST:
___________________________________
Mike Sear, Deputy City Clerk
16
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 1 of 7
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.
To the extent that this review process requires removal of non-historic additions, the following criteria
apply:
26.415.080. Demolition of designated historic properties or properties within a historic district.
It is the intent of this Chapter to preserve the historic and architectural resources that have demonstrated
significance to the community. Consequently, no demolition of properties designated on the Aspen
Inventory of Historic Landmark Site and Structures or properties within a Historic District will be allowed
unless approved by the HPC in accordance with the standards set forth in this Section.
4. The HPC shall review the application, the staff report and hear evidence presented by the property
owners, parties of interest and members of the general public to determine if the standards for
demolition approval have been met. Demolition shall be approved if it is demonstrated that the
application meets any one of the following criteria:
a) The property has been determined by the City to be an imminent hazard to public safety
and the owner/applicant is unable to make the needed repairs in a timely manner,
b) The structure is not structurally sound despite evidence of the owner's efforts to properly
maintain the structure,
c) The structure cannot practically be moved to another appropriate location in Aspen or
d) No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance and
17
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 2 of 7
Additionally, for approval to demolish, all of the following criteria must be met:
a) The structure does not contribute to the significance of the parcel or Historic District in
which it is located and
b) The loss of the building, structure or object would not adversely affect the integrity of the
Historic District or its historic, architectural or aesthetic relationship to adjacent designated
properties and
c) Demolition of the structure will be inconsequential to the historic preservation needs of the
area.
Relevant Historic Preservation Design Guidelines for review of this application:
1.1 All projects shall respect the historic development pattern or context of the block,
neighborhood or district.
• Building footprint and location should reinforce the traditional patterns of the neighborhood.
• Allow for some porosity on a site. In a residential project, setback to setback development is
typically uncharacteristic of the historic context. Do not design a project which leaves no useful
open space visible from the street.
1.5 Maintain the historic hierarchy of spaces.
• Reflect the established progression of public to private spaces from the public sidewalk to a semi-
public walkway, to a semi private entry feature, to private spaces.
1.6 Provide a simple walkway running perpendicular from the street to the front entry on
residential projects.
• Meandering walkways are not allowed, except where it is needed to avoid a tree or is typical of
the period of significance.
• Use paving materials that are similar to those used historically for the building style and install
them in the manner that they would have been used historically. For example on an Aspen
Victorian landmark set flagstone pavers in sand, rather than in concrete. Light grey concrete,
brick or red sandstone are appropriate private walkway materials for most landmarks.
• The width of a new entry sidewalk should generally be three feet or less for residential properties.
A wider sidewalk may be appropriate for an AspenModern property.
1.7 Provide positive open space within a project site.
• Ensure that open space on site is meaningful and consolidated into a few large spaces rather
than many small unusable areas.
• Open space should be designed to support and complement the historic building.
1.8 Consider stormwater quality needs early in the design process.
• When included in the initial planning for a project, stormwater quality facilities can be better
integrated into the proposal. All landscape plans presented for HPC review must include at least
a preliminary representation of the stormwater design. A more detailed design must be reviewed
and approved by Planning and Engineering prior to building permit submittal.
18
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 3 of 7
• Site designs and stormwater management should provide positive drainage away from the
historic landmark, preserve the use of natural drainage and treatment systems of the site, reduce
the generation of additional stormwater runoff, and increase infiltration into the ground.
Stormwater facilities and conveyances located in front of a landmark should have minimal visual
impact when viewed from the public right of way.
• Refer to City Engineering for additional guidance and requirements.
1.12 Provide an appropriate context for historic structures. See diagram.
• Simplicity and restraint are required. Do not overplant a site, or install a landscape which is
overtextured or overly complex in relationship to the historic resource, particularly in Zone A. In
Zone A, new planting shall be species that were used historically or species of similar attributes.
• In areas immediately adjacent to the landmark, Zone A and Zone B, plants up 42” in height, sod,
and low shrubs are often appropriate.
• Contemporary planting, walls and other features are
not appropriate in Zone A. A more contemporary
landscape may surround new development or be
located in the rear of the property, in Zone C.
• Do not cover areas which were historically unpaved
with hard surfaces, except for a limited patio where
appropriate.
• Where residential structures are being adapted to
commercial use, proposals to alter the landscape will
be considered on a case-by-case basis. The
residential nature of the building must be honored.
• In the case of a historic landmark lot split, careful
consideration should be given so as not to over plant
either property, or remove all evidence of the
landscape characteristics from before the property
was divided.
• Contemporary landscapes that highlight an
AspenModern architectural style are encouraged.
2.1 Preserve original building materials.
• Do not remove siding that is in good condition or that can be repaired in place.
• Masonry features that define the overall historic character, such as walls, cornices, pediments,
steps and foundations, should be preserved.
• Avoid rebuilding a major portion of an exterior wall that could be repaired in place.
Reconstruction may result in a building which no longer retains its historic integrity.
• Original AspenModern materials may be replaced in kind if it has been determined that the
weathering detracts from the original design intent or philosoph
3.1 Preserve the functional and decorative features of a historic window.
19
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 4 of 7
• Features important to the character of a window include its frame, sash, muntins/mullions, sills,
heads, jambs, moldings, operations, and groupings of windows.
• Repair frames and sashes rather than replacing them.
• Preserve the original glass. If original Victorian era glass is broken, consider using restoration
glass for the repair.
3.2 Preserve the position, number, and arrangement of historic windows in a building wall.
• Enclosing a historic window is inappropriate.
• Do not change the size of an original window opening.
4.1 Preserve historically significant doors.
• Maintain features important to the character of a historic doorway. These include the door, door
frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking
sidelights.
• Do not change the position and function of original front doors and primary entrances.
• If a secondary entrance must be sealed shut, any work that is done must be reversible so that
the door can be used at a later time, if necessary. Also, keep the door in place, in its historic
position.
• Previously enclosed original doors should be reopened when possible.
5.1 Preserve an original porch or balcony.
• Replace missing posts and railings when necessary. Match the original proportions, material and
spacing of balusters.
• Expanding the size of a historic porch or balcony is inappropriate.
5.5 If new steps are to be added, construct them out of the same primary materials used on the
original, and design them to be in scale with the porch or balcony.
• Steps should be located in the original location.
• Step width should relate to the scale of entry doors, spacing between posts, depth of deck, etc.
• Brick, red sandstone, grey concrete, or wood are appropriate materials for steps.
5.6 Avoid adding handrails or guardrails where they did not exist historically, particularly where
visible from the street.
• If handrails or guardrails are needed according to building code, keep their design simple in
character and different from the historic detailing on the porch or balcony.
6.1 Preserve significant architectural features.
• Repair only those features that are deteriorated.
• Patch, piece-in, splice, or consolidate to repair the existing materials, using recognized
preservation methods whenever possible.
• On AspenModern properties, repair is preferred, however, it may be more important to preserve
the integrity of the original design intent, such as crisp edges, rather than to retain heavily
deteriorated material.
20
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 5 of 7
7.1 Preserve the original form of a roof.
• Do not alter the angle of a historic roof. Preserve the orientation and slope of the roof as seen from
the street.
• Retain and repair original and decorative roof detailing.
• Where the original roof form has been altered, consider restoration.
7.2 Preserve the original eave depth.
• Overhangs contribute to the scale and detailing of a historic resource.
• AspenModern properties typically have very deep or extremely minimal overhangs that are key
character defining features of the architectural style.
10.2 A more recent addition that is not historically significant may be removed.
• For Aspen Victorian properties, HPC generally relies on the 1904 Sanborn Fire Insurance maps to
determine which portions of a building are historically significant and must be preserved.
• HPC may insist on the removal of non-historic construction that is considered to be detrimental to
the historic resource in any case when preservation benefits or variations are being approved.
12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash
storage.
• Place mechanical equipment on the ground where it can be screened.
• Mechanical equipment may only be mounted on a building on an alley façade.
• Rooftop mechanical equipment or vents must be grouped together to minimize their visual
impact. Where rooftop units are visible, it may be appropriate to provide screening with materials
that are compatible with those of the building itself. Use the smallest, low profile units available
for the purpose.
• Window air conditioning units are not allowed.
• Minimize the visual impacts of utility connections and service boxes. Group them in a discrete
location. Use pedestals when possible, rather than mounting on a historic building.
• Paint mechanical equipment in a neutral color to minimize their appearance by blending with
their backgrounds
• In general, mechanical equipment should be vented through the roof, rather than a wall, in a
manner that has the least visual impact possible.
• Avoid surface mounted conduit on historic structures.
Staff Findings: Guidelines applicable to this review address Site Planning and Landscape, Building
Materials, Windows, Doors, Porches, Architectural Details, Roofs and Building Relocation.
To develop this property as multi-family housing, the applicant proposes to site the historic resource
prominently at a street intersection, free-standing and exposed to view/public enjoyment on all sides, and
in a traditional landscaped setting abutted with grass, planting beds and outdoor living space. The only
21
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 6 of 7
work before HPC is review of the relocation and siting of the historic structure, its immediate landscape,
and any exterior alterations to the resource. New construction is to be reviewed via an administrative
process. The site plan provided in the HPC packed indicates that new development will be fully detached
from the historic resource and placed to the rear and side of it.
Staff finds the amount of unbuilt area in the form of front and side setbacks creates the site porosity called
for in the design guidelines. In addition, the public right-of-way on the east side of the lot is to be
converted from head in parking to a lawn with grass and street trees, which will restore a historic
landscape condition that has been lost for many years.
That said, staff does have some suggestions for restudy. To best comply with guideline 1.6, staff
recommends that for Final, the applicant narrow the width of the front walkway and step leading to the
Victorian to approximately 3’, a more historic scale for these elements. Generally, per guideline 1.12, the
landscape design should be simplified and plantings reduced, with emphasis placed on functional outdoor
space that may be of use to the units that directly abut the area.
The proposal to make no addition to the historic structure is in keeping with historic preservation goals to
minimize alterations made directly to a historic resource, and is a threshold requirement for this review
process. There are limited instances where this has been achieved in Aspen. The plan to program the
historic resource as mandatory occupancy housing will also activate the historic resource in a way that
HPC has valued in past discussions. No exterior changes, other than repair and restoration where
possible, is proposed.
The historic home was moved to this site from the corner of N. Monarch and E. Hallam in 1949. It is
unclear when a porch was added to the rear of the house, then enclosed, perhaps when a small addition
was made at the southwest corner of the building once the home was placed at 205 W. Main. The
progression of the alterations is illustrated below. The applicant intends to demolish the non-historic
construction on the west and retain the former porch, which may be historic materials.
1904 Sanborn Map
of house in original
location
1979 drawing by Assessor.
Note open porch at rear
and one story side addition
Current plan. Rear porch was enclosed at
some time. Applicant plans to remove all
of the side addition
22
Exhibit A.1
Historic Preservation Design Guidelines
Staff Findings
Page 7 of 7
The applicant also proposes to demolish a group of small sheds on the site (shown below) that are pre-
fabricated or roughly constructed and not related to the history of the subject resource, therefore have
no significance and meet all criteria for removal. Staff supports this proposal.
Finally, for compliance with guideline 12.4, staff has suggested a condition of approval in the resolution
that mechanical vents, wall penetrations, utility boxes and other similar features, once the systems are
designed, require review and approval by staff and monitor.
Staff finds that the relevant design guidelines and criteria are met, with conditions, and
recommends HPC grant approval.
23
Exhibit A.2
Relocation
Staff Findings
Page 1 of 4
26.415.090.C. Standards for the relocation of designated properties. Relocation for a building,
structure or object will be approved if it is determined that it meets any one of the following standards:
1. It is considered a noncontributing element of a historic district and its relocation will not affect the
character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on which it is located
and its relocation will not have an adverse impact on the Historic District or property; or
3. The owner has obtained a certificate of economic hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method given the
character and integrity of the building, structure or object and its move will not adversely affect the
integrity of the Historic District in which it was originally located or diminish the historic, architectural
or aesthetic relationships of adjacent designated properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of withstanding the physical
impacts of relocation;
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation
of the building, structure or object including the provision of the necessary financial security.
Relevant Historic Preservation Design Guidelines for review of this application:
9.2 Proposals to relocate a building will be considered on a case-by-case basis.
• In general, on-site relocation has less of an impact on individual landmark structures than those
in a historic district.
• In a district, where numerous adjacent historic structures may exist, the way that buildings were
placed on the site historically, and the open yards visible from the street are characteristics that
should be respected in new development.
• Provide a figure ground study of the surrounding parcels to demonstrate the effects of a building
relocation.
• In some cases, the historic significance of the structure, the context of the site, the construction
technique, and the architectural style may make on-site relocation too impactful to be appropriate.
It must be demonstrated that on-site relocation is the best preservation alternative in order for
approval to be granted.
• If relocation would result in the need to reconstruct a substantial area of the original exterior
surface of the building above grade, it is not an appropriate preservation option.
9.3 Site a relocated structure in a position similar to its historic orientation.
• It must face the same direction and have a relatively similar setback. In general, a forward
movement, rather than a lateral movement is preferred. HPC will consider setback variations
where appropriate.
• A primary structure may not be moved to the rear of the parcel to accommodate a new building in
front of it.
24
Exhibit A.2
Relocation
Staff Findings
Page 2 of 4
• Be aware of potential restrictions against locating buildings too close to mature trees. Consult with
the City Forester early in the design process. Do not relocate a building so that it becomes
obscured by trees.
9.4 Position a relocated structure at its historic elevation above grade.
• Raising the finished floor of the building slightly above its original elevation is acceptable if needed
to address drainage issues. A substantial change in position relative to grade is inappropriate.
• Avoid making design decisions that require code related alterations which could have been
avoided. In particular, consider how the relationship to grade could result in non-historic
guardrails, etc.
9.5 A new foundation shall appear similar in design and materials to the historic foundation.
• On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a
miner’s cottage where there is no evidence that one existed historically is out of character and is
not allowed.
• Exposed concrete or painted metal flashing are generally appropriate.
• Where a stone or brick foundation existed historically, it must be replicated, ideally using stone
salvaged from the original foundation as a veneer. The replacement must be similar in the cut of
the stone and design of the mortar joints.
• New AspenModern foundations shall be handled on a case by case basis to ensure preservation
of the design intent.
9.6 Minimize the visual impact of lightwells.
• The size of any lightwell that faces a street should be minimized.
• Lightwells must be placed so that they are not immediately adjacent to character defining features,
such as front porches.
• Lightwells must be protected with a flat grate, rather than a railing or may not be visible from a
street.
• Lightwells that face a street must abut the building foundation and generally may not “float” in the
landscape except where they are screened, or on an AspenModern site.
9.7 All relocations of designated structures shall be performed by contractors who specialize in moving
historic buildings, or can document adequate experience in successfully relocating such buildings.
• The specific methodology to be used in relocating the structure must be approved by the HPC.
• During the relocation process, panels must be mounted on the exterior of the building to protect
existing openings and historic glass. Special care shall be taken to keep from damaging door and
window frames and sashes in the process of covering the openings. Significant architectural
details may need to be removed and securely stored until restoration.
• The structure is expected to be stored on its original site during the construction process.
Proposals for temporary storage on a different parcel will be considered on a case by case basis
and may require special conditions of approval.
• A historic resource may not be relocated outside of the City of Aspen.
Staff Findings: The applicant proposes relocation of the existing structure to the front and east setback
lines. No variations are requested. The home was relocated to this property from the West End around
1949. Because the house wasn’t built on this property, it’s positioning on the subject lot can be adjusted
without impact to individual integrity, however the patterns of the historic district should be considered.
That said, the subject site was only minimally developed in the Victorian era (see lots G, H, and I below)
in 1893. By 1904 even these structures were gone. The only original historic house remaining on this
blockface is 211 W. Main, pictured on Lot F below. Staff finds that the proposed re-positioning of 205 W.
Main does not diminish any historic relationships between adjacent properties.
25
Exhibit A.2
Relocation
Staff Findings
Page 3 of 4
Staff finds that the proposed on-site relocation of this home is an appropriate preservation outcome
because it will provide separation between the historic resource and any future new construction, and will
improve the visibility of the historic structure.
The proposed relationship to grade is consistent with the current condition and appears to expose only a
minimal foundation. Staff recommends the above grade foundation be clad with painted metal.
Staff does recommend restudy of the lightwell that is to sit closest to the front of the historic house. It is
generously sized for the two below grade bedrooms, and perhaps could be slightly reduced or broken into
two lightwells without detriment to those spaces. A similarly sized and located lightwell that exists now
has some visual impacts that could be improved in the new project. Lightwells around the historic resource
must be covered with grates, not railings. These topics are listed in the resolution as conditions of approval.
26
Exhibit A.2
Relocation
Staff Findings
Page 4 of 4
The applicant has provided their architect’s preliminary finding that the historic resource can be safely
relocated. Standard conditions of approval regarding confirmation of building movability from an engineer,
specific relocation techniques proposed by the housemover, and a security to be held by the City during
construction are included in the resolution.
Staff finds that the relocation criteria are met and recommends HPC grant approval.
27
Exhibit A.3
GMQS
Staff Findings
26.470.090.D.3 Review of 100% Affordable Housing Development on Designated Sites
Containing a Historic Resource where the Historic Resource is fully detached from all new
construction, and all non-historic additions are to be removed, and no new addition will be made
to the historic resource, and all new construction taller than one story is distanced at least 10 feet
from the historic resource on all sides.
Development of these properties, when the use is 100% affordable housing, shall be subject to a
one step review by the Historic Preservation Commission, for compliance with Section
26.415.070.C, Certificate of appropriateness for a minor development (demolition of non-historic
additions and all work directly affecting the historic resource); and Section 26.415.090 Relocation
of designated historic properties. All City of Aspen Historic Preservation Design Guidelines
applicable to work affecting the historic resource shall apply in addition to the following criteria:
a. HPC may not deny Relocation, but shall determine a siting for the historic structure that
best meets the City of Aspen Historic Preservation Design Guidelines while
accommodating the allowed development rights for the property. A Conceptual site plan
representing the full project must be provided to assist in this review.
Staff Response: As stated in Exhibit A.2, staff finds the proposed relocation to highlight
the resource on the property. Preserving the home as a detached structure with no
additions is a successful outcome. The home is not original to the property and therefore
its current setbacks do not tell the story of the Victorian era development of the building
or Main Street.
b. HPC may grant approval for the historic resource only to be located in the side, rear and
front setbacks per Section 26.415.110.C.1.a, Variations. New construction is not permitted
to be located in a setback. HPC may allow the new structure to provide no less than six
(6) feet as the minimum distance requirement between buildings per Section
26.415.110.C.1.b. Where the historic resource is one story in height, this reduction is only
permissible if the new construction permitted to be within six (6) feet of the resource is one
story in height for at least ten (10) feet in depth.
Staff Response: No setback variations are requested.
c. The application must include a detailed summary, in consultation with the Historic
Preservation Officer, of all necessary repairs to historic fabric that will be completed during
construction including exterior materials, doors and windows. The summary must also
identify all opportunities to restore an element of the historic resource to an earlier
condition that can be documented through photographs or physical inspection. HPC will
prioritize and require up to three (3) of these to be completed during construction.
Examples include: re-opening of an enclosed porch, restoration of the original design of a
street facing window, and restoration of missing details such as decorative porch trim.
Staff Response: To date, no specific restoration opportunities have been identified as
the resource appears to have few alterations. All historic materials will be identified with
staff and are required to be preserved as a condition of approval. An inspection of the
interior of the structure after finishes are removed will be required and may identify
additional restoration actions (up to three total) that must be completed.
28
Exhibit A.3
GMQS
Staff Findings
d. As applicable, site development shall be designed so that:
1. A front walkway to the historic resource shall be no wider than the minimum
requirement for accessibility, shall run directly from the street to the door unless
necessary to avoid a preserved tree, and shall be gray concrete, brick, rectilinear stone
or flagstone, to be determined by HPC.
2. Stormwater facilities and conveyances shall be demonstrated to fully integrated with
the surrounding landscape palette when viewed from the public right of way.
3. The perimeter of the historic resource shall be entirely bordered by a gravel or small
diameter rock planting strip one (1) foot in width to protect from the impacts of
landscape planting and watering. No plant material around the historic resource shall
have an identified mature height taller than forty-two inches (42”), other than one shrub
or tree, placed with the mature size of the species in mind. No hardscape, other than
a front walkway, shall be permitted in street-facing yards around the historic resource.
4. Perimeter fences which are considered part of the historic significance of a site shall
be retained and repaired and cannot be moved, removed, or inappropriately altered.
5. Any new fence between the historic resource and the street shall be no more than
forty-two inches (42”) in height and shall have no less than a solid to void ratio of fifty-
percent (50%).
Staff Response: Staff recommends the front walkway be reduced in width to 3’. The
pavement must be specified and approved by HPC, and shall be gray concrete, brick or
rectilinear stone or flagstone.
Though additional stormwater design development is needed, the application represents
no visible stormwater features surrounding the resource, which is a recommended
condition of approval.
The application includes the required maintenance border. Based on the landscape
design guidelines evaluated in Exhibit A.1, staff recommends simplification of the
landscape plan immediately around the resource and has included this as a condition of
approval.
The application does not represent a fence, and no historically significant fence exists on
the property. If a fence is proposed when this project is developed, the design must be
reviewed and approved by staff and monitor and any new fence between the historic
resource and the street shall be no more than forty-two inches (42”) in height and shall
have no less than a solid to void ratio of fifty-percent (50%).
Staff finds the review criteria to be met with conditions listed in the resolution.
29
Land Use Application
City of Aspen Historic Preservation Commission
16 March 2023
Location: 205 W. Main Street, Aspen, CO (PID# 273512454003)
An application for Relocation of an Historic Resource.
Planning Representation: Architect:
30
205 W. Main Street / HPC Minor Development
(PID# 273512454003)
16 March 2023 P a g e | 1
TABLE OF CONTENTS
Project Overview
Attachment 1 - Land Use Code Response
Attachment 2 - Vicinity Map and Property Description
Attachment 3 - Site Improvement Survey
Attachment 4 - Relocation and Schematic Landscape Plans
Attachment 5 - Historic Structure Relocation Assessment
Attachment 6 - Signed Fee Agreement
Attachment 7 - Letter Authorizing Representation
Attachment 8 - HOA Compliance Form
Attachment 9 - Proof of Ownership
Attachment 10 - List of Adjacent Property Owners
Attachment 11 - Pre-Application Conference Summary, dated 23 February 2022
31
205 W. Main Street / HPC Minor Development
(PID# 273512454003)
16 March 2023 P a g e | 2
PROJECT OVERVIEW
This application is submitted on behalf of Conservation Housing Partners LLC (the “Applicant”) for
the property located at 205 W Main Street, Aspen, Colorado, PID# 273512454003 (the “Property”).
The Property is a 7,500 square foot lot which contains a Victorian era single family home or miner’s
cottage with accessory dwelling unit. The home was constructed in 1890 and moved to its current
location in 1949 from a location just outside the Aspen Townsite. The Property is zoned Mixed-Use
(MU) and has landmark designation.
The building consists of 2,226 SF of residential floor area a nd incorporates two existing residential
units, one free-market unit and one deed-restricted accessory dwelling unit. The eventual
development of the property would include a 100% affordable residential development. Plans for
that development are not fully available at this time.
The intent of this application is to relocate a historic residence that is currently more or less
centered on its 7,500 square foot lot. The residence would be moved to a 3,000 square foot portion
of the property. This location would feature the historic residence more prominently and provide
a location that is more consistent with historic miner’s cottages of this size.
The scope of work would include the demolition of a small non-historic addition at the southwest
corner of the miner’s cottage and re-positioning it on a new foundation at the northeast corner
of the Property. A small non-historic shed on the Property would be removed as well. Basement
window wells would be expanded to provide additional livability to the subgrade area. No
window wells would be located in setbacks. Landscaping will be provided to screen these window
wells from the street.
Code requirements, such as setback and height are all met by the proposed relocation. A small
amount of additional floor area is added to the structure through the expansion of window wells.
On the other hand, a small amount of floor area is removed through the removal of the non -
historic addition. The result is a zero net gain in floor area. The window wells for the subgrade area
do not increase the bulk and massing of the proposed relocation.
Given the proximity to the commercial core and it location within the Main Street Historic District,
we believe that this relocation is uniquely situated to showcase the historic residence. The
restoration and preservation of the historic miner’s cottage at a prominent corner location
preserves an important example of Aspen’s historic built environment. The site will be well-
landscaped in accordance with Historic Preservation Guidelines, with a protective surround for
the historic resource.
Since the property currently consists of two and one-half Townsite lots, moving the historic
residence to the area of an original single original Townsite lot is in keeping with the historic siting
of these cottages. Streetscape improvements along First Street will include the elimination of an
informal parking area currently in the City right-of-way and appropriate street tree plantings.
32
205 W. Main Street / HPC Minor Development
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16 March 2023 P a g e | 3
LAND USE CODE RESPONSE
Sec. 26.415.070(c). - Development involving designated historic property or property within
a historic district.
(d) Certificate of appropriateness for m inor development.
(1) The review and decision on the issuance of a certificate of appropriateness for major
development shall begin with a determination by the Community Development Director that the
proposed project constitutes a m inor development. A m inor development includes one or more
of the following activities:
a. Expansion or erection of a structure wherein the increase of the floor area of the structure is
two hundred and fifty (250) square feet or less or
b. Alterations to a building façade, windows, doors, roof planes or material, exterior wall
materials, dormer porch, exterior staircase, balcony or ornamental trim when three (3) or
fewer elements are affected and the work does not qualify for a certificate of no negative effect
or
c. Erection or installation of a combination or multiples of awning, canopies, mechani cal
equipment, fencing, signs, accessory features and other attachments to designated properties
such that the cumulative impact does not allow for the issuance of a certificate of no negative
effect;
d. Alterations that are made to nonhistoric portions of a designated historic property that do not
qualify for a certificate of no negative effect; or
e. The erection of street furniture, signs, public art and other visible improvements within
designated historic districts of a magnitude or in numbers such that the cumulative impact
does not allow for the issuance of a certificate of no negative effect.
This project meets the criteria for a minor development.
a. No net increase in floor area will result from the relocation. A slight increase in
subgrade floor area resulting from expanded window wells will be offset by the
removal of non-historic elements.
b. No alterations are proposed for the building façades or any other building elements
as described in this subsection.
c. No additional elements such as awnings, canopies, etc. are proposed.
d. Removal of a non-historic addition to the resource will qualify for a certificate of no
negative effect.
e. No street furniture, signs, public art or other visible improvements are proposed.
(2) An application for minor development shall include the following:
a. The general application information required in Section 26.304.030.
b. Scaled elevations and/or drawings of the proposed work and its relationship to the designated
historic buildings, structures, sites and features within its vicinity.
c. An accurate representation of all building materials and finishes to be used in the
development.
d. Photographs and other exhibits, as needed, to accurately depict location, extent and design of
proposed work.
e. Verification that the proposal complies with Chapter 26.410, Residential design standards or
a written request for a variance from any standard that is not being met.
This application provides a relocation plan and other materials as specified in the Pre -
Application Conference Summary dated 23 February 2023 . No changes to existing
33
205 W. Main Street / HPC Minor Development
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16 March 2023 P a g e | 4
building materials or finishes are proposed. All residential design standards are met
through this proposed relocation.
(3) The procedures for the review of minor development projects are as follows:
a. The Community Development Director will review the application materials and if they are
determined to be complete, schedule a public hearing before the HPC. The subject property
shall be posted pursuant to Paragraph 26.304.060(e)(3)b.
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 Pres ervation
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.
d. The HPC decision shall be final unless appealed by the applicant or a landowner within three
hundred (300) feet of the subject property in accordance with the procedures set forth in
Chapter 26.316.
The procedures for Relocation Review are understood. It is understood that review will
be performed by the Historic Preservation Commission .
Chapter 26.415.090 Relocation of designated historic properties
The intent of this Chapter is to preserve designated historic properties in their original locations as muc h of
their significance is embodied in their setting and physical relationship to their surroundings as well as their
association with events and people with ties to particular site. However, it is recognized that occasionally the
relocation of a property may be appropriate as it provides an alternative to demolition or because it only has
a limited impact on the attributes that make it significant.
(a) Application. An application for relocation shall include:
(1) The general application information required in Section 26.304.030 .
(2) A written description and/or graphic illustrations of the building, structure or object proposed
for relocation.
(3) A written explanation of the type of relocation requested (temporary, on -site or off-site) and
justification for the need for relocation.
(4) A written report from a licensed engineer or architect regarding the soundness of the building,
structure or object, its ability to withstand the physical move and its rehabilitation needs, once
relocated.
(5) A conceptual plan for the receiving site providing preliminary information on the property
boundaries, existing improvements and site characteristics and the associated planned
improvements.
(6) If the applicant does not own the receiving site, proof from the site's property owner of the
willingness to accept the relocated building, structure or object.
(7) Evidence that the applicant has or is seeking the necessary approvals to place the building on
the identified receiving site. If the site is outside of the city limits, verification that the building
will be preserved on its new site through a formal action of the other jurisdiction or a
preservation easement.
(8) Evidence of the financial ability to undertake the safe relocation, preservation and repair of the
building, structure or object; site preparation and construction of necessary infrastructure
through the posting of bonds or other financial measures deemed appropriate.
34
205 W. Main Street / HPC Minor Development
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(9) Supplementary materials to provide an understanding of the larger context for the relocated
property and its impact on adjacent properties, the neighborhood or streetscape.
Graphic illustrations of the building are provided with this application. The relocation will
be on-site and provide for possible future development of the Property as affordable
housing. Relocation will provide a perman ent and improved foundation that will stabilize
the historic resource. The architects attest to the soundness of the building and its ability
to withstand a physical move and rehabilitation. The plan for the relocation is provided
as part of this application. The receiving site is owned by the applicant and is within the
jurisdiction of the City of Aspen. The applicant has the financial ability to undertake the
safe relocation of the historic resource as well as carrying forward the other aspects of
this application. Bonding or other financial instruments may be provide d as stipulated in
final approval for the project.
The proposed development is in conformance with all zoning parameters for the Mixed-
Use zone district and is consistent with other development along Main Street.
(b) Procedures for the review of relocation request.
(1) The Community Development Director shall review the application materials submitted for
relocation approval. If they are determined to be complete, the applicant will be notified in
writing of this and a public hearing before the HPC shall be scheduled.
(2) Notice for the review of the relocation request shall include publication, posting and mailing
pursuant to Section 26.304.060(e)(3) Paragraphs a, b and c.
(3) If the relocation request is part of a major development project, the Community Development
Director may consolidate or modify the review process accordingly pursuant to Section
26.304.060 (b).
(4) Staff shall review the submittal material and prepare a r eport that analyzes the project's
conformance with the standards for relocation approval set forth below, the City Historic
Preservation Design Guidelines and other applicable Land Use Code sections. This report will
be transmitted to the HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions and the reasons
for the recommendation. The HPC will review the application, the report and the evidence
presented at the hearing to deter mine if the standards for relocation have been met.
(5) The HPC shall approve, disapprove, approve with conditions or continue the application to
obtain additional information necessary to make a decision to approve or deny.
(6) A resolution of the HPC action will be forwarded to the City Council in accordance with Section
26.415.120 and no relocation will occur until after the thirty (30) day "call up" period of the
City Council has expired.
These procedures are understood and appropriate public notice will be provided by the
Applicant.
(c) Standards for the relocation of designated properties. Relocation for a building, structure or object
will be approved if it is determined that it meets any one of the following standards:
(1) It is considered a noncontributing element of a historic district and its relocation will not affect
the character of the historic district; or
(2) It does not contribute to the overall character of the historic district or parcel on which it is
located and its relocation will not have an adverse impact on the Historic District or property;
or
(3) The owner has obtained a certificate of economic hardship; or
35
205 W. Main Street / HPC Minor Development
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16 March 2023 P a g e | 6
(4) The relocation activity is demonstrated to be an acceptable preservation method given the
character and integrity of the building, structure or object and its move will not adversely affect
the integrity of the His toric District in which it was originally located or diminish the historic,
architectural or aesthetic relationships of adjacent designated properties; and
The relocation activity represents an acceptable preservation method given the
character and integr ity of the building. Its relocation will bring an historic resource into
closer focus as a contributing element to the Main Street Historic District. The relocated
property is a contributing element to the Main Street Historic District, but its relocation will
not affect or detract from the character of the historic district. This standard has been
met.
Additionally, for approval to relocate all of the following criteria must be met:
(1) It has been determined that the building, structure or object is capable of withstanding the
physical impacts of relocation;
(2) An appropriate receiving site has been identified; and
(3) An acceptable plan has been submitted providing for the safe relocation, r epair and preservation
of the building, structure or object including the provision of the necessary financial security.
The architects have determined that the frame structure is capable of withstanding the
physical impacts of relocation. The actual reloc ation site is very close to the structure’s
existing location. An appropriate plan is provided for the safe relocation, repair, and
preservation of the building. Financial security will be provided as required.
(d) Procedures for considering request for relocation of properties under consideration for
designation. While it is the intent of this Chapter to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general welfare,
prosperity and civic pride of its citizenry cannot be identified, evaluated, documented and
designated at one time. However, it is important to protect properties which potentially qualify for
designation against needless loss until review and hearings can be completed .
(1) No relocation will be permitted for properties under consideration for designation to the Aspen
Inventory of Historic Landmark Site and Structures unless relocation approval is issued by the
Historic Preservation Commission or City Council.
(2) All properties under consideration for designation and, therefore, subject to the temporary stay
of relocation will be identified on a list maintained by the Chief Building Official. Property
owners will be notified by registered mail that their property is under con sideration for
designation and have an opportunity to review all materials compiled at that time to verify
accuracy.
(3) These procedures shall apply to any building located within an area under preliminary
application for designation from the time the applic ation is filed until the time action is taken
on the application by the City Council.
(4) If a public hearing to consider the application for designation is not held by the City Council
within six (6) months of the initiation of the stay, the stay will expire . An additional six -month
stay period may be approved by City Council in the form of a resolution, at a public hearing,
with a showing of good cause.
The proposed relocation of a designated historic resource constitutes a minor
application for review by th e Historic Preservation Commission .
36
205 W. Main Street / HPC Minor Development
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16 March 2023 P a g e | 7
Sec. 26.710.180. Mixed Use (MU) Zone District
(a) Purpose. The Mixed Use (MU) zone serves as a transition from the more intense commercial areas
of the CC and C-1 zones, and the residential and lodging zones surrounding Main Street. By allowing
for a mix of commercial and residential uses and smaller -scale development, the Mixed Use zone
reflects Aspen's historic character and provides different economic and residential opportunities
from more traditional comm ercial zones. Particularly along Main Street, the Mixed Use zone serves
as a buffer from the traffic of Highway 82 while allowing for smaller scale commercial and
residential opportunities.
Buildings in the Mixed Use zone consist primarily of commercial, service and office uses on the ground floor,
and residential and office uses on upper floors and off of the primary street frontage. Uses in the MU zone
should not erode the character of the neighborhood or create excessive impacts to the surro unding residential
and lodging zone. Standalone residential uses are permitted on properties as a reflection of the historic
residential nature of the zone district.
(b) Permitted uses. The following uses are permitted as of right in the Mixed -Use (MU) Zone District:
(1) On historic landmark properties: Bed and breakfast.
(2) General retail uses.
(3) Specialty retail uses.
(4) Restaurant, bar and entertainment uses.
(5) Service uses.
(6) Office uses.
(7) Lodging.
(8) Arts, cultural, civic and community uses.
(9) Public uses.
(10) Recreational uses.
(11) (Academic uses.
(12) Affordable multi-family residential.
(13) Free-market multi-family housing is permitted in a mixed use building if the housing was legally
established (having received a Certificate of Occupancy, Development Order, or applied for a
Development Order) prior to Ordinance 29, Series 2016. No new Free -Market Residential Units
may be established in mixed -use buildings.
(14) Free-market multi-family residential when a stand-alone use, or in conjunction with affordable
multi-family residential.
(15) Single-family residence, Duplex residence, or two (2) detached single -family residences.
Accessory dwelling unit in a separate building accessed off the rear of a lot as an accessory use.
(16) Home occupations.
(17) Accessory uses and structures.
(18) Storage accessory to a permitted use.
(19) Vacation rentals. Pursuant to Section 26.575.220.
The proposed relocation will not affect the current residential use of the building .
Standalone residential uses are permitted as a reflection of the historic residential nature
of the zone district.
(c) Conditional uses. The following uses are permitted as conditional uses in the Mixed -Use (MU) Zone
District, subject to the standards and procedures established in Chapter 26.425:
(1) Commercial parking facility, pursuant to Chapter 26.515.
(2) Automobile showroom and dealership.
(3) Formula uses in the Main Street Historic District, subject to the provisions contained in Section
26.425.045 .
(4) Lodge, Boutique.
Condition use approval is not required for this application.
37
205 W. Main Street / HPC Minor Development
(PID# 273512454003)
16 March 2023 P a g e | 8
(d) Dimensional requirements. The following dimensional requirements shall apply to all permitted and
conditional uses in the Mixed -Use (MU) Zone District. The dimensional standards and allotments
provided in this Section for commercial and mixed -use developments are the maximum allowable
for the zone and may not be achieved for all developments. Site constraints, historic resources, on -
site mitigation and replacement requir ements, and other factors may prevent development from
achieving some or all of the maximum allowable dimensional standards.
(1) Minimum Gross Lot Area (square feet): Three thousand (3,000).
The Property consists of a gross lot area of 7,500 SF, so this requi rement is met. The
relocation area would consist of a n area equivalent to an original platted Townsite lot of
3,000 SF.
(2) Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwellings : Four thousand five hundred (4,500). Three thousand (3,000)
for historic landmark properties.
b. Duplex dwellings (square feet): Four thousand five hundred (4,500). Three thousand (3,000)
for historic landmark properties.
c. All other uses: Not applicable.
The minimum lot area requirement of 3,000 SF fo r a historic landmark is met.
(3) Minimum lot width (feet): Thirty (30).
This requirement is met. The lot width is seventy -five (75) feet.
(4) Minimum front yard setback (feet): Ten (10), which may be reduced to 5, pursuant to Special
Review, Chapter 26.430.
(5) Minimum side yard setback (feet): Five (5).
(6) Minimum rear yard setback (feet): Five (5).
These requirements are met. No reduction s are requested.
(7) Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
A trash/recycling area will be provided meeting all requirements of the Code.
(8) Maximum height:
a. Detached residential and duplex dwellings : Twenty-five (25) feet.
b. All other uses: Twenty-eight (28) feet.
No new construction is proposed that would increase the existing height of the
residence, which meets the 28-foot height limit requirement.
(9) Minimum distance between buildings on the lot (feet): Ten (10).
Not applicable, as there are no other buildings on the site. Any future new construction
would observe this requirement.
(10) Pedestrian amenity space: Pursuant to Section 26.412 .
Not applicable. Pedestrian amenity space is not required for a 100% residential project.
(11) Floor Area Ratio (FAR):
38
205 W. Main Street / HPC Minor Development
(PID# 273512454003)
16 March 2023 P a g e | 9
a. The following FAR schedule applies to uses cumulatively and individually when part of a
commercial, lodging, or mixed-use development, as follows:
Use Maximum
(allowed by right)
Maximum by special review
(see Subsection 26.430.040(a))
Main Street
Historic District
All Other
Locations
Cumulative total of all uses 1:1 1.25:1 1.5:1
Commercial 1:1 1.25:1 1.5:1
Civic 1:1 1.25:1 1.5:1
Lodging 0.75:1 1:1 1:1
Affordable Housing No limitation other than cumulative total of all uses
b. The following FAR schedule applies to affordable housing and free-market residential uses
when developed as the only use of the parcel:
1. Affordable Housing, multi -family housing: Limited to cumulative total outlined
in Section 26.710.180 (d)(11)a, above.
2. Free-market, affordable housing : 0.5:1, which may be increased to 0.75:1 if affordable
housing floor area equal to one hundred p ercent (100%) of the free-market residential
floor area is developed on the same parcel.
For an affordable housing project, t his 7,500 SF property would carry a maximum floor
area ratio of 1:1 or 7,500 SF by right. With Special Review, as provided in the Land Use
Code, the floor area ratio may be increased to 1.25:1. This would provide an allowable
floor area of 9,587.5 SF.
However, the proposed floor area in this application is unchanged and no request for
additional floor area is included here.
c. The following FAR schedule applies to single -family and duplex uses when developed as the
only use of the parcel:
1. Detached residential and duplex dwellings established prior to the adoption of
Ordinance No. 7, Series of 2005 : One hundred percent (100%) of the allowable floor
area of an equivalent-sized lot located in the R-6 Zone District. (See R -6 Zone District.)
Receipt of a development order shall constitute the date the use was established.
Replacement after demolition shall not effect a new e stablishment date for the purposes
of this Section. City historic transferable development rights shall not permit additional
floor area for detached residential and duplex dwellings.
2. Detached residential and duplex dwellings established after the adoption of Ordinance
No. 7, Series of 2005: Eighty percent (80%) of the allowable floor area of an equivalent -
sized lot located in the R-6 Zone District. (See R-6 Zone District.) City historic
transferable development rights shall not permit additional floor area for detached
residential and duplex dwellings.
39
205 W. Main Street / HPC Minor Development
(PID# 273512454003)
16 March 2023 P a g e | 10
Not applicable to this application.
(12) Maximum multi-family residential dwelling unit size (square feet):
a. Category 1-7 Affordable multi-family housing: No limitation.
b. Resident Occupied Affordable multi-family housing: Individual units shall be limited to two
thousand (2,000) square feet of net livable area.
c. Free-Market multi-family housing: Individual units shall be limited to two thousand (2,000)
square feet of net livable area. Combination of Fre e-Market residential units is permitted,
but subject to the net livable size limitations herein, as well as other provisions of this Title.
d. Expansions Allowed: Notwithstanding the above, individual multi -family unit sizes may be
increased by extinguishing Historic Transferable Development Right Certificates
("certificate" or "certificates"), subject to the following:
1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate
that is extinguished.
2. The additional square foot age accrued may be applied to multiple units. However, the
maximum individual unit size attainable by transferring development rights is two
thousand five hundred (2,500) square feet of net livable area (i.e., no more than five
hundred (500) additional squ are feet may be applied per unit).
3. This incentive applies only to individual unit size. Transferring development rights does
not allow an increase in the Floor Area Ratio (FAR) of the lot or the use.
There is no limitation to unit size for affordable multi -family housing. The existing residential
structure is fully conforming to these requirements.
(13) Commercial/residential ratio: When development includes mixed-uses, the total residential net
livable area shall be no greater than one hundred fifty percent (150%) the total commercial net
leasable and lodging net livable area located on the same parcel.
Not applicable.
(e) Compliance with City of Aspen Charter. Any property located east of Castle C reek that was in the
Mixed-Use (MU) zone district on January 1, 2015, is subject to the provisions of Article XIII Section
13.14, Voter authorization of certain land use approvals , of the City of Aspen Charter.
Not applicable at this location.
40
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
41
2,336
389.4
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet0389.4194.68
Notes
Pitkin Maps & More
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 3:09 PM 03/16/23 at http://www.pitkinmapsandmore.com
State Highway
Road Centerline 4K
Primary Road
Secondary Road
Service Road
Full Address
Parcel Boundary
Rivers and Creeks
Continuous
Intermittent
River, Lake or Pond
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
42
Report Created: 3/16/2023 3:37:41 PM
Parcel ID: 273512454003Pitkin County Parcel Report
Woody Creek-Roaring Fork River
Main Street Historic District
No Zoning Overlay on this parcel
AACP
Not within a Caucus Area
Watershed Drainage
Historic District
Zone District Overlays
Master Plan Area
Caucus
Boundaries
Pitkin County Library
Aspen School District No. 1 (RE)
Aspen Fire Protection District
City of Aspen Water Service Area
Aspen Consolidated Sanitation District
Library District
School District
Fire District
Water District
Sewer System
Services
Land Use Category
2226 Sq. FeetImprovements
Assessor's Information
Township, Range, Section
7405.2 Sq. Feet
205 W MAIN ST
Aspen
GIS Parcel Size
Address (Assessor's Records)
Jurisdiction
Property Information
1112: Residential-Single Family Residence
205 W MAIN Address (GIS Points)205 W MAIN ST
605 W MAIN ST #2 ASPEN, CO 81611
R000276
CONSERVATION HOUSING PARTNERS LLCOwner
Account
Owner Address
T:10, R:85, S:12
Subdivision: CITY AND TOWNSITE OF ASPEN Block: 52 Lot: H AND:- Lot: I & E 15'
OF LOT G
Legal Description
No Zoning District on this parcelZone District
43
1
2
U.S. House of Representatives District
Board of County Commissioners District(s)
State Senate District
State House District
Voting Precinct
Voting Information
3
5
57
Hallam Lake, Reeder, Mill Street Parcel, Little Cloud, Marolt Ranch, Little Cloud Park,
Jenny Adair Park, Center Lode Mining Claim, Barbee
Hunter Creek Extension, Racetrack, Villas, W Hallam St, S Seventh St, Trueman ,
Recycle Center, Rio Grande Park, Summit St Cutoff , Post Office, E Hallam St,
Courthouse, Ajax - Little Cloud connector, John Denver Sanctuary, Puppy Smith, Red
Mountain Rd, E Hopkins Ave, Little Cloud, Scotties, Midland Trail , W Hopkins Ave, Ajax,
Aspen Mountain Rd, Bergman, Rio Grande, Marolt, Top of Mill Crossover, Trueman, Red
Brick, Music Tent, Midland - 3rd St, Lone Pine, W Hopkins Path
Wagner Park, Pioneer Park, Hillyard Park, Triangle Park, Koch Lumber Park, Wheeler
Park, Conner Memorial Park, Clapper Park, Francis Whitaker Park, Veterans Park,
Paepcke Park, Yellow Brick School Park, Willoughby ParK, Library Plaza, Armstrong AKA
Crash Point, Lift One A Park, Rio Grande Skate Park, Rio Grande Park, John Denver
Sanctuary, Newbury Park, Cooper Park, Hyman Park, Silver Circle Ice Rink, Mary B
Open Spaces Nearby (1/2 Mile)
Trails Nearby (1/2 Mile)
Parks Nearby (1/2 Mile)
Public Amenities
Woody Creek-Roaring Fork River
Watershed Subbasin
Watershed Drainage
Historic District
Tax Information
Address
Retired Parcel
Documents
Parcel 273512454003
205 W MAIN ST
Brush Creek-Roaring Fork River
COUNTY TV/FM TRANSLATOR
COUNTY HUMAN SERVICES
ASPEN CONSOLIDATED SANITA
ASPEN VALLEY HOSPITAL
COLORADO MTN COLLEGE
Total
COUNTY ROAD & BRIDGE
ASPEN HISTORIC PARK & REC
COLORADO RIVER WATER CONS
PITKIN COUNTY LIBRARY
OPEN SPACE & TRAILS
HEALTHY COMMUNITY FUND
ROARING FORK TRANSP AUTH
ASPEN FIRE PROTECTION
ASPEN AMBULANCE DISTRICT
ASPEN SCHOOL DISTRICT
PITKIN COUNTY GENERAL FND
CITY OF ASPEN
2.297
0.3
5.093
1.436
0.501
8.844
0.956
2.422
3.75
0.177
2.638
0.094
0.287
4.013
2.65
0.065
0.502
$790.20
$105.57
$484.02
$63.22
$19.81
$555.88
$60.48
$201.45
$510.35
$302.59
$37.30
$13.70
$845.62
$1,073.20
$1,863.62
$105.78
$558.41
AmountAuthorityMill Levy
36.025 $7,591.20
No Retired
44
Pitkin County GIS presents the information and data on this report as a service to the public. Every effort has been
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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.
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boundary of more than one data area, for example, multiple Precincts. Visit the Pitkin County GIS Department at
45
DRAWING ISSUEDRAWN BY:PROJECT No:2125CPFDUE DILIGENCE 2021-08-26CONCEPTUAL 2021-10-21HPC APPLICATION 2022-05-12205 WEST MAIN | ASPEN CO205 WEST MAINAll ideas, designs, arrangements and plansindicated or represented by this drawing areowned by and are the property of David JohnstonArchitects, PC and developed for use and inconjunction with the specified project. Noneof the ideas, designs, arrangements or plansshall be used by or disclosed for any purposewhatsoever without the written authorizationof David Johnston Architects, PC.119 South Spring St.Suite 203Aspen, CO 81611 970-925-3444 970-920-2186TELFAXA1.01SITE PLAN | EXISTING |1:10AFFORDABLE HOUSINGSheet No.SCALE: 1' = 1'-0"1SITE PLAN | EXISTING | 1:100 1/2'' 1'' 2''
46
DRAWING ISSUE
DRAWN BY:
PROJECT No:2125
CPF
DUE DILIGENCE 2021-08-26
CONCEPTUAL 2021-10-21
HPC OPTION B 2022-11-07
HPC-RELOCATION 2023-03-10205 WEST MAIN | ASPEN CO 205 WEST MAIN All ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
A1.03
SITE PLAN | RELOCATION
PLAN | 1:10 AFFORDABLE HOUSING Sheet No.
N
PROPOSED HISTORIC STRUCTURE FOOTPRINT15'-219/64"EXISTING PARKING
-TO BE REMOVED
W. MAIN STREET
100.00' PUBLIC R.O.W.S. FIRST STREET75.45' PUBLIC R.O.W.S 75°09'11" E 75.00' (R)
N 75°09'11" W 75.00' (R)18.324.6
6.2 21.010.97.24.5
25.1 20.31.2
10.212.2
ALLEY BLOCK 52
21.01' PUBLIC R.O.W.
A L L E Y
CONCRETE SIDEWALK
PROPERTY LINE
PROPERTY LINE
LIGHTWELLLIGHTWELLFOOTPRINT OF EXSTING
HISTORIC STRUCTURES 14°50'49" W 100.00' (R)SETBACK
SCALE: 1" = 10'1 SITE PLAN | PROPOSED HISTORIC RELOCATION | 1:10
0 5'10'20'
47
PRELIMINARYSCHEMATICPLANL0.10DATE:DRAWN BY:CHECKED BY:ISSUE:HISTORY:BAJSHEET TITLE:MAIN STREETVICTORIANFOR PLANNINGPURPOSES ONLYNOT FOR CONSTRUCTION10.24.2022ADDRESS:205 W. MAIN ST.ASPEN, CO 81611PARCEL #---------------PSRDATE04.20.2022ISSUEHPCSTAMP PER DISCIPLINEPITKIN COUNTY STAMPS0'3'6'12'SCALE: 1"= 6'-0"NORTHDRAFTIVORY SILK JAPANESE TREE LILACRHAPSODY BLUE HYDRANGEAROCKY MOUNTAIN COLUMBINEFIREFLY CORAL BELLSLILY -OF-THE-VALLEYORCHID FROST DEAD NETTLEBELGARD PERMEABLE PAVERFLAGSTONE STEPPERS &FLAGSTONE PATIOIVORY SILK JAPANESE TREELILAC, TYP.FIREFLY CORAL BELLS, TYP.DEAD NETTLE, TYP.RHAPSODY BLUE HYDRANGEA,TYP.ROCKY MOUNTAIN COLUMBINE,TYP.LILY-OF-THE-VALLEY,TYP.EXISTING TREES TO REAMINPROPOSED FLAGSTONESTEPPERS, TYP.PROPOSED PERMEABLEPAVERS, TYP.LAWNLAWNPROPERTY LINEPROPERTY LINESETBACKHISTORIC RESOURCETBDFLAGSTONE PATIO, TYP.BIKE PARKINGBENCH, TYP.WWWWALLEYEXISTING SIDEWALKEXISTING SIDEWALKPROPOSED SIDEWALKPROPOSED DECIDUOUS TREETYP.TBDTBDCOBBLE MAINTENANCE BAND48
119 South Spring Street | Suite 203 | Aspen, CO
T 970.925.3444 C 517.881.5046
www.djarchitects.com
May 20, 2022
D. Brian Beazley
Stan Clauson
205 West Main Street Affordable Housing
Historic Structure Relocation Assessment
This letter serves as a document to confirm the proposed relocation and improvements to the
existing structure at 205 West Main Street in Aspen, CO. The proposed design is intending the
house to be lifted from the existing basement foundation and relocated to the NE corner of the lot.
The home was built in 1890 and moved from the west end of Aspen to this site in 1949. The
existing residence is a two-story gable framed structure with a single story shed roof structure to the
south. The structure will be set on a new basement foundation, shored and gutted to incorporate
the new proposed floorplans. The roof structure will have to be brought up to current structural
code. Based upon observations, the existing structure appears to be sound and should be able to
withstand the move to the new location. The move should be conducted by a qualified building
moving company that is experienced in moving similar historic structures. This review was based
upon visual observations only.
Regards,
D. Brian Beazley, Architect-AIA
DATE
BY
TO
CC
PROJECT
SUBJECT
COMMENTS
49
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Address of Property:
Please type or print in all caps
Property Owner Name: Representative Name (if different from Property Owner):
Billing Name and Address - Send Bills to:
Contact info for billing: e-mail: Phone:
I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner, I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non-refundable.
$. flat fee for . $. flat fee for
$. flat fee for . $. flat fee for
For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review, and presentation of sufficient information to enable legally required findings to be made for project
consideration unless invoices are paid in full.
The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the
City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an
invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to
pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does
not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates
hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
50
Michael Brown, Manager
Conservation Housing Partners LLC
605 W. Main St., Suite 2
Aspen, CO 81611
970-544-4196
16 March 2023
Mr. Kevin Rayes, Planner
Community Development Department
City of Aspen
427 Rio Grand Place
Aspen, CO 81611
Re: Authorization to Submit Land Use Application / Minor Development and Relocation
Dear Mr. Rayes:
This letter is to certify that I, Michael Brown, Manager of Conservation Housing Partners LLC, owner
of the property located at 205 W. Main Street, give Clauson Rawley Associates, Inc. and its staff
permission to represent us in discussions with the City of Aspen regarding applications for this
property. If you should have any questions regarding this matter, please contact me.
If you should have any questions regarding this matter, please do not hesitate to contact me.
Their contact information is as follows:
Stan Clauson, FAICP, ASLA
Clauson Rawley Associates, Inc.
400 E. Main Street, Suite 203
Aspen, CO 81611
Tel 970-925-2323 (o)
Tel 970-274-3265 (c)
Fax 970-920-1628
stan@cra-designplanning.com
Very Truly Yours,
________________________________________
Michael Brown, Manager
Conservation Housing Partners LLC
51
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying that the scope of work included in the land use application
complies with all applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
I certify as follows: (pick one)
□This property is not subject to a homeowner association or other form of private c ovenant.
□This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary.
□This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners a ssociation or covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: Date:
Owner printed name:
or,
Attorney signature: Date:
Attorney printed name:
52
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Form 5030000 (1-31-17)Page 1 of 16 ALTA Commitment for Title Insurance (8-1-16)
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Commitment
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment
Conditions,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the
Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment
Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A
both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
First American Title Insurance Company
If this jacket was created electronically, it constitutes an original document.
53
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Form 5030000 (1-31-17)Page 2 of 16 ALTA Commitment for Title Insurance (8-1-16)
COMMITMENT CONDITIONS
1.DEFINITIONS
(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public
Records.
(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The
term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does
not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means
authorized by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to
be issued by the Company pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each
Policy to be issued pursuant to this Commitment.
(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge.
(h) "Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment
to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements;
(f) Schedule B, Part II—Exceptions; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4.COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect,
lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any
liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other
amendment to this Commitment.
5.LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense
incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first delivered to
the Proposed Insured.
54
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Form 5030000 (1-31-17)Page 3 of 16 ALTA Commitment for Title Insurance (8-1-16)
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith
and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the
Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the
parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject
matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation
to provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized
by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only
liability will be under the Policy.
7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is
delivered to a Proposed Insured, nor is it a commitment to insure.
9.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or
less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the
parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
55
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5033708-A (4-9-18)Page 4 of 16 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule A
Transaction Identification Data for reference only:
Issuing Agent:Winter Van Alstine Issuing Office:Attorneys Title Insurance Agency
of Aspen, LLC
Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.:
Commitment No.:21004842 Issuing Office File No.:21004842
Property Address:205 West Main Street, Aspen, CO 81611
SCHEDULE A
1. Commitment Date: October 8, 2021 at 07:45 AM
2. Policy or Policies to be issued: Amount Premium
A.ALTA Owners Policy (06/17/06)$5,500,000.00 $9,545.00
Proposed Insured:Conservation Housing Partners LLC, a Colorado limited liability company
Certificate of Taxes Due $25.00
Endorsements:
CO-110.1 (Delete 1, 2, 3, 4)$75.00
Additional Charges:$0
Total $9,645.00
3. The estate or interest in the land described or referred to in this Commitment is Fee simple.
4. The Title is, at the Commitment Date, vested in:
Karen C. Stevenson and Heather M. Chisholm
5. The land referred to in the Commitment is described as follows:
SEE EXHIBIT A ATTACHED HERETO
For informational purposes only, the property address is: 205 West Main Street, Aspen, CO 81611.
56
SCHEDULE A
(Continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5033708-A (4-9-18)Page 5 of 16 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule A
Attorneys Title Insurance Agency of Aspen, LLC
By:
Winter Van Alstine
Authorized Officer or Agent
FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys
Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax:
970 925-7348.
57
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5030008-BI&BII (5-18-17)Page 6 of 16 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII
Commitment No: 21004842
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2.Pay the agreed amount for the estate or interest to be insured.
3.Pay the premiums, fees, and charges for the Policy to the Company.
4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
5.Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the
County Treasurer or the County Treasurer's Authorized Agent.
6.Evidence that all assessments for common expenses, if any, have been paid.
7.Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company
8.Special Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or
referred to herein, from Karen C. Stevenson and Heather M. Chisholm to Conservation Housing Partners LLC, a
Colorado limited liability company, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section
38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property
address) be included on the face of the Deed to be recorded.
9.Release of the Deed of Trust from Edith S. Chisholm, Karen H. Chisholm, and Heather M. Chisholm, to the Public
Trustee of Pitkin County for the benefit of Norwest Mortgage Inc., to secure an indebtedness in the principal sum
of $144,000, and any other amounts and/obligations secured thereby, dated January 6, 1999 and recorded
January 19, 1999 as Reception No. 426731.
10.Record a Statement of Authority to provide prima facie evidence of existence of Conservation Housing Partners
LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person
authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172.
58
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Form 50-CO-Disclosure (4-1-16)Page 7 of 16 Disclosure Statement (5-1-15)
Colorado
11.Certificate of Good Standing from the Colorado Secretary of State for Conservation Housing Partners LLC, a
Colorado limited liability company.
12.A copy of the properly signed and executed Operating Agreement if written, for Conservation Housing Partners
LLC, a Colorado limited liability company, to be submitted to the Company for review.
13.Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be
taken to adverse matters disclosed thereby.
14.Receipt by the Company of the appropriate Lease Affidavit indemnifying the Company against any existing leases
or tenancies, and any and all parties claiming by, through or under said lessees.
15.This Title Commitment is subject to underwriter approval.
59
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5030008-BI&BII (5-18-17)Page 8 of 16 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Commitment No.: 21004842
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC
COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained
by an inspection of the Land or by making inquiry of persons in possession thereof.
2.Easements, or claims of easements, not shown by the Public Records.
3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land
survey and inspection of the Land would disclose, and which are not shown by the Public Records.
4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not
shown in the Public Records.
5.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and
settlement service for the transaction identified in the commitment
6.Any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: This exception will not appear on the final title policy upon payments of taxes and premiums.
7.Intentionally deleted.
8.Any water rights, claims of title to water, in, on or under the Land.
9.Taxes and assessments for the year 2021, and subsequent years, a lien not yet due or payable.
60
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Form 50-CO-Disclosure (4-1-16)Page 9 of 16 Disclosure Statement (5-1-15)
Colorado
10."That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper, or to any valid mining claim
or possession held under existing laws" as described in the Deed dated January 3, 1888, and recorded January 8,
1888 in Book 59 at Page 243 as Reception No. 021983.
11.Reservations and exceptions specified under the Act authorizing the issuance of the Patent for the City and
Townsite of Aspen, recorded March 1, 1897, in Book 139 at Page 216 as Reception No. 060156.
12.Any and all notes, easements and recitals as disclosed on the Official Map of the City of Aspen recorded
December 16, 1959, as Reception No. 109023.
13.Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 6 (series of 1959, An
Ordinance Accepting a Map Entitled "Official Map of the City of Aspen, Pitkin County, State of Colorado," as the
Official Map of the City of Aspen: Providing for Dedication of all Streets and Alleys, Except Such Streets and
Alleys Heretofore Vacated; And Providing for the Filing of Said Map, Field Notes, and Supplemental Plats with the
Clerk and Recorder for Pitkin County, dated November 2, 1959, and recorded December 18, 1959, in Book 189 at
Page 354 as Reception No. 109043; and any and all notes, easements and recitals as disclosed on the Willets
Map recorded November 12, 1969 in Plat Book 4 at Page 27 as Reception No. 137902.
14.Terms, conditions, provisions, agreements and obligations specified under the Accessory Dwelling Unit Deed
Restriction dated November 2, 1994, recorded December 6, 1994, in Book 768 at Page 781, as Reception No.
376974.
15.Intentionally deleted.
16.Terms, conditions, provisions, agreements and obligations specified under the Revocable Encroachment Licenses
recorded July 7, 2003, as Reception Nos.484973,484974, and 484975.
17.Terms, conditions, provisions, agreements and obligations specified under the License Agreement dated January,
2018, recorded January 18, 2018, as Reception No. 644528.
18.Any loss or damage due to the following matters as disclosed on the Improvement Survey Plat, provided by Aspen
Survey, dated July 28, 2021, as File No. 2107124:
1. Encroachment of the Concrete Drive onto the Land from the adjacent property to the West.
2. Any right, title, interest or claims of interest based upon the fence lines not corresponding to the property lines.
3. Boardwalk encroachment into Block 52 alley.
19.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
NOTE: Upon receipt of a Lease Affidavit from Seller, this exception will not appear on the final title policy.
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Form 5000000-EX (7-1-14)Page 10 of 16 Exhibit A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Exhibit A
File No.: 21004842
The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows:
Lots H and I and the East fifteen (15') feet of Lot G, Block 52, CITY AND TOWNSITE OF ASPEN, Pitkin County, Colorado.
62
Form 50-CO-Disclosure (4-1-16)Page 11 of 16 Disclosure Statement (5-1-15)
Colorado
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain
a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will
refuse to record or file any document that does not conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to
the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title
commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its
agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance
and is responsible for the recording and filing of legal documents resulting from the transaction which was closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated
by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County
Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in
writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be
obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the
boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the
County Assessor.
NOTE: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or
exceptions, in Schedule B, Section 2.
A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner’s
permission.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for the
Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the
Owner’s Policy to be issued) upon compliance with the following conditions:
A. The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the
land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and
material-men’s liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements
satisfactory to the company, and, any additional requirements as may be necessary after an examination of the
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
63
Form 50-CO-Disclosure (4-1-16)Page 12 of 16 Disclosure Statement (5-1-15)
Colorado
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate
transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate
withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties
may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an
insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or
claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement
or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the
department of regulatory agencies.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA
Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the
above conditions are fully satisfied.
64
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.
65
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68
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
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From Parcel: 273512454003 on 03/16/2023
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69
121 W BLEEKER LLC
ASPEN, CO 81611
121 W BLEEKER ST
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
135 HOPKINS LTD
AUSTIN, TX 78738
12400 HWY 71 W #350-371
211 WEST MAIN LLC
ASPEN, CO 81611
323 W MAIN ST
212 WEST HOPKINS LLC
ASPEN, CO 81611
212 W HOPKINS AVE
220 WEST MAIN PARTNERS LLC
ASPEN, CO 81611
220 WEST MAIN ST STE 105
220 WEST MAIN STREET LLC
ASPEN, CO 81611
201 CASTLE RIDGE
220 WMAC LLC
ASPEN, CO 81612
PO BOX 8346
233 W BLEEKER LOTS ABC LLC
ASPEN, CO 81611
501 RIO GRANDE PL #204
235 W HOPKINS B LLC
BOCA RATON, FL 33432
250 S OCEAN BLVD # 14A
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
AJAX VIEW COMMERCIAL/NORTH STAR OFFICE
ASPEN, CO 81611
132 W MAIN ST
AML 103 LLC
ASPEN, CO 81611
605 W MAIN ST #2
AML 309 LLC
ASPEN, CO 81611
605 W MAIN ST #2
ASPEN CONDOS ASSOC
ASPEN, CO 81611
COMMON AREA
311 W MAIN ST
ASPEN HOMEOWNERS ASSOCIATION
ASPEN, CO 81611
311 W MAIN ST
ASPEN MAIN OFFICE CONDO ASSOC
ASPEN, CO 81611
220 W MAIN ST
ASPEN MEDICAL CENTER CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
W MAIN ST
ASPEN MOUNTAIN LODGE UNIT 301 LLC
CONSHOHOCKEN, PA 19428
PO BOX 401
ASPEN SCHOOL DISTRICT #1
ASPEN, CO 81611
0235 HIGH SCHOOL RD
ASPEN SKIING COMPANY LLC
ASPEN, CO 81612
PO BOX 1248
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
ASPEN, CO 81611
18 TRUSCOTT PL
BERGHOFF KRISTIN TRUST
INDIANAPOLIS, IN 46236
9112 WALNUT GROVE DR
BERGHOFF MICHAEL R TRUST
INDIANAPOLIS, IN 46236
9112 WALNUT GROVE DR
BETA PROPERTIES LLC
FORT COLLINS, CO 80525
1609 E HARMONY RD
BLEEKER LLC
CARBONDALE, CO 81623
111 PINNACLE CT
BLUEGREEN VACATIONS UNLIMITED INC
BOCA RATON, FL 33431
4960 CONFERENCE WY N #100
BROWDE KRISTEN PRATA
MIAMI, FL 33132
888 BISCAYNE BLVD #2401
CHOOKASZIAN DENNIS
WILMETTE, IL 60091
1100 MICHIGAN AVE
CRAWFORD ALBERT
SYRACUSE, NY 13204
201 SOLAR ST
70
DEAN FAMILY LTD PTSHP LLP
BOULDER, CO 80301
590 DELLWOOD AVE
DHM FAMILY TRST
ATLANTA, GA 30309
2288 PEACHTREE RD, NW #12
DIMITRIUS RALLI TRUST
PASADENA, CA 91101
530 S LAKE AVE #433
ELKMAX LLC
ASPEN, CO 81611
605 W MAIN ST #2
FCB LLC
SNOWMASS, CO 816549102
525 SHIELD O RD
FISH EILEEN
BOULDER, CO 80302
546 14TH ST
GARET CONDO ASSOC
ASPEN, CO 81611
400 E MAIN ST #2
GARMISCH LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
GIBSON RESIDENCES LLC
ASPEN, CO 81611
605 W MAIN ST #2
GILDENHORN MICHAEL S
BETHESDA, MD 20816
5008 BALTON RD
GLICKMAN ADAM
SAN JUAN PUERTO RICO 00907-3122,
644 FERNANDEZ JUNCOS AVE #301
DISTRICT VIEW PLAZA MIRAMAR
GROVER FREDRICK W & PAULA J
ST PETERSBURG, FL 337043717
725 BRIGHTWATERG BLVD NE
GUNN ROBERT W FAMILY TRST
MARBLEHEAD, MA 01945
409 OCEAN AVE
GUNNING JANINE L
ASPEN, CO 81612
PO BOX 11705
GUNNING RALPH
ASPEN, CO 81612
PO BOX 11912
HARRISON MARK N
BOULDER, CO 80302
546 14TH ST
HAYMAX LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
HITE ANGELA R FAMILY TRUST
WOODY CREEK, CO 81656
PO BOX 155
HITE HENRY HARRIS REVOC TRUST
WOODY CREEK, CO 81656
PO BOX 155
HOLTZMAN L BART & PATRICIA G
RANCHO MIRAGE, CA 92270
2 SURREY CT
HOTEL ASPEN CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
110 W MAIN ST
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
JACOBY FAMILY LP
VERO BEACH, FL 32963
3383 OCEAN DR
JES 2002 GRANTOR TRUST
ASPEN, CO 81611
221 N STARWOOD DR
JLR QPRT TRUST
CORAL GABLES, FL 33156
355 MARQUESA DR
JOBLON MATTHEW
ENGLEWOOD, CO 80013
43 COVINGTON CT
KETTELKAMP FAM LIV TRUST
PUEBLO, CO 81003
2126 N ELIZABETH ST
KING LOUISE CONDO ASSOC
ASPEN, CO 81611
600 E HOPKINS AVE #203
KMGS REV TRUST
SAN FRANCISCO, CA 94118
3880 JACKSON ST
MARTIN SCOTT M
ASPEN, CO 81611
PO BOX 51
71
MELTON DAVID
ASPEN, CO 81611
135 W MAIN ST #A
MORGAN DONALD
ATLANTA, GA 30309
2288 PEACHTREE RD, NW #12
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST #2
NORTH STAR LODGE LLC
GRAND JUNCTION, CO 81505
633 24 RD
NORTHSTAR OFFICE BUILDING CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
122 W MAIN ST
PAN ABODE CONDO ASSOC
ASPEN, CO 81611
211 W HOPKINS AVE
PESIKOFF DAVID
HOUSTON, TX 77098
1811 NORTH BLVD
RESIDENCES AT THE LITTLE NELL CONDO ASSOC INC
ASPEN, CO 81611
501 E DEAN ST
RILEY AMY CLARK
ASPEN, CO 81611
129 W BLEEKER ST
SAND KATHERINE M
ASPEN, CO 81612
PO BOX 51
SEVEN SEAS INVESTMENT LLC
WILMETTE, IL 60091
1120 MICHIGAN AVE
SHADOW MOUNTAIN DUPLEX CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
W HOPKINS AVE
SHIELD JULIET E
ASPEN, CO 81611
221 N STARWOOD DR
SPERAW ENDEAVORS LLC
SNOWMASS VILLAGE, CO 81615
PO BOX 6575
SUREFOOT LC
PARK CITY, UT 84060
1500 KEARNS BLVD #110
TARADA LLC
RESTON, VA 201911530
1902 CAMPUS COMMONS DR #415
TEMPKINS HARRY & VIVIAN
MIAMI BEACH, FL 33139
605 LINCOLN RD #301
TIMBERLINE BANK
GRAND JUNCTION, CO 815054300
649 MARKET ST
TWIN COASTS LTD
BOCA RATON, FL 33432
433 PLAZA REAL #275
TYROL APARTMENTS LLC
ASPEN, CO 81611
200 W MAIN ST
TYROLEAN LODGE LLC
ASPEN, CO 81611
200 W MAIN ST
UTE HOUSING LLC
ASPEN, CO 81611
210 S GALENA ST
VALLEY EXCHANGE PROPERTIES LLC
ASPEN, CO 81611
122 W MAIN ST
VTF 220 LLC
BASALT, CO 81621
113 VALLEY CT
WEST HOPKINS LLC
POTOMAC, MD 20859
PO BOX 61510
WEST SIDE CONDO ASSOC
ASPEN, CO 81611
234 W HOPKINS AVE
WINER CAROL G
BETHESDA , MD 20817
6740 SELKIRK DR
72
2,400
400.0
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet0400.0200.00
Notes
Pitkin Maps & More
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 2:58 PM 03/16/23 at http://www.pitkinmapsandmore.com
State Highway
Road Centerline 4K
Primary Road
Secondary Road
Service Road
Rivers and Creeks
Continuous
Intermittent
River, Lake or Pond
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
73
Page | 1
1. A minimum of six feet may be granted between the historic resource and new buildings if new
construction is limited to one-story in height.
PRE-APPLICATION CONFERENCE SUMMARY
DATE: February 23, 2023
PLANNER: Kevin Rayes | kevin.rayes@cityofaspen.com | 970.429.2797
PROJECT NAME AND ADDRESS: 205 W. Main Street | Affordable Housing Development | Development
Associated with the Historic Resource
PARCEL ID# 2735-124-54-003
REPRESENTATIVE: Stan Clauson | stan@cra-designplanning.com
DESCRIPTION: The subject property is located within the Mixed-Use (MU) zone district and the Main Street
Historic District. The property is improved with a designated landmark Victorian-era single family dwelling.
The resource was constructed circa 1890 and relocated to its current location in 1949.
The Applicant is interested in restoring the historic resource and developing multiple onsite affordable
housing units, within three separate structures – the historic resource and two new detached buildings. The
dwellings consist of one, two, and three-bedroom units. The units are intended to generate certificates of
affordable housing credits as they are not required for mitigation purposes. Based on preliminary
conversations, the units appear to meet minimal size and configuration requirements.
Pursuant to Land Use Code Section 26.470.090.d.3, when one hundred percent affordable housing is
proposed on a designated site containing a resource, a one-step review at HPC followed by an administrative
review may be pursued if the following conditions are met: (1) the resource is fully detached from all new
construction, (2) all non-historic additions are removed, (3) any new construction taller than one story is
distanced at least ten feet from the resource,1 and (4) all dimensional standards including but not limited
to setbacks, Floor Area Ratio, and height as prescribed within the MU zone district are met.
This pre-application sets forth the review process required at the Historic Preservation Commission f or
work impacting the historic resource.
HPC shall determine compliance with the following:
1. Land Use Code Section 26.415.070.c, Certificate of Appropriateness for a Minor Development
HPC shall review the work associated with demolition of non-historic additions and all work directly
affecting the historic resource.
2. Land Use Code Section 26.415.090, Relocation of Designated Historic Properties
• HPC may not deny Relocation but shall determine a siting for the historic structure that best meets
the City of Aspen Historic Preservation Design Guidelines while accommodating the allowed
development rights for the property. A conceptual site plan representing the full project may be
provided to assist with this review.
• Relocation may be granted for a resource within a front, rear, or side setback. New construction
may not be located within a setback.
• In consultation with the Historic Preservation Officer, the application must include a detailed
summary of repairs to historic fabric to be completed during construction, including exterior
materials, doors, and windows. The summary must also identify opportunities to restore an element
of the historic resource from an earlier condition that can be documented through photographs or
74
Page | 2
physical inspection. HPC may prioritize and require up to three of these to be completed during
construction.
• Site development shall incorporate the following (as applicable):
o A front walkway to the historic resource (no wider than the minimum required for
accessibility), that runs directly from the street to the door unless necessary to avoid a
preserved tree. The walkway may consist of gray concrete, brick, rectilinear stone, or
flagstone (as determined by HPC).
o Stormwater facilities and conveyances fully integrate with surrounding landscape when
viewed from the public right-of-way.
o The perimeter of the historic resource is bordered by gravel or a small diameter rock
planting strip one foot in width to protect from water. Plant material around the historic
resource cannot have an identified mature height taller than 42 inches (other than one
shrub or tree, placed with the mature size of the species in mind). Hardscape cannot be in
street facing yards around the historic resource (excluding the front walkway).
o Historically significant perimeter fences should be retained and repaired and cannot be
moved, removed, or inappropriately altered.
o New fences between the historic resource and the street shall not exceed 42 inches in height
and include a solid to void ratio of at least 50 percent.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.415.070.c Certificate of Appropriateness for a Minor Development
26.415.090 Relocation of Designated Historic Properties
26.710.180 Mixed Use (MU) Zone District
For your convenience – links to the Land Use Application, the Land Use Code, and the Historic Preservation
Guidelines are below:
Land Use Application | Land Use Code | Historic Preservation Guidelines
REVIEW BY: Community Development staff for complete application and content
Engineering and Parks for referral comments
HPC for determinations
PUBLIC HEARING: Yes, Historic Preservation Commission
PLANNING FEES: $0 | Applications submitted for new projects that are 100 percent affordable
housing are eligible for a 100 percent fee waiver of Planning Review Fees
REFERRAL FEES: Engineering – $325 (additional hours may be billed as needed).
Parks - $975 Flat Fee
TOTAL DEPOSIT: $1,300
75
Page | 3
APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: kevin.rayes@aspen.gov
Completed Land Use Application and signed Fee Agreement (these documents are linked above).
HOA Compliance form (included in link above).
Pre-application Conference Summary (this document).
An 8 1/2 “ by 11” vicinity map locating the parcel within the City of Aspen.
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, an ownership and encumbrance
report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of
the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting
the parcel, and demonstrating the owner’s right to apply for the Development Application. The
purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use
Case.
Site improvement survey showing all existing conditions, including topography and vegetation,
certified by a registered land surveyor, licensed in the state of Colorado.
Applicant’s name, address, and phone number, within a letter signed by Applicant stating the
name, address and phone number of the representative authorized to act on behalf of the
applicant.
A written description of the proposal and an explanation in written, graphic, or model form of how
the proposed development complies with the review standards relevant to the development
application.
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.
Existing and proposed site plans showing setbacks, property boundaries and the extent of the
building relocation. On the proposed site plan, provide details responsive to the review
requirements, such as identifying the front walkway, fencing, landscaping around the resource,
and stormwater mitigation.
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.
A written report from a licensed engineer or architect regarding the soundness of the miner’s
cottage to be relocated and an explanation of the relocation plan.
Evidence of the financial ability to undertake the safe relocation, preservation, and repair of the
miner’s cottage through the posting of bonds or other financial measures deemed appropriate.
Optional: A conceptual site plan representing the full project may be provided to assist with this
review.
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.
76
Land Use Application Supplement
City of Aspen Historic Preservation Commission
20 April 2023
Location: 205 W. Main Street, Aspen, CO (PID# 273512454003)
Supplement to an Application for Historic Resource Relocation to provide
Affordable Housing.
Planning Representation: Architect:
77
205 W. Main Street / HPC Minor Development
(PID# 273512454003)
20 April 2023 P a g e | 1
Summary
As requested, the applicant is providing existing floor plans of the historic
residence located at 205 W. Main Street. We are also providing the proposed
elevations of the historic resource. The existing elevations are unchanged with the
exception of the removal of a non-historic addition at the rear southeast corner
of the structure. We are also providing photographs of the non-historic shed that
is also requested for removal.
The applicant is committed to repair and retain all exterior materials based on
field inspection with historic preservation staff. The applicant is also committed to
identify and complete up to three restoration actions, based on field inspection
by historic preservation staff. One of these actions will be the removal of the non-
historic addition and restoring the original building exterior envelope. Others may
be determined by field inspection.
A landscape restoration to the existing right-of-way along First Street will include
the removal of head-in off street gravel parking. This would be replaced by a
sidewalk and landscaped parkway with street trees as designated by the Parks
Department. Any replacement parking would be provided off of the alley
adjacent to the property.
Contents
1. Existing floor plans
2. Existing photo and proposed elevation
3. Photographs of the non-historic shed to be removed.
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205 W. Main Street / HPC Minor Development
(PID# 273512454003)
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205 W. Main Street / HPC Minor Development
(PID# 273512454003)
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205 W. Main Street / HPC Minor Development
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205 W. Main Street / HPC Minor Development
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205 W. Main Street / HPC Minor Development
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Members of the Historic Preservation Commission
A licant reg nests this Historic Resource be relocated from its resent site to the northeast corner of the 7500 s ft
lot .The present site is approximately a 22 foot set back from Main Street (dimension not shown on survey) and 15.2
feet (shown on survey) set back from First.
A iicant re nests the Historic Resource be relocated with a 10 foot setback on Mta
=elocatiion
fosetback on First. This is a material relocation being 12 feet closer to Main and 10 feet closer to Firsof 22 feet from the
present location.
We do not Oppose relocation but rather r luest HPC CONSIDER sli htly altering -the amount of relocation . In
accordance with Guideline 9.2 which directs consideration of the historic district and adjacent structures, the front yard
should be increased to maintain the historic character of the neighborhood, district and the adjacent structures. We
believe a more appropriate setback from Main is 16 to 17 feet, which is consistent with other Historic Resources in the
neighborhood.
Staff memo states there is only one (1) historic landmark in the block face, and therefore it is not important to relate to
the adjacent setback of 211 West Main. We would submit that HPC should relate the front setback of 205 to 211 West
Main, the immediate neighbor to the west, which has a 16'4" front setback. Creating a strong relationship between 211
and 205 directly supports and enhances the Main Street Historic District. Moving 205 to a 10 foot setback erodes the
character defining front setbacks along Main. There is an opportunity to strengthen this relationship by providing a
front yard of 16 to 17 feet which complies with 26.415.090.C.1, 2 and 4 and mirrors the front setback of 211 West Main
which is the adjacent historic resource.
Additionally, directly east of the subject, the next two historic structures at 135 and 125 West Main will appear to be in
line with 211 West Main with 16 to 17 foot front setbacks from Main. There are 4 historic structures in a row on Main.
125 and 135 Main with a 16 to 17 foot front set back, 205 with a 22 foot setback and 211 main with a 16' 4" foot set
back.
The relocation of 205 should adopt a front setback compatible with these 3 other contiguous historic structures which is
16 to17 feet.
A larger front setback for historic residential properties sets them apart from historic commercial and other non -historic
buildings along the historic corridor and is in keeping with the historic development patterns.
We would observe that pushing a building to the front setback does not automatically mean it has more street presence
as noted in the staff memo as a reason to relocate. This is a corner lot that already has street presence. The
prominence and respect of the Historic Resource would be improved by continuity of the setback (16 to 17 feet) with
the other contiguous three historic resources.
We are aware that the new Code does not allow HPC to deny relocation. However HPC should determine that the design
guidelines are met and development rights are allowed. That does not mean relocation is to achieve maximum floor
area and density for any additional buildings.
REQUEST
We respectfully request that HPC increase the requested 10 foot front setback to 16 to17 feet to maintain the historic
character of the historic district and to relate to the adjacent historic structures at 211 West Main and the other two
historic structures across First being 135 and 125 Main.
Thank you
David Scruggs
212 West Hopkins
And on behalf of other neighbors who could not attend this in -person meeting
Members of the Historic Preservation Commission and/or Administrative review.
In prior applications for 205 West Main the following statement was made in the Staff
report:
Engineering requires a conceptual drainage plan and notes that "there is limited space
for drainage and stormwater and those aspects should be considered in the design
early in the project planning." Dry wells were proposed in the front yard of the
property and in the city right of way where a sidewalk is required on First Street.
A current request by applicant to move the historic resource so that there is only a 10
foot setback from Main limits the ability to adequately address a drainage plan as
specified above.
The end of the alley at First Street does not adequately drain — it is a swamp in the
summer and an ice rink in the winter due to the grade sloping south from Main
Street and north from West Hopkins, and pooling at the end of this alley. This
condition should be addressed in any civil and grading work to avoid water damage
in the lower level of the rear housing unit, and to ensure housing residents can safely
enter and exit the property in their vehicles, on foot, or on bicycles.
These are significant items that need to be addressed before the site plan and
massing are approved by HPC and or through administrative review.
While we understand the desire to expedite an affordable housing project,
addressing these issues during your initial design review avoids approving a project
that jeopardizes city infrastructure and conflicts with other city goals.
Thank you
David Scruggs
212 W Hopkins Ave
And on behalf of other neighbors who could not attend this in person meeting