HomeMy WebLinkAboutLand Use Case.HP.333 W Bleeker St.HPC001-00
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CASE NUMBER HPC001-00
PARCEL ill # 2735-124-41001
CASE NAME Riggs Significant HPC
PROJECT ADDRESS 333 W. Sleeker
PLANNER Amy Guthrie
CASE TYPE Significant HPC
OWNER/APPLICANT Riva Partners L.P,
REPRESENTATIVE Mary Holley
DATE OF FINAL ACTION 3/8/00
CITY COUNCIL ACTION
PZ ACTION HPC Reso, #3-2000
ADMIN ACTION Approved
BOA ACTION
DATE CLOSED 6/18/02
BY J, Lindt
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26,304,070, "Development Orders", and Section 26,308,010, "Vested Property Rights",
of the City of Aspen Municipal Code, This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304,075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308,010, After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below,
Riva Partners L.P., n17 Main St., Ste. 5200, Dallas, TX 75201
Property Owner's Name, Mailing Address and telephone number
333 W. Bleeker Street of the City and Townsite of Aspen, ParcellD# 2735-124,41-001
Legal Description and Street Address of Subject Property
Significant HPC Approval
Written Description ofthe Site Specific Plan andlor Attachment Describing Plan
Historic Preservation Commission Resolution #3-00, 3/8/00
Land Use ApprovaI(s) Received and Dates (Attach Final Ordinances or Resolutions)
March 24, 2000
Effective Date of Development Order (Same as date of publication of notice of approvaL)
March 25, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308,010 of the City of Aspen
Municipal Code,)
Issued this 24th day of March, 2000, by the City of Aspen Community
D yelopment Director,
e Ann Woods, Community Development Director
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PUBLIC NOTICE
Of
DEVELOP:MENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: 333 West Bleeker Street of the City and Townsite of
Aspen, by resolution of the Historic Preservation Commission numbered 13, series of
2000, For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept.130 S, Galena St, Aspen, Colorado (970) 920-5090,
City of Aspen Account
Publish in The Aspen Times on March 24, 2000
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MEMORANDUM
TO:
Aspen Historic Preservation Commission
Julie Ann Woods, Community Development Director~
Joyce Ohlson, Deputy Planning Director.,JAO l
THRU:
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
333 W. Bleeker Street- Final Review, PUBLIC HEARlNG
DATE:
March 8, 2000
SUMMARY: This property is a locally designated landmark and is listed on the
National Register of Historic Places, The applicants request HPC approval to make
minor modifications to the house and carriage house, and to construct a one story
addition.
APPLICANT: Riva Partners, L.P" representeq by Mary Holley, architect.
LOCATION: 333 W. Bleeker Street, Lots A, B, and C, Block 44, R-6 zone district.
SIGNIFICANT DEVELOPMENT (CONCEPTUAL)
No approval for any development in the "H," Historic Overlay District, or involving
historic landmarks shall be granted unless the Historic Preservation Commission finds
that all of the following standards (Section 26.415,OlO,C,5) are met:
a, The proposed development is compatible in general design, scale, site plan,
massing and volume with designated historic structures located on .the parcel
and with development on adjacent parcels when the subject site is in an "H,"
Historic Overlay District, or is adjacent to an historic Iandmark.. For historic
landmarks where proposed development would extend into front yard, side
yard and rear yard setbacks, extend into the minimum d.istance between
buildings on the lot, exceed the allowed floor area by up to five hundred (500)
square feet, or exceed the allowed site coverage by up to five (5) percent, the
Historic Preservation Commission may grant necessary variances after
making a finding that such variation is more compatible in character with
the historic landmark and the neighborhood than would be development in
accord with dimensional requirements. In no event shall variations pursuant
to this Section exceed those variations allowed under Section
26.520.040(B)(2), for detached accessory dwelling units.
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Response: The project entails modest changes to the existing historic structures and the
construction of a new one story addition, No basement will be dug below the historic
buildings, allowing them to maintain their original foundations,
Historic House
On the historic house, the proposed alterations are as follows, On the south elevation, a
non-historic fixed window in the gable end is to be replaced with a smaller window, and
existing french doors are to be replaced with new doors, A small addition on the back of
the house will be altered as it becomes part of the connector to the new construction,
Much of its roof and south wall will be removed.
On the east side, existing sliding glass doors are to be replaced with a french door in the
same opening, A gas fireplace on the second floor is proposed to be vented out the east
wall.
The historic house will be re,roofed with wood shingles, and flues for mechanical
equipment and the living room fireplace will be grouped together,
Overall, the proposed changes are very minor. Staff's only recommendations are that the
master bedroom fireplace vent through the roof, to avoid adding an incompatible feature
on the wall and that information on all other venting locations be provided for review and
approval by staff and monitor when the information is available. The drawings do
indicate meter boxes on the west wall, Staff is unsure whether the boxes are located there
now, but if possible they should be located in a less conspicuous area not on the historic
structures.
Standard HPC conditions of approval will be placed on the project noting that no exterior
materials other than those indicated on the approved drawings may be removed or
modified without prior approval from staff and monitor,
Carria~e House
No changes are indicated for the carriage house other than where the new addition
connects to it on the east wall. The drawings show the east wall of the carriage house left
intact except for a door penetration,
Addition
Staff has no concerns with the addition, It has been placed in the area which has the least
visibility from streets, it is only one story in height, and it is simply detailed and
respectful of the historic architecture,
Landscape plan
A landscape plan was required as a condition of conceptual approval, Staff has several
concerns with the proposal, First, the design of any new fencing on the property will
require approval. Fences may not be more than 42" in height anywhere in front of the
street facing walls of the historic structures, Second, staff is concerned about the thick
hedgerow proposed to run along the fence since this will make what was an open fence
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more of a wall, Third, there are hedges proposed all along the base of the historic
structures, This is not a traditional planting pattern for these structures and invites
problems by shading the foundation. Additionally, it will block the visibility of the
original sandstone foundation, which is not appropriate, Similarly, staff is concerned
with the amount of plant beds around the historic buildings, Introducing a lot of water
for the plants in this area is detrim~ptal to the building, The proposed bollards at the
entry onto the site are not relevant to the historic character of the property, and the three
new aspen trees on the north-east comer of the old house will block views of the
building, introduce shading issues, and are not compatible with the historic landscape
existing on the property,
b. The proposed development reflects and is consistent with the character of the
neighborhood of the parcel proposed for development.
Response: All of the structures on th.e opposite side of the alley from this building are
designated historic landmarks and are large houses with relatively few changes made to
them, The proposed project is appropriate in scale and design for this neighborhood,
c. The proposed development enhances or does not detract from the historic
significance of designated historic structures located on the parcel proposed
for development of:idjacentparcels.
Response: The proposed development does not detract from the historic significance of
this site, which is listed on the National Register of Historic Places due to its architectural
merit.
d. The proposed development enhances or does not diminish or detract from
the architectural character and integrity of a designated historic structure or
part thereof.
Response: As discussed above, the new additions are appropriate to the scale and design
of the historic resources, '
ALTERNATIVES: The HPC may consider any of the following alternatives:
. Approve the application as submitted,
. Approve the application with conditions tobe met prior to final review,
. Table action to allow the applicant further time for restudy,
recommendations sho)1ld be offered,)
(Specific
. Deny approval finding that the application does not meet the Development Review
Standards.
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RECOMMENDATION AND RECOMMENDED MOTION: Staff recommends that
HPC grant final approval for the project at 333 W, Bleeker Street, with the following
conditions:
1, The HPC granted the following variances at conceptual review: a 7 foot rear yard
--- setback variance, an 8 foot combined front and rear yard setback variance, and a 5 foot
east sideyard variance for a lightwell, and a 240 square foot floor area bonus,
2, The master bedroom fireplace must vent through the roof, to avoid adding an
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incompatible feature on the walL
3, Information on all venting locations not described in the approved drawings shall be
provided for review and approval by staff and monitor when the information is
available,
j,., If possible, the meter boxes on the west wall of the house should be located in a less
conspicuous area not on the historic structures,
5. The new flagstone patio on the east side of the house shall not be tied directly into the
sandstone foundation on the house,
6, The design of any new fencing on the property will require approvaL Fences may not
be more than 42" in height anywhere in front of the street facing walls of the historic
structures,
7, Eliminate the hedgerow proposed to run along the fence since this will make what
was an open fence more of a walL
8, Eliminate the hedges proposed all along the base of the historic structures,
9, Reduce the amount of plant beds around the historic buildings,
10, Eliminate the bollards at the entry onto the site,
iI, Eliminate the three new aspen trees on the north-east corner of the old house,
12. Submit a demolition plan, as part of the building permit plan set, indicating exactly
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what areas of the historic house are to be removed as part of the renovation,
13, Submit a preservation plan, as part of the building permit plan set, indicating how the
--- existing materials, which are to be retained, will be restored, The requirement is to
retain/repair all original materials and replicate only those that are determined by HPC
staff and monitor to be beyond salvage,
14, No elements are to be added to the historic house that did not previously exist. No
- existing exterior materials other than what has been specifically approved herein may be
removed without the approval of staff and monitor,
D~HPC staff and monitor must approve the type and location of all exterior lighting
fixtures,
16, There shall be no deviations from the exterior elevations as approved without first being
-'reviewed and approved by HPC staff and monitor, .
17, The preservation plan described above, as well as the conditions of approval will be
,._~ required to be printed on the cover sheet of the building permit plan set and all other
prints made for the purpose of construction,
lJ,~The applicant shall be required to provide the contractor with copies of the HPC
. resolution applicable to this project. The contractor must submit a letter addressed to
HPC staff as part of the building permit application indicating that all conditions of
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approval are known and understood. and Illpstlllee\ .Fiti1.ti1.e. Historic.. 'Pres~J:V\ltion
Officer prior to applying for the building permit
19, The General Contractorand/()r$uperintendent shall be required to obtain a specialty
,- license in historic preservation prior to receiving a building permit
20, All representations made by the applicant in the application and during public
,-- meetings. with t4e Historic Preservation commission, shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions,
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Exhibits: \ \ +'" H'fv
Resolution No, --' Series of2000
A. Staff memo dated March 8, 2000
B. Application,
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RESOLUTION OF THE ASPEN mSTORIC PRESERVATION COMMISSION
APPROVING AN APPLICATION FOR FINAL DEVELOPMENT FOR333 W.
BLEEKER STREET, LOTS A, B, AND C, BLOCK 44, CITY AND TOWNSITE
OF ASPEN, COLORADO
PARCEL ID #2735-124-41-001
RESOLUTION NO. , SERIES OF 2000
WHEREAS, the applicant, Riva L.P" represented by Mary Holley, has requested final
approval for the property at 333 W. Bleeker Street, Lots A, B, and C, Block 44, City and
Townsite of Aspen. The project involves making minor modifications to the existing
historic structures and creating a one story addition to the buildings; and
WHEREAS, all development in an "H," Historic Overlay District or development
involving a historic landmark must meet all four Development Review Standards of
Section 26,415,OI0.C.5 of the Aspen Land Use Code in order for HPC to grant approval,
namely:
1. Standard: The proposed development is compatible in general design, massing
and volume, scale and site plan with designated historic structures located on the
parcel and with development on adjacent parcels when the subject site is in a "H,"
Historic Overlay District or is adjacent to an Historic Landmark. For Historic
Landmarks where proposed development would extend into front yard, side yard and
rear yard setbacks, extend into the minimum distance between buildings on the lot or
exceed the allowed floor area by up to five hundred (500) square feet or the allowed
site coverage by up to five (5) percent, HPC may grant such variances after making a
finding that such variation is more compatible in character with the historic landmark
and the neighborhood, than would be development in accord with dimensional
requirements. In no event shall variations pursuant to this section exceed those
variations allowed under the Cottage Infill Program for detached accessory dwelling
units pursuant to Section 26.40,090(B)(2),
2, Standard: The proposed development reflects and is consistent with the character
of the neighborhood of the parcel proposed for development.
3, Standard: The proposed development enhances or does not detract from the
historic significance, of designated historic structures located on the parcel
proposed for development or on adjacent parcels,
4. Standard: The proposed development enhances or does not diminish from the
architectural character or integrity of a designated historic structure or part thereof;
and
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WHEREAS, HPC granted conceptual approval, partial demolition approval, residential
design review approval, and made a finding that "The Secretary of the Interior's
Standards for Rehabilitation" were met onJMl:llIry 12,2000, and
WHEREAS, Amy Guthrie, in her staff report dated March 8, 2000, performed an
analysis of the application based ,on the final review stMdafgs, found favorably for the
application, and recommended approval with conditions; and
WHEREAS, at their regular meeting on March 8, 2000, the Historic Preservation
Commission considered the application, found the application to meet the standards, and
approved the application with conditions by a vote of _ to _.
THEREFORE, BE IT RESOLVED:
That the review standards are met Md .HPCfin<iLapproval for 333 W, Bleeker Street,
Lots A, B, and C, Block 44, City and Townsite of Aspen, as presented at the March 8,
2000 meeting, as follows:
I. The HPC granted the following variances at conceptual review: a 7 foot rear yard
setback variMce, an 8 foot combined front. Md rear yard setback variance, and a 5 foot
east sideyard variance for a lightwell, and a 240 square foot floor area bonus,
2, The master bedroom fireplace must vent through the roof, to avoid adding an
incompatible feature on the wall.
3. Information on all venting locations not described in the approved drawings shall be
provided for review and approval by staff and monitor when the information is
available,
4. If possible, the meter boxes on the west wall of the house shollld be. located in a less
conspicuous area not on the historic structures,
5, The new flagstone patio on the east side of the house shall not be tied directly into the
sandstone foundation on the house,
6, The design of any new fencing on the property will require approval, Fences may not
be more than 42" in height anywhere in front of the street facing walls ofthe historic
structures,
7. Eliminate the hedgerow proposed to run along the fence since this will make what
was an open fence more of a wall.
8, Eliminate the hedges proposed all along the base of the historic structures,
9, Reduce the amount of plant beds around the historic buildings,
10, Eliminate the bollards at the entry onto the site,
11, Eliminate the three new aspen trees on the north-east corner of the old house,
12, Submit a demolition plan, as part of the building permit plan set, indicating exactly
what areas of the historic house are to be removed as part of the renovation,
13, Submit a preservation plan, as part of the building permit plan set, indicating how the
existing materials, which are to be retained, will be restored, The requirement is to
retain/repair all original materials and replicate only those that are determined by HPC
staff and monitor to be beyond salvage,
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14, No elements are to be added to the historic house that did not previously exist, No
existing exterior materials other than what has been specifically approved herein may be
removed without the approval of staff and monitor.
15. HPC staff and monitor must approve the type and location of all exterior lighting
fixtures,
16, There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor.
17, The preservation plan described above, as well as the conditions of approval will be
required to be printed on the cover sheet of the building permit plan set and all other
prints made for the purpose of construction,
18, The applicant shall be required to provide the contractor with copies of the HPC
resolution applicable to this project. The contractor must submit a letter addressed to
HPC staff as part of the building permit application indicating that all conditions of
approval are known and understood and must meet with the Historic Preservation
Officer prior to applying for the building permit.
19, The General Contractor and/or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit.
20, All representations made by the applicant in the application and during public
meetings with the Historic Preservation commission shall be, adhered to and
considered conditions of approval, unless otherwise amended by other conditions,
APPROVED BY THE COMMISSION at its regular meeting on the 8th day
of March, 2000.
Approved as to Form:
David Hoefer, Assistant City Attorney
Approved as to Content:
mSTORIC PRESERVATION COMMISSION
Suzannah Reid, Chair
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.. ATTEST:
Kathy Strickland, Chief Deputy Clerk
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Mar~ A A~ian Architects, r.c
MEMORANDUM
To:
From:
Amy Guthrie, Historical Preservation Officer, City of Aspen
Mary A A Holley
Leonard Riggs
02/23/00
333 West Bleeker Final Review
CC:
Date:
Re:
Please find enclosed the materials required for final review of the Addition and Remodel of 333
W. Bleeker, The project has changed a bit since the conceptual review to better meet the needs of
the clients and to reflect the comments of the HPC. I feel that the project has improved with
these changes and that they also help to further differentiate the historic structure from the new
structure,
As requested during the conceptual review meeting, I have included a landscape plan designed by
Greg Mozian and Associates. Some of the significant features of the landscape plan are the hedge
and wrought iron fence on the front and side of the property and the brick patio in the backyard,
The intent of the fence is to give the property a sense of closure without cutting it off from Third
and Bleeker Stteets, The hedge behind the fence is intended to be three feet tall at its maximum
height and serves only to screen the winter sludge from the vie';" of the house, Closer to the
house, we have added some planting beds in a strictly geometric form to replicate the treatment
that was typical of the era, These beds will contain flowers, groundcovers, and other low and
colorful plantings, They will use sandstone as a border to help tie them into the foundation, The
parking area on Third Street will consist of gravel with a sandstone border, Unfortunately, grass
over a driveable surface degrades quickly with any kind of frequent use and turned out to be an
impractical solution, Gravel will keep some of the sofr edges of grass while the edging will keep it
from taking over a larger part of the yard,
The backyard sees the inclusion of a brick terrace, The brick pavers are intended to be set in sand
so that some natural settling will occur and give the terrace a bit of character. A water feature has
also been added to provide a point of focus in the back yard, There is a raised terrace outside of
both doors with some steps down to the brick terrace,
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Mar,y A A~ian Architects, r.c.
MEMORANDUM
reroute the mechanical flues so that the flue pipe on the western roof can be removed, Both the
vents for the mechanical equipment and the gas fireplace will terminate through the flat part of
the existing roof where it will have little impact on the appearance of the original structure, We
are requesting that the window on the south elevation be moved lower on the fa<;ade to better take
advantage of the view, This is the only real window change we are now requesting for the original
structure. Finally, we would like to reroof the structure with wooden shingles to replicate what
originally existed,
The addition has been further simplified in form to better differentiate it from the historic
structure, The detailing will be simple and clean, yet will acknowledge the historic structure, I
have switched to casement windows a simple mullion pattern to preserve the cleanliness of the
addition, Two of the dormers have been eliminated, which also helps to quiet the elevations,
Finally, a wrought iron guardrail around the eastern lightwell replaces the metal grate previously
shown,
The guardrail around the roof deck has been redesigned so that it is more horizontal and less
intrusive, I have removed to wooden cap and am now using a wrought iron type of railing to
ensure more transparency, Also, the railing has been simplified so that it is on two levels only: the
landing level and the deck level. This eliminates the diagonal element
The overall massing of the project has changed little from the original application. My client and I
have worked hard to make it a good neighbor and to make it compatible with the neighborhood,
The landscaping proposed is similar to other properties in the West End and helps to preserve the
historic nature of the property. The addition is quiet and unobtrusive to the historic structure.
The detailing of the addition defers to the original structure without replicating its intricacies,
I hope that I have addressed any concerns that you and the Commission may have, Please let me
know if you have any questions or comments regarding this memorandum or the enclosed
materials and I will be happy to discuss them with you,
00 Leonard Riggs
50 River Oaks Lane E:>asalt, Colorado 81621
!"hone, (970) 927-7656 Fa", (970) 927-7669
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AttACHMENT 1
LAND USE APPLICATION FORM
1, Project name f<.I~ ~~
2, Project location ~ tN, f7/"~)i~~ LOrC? ......,~~o F7l..c?c...i<' 44 &P-lblNM.
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TOWN.?;IT~ 611'=- ~
(indicate street address, lot and block number or metes and bounds description)
3, Present zoning _f-'&
4, Lot size 'i.da' C?F
5, Applicant's name, address and phone number I:;:; ~TNCf?h U?
1111 /'.t'INNt'1r. P?!A{T!; "7UO ~, T~ 1 I 'tt+'11~'uno
6, Representative's name, address, and phone number~'l' ~
0() P-1VSf< 6'~ ~i?,~,A(;f q1:.1'1~ '
7, Type of application (check all that apply):
. Conditional Use
Special Review
804.0 Greenline
"Stream Margin
Subdivision
GMQS allotment
View Plane
Lot Split/Lot Line
Adjustment
Conceptual SPA ^
Final SPA
Conceptual PUD X
Final PUD
Text/Map Amend,
GMQS exemption
Condom iniumization_
Conceptual HPC
Final HPC
Minor HPC
Relocation HPC
Historic Landmark
Demo/Partial Demo
Design Review
Appeal Committee
8. Description of eXisting uses (number and type of existing structures,
approximate sq, ft" number of bedrooms, any previous approvals granted to the
property)~ Hi71WO~~',~ ~~ ~
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9, Description of development application ,..., 6'/'lG~ APo'~a-J w~~~
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10, Have you completed and attached the following?
-:i:.- Attachment 1- Land use application form
)<. Attachment 2- Dimensional requirements form
....:&. Response to Attachment 3
$ Response to Attachment 4
Tuesday, May 16,20004:54 PM
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Mary AA Holley 927,7669
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Mary A A~ian Architects, F,C.
Amy Guthrie
Historic Preservation Officer
City of Aspen
May 15, 2000
Re: 333 West Bleeker
Dear Amy,
I am writing this letter to clarify the work intended for 333 West Bleeker this summer. As we
discussed on the phone, Leonard Riggs does not intend to proceed with the addition this summer,
but would rather occupy the house first. In order to do so he feels that there are some repairs that
need to be done, None of the repairs that are proposed are in conflict with the approvals in place
for the project.
The proposed work is as follows:
L Replace the existing sliding g!as.s door on the Main Level with a new Pella wood French door,
The size will be the same as the existing door.
2, Add openers to the carriage doors.
3, Repaint the interior.
4, Add new carpet in the interior,
5, Replace and change cabinetry in the Kitchen,
6, Replace the plumbing fixtures with new fixtures,
There are a few mote interior items that will be done as well, but as you can probably tell, the
intent is to paint, carpet, and generalIy spruce up the inside of the house. The Riggs anticipate
being in the house on July 1, so the scale of the work has by necessity been cut back,
As for the exterior of the house, the contractor will reattach and repair trim as necessary for the
July 1 occupancy date, The house is in need of repainting, and we anticipate thar will happen
beginning in September, During that time, any major repairs that are needed will be done to the
exterior of the house, We will be in contact with the H,P,C, should any item come up about
which we have questions or that requires approvaL
50 R.iver Oaks Lane E:>asalt, Colorado B I 62.1
Fhone, C$70) 9Z7-76,6 Fa", C$7o) 9Z7-7669
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Tuesday, May 16, 2000 4:54 PM
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Mary AA Holley 927,7669
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Leonard Riggs would like to proceed with the addition at some point in the near future, but is
unsure exactly when it would be most advanlllgeous to do so, When the construction schedule is
set, I will definitely let you know, The earliest that construction would start would be this fall.
I hope that this helps to clarify the sllltus of the project and answer any questions you may have,
If you need any additional information, please let me know and I will be happy to discuss your
concerns,
Sincerely,
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President
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Joe Zanin Construction, Inc.
210 AABC Suite MM
Aspen, CO 81611
925-2391
April 12, 2000
Aspen/Pitkin Community Development
Historic Preservation Commission
130 S. Gelena Street
Aspen, Colorado
ATTN.: Amy Guthrie
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Dear Amy,
This letter is written to verify that Zanin Construction and myself
have read and understand the conditions.fortl1e approval by the
Historic Preservation Commission, The.r~sol.ution. of. the HPC for the
Final Development for 333 West Bleeker Street, Lots A, B, and C,
Block 44, City and Town site of Aspen, Colorado.
I would be glad to sit down,at your convenience to review this
resolution. Please let me know if there is anything else you need from
us.
Thank you for your patience in this matter.
s~~
~~
Project Manager
Joe Zanin Construction Co.
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MEMORANDUM
TO:
Aspen Historic Preservation Commission
THRU:
Julie Ann Woods, 'Community Development Director
Joyce Ohlson, Deputy Planning Director ~
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
333 W, Bleeker Street- Conceptual review, Partial Demolition, Variances,
and Residential Design Standards, PUBLIC HEAR1NG
DATE:
January 12,2000
, . .... . .^....."......'^........ ............". "'0
======================-~~==============~==================~=
SUMMARY: This property is a locally designated landmark and is listed on the
National Register of Historic Places, The applicants request HPC approval to make
minor modifications to the house and carriage house, and to construct a one story
addition,
APPLICANT: Riva Partners, L.P., represented by Mary Holley, architect.
LOCATION: 333 W, Bleeker Street, Lots A, B, and C, Block 44, R-6 zone district.
SIGNIFICANT DEVELOPMENT (CONCEPTUAL)
No approval for any development in the "H," Historic Overlay District, or involving
historic landmarks shall be granted unless the Historic Preservation Commission, finds
that all of the following standards (Section 26.415,OlO,C.5) are met:
a. The proposed development is compatible in general design, scale, site plan,
massing and volume with designated historic structures located on the parcel
and with development on adjacent parcels when the subject site is in an "H,"
Historic Overlay District, or is adjacent to an historic landmark. For historic
landmarks where proposed development would extend into front yard, side
yard and rear yard setbacks, extend into the minimum distance between
buildings on the lot, exceed the allowed floor area by up to five hundred (500)
square feet, or exceed the allowed site coverage by up to five (5) percent, the
Historic Preservation Commission may grant necessary variances after
making a finding that such variation is more compatible in character with
the historic landmark and the neighborhood than would be lIevelopmerinn
accord with dimensional requirements. In no event shall variations pursuant
to this Section exceed those variations allowed under Section
26.520.040(B)(2), for detached accessory dwelling units.
/",
1\
Response: The project entails modest changes to the existing historic structures and a
new one story addition, No basement will be dug below the historic buildings, allowing
them to maintain their original foundations,
On the historic house, the proposed alterations are as follows. On the south elevation, a
non-historic fixed window in the gable end is to be changed to an operable window, and
existing french doors are to be replaced with new doors, On the east side, a non-historic
window is to be replaced with a larger window which is in character with the proportions
and design of the historic windows on the rest of the house, and existing sliding glass
doors are to be replaced with a three panel wood french door. The. new door will be
moved three feet to the north of the existing opening, and enlarged by two feet.
Staff has no concerns with the modifications on the south fayade, On the east fayade, the
proposed new window is compatible with the existing ones and is acceptable. The french
doors are more compatible in materials and proportions than the existing aluminum
sliding doors, but staff recommends the HPC discuss limiting their width to two panels in
order to minimize the wall area that is removed and to be more in keeping with the solid
to void patterns established on the rest of the house, Note .that the french doors will
access a new flagstone patio along the east side of the building, The foundation should
not be tied directly into the sandstone foundation on the house,
The applicant requests that the changes described above be separated out from thereview
process and approved as "minor" so that they can submit for building permit on a
remodel of just the historic house as soon as possible, Staff has no concerns with this
request once a conclusion is reached on the design of the east side french doors,
No changes are proposed to the carriage house, other than where the new addition will
meet it along the east side, It will continue to function as a garage, with the existing
doors mounted to an overhead door system,
The new addition is one story, plus a basement, It includes a connector that joins the old
house and carriage house together, and a wing which runs along the south lot line, The
general location and height of the new construction is controlled by covenants placed on
the sale of the property, Ruth Whyte, the neighbor to the east, donated this property to
the Aspen Historical Society to sell, but made certain conditions to preserve the
enjoyment of her home, She attended an HPC worksession in May 1999 to determine
where this board would recommend that a new addition should be located, and those
suggestions were made part of the sale,
In orcier to accommodate the new owner's program in the area where they are allowed to
build, three variances are needed; a 7 foot rear yard setback variance, an 8 foot combined
front and rear yard setback variance, and a 5 foot east sideyard variance for a lightwell.
Additionally, the applicant requests a 240 square foot floor area bonus to allow them to add
a total of 1,180 square feet on the site, The bonus and variances may be justified by the fact
that the lot is 9,000 square feet, the addition is set to the side and rear of the original house
and carriage house, the addition is compatible in scale and design with the historic
2
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, ."j
structures, an outbuilding is being preserved, and neither historic building is being lifted for
excavation of a basement.
Staff has few concerns with the project. One issue is with the age of the rear porch, which is
being essentially demolished except for the west wall, It appears that the footprint of this
element is on the 1904 Sanbome maps, This is discussed more fully under the partial
demolition review standards, below,
While materials will be addressed more fully at final review, staff finds that the wide
exposure proposed for the siding on the new pieces of the project may not suit the scale of
the historic buildings and that other materials or a different detailing of the wood siding
should be considered,
Staff suggests that the gravel drive/walk on the west side of the building be vacated and
returned to grass, and that the HPC set conditions on final approval that address
appropriate landscaping on the site, preservation of the historic ditch, and the design of
the new fence,
b. The proposed development reflects and is consistent with the character of the
neighborhood ofthe parcel proposed for development.
Response: All of the structures on the opposite side of the alley from this building are
designated historic landmarks and are large houses with relatively few changes made to
them.' The proposed project is appropriate in scale and design for this neighborhood,
c. The proposed development enhances or does not detract from the historic
significance of designated historic structures located on the parcel proposed
for development or adjacent parcels.
Response: The proposed development does not detract from the historic significance of
this site, which is listed on the National Register of Historic Places due to its architectural
merit.
d. The proposed development enhances or does not diminish or detract from
the architectural character and integrity of a designated historic structure or
part thereof.
Response: As discussed above, the new additions are appropriate to the scale and design.
of the historic resources, Staff has suggested only minor modifications to the project be
considered to improve that relationship,
3
,"-
(\
THE SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION
Because this property is listed on the National Register of Historic Places, the HPC is
required under Section 26.420,080 to make a determination that the following standards
are met:
A. Every reasonable effort shall be made to provide a compatible use for a
property which requires minimal alteration of the building, structure, or site and its
environment, or to use the property for its originally intended purpose.
Response: The building remains in residential use.
B. The distinguishing original qualities or character of a building, structure, site
or its environment shall not be destroyed. The removal or alteration of any historic
material or distinctive architectural features should be avoided when possible.
Response: On the east elevation, some original materials may be affected to create the
larger window opening and french doors. The architect has suggested that some of the
original siding has been replaced, but removal of any more original materials shall be
limited,
Most of the south wall of the rear porch on the house will be removed to make the new
connection, and the original east wall of the carriage house will be covered (though not
demolished) by a new garage stall off of the alley,
C. All buildings, structures, and sites shall be recognized as products of their
own time. Alterations that have no historical basis and which seek to create an
earlier appearance shall be discouraged.
Response: The project meets this standard,
D. Changes which may have taken place in the course of time are evidence of
the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
Response: The building has been remodeled somewhat, particularly where the rear
section of the roof was raised in the 1970's, No recent alterations have obtained
significance or are being affected by this proposal.
E. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
Response: The contractor will be required to have a historic preservation specialty
license to insure that original materials are treated appropriately,
4
1""'1
1""'1
F. Deteriorated architec.tural features shall be repaired rather than replaced,
wherever possible. In the event replacement is necessary, the new material should
match the material being replaced in composition, design, color, texture, and other
visual qualities. Repair or replacement of missing architectural features should be
based on accurate duplications of features, substantiated by historic, physical, or
pictorial evidence rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
Response: Again, the contractor exam will address these concerns,
G. The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will damage the
historic building materials shall not be undertaken.
Response: No cleaning of the building is addressed in the application,
, H. Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
Response: No information is available about potential archaeological resources on the
site, If anything is uncovered during excavation, the contractor should photograph the
area and call the Historic Preservation Officer,
I. Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not destroy
significant historical, architectural or cultural material, and such design is
compatible with the size, scale, color, material, and character of the property,
neighborhood, or environment.
Response: The proposal is for an addition which is modest and will be distinguished
from the old construction by some differentiation of materials,
J. Whenever possible, new additions or alterations to structures shall be done
in such a manner that if such additions or alterations were to be removed in the
future, the essential form and integrity of the structure would be unimpaired.
Response: The east wall of the carriage house will remain intact as part of the remodel.
The rear porch on the old house will have wall and roof surface removed,
PARTIAL DEMOLITION
N o approval for partial demolition shall be granted unless the Historic Preservation
Commission finds all of the following standards are met:
5
~,
a. The partial demolition is required for the renovation, restoration or
rehabilitation of the structure, or the structure does not contribute to the
historic significance of the parcel.
Response: The proposed partial demolition involves removing or altering all but the
west wall of the rear porch on the old house, It is removed in order to make a link to the
new construction and to provide additional living space. The alternative would be to
. make the connector narrower, like a hallway, This would severely constrain the ability to
have a second floor deck on the connector, and would still require demolition of some of
the rear porch,
b. The applicant has mitigated, to the greatest extent possible:
(1) Impacts on the historic significance of the structure or structures
located on the parcel by limiting demolition of original or significant
features and additions.
Response: Although an area of historic construction will be demolished, staff finds that
it is minimal in comparison to what is preserved on the site.
(2) Impacts on the architectural character or integrity of the structure or
structures located on the parcel by designing new additions that are
compatible in mass and scale with the historic structure.
Response: This issue is discussed above, under the conceptual review standards,
RESIDENTIAL DESIGN STANDARDS
All residential development in the City of Aspen requiring a building permit from the
City of Aspen, except for residential development within the R-15B zone district, shall
comply with the residential design standards as specified in by the Administrative
Checklist unless otherwise granted a variance by the Design Review Appeal Board as
established in Chapter 26,222 or unless granted a variance through some other required
review process by the Historic Preservation Commission, the Board of Adjustment or the
Planning and Zoning Commission,
Response: All areas of new construction are in compliance with the "Residential Design
Standards,"
ALTERNATIVES: The HPC may consider any of the following alternatives:
. Approve the application as submitted,
. Approve the application with conditions to be met prior to final review,
6
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· Table action to allow the applicant further time for restudy,
recommendations should be offered,)
(Specific
· Deny approval finding that the application does not meet the Development Review
Standards,
RECOMMENDATION AND RECOMMENDED MOTION: Staff recommends that
HPC grant conceptual review, partial demolition, variances, and "Residential Design
Standards" approval with the following conditions: +z,v '3 b'b vJ ,~ '
I, The modifications on the south side of the historic house and the window change on
the east side are approved and may be submitted for building permit as minor
changes, The change from sliding glass doors to french doors on the east side of the
house is also approved, with the condition that the doors be only two panels wide and
a revised drawing be submitted for the board to approve,
2, Th,e new flagstone patio on the east side of the house shall not be tied directly into the
sandstone foundation ,on the house, ~ BJoovs
3. The HPC grants the following variances: a 7 foot rear yard setback variance, an 8 foot
combined front and rear yard setback variance, and a 5 foot east sideyard variance for a
lightwell, and a 240 square foot floor area bonus, ,
4. Restudy the siding material on the new construction, s\v\\:.0
5, Eliminate the gravel drive/walk on the west side of the building(the one that does not
serve the garage), A narrower walkway may be built, but the area should otherwise
be returned to grasSUu<7tJe.v \~~lVlq / OI,v".y;scv~
6, Provide a landscape plan for final review, including ~ervation of the historic ditch
and a design for the proposed new fencing,
7, All representations made by the applicant in the application and during public
meetings with the Historic Preservation Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions,
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Exhibits:
Resolution No. , Series of2000
A. Staff memo dated January 12,2000
B, Application,
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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING AN APPLICATION FOR CONCEPTUAL DEVELOPMENT,
PARTIAL DEMOLITION, VARIANCES, AND RESIDENTIAL DESIGN
STANDARDS REVIEW FOR A 333 W. BLEEKER STREET, LOTS A, B, AND C,
BLOCK 44, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. _, SERIES OF 2000
WHEREAS, the applicant, Riva L.P" represented by Mary Holley, has requested
conceptual design approval, partial demolition, variances, and "Residential Design
Standards" approval for the property at 333 W. Bleeker Street, Lots A, B, and C, Block
44, City and Townsite of Aspen, The project involves making minor modifications to the
existing historic structures and creating a one story addition to the buildings; and
WHEREAS, all development in an "H," Historic Overlay District or development
involving a historic landmark must meet all four Development Review Standards of
Section 26.415,OI0,c'5 of the Aspen Land Use Code in order for HPC to grant approval,
namely:
1, Standard: The proposed development is compatible in general design, massing
and volume, scale and site plan with designated historic structures located on the
parcel and with development on adjacent parcels when the subject site is in a "H,"
Historic Overlay District or is adjacent to an Historic Landmark. For Historic
Landmarks where proposed development would extend into front yard, side yard and
rear yard setbacks, extend into the minimum distance between buildings on the lot or
exceed the allowed floor area by up to five hundred (500) square feet or the allowed
site coverage by up to five (5) percent, HPC may grant such variances after making a
finding that such variation is more compatible in character with the historic landmark
and the neighborhood, than would be development in accord with dimensional
requirements. In no event shall variations pursuant to this section exceed those
variations allowed under the Cottage Infill Program for detached accessory dwelling
units pursuant to Section 26.40,090(B)(2).
2, Standard: The proposed development reflects and is consistent with the character
of the neighborhood of the parcel proposed for development.
3, Standard: The proposed development enhances or does not detract from the
historic significance of designated historic structures located on the parcel proposed
for development or on adjacent parcels,
4, Standard: The proposed development enhances or does not diminish from the
architectural character or integrity of a designated historic structure or part thereof;
and
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WHEREAS, all properties listed on the National Register of Historic Places are required
under Section 26.420,080 to meet the "Secretary of the Interior's Standards for Historic
Preservation, which are:
A. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its environment,
or to use the property for its originally intended purpose.
B, The distinguishing original qualities or character of a building, structure, site or its
environment shall not be destroyed, The removal or alteration of any historic material or
distinctive architectural features should be avoided when possible,
C, All buildings, structures, and sites shall be recognized as products of their own time.
, Alterations that have no historical basis and which seek to create an earlier appearance
shall be discouraged,
D, Changes which may have taken place in the course of time are evidence of the history
and development of a building, structure, or site and its environment. These changes may
have acquired significance in their own right, and this significance shall be recognized
and respected.
E, Distinctive stylistic features or examples of skilled craftsmanship which characterize
a building, structure, or site shall be treated with sensitivity,
F, Deteriorated architectural features shall be repaired rather than replaced, wherever
possible, In the event replacement is necessary, the new material should match the
material being replaced in composition, design, color, texture, and other visual qualities,
Repair or replacement of missing architectural features should be based on accurate
duplications of features, substantiated by historic, physical, or pictorial evidence rather
than on conjectural designs or the availability of different architectural elements from
other buildings or structures,
G, The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic building
materials shall not be undertaken,
H. Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
I. Contemporary design for alterations and additions to existing properties shall not be
discouraged when such alterations and additions do not destroy significant historical,
architectural or cultural material, and such design is compatible with the size, scale, color,
material, and character of the property, neighborhood, or environment,
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J, Whenever possible, new additions or alterations to structures shall be done in such a
manner that if such additions or alterations were to be removed in the future, the essential
form and integrity of the structure would be unimpaired; and
WHEREAS, all applications for partial demolition of any structure included in the
Inventory of Historic Sites and Structures of the City of Aspen, or any structure within an
"H" Historic Overlay district, must meet all of the Development Review Standards of
Section 26.415,010 of the Aspen Land Use Code in order for HPC to grant approval,
namely:
1 ,Standard: The partial demolition is required for the renovation, restoration or
rehabilitation of the structure, or the structure does not contribute to the historic
significance of the parcel; and
2,Standard: The applicant has mitigated, to the greatest extent possible:
a.Impacts on the historic significance of the structure or structures located
on the parcel by limiting demolition of original or significant features and
additions,
b.Impacts on the architectural character or integrity of the structure or
structures located on the parcel by designing new additions so that they are
compatible in mass and scale with the historic structure; and
WHEREAS, Amy Guthrie, in her staff report dated January 12, 2000, performed an
analysis of the application based on the standards, found favorably for the application,
and recommended approval with conditions; and
WHEREAS, at their regular meeting on January 12, 2000, the Historic Preservation
Commission considered the application, found the application to meet the standards, and
approved the application with conditions by a vote of _ to _'
THEREFORE, BE IT RESOLVED:
That the review standards are met and HPC grants conceptual design approval, partial
demolition, variances, and "Residential Design Standards" approval for 333 W, Bleeker
Street, Lots A, B, and C, Block 44, City and Townsite of Aspen, as presented at the
January 12,2000 meeting, as follows:
1. The modifications on the south side of the historic house and the window change on
the east side are approved and may be submitted for building permit as minor
changes, The change from sliding glass doors to french doors on the east side of the
house is also approved, with the condition that the doors be only two panels wide and
a revised drawing be submitted for the board to approve,
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2, The new flagstone patio on the east side of the house shall not be tied directly into the
sandstone foundation on the house,
3. The HPC grants the following variances: a 7 foot rear yard setback variance, an 8 foot
combined front and rear yard setback variance, and a 5 foot east sideyard variance for a
lightwell, and a 240 square foot floor area bonus,
4, Restudy the siding material on the new construction,
5. Eliminate the gravel drive/walk on the west side of the building(the one that does not
serve the garage), A narrower walkway may be built, but the area should otherwise
be returned to grass
6, Provide a landscape plan for final review, including preservation of the historic ditch
and a design for the proposed new fencing,
7. All representations made by the applicant in the application and during public
meetings with the Historic Preservation Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
APPROVED BY THE COMMISSION at its regular meeting on the 12th day
of January, 2000.
Approved as to Form:
David Hoefer, Assistant City Attorney
Approved as to Content:
HISTORIC PRESERV A nON COMMISSION
Suzannah Reid, Chairman'
ATTEST:
Kathy Strickland, Chief Deputy Clerk
,,--..
County of Pitkin }
} 55.
State of Colorado }
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AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26.304.060 (E)
I, J::-4-r"tfC..-/N R/t7NOS'Z~ " being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to,.Section 26.304,060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid
U,S, Mail to all owners of property with three hundred (300) feet of the subject
property, as indicated on the attached list, on the ~ 3 day of U-C, ,199 j(which is Z-O
days prior to the public hearing date of JI'/I'/,IZ), (!otJO '
I
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that the said sign was posted and visible continuously
from the 'z t day of ;Pf7'- , 199 f (Must be posted for at least ten (10) full
days before the hearing date), A photograph of the posted sign is attached hereto,
I
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Signature
<
Signed before me this
VEu:7f I? c 7Z-
31 day
,I 99_by
j:::"IT/1?-t' /'I Vo ,/l1'0S' 2-LAY
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 'f / ,;:200 D
-=5a:4"
Not~k
Notary Public'
DEC-21-1999 rUE 02:03 PM
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County of Pitkin }
} 55,
State of Colorado }
FAX NO,
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P. 03
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AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26.304.060 (E)
I,~lA-e1 . being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304,060 (E) of the Aspen Land Use Regulations in the
following manner:
I, By mailing of notice, a copy of which is attached hereto, by first,c1ass, postage prepaid
U,S. Mail to all olo'fflers of property with three hundred (300) feet of the subject
property, as indicated on the attached list, on the~day of Pa;. ,199j(which is/f?
days prior to the public hearing date of I/fiJ,{ett
2.
, uous place On the subject property (as it could be seen
d that the said sign was posted and visible continuously
~
,~. (Must be posted for at least ten (10) full
A photograph of the posted sign is attached hereto,
tt
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Signatu ,
Signed before me Ihis II day
~nY\l. "Y' Y J~by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: Sf' p- f),tJD 3
It, \ M \ok:X)(~\)O,,^-~
Notary Public _ _.A i. ~ '
~ lD~~
~~ub]ic's Signature
DEO-21-1999 TUE 02:03 PM
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FAX NO,
p, 01
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PUBLIC NOTICE
RE: 333 W. BLEEKER 'STREET- CONCEPTUAL HPC REVIEW, PARTIAL
DEMOLITION, VARIANCES, AND RESlDENTIAL DESIGN StANDARDS REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, January 12,
2000 at a meeting to begin at 5:00 p,m, betore the Aspen Historic Preservation Commission, City
COWlcil Chambers, City Hall, 130 S, Galena St., Aspen, to consider an application submitted by
Leonard Riggs requesting Conceptunl l-!PC review, Partial Demolition, Variances, and Residential
Design Standards review, The requested variances are a 7 foot rear yard setback variance, an 8 foot
combined front and rear yard setback variance, a 5 foot east sideyard variance for a lightwell, and a
240 square foot floor area bonus. The property is located at 333 W, Bleeker Street, and is described
Lots A, B, and C, Block 44, City and Townsite of Aspen, For further information, contact Amy
Guthrie at the AspenlPitkin CommlUlity Development Department, 130 S. Galena St., Aspen, CO
(970) 920'5096, amyg@cLaspen.eo,us, '
s/Suzannllh Reid, Cbair
Aspen Historie Preservation Commission
Published in the Aspen Times 'on December 24, 1999
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City of Aspen Account
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\ CGLORADO CORPORATION
135 W MAIN ST
\SPEN CO 81611
J'IRKER JACK 1/21NT
iARKER CARRYN ADRIANNA TRUST 1/2
NT
'0 BOX 7943
\SPEN CO 81612
',LEVINS J RONALD & PHYLLIS M
'532 MAHOGANY BEND PL
iDCA RATON FL
;ARINTHIA CORP
,:53 E HYMAN AVE
\SPEN CO 81611
;'JCK JANE
133 W MAIN ST
\SPEN CO 81611
;RETE ASSOCIATES LP
1418 SANSOM ST
'HILADELPHIA PA 19104
J'O WOLF NICHOLAS
'33 W BLEEKER ST
\SPEN CO 81611
JEROSE VINCENT
209 N 14TH AVE
""LROSE PARK IL 60160
'IQESTEIN CHESTER & BEVERLY
,'77 WILSHIRE BLVD STE 501
,,,VERL Y HILLS CA 90212
30RDON LETICIA B
1'01 QUAIL PARK DR
\' DES MOINES IA 50265
NN HISTORICAL SOCIETY
620 W BLEEKER ST
ASPEN CO 81611
~N HOMEOWNERS' ASSOCIATION
A ~OLO NON PROFIT CORPORATION
311 WMAIN ST
ASPEN CO 81611
BECK GLENN A
PO BOX 1102
VICTORVILLE CA 92392
BLAU SETH J
BLAU JUDITH
3896 DOGWOOD LN
DOYLESTOWN PA 18901
BLONIARZ JOHN W & DONNA L
1839 N ORLEANS ST
CHICAGO IL 60614
BROWDE DAVID A
176 BROADWAY STE 7A
NEW YORK NY 10038
CHAMBERS PETE
12113 DELJO DR
FAIRFAX VA 22030
CITY OF ASPEN
130 S GALENA ST
ASPEN CO 81611
COMCOWICH WILLIAM L
420 W MAIN ST
ASPEN CO 81611
CONDER CANDIDA E
19816 GRAND VIEW DR
TOPANGA CA
CRETE ASSOCIATES LP
1062 LANCASTER AVE
ROSEMONT PA 19010
CRUSIUS FRANKLIN G
CRUSIUS MARGARET J
5855 MIDNIGHT PASS RD APT 507
SARASOTA FL 34242
DENKINS JAMES D
PO BOX 718 4043 SHORE LN
BOCA GRANDE FL 33921
DEREVENSKY PAULA
1128 GRAND AVE
GLENWOOD SPRINGS CO 81601
DOBBS JOHN C & SARA F
PO BOX 241750
MEMPHIS TN 38124
FASCHING BARBARA
232 W MAIN ST
ASPEN CO 81611
FISCHER SISTIE
442 W BLEEKER
ASPEN CO 81611
GOLD RANDAL S
EPSTEIN GILBERT AND MOLLIE
PO BOX 9813
ASPEN CO 81612
HANSEN WERNER AND HARRIET
WINTER ERNST & SON INC CIO
PO BOX 1006
TRAVELERS REST SC 29690
HIBISCUS GRAPE CARRIAGE CORP 1/2
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CRESTED BUTTE CO 81224
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205 S MILL ST #3
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,00 CRESCENT CT STE 1320
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3CHEID JOHN A & ANN F
500 S ARROYO BLVD
'ASADENA CA 91105
3iLVERSTEIN PHILIP
3iLVERSTEIN ROSALYN
,6 KNOLLS CRESCENT
oRONX NY 10463
3LOVITER DAVID
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1358 ROBINHOOD RD
,:EADOVVBROOK PA 19046
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CASPER J JACOBY III
PO BOX 248
ALTON IL 62002
KARP MICHAEL
3418 SANSOM ST
PHILADELPHIA PA 19102
MCDONALD FAMILY TRUST
MCDONALD VV SCOTT & CAROLINE
TRUSTEES
PO BOX 11347
ASPEN CO 81612
MYERS JOSEPH V JR
265 BRIGHTON RD NE
ATLANTA GA 30309
PEITZ H QUINN JR
KEIM JAMES T
17550 BAR X RD
COLORADO SPRINGS CO
RICHTER SAM & LAURA 50% INT
7874 AFTON VILLA CT
BOCA RATON FL 33433
ROGERS REGINA
6 VVOOD ACRES RD
GLEN HEAD NY 11545
SEALS JOHN R & CAROLYN
4410 MEDICAL DR #400
SAN ANTONIO TX 78229
SIMON LOUIS & EILEEN
1576 CLOVERLY LN
RYDAL PA 19046
SLOVITOR DAVID AND ELAINE
1358 ROBIN HOOD RD
MEADOVVBROOK PN 19046
~BY FAMILY L TO PARTNERSHIP
CASPER J JACOBY III GEN PARTNER
PO BOX 248
ALTON IL 62002
KEIM JAMES T
PEITZ H QUINN JR
17550 BAR X RD
COLORADO SPRINGS CO
MCDONALD VV SCOTT & M CAROLINE
PO BOX 11347
ASPEN CO 81612
NATHAN REVOCABLE TRUST
718 N LINDEN DR
BEVERLY HILLS CA 90210
POTVIN SALLY ALLEN
320 VV BLEEKER ST
ASPEN CO 81611
RICKEL DAVID
8324 BROODSIDE RD
ELKINS PARK PA 19027
ROSENTHAL DIANNE
PO BOX 10043
ASPEN CO
SHEEHAN VVILLlAM J AND
SHEEHAN NANCY E
10 GOLF VIEVV LN
FRANKFORT IL 60423
SLOVITER DAVID
SLOVITER ROSALIE
1358 ROBINHOOD RD
MEADOVVBROOK PA 19046
STRANDBERG JOHN J & JANE T
2510 GRAND AVE APT 2403
KANSAS CITY MO 64108
3TR,ANDBEt<G JOHN J & JANE T
~510 GRAND AVE APT 2403
<ANSAS CITY MO 64108
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'098 NUTMEG AVE
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TEMPKINS HARRY
TEMPKINSVIVIAN
420 LINCOLN RD STE 258
MIAMI BEAcH FL 33139
,WIN COASTS L TO
110 WEST C ST STE 1901
3AN DIEGO CA 92101
TWIN COASTS LTO
110 WEST CST STE 1901
SAN DIEGO CA 92101
1""') PROPERTIES L TO LLC
, - NNE CENTRE PROPERTIES LLC
323 W MAIN ST #301
ASPEN CO 81611
THALBERG KATHARINE
221 E MAIN ST
ASPEN CO 81611
WHYTE RUTH
PO BOX 202
ASPEN CO 81612
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Mar3 A, A~ian Architects, F.C
MEMORANDUM
To: Amy Guthrie, Historic Preservation Officer, City of Aspen
From: Mary Holley
CC: Leonard Riggs
Date: 12/23/99
Re: 333 West Bleeker Addition and Remodel
My clients are proposing an addition and a remodel of the existing structures at 333 West Bleeker,
In order to facilitate the interior remodel of the existing residence, we are asking for a Minor
Review of the two windows and the french door that they anticipate changing as a result of the
remodel. In addition, we would like a Conceptual Review of the entire proposal. In order to
place the addition in a location that meets the deed restrictions on the property and has the least
amount of impact on the existing structure, we are requesting a rear yard setback variance, a front
and rear yard combined variance, and a east sideyard setback variance for a light well. Finally, we
will request a 240 square foot floor area bonus for the proposal.
There are two structures on the property: a main house and a Carriage House. The main house is
a two and a half story structure: the "half" refers to a loft that was added to the southern bedroom.
During the remodel in the 1970's, all of the windows (with the exceptiOh of the main level
window on the north elevation) were replaced and most if not all of the exterior siding was
replaced. The Structure was supplemented and insulation was added throughout the house, A
masonry fireplace and chimney were removed after practically falling on some workers trying to
repair them. The contractor at the time, Don Kopf, also noted that the double doors on the
second level were added at that time in anticipation of a deck being built on top of the porch, In
addition, the structure of the Carriage House was supplemented and insulation and the skylights
were added, A loft was also added in the Carriage House,
There are four exterior changes that we anticipate making to the historic structure. The first is
the replacemenr of the pane of glass on the upper third of the sOuthern elevation with an operable
window, The second is the replacement of the existing french doors on the southern elevation
with new doors with larger glass area, The third is the replacement of a window on the eastern
elevation with a larger window. This new window would match the width, height, and muntin
pattern of an existing window to the north, The final change is the replacement of the aluminum
sliding glass doors with a three panel wood french door, The door opening would be moved
approximately three feet to the north and enlarged by two feet. All disturbances to the existing
50 River Oaks Lane 5asalt, Colorado 81621
Fhone, (970) 927-7656 Fa", (970) 927-7669
E.-mail, aardvark@sopris,net I Web Fage, http//mt,sopris,net/aardvark
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Mar~ A Ajian Architects, r.c.
MEMORANDUM
siding would be repaired and the siding replaced with matching materiaL The changes to the
eastern elevation that we propose will bring about a more orderly appearance on that side and will
fit in with the existing structure,
The new component of the proposal consists of a one story structure with a full basement. Rather
than risk damaging either the existing residence or the Carriage House by moving them, we are
leaving both in the same place that they have stood for the past 110 years or so, This does,
however, present some challenges to the design. Due to the proximiry of the main house to the
Carriage House, there is scant room to build a garage with an entrance off of the alley and
conform to the existing setback requirements, Our decision to keep the Carriage House in place
also required extra circulation that a more compact plan would not need.
In addition, the deed restrictions in place have different requirements for each of the three lots
that make up the property. Lot 'C', the easternmost lot, requires that all development must be
within 25 feet of the southern property line. All development on Lots 'B' and 'A' must be south
of the southern edge of the existing house, These restrictions leave us with 15'-0" on Lot 'C' and
about 20'-0" on Lots 'A' and 'B' if we were to conform to the existing setback requirements, In
order to comply with the deed restrictions, we were required to put all of the new development
along the southern property line and request a rear yard variance.
The deed restrictions also dictate the maximum height of any additional structures on the
property, This has encouraged a onM1:ory design solution for the addition, Rather than being a
handicap, the one-story solution has helped us to preserve the historic nature of the property, The
Carriage House and the main house will be connected by a one-story "link" with a low profile
made possible by a flat roof with a lower pitched skirt at the edge, In addition, the link has a high
degree of transparency from Third Street which will help to emphasize the visual separation
between the main house and the Carriage House, even with a connecting structure, The structure
remains low on the eastern side of the Carriage House as well, allowing its mass to be prominent
from two sides. The higher portion of the addition is therefore separated from the mass of the
Carriage House and reads as a separate entity,
The design team feels very strongly that the development review standards have been met for this
project. The additional massing has been located in an area that has very little impact to either
West Bleeker or Third Street. The scale of the addition is compatible with the scale of the existing
structures and works not to compete with the historic structures, The materials are intended to
complement rather than replicate the historic nature of the existing buildings,
50 River Oaks Lane 5asalt, Colorado 81621
!"hone, ('170) 927-7656 Fax, (970) 927-7669
L-man, aardvark@sopris,net I Web rage, http//mt,sopris.neVaardvark
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Mar3 A Ajian Architects, r.c
MEMORANDUM
Finally, we feel that this project is an extraordinary example of a preservation effort. We do not
intend to move the buildings, nor do we intend to replace the windows, We are working with the
Carriage House in its present location, although this decision requires that we use more floor area
than needed for circulation and garage space, We will be replacing non-historic elements with
elements more in keeping with the existing residence and will not be adding elements that will
detract from it. To help with the extra garage area and circulation from the garage that is required
by this design we are requesting the 240 square foot area bonus,
I hope that this serves to sufficiendy introduce both you and the commission to this project. If
you have any questions or comments regarding this memorandum, please let me know and I will
be happy to discuss them with you,
co. Leonatd Riggs
50 River Oaks Lane E>asalt, Colorado 8 162 I
rhone: (970) 927-7656 Fa", (970) 927-7669
E.-mail, aardvark@sopris.net I Web rage: http//mi:,sopris,net;/aardvark
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ATTACHMENT 1
LAND USE APPL/CA TlON FORM
1, Project name ~~ ~~ '
2, Project location ?;?rJ] (At, ~/;~,i~..;R LtJrt? ,A'~~O ~{..oC1<' 44 &P1~tIt<t.
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(indicate street address, lot and block number or metes and bounds description)
3, Present zoning ..f-'v
4, Lot size 'f.t?a1 e:?f"
5. Appl'"",', oam,. add",,, and phooo oomb" t:t ~ ~
1111 ~Nqr: P?lt11Tf;; l7Un ~ I~ 1 I ~'11'2-'
6, Representative's name, address, and phone number ~'(~
PJo P./~ 6'~ ~E7, ~J..cr 11::1 '1&e'7& '
7, Type of application (check all that apply):
-
Conditional Use
Special Review
804,0 Greenline
Stream Margin
Subdivision
GMQS allotment
View Plane
Lot Split/Lot Line
Adjustment
-
Conceptual SPA ^
Final SPA _
Conceptual PUD X
Final PUD
Text/Map Amend,
GMQS exemption
Condominiumization_
Conceptual HPC
Final HPC
Minor HPC
Relocation HPC
Historic Landmark
Demo/Partial Demo
Design Review
Appeal Committee
-
8, Description of existing Uses (number and type of existing structures,
approximate sq, ft" number of bedrooms, any previous approvals granted to the
pmperty) ,.,,~~
~~~~~l:~~ ~M<
\ D'''''plloo of d',,'opmant applkallan ~~~!;~
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~lew ~~TIi6 ~ti <f ~~f'tIT "f- -?) WI/'l~/twF-'
10, Have you completed and attached the following?
~ Attachment 1- Land use application form
~ Attachment 2- Dimensional requirements form
~ Response to Attachment 3
-25.. Response to Attachment 4
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Applicant: .fIVA F'ff.~ J".p.
Address: ~ w. ~
Zone district: -F-~
Lot size: .!jltW
Existing FAR: 41-'h7 ~
Allowable FAR: ?;(P(/(J ~
Proposed FAR: ~ ~
Existing net leasable (commercial):
Proposed net leasable (commercial):
Existing % of site coverage: /(.1)1'
Proposed % of site coverage: ~ y,
Existing % of open space: J:?ti'.
Proposed % of open space: ..]01.
Existing maximum height: Principal bide: ?;OfT.
Proposed max. height: Principal bide: ~fr.
Proposed % of demolition: 0
Existing number of bedrooms: ,~
Proposed number of bedrooms: f':7
Existing on-site parking spaces: ~
On-site parking spaces required: "2...
Accesorv bide: l~fT (mTj;~MA-~
Accessorv bide: -
Setbacks
Existing:
L:l' .
Front: h '0
Rear: (J'-p.
Combined
, ,.
Front/rear:J1::Q
Side: W' O~()"
Side: .{;. 40\.0"
Combined
Sides: ~-t::J"
Minimum required:
Front: _1e>Lo-
Rear: lo'.d'
Combined
t ..1'
Front/rear: ~-t'7
Side: le'.t7.
Side: /17'.&1"
Combined
Sides: ?Jf;'.tI
Proposed;{tlfJW CPi'l'?~ d1/'ll.-.f)
Front: ..11'..0. f7T1t'16)
Rear: '>)'_(Jk M/;W CI~f'ol.icrlOtI)
Combined
I "
Front/rear: '2(].-O
Side: W1.o!.g'
Side: ~. Itl-o. (t;"o" F#~ (At;ftfWEiW?)
Combined
Sides: ?;t7!..&I"
Existing nonconformities or encroachments: ~ ~~ 1&'7 d1N TIlt:> W~~ti
.f VJ9\o1r~ L6r ~ ((;'-/1'~). '.. " ,
Variations reqUested:~ "(,I"ft17~rr:::;:ttp.{~~-d' =~tiT+
~ Y~tJ "I>f.lHl.tb, r:j'-(j' ~~~v, 0;;- rw q.
~F--~ ~HVlc". ' .
' (HPC has the ability to vary the following requirements: setbacks, distance between buildings,
FAR bonus of up to 500 sq.ft, site coverage variance up to 5%, height variations underthe
cottage intill program, parking waivers for residential uses in the R-6, R-15, RMF, CC, and 0
zone districts)
Friday, December 17, 19993:01 PM
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Mary A Avjian Archilects 927,7669
p,02
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Mar!:! A A~ian Architects, F.C.
Amy Guthrie
Historic Preservation Officer
City of Aspen
December 17, 1999
Re: 333 West Bleeker
Dear Amy,
The following is a list of variances that we will be requesting in relation to 333 West Bleeker:
1. A T.()" rear yard setback variance.
2, An 8'.()" rear yard setback variance for lightwells.
3, An 8'.()" combined front and rear yard setback variance,
4, A 240 square foot floor area bonus,
The first three of the above requests relate only to the new construction. As we have no plans to
move the existing Carriage House, it will remain in its present location on the north and east
property lines, I discussed this with Sarah Oates of the Planning Department and she did not feel
that additional variances were required for the existing construction,
Finally, to briefly review our anticipated schedule:
. On January 12, we will have a Conceptual Review of the entire project and will request Minor
Review of the window changes that We anticipate making in the existing tw~ory structure.
· On February 9, we will have a Final Review for the entire project, This date is, of course,
dependent on the actions of the commission duting the January 12 meeting,
As discussed, I will get the materials required for the Conceptual and Minor Review to you on
December 22,
Please feel free to call if you have any questions
Sincerely,
~Ib
President
50 R.iver Oaks Lane 5asalt, Colorado S 162 I
rhone, C970) 927-7656 fa", C970) 927-7669
E-ma,j, aardvark@sopri.,net I Web Fag.. http//mt..opris,neVaardvark
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FROM
E'1~E, INC.
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TO
9' <O70"?5"'-".::"
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R!J1/,(f 1'tZII/n.1I4,- L. P.
17/7 ntain S/Jreet - Suite $.200
1'JaI1a4 7X 75.201
December 15,1999
Historical Preservation Commission
620 West Bleeker Street
Aspen, CO 8'1611
Su~ject;
Deyelopment Application - 333 W, Blcdcr Slreet - Aspen, CO,
Dear Sirs:
This letter is to advise you lllallhe applicant JOT the development of 333 W, Bleeker is the
following entity:
Riva Partners, L.P"
1717 Main Street. Suite 5200
Dallas, TX 75201 Telephone: 214-712-2020
Riva Partners; L.P, is managed by:
c,
Riva Management.lnc.
LeQuard lVi, Riggs, .ft., President
1717 Main Street - Suile 5200
, Dallas, TX '/~:ZOl Telephone: 214-712-2020
The street address is:
333 W, Bleeker Street
The legal description is:
LOt5 A, B & C
Block 44
City and Townsite of Aspen
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8:07PM
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DEC-1S-~999 15=53
FROM EMC~ INC.
TO
91970925:= ~..j
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Historial Preservation Commission
Page 2
December 15, 1999
The representative authorized to act on behalf of RN A Partners, 1. P., in addition to m,j-selfis:
Mary Holly
Mary A, AvjianArchitects, p, C.
SO Riycr Oaks Lanc
Basalt, CO 81621
Telephone; 'nO-')27 -7656
We have enclosed a Commitment for Title Insurance from Pitkin County Title, Inc., Ca$e #
PCTl4543, along with a coPY of Our Wan-anty Deed and the recorded Modification ofD,eed
Restrictions. Also note the enclosed Title Opinion letter from Wright and Adger, L.L.P
We have also enclosed a vicinity map locating the subject parcel within the City of AsrJ.,.
Ifwe need to submit any other information, please feel free to contact me at the above aiidress,
Sincerely yours,
Leonard M. Riggs. Jr,
President
RlV A Management, Inc,
LMRlpo
~dm~lrre~
Received Time Dee,15, 3:0iPM
"':"""'--:-,'"\1 r-: iii""'
GARY A. WRIGHT. P.C.
ALLEN H. ADGER. P.C....
BRIAN J. PINKOWSKl, P.C.
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.vRIGHT & ADGER
LAW PARTNERSHIP, LLP
201 NORTH MILL STREET. SUITE 106
ASPEN, COLORADO 81611
TELEPHONE: 970-925-5625
FACSIMILE: 970-925-5663
e-mal]: aspen@wl'lghUldcer.com
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OF COUNSEL:
PHILIP J. O'CONNELL"
MACE J. YAM POLSKY, LTO....
-ALSO ADMITTED TO FLORIDA BAR
uALSO ADMlrrED TO TEXAS AND LOUISIANA BAR
"-ALSO ADMITTED TO CALIFORNIA AND NEVADA BAR
14 December 1999
Historical Preservation Commission
Aspen Community Development Office
130 South Galena Street
Aspen, Colorado 81611
Re: Proof of Ownership
333 West Bleeker Avenue
To Whom it May Concern:
I am writing this letter on behalf of my client, Riva Partners, LP" a Texas limited
partnership, This letter is given to satisfy the Proof of Ownership requirement for my client's
development application on the above real property,
Based on my review of the records contained in the Pitkin County Clerk and Recorder's
Office as well as a Title Insurance Commitment given by Pitkin County Title PCT14543 it is my
opinion that title to the property, described as Lots A, B, & C, Block 44, City and Townsite of
Aspen, Pitkin County, Colorado is vested in Riva Partners, LP, pursuant to the Warranty Deed
recorded as reception number 435570,
There are no liens of record and otherwise no liens except for taxes for 1999 which are not
yet due or payable, The only encumbrance of record is the Modification of Deed Restrictions (copy
attached) recorded as reception number 435569,
Sincerely,
WRIGHT & ADGER, LLP
By: ~ L--
Gary A. Wright
G,\Riggs\Title-op.001
OFFICES LOCATED IN ASPEN, BASALT, AND DENVER, COLORADO
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COMMITMENT FOR TITLE INSURANu<:
SCHEDULE A
Effective Date: 08/10/99
at
08:30 A,M,
Policy or Policies to be issued:
Case No, PCT145~3
ia) ALTA Owner's Policy-Form 1992
Amount$ 1,800,000,00
PremiumS 3,584,00
Rate: STANDARD
Proposed Insured:
RIVA PARTNERS, L,P,
(b) ALTA Loan Policy-Form 1992
Amount$
PremiumS
Rate:
Proposed Insured:
Tax Certificate: $10,00
Title to the FEE SIMPLE estate or interest in the land described,or
referred to in this Commitment is at the effective date hereof
vested in:
THE ASPEN HISTORICAL SOCIETY
'~'::e -,-and referred to in this Commitment is situated in the County
or PITKIN State of COLORADO and is desoribed as follows:
Lots A, B & C,
Block 44,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE, INC,
601 E, HOPKINS
ASPEN, CO, 81611
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
Schedule A-PG,l
This Commitment is invalid
unless the Insuring
Provisions and Sohedules
A and B are attached,
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SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
-T~W (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured,
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
Deed from
THE ASPEN HISTORICAL SOCIETY
To
RIVA PARTNERS, L,P,
:\01'2: Evidence satisfactory to the company as to the authority of the
person(s) executing the above document(s) on behalf of The Aspen
~istorical Society must be provided, subject to any additional
requirements deemed necessary,
Certificate of Limited Partnership realting to Riva Partners, a
Colorado Limited Partnership, disclosing the names of the partners,
and otherwise complying with the requirements of "73 CRS 7-62- :::0::'
evidencing the existence of said Limited Partnership, and the filing
of said Certificate of Limited Partnership in the Office of the
Secretary of State of the State of Colorado on, or prior to, its
acquisition or the subject property,
NOTE: It is preferable that the above document be recorded with the
Clerk and Recorder, but such recordation is not absolutely necessary,
And a copv or the Partnership Agreement must be delivered to and
approved-by the Company,
NOTE: The above requirement is necessary in order to determine the
person(s) authorized to execute documents necessary to complete the
transaction contemplated herein,
Evidence satisfactory to the Company that the Real Estate Transfer
Tax as establi~hed by Ordinance No, 20 (Series of 1979) and Ordinance
No, 13 (Series of 1990) has been paid or exempted, "
Certificate of nonforeign status executed by the transferor(s)
instrument is not required to be recorded)
(This
Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado, (This instrument is not required
to be recorded)
Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H,B, 1288 has been complied
"wi th, (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the property is situated)
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SCHEDULE B SECT,ION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
:ollowing unless the same are disposed of to the satisfaction of the
:ompany:
c,
Rights or claims of parties in possession not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
Any lien, or right. to a lien, for services, labor, or material heretofo~~e ''''w
hereaf~er furnished, imposed by law and not shown by the public records.
Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or fo~ any other special taxing district.
0,
7,
Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 90 at Page 137 providing as follows: "That
no title shall be hereby acquired to any mine of gold, silve".
-'~~~abar or copper or to any valid mining claim or possession held
under existing lawsll.
"
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AD___tIONAL INFORMATION
AND DISCLOSURES
'........
The Owner's Policy to be issued, if any shall contain the followins
icems in addition to the ones set forth above:
(1) The Deed of Tr~st, if any, required under Schedule B-Section ~,
!2j Wacer rights, claims or title to water, (NOTE: THIS EXCEFT=O~
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSuE~
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) Ii) of
chac title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy, A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens execucea
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company, Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued, Please contact the Company for
further information, Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage,
NOTE: If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage",
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) 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: A tax Certificate will be ordered from the County Treasurer by
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the
company prior to the issuance of the Title Policy anticipated by
this Commitment.
This commitment is invalid unless
<the Insuring Provisions and Schedules
A and B are attached,
Schedule B-Section 2
Commitment No, PCT14543
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WARRANTY DEED
THIS DEED, made this 16 day of SEPTEMBER
1999, between THE ASPEN HISTORICAL SOCIETY
OF THE COUNTY OF PITKIN"
GRANTOR,
RIVA PARTNERS, L.P.,
GRANTEE
STATE OF CO
whose legal address is :
1717 MAIN ST., SUITE 5200, DALLAS, TX, 75201
CITY OF DALLAS, COUNTY OF I STATE OF TX Z
WITNESSETH, That for and in consideration of the sum of ten dollars ~
and other good and valuable consideration, the receipt and sufficiency of ()
which is hereby acknowledged, the grantor has granted, bargained/sold and r-
conveyed, and by these presents does grant, bargain, sell and convey and QV.
confirm unto the grantee, his heirs and assigns forever, all the real ~)
property together with improvements, if any, situate and lying and being in --
the Town of ASPEN, County of PITKIN, State of COLORADO, described
as follows:
Lots A, B & C,
Block 44,
CITY AND TOWNSITE OF ASPEN
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435570
TRANSFER DECLARATION RECEIVED 09/15/1999
TOGETHER with all and singular the hereditaments and appurtenances
thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor
either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, Wlto the grantee, its successors and assigns forever.
And the Grantor, for itself, its successors and assigns, does covenant,
grant, bargain, and agree to and with the Grantee, his heirs and
assigns, that at the time of the enseaJing delivery of the presents, it is
well seized of the premises above conv~yed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple,
and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the
same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind
or nature soever, except those matters as set forth on Exhibit "A" attached
hereto and incorporated herein by reference.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the grantee, his heirs
and assigns, against all and every person or persons lawfully claiming the
whole or any part thereof. The singular number shall include the plural,
the plural the s' gular, and the use of gender shall be applicable to all
genderS~
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ASPEN RISTO ICAL SOCIETY
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STATE OF
COUNTY OF
COLORADO
PITKIN
5S,
The foregoing instrument was aCJmowledged before me this !?f 1--, day of SEPTEMB~R
1999 ,by THE ASPEN HISTORICAL SOCIETY, aCol~r~do nqnprofit. corporation
by: ',. '"KIc...:j;,L ~:.L~'\c.:.., pres~'dent "-.nd ~." 1 ,', J. YY\,~;/ ':."'"
Treasurer ," A " f) f"', '~;,;:::": ,,'.,
WITNESS my hand and official seal............. &Lt.' ~.-). - \,r. L,(,.",.{ ,,' " ..:' "',.';> "'.
my commission expires: Joys. Higeris/l\btary Publk: Notary(p blic :.Y' 't' ';' '.?. .\...
Mv CooImission expires 4122/2002 .:
. S01 EaSt Hopkins .....
Asp-m. C:llorado 816'l1
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1. Taxes for the year 1999 not yet due Qr payable,
2. Reservations and exceptions as set forth in t;l€ Deed from the City of
Aspen recorded in Book 90 at Page -_37 providi.:1g as follows: lIThat no
t_tle shall be hereby acquired to any mi~e of gold, silver, cinnabar
or copper or to any valid mining claim or possession held under
existing laws !I.
3. Te~ms, conditions, provisions and obligations as set forth in
Warranty Deed recorded July 23, 1998 as Reception No. 419750.
4. Modification of Deed Restriction recorded~, 1999 as Reception No.
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SEP, 28. 1999 10: 16AM
PITVIN ~NTY TITlE
I~O, 7610 P,1
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MODIFICATION OF DEED RESTRICTIONS
This Modification of Deed Restrictions C'Agreernent") enclUnbering LOTS A, B &: C, Block
44, City and Townsite of Aspen, Pi~County, Colorado ("333 West Bleeker" or "Property''), is
made, conferred and granted this ~ day of September 1999 by Ruth Whyte ("'Whyte" or
"Grantor"), approved by the Aspen Historical Society ("AHS"), for the USe and benefit of Riva
Partners, L.P. ("R5va") Or its assigns, under the following circumstances~
A. Whyte as a funner owner of 333 West Bleeker placed certain conditiol1S and
restrictions ("Deed Restrictions") on further development in the deed from her to AHS conveying
333 West Bleeker dated 22 July 1998 and recorded on 23 July 1998 in the Pitkin County Real
Property Records as reception number419750 (ilie "Deed").
B, AHS is the ourrent owner 0033 West Bleeker and has entered into a conU'act to sell
and conVey 333 West Bleeker to Riva.
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C. Rivawishes to make certain additions, improvements and modifications to 333 West
Bleeker which are prohibited by the Deed Restrictions now in place,
, D, Whyte, AHS and Riva. either individually or by and through duly autllorized
representatives have met on site at 333 West Bleeker and negotiated the follOwing Modification of
Deed Restrictions.
E. This Agreement supercedes and replaces the former Deed Restrictions.
Now therefore, for good and valuable consideration, the receipt and sufficiency of which is
hereby admitted and acknowledged, the undersigned covenant and agree as follows:
1, The foregoing recitals are true and correct
2. The Deed Restrictions contained in the Deed are hereby terminated and vacated. The
terms, conditions and covenants set forth herein are deemed to supercedeand replace those contained
in the Deed.
3, The fence cutrently existing between Lots C and D shall remain in place in its current
lccation and height, unless cbanges are approved in writing by Whyte. In the event thatany portion
of such fellCe encroaches onto the Property, Whyte shall be entitled to the exclusive use and
possession of such area of encroachment until the earlier of Whyte's death or until Whyte
relinquishes in wrifuJ.g the right to such continued exclusive usage, In the event that any portion of
SUch fence e:ncroaches onto Lot D, AHS shall be entitled to the exclusive use and pOssession of such
G;IRlggsID..,j.Mod/WZ
Page 1 of 4
111111I 111111111I1111111111111111111111 III 11/11111/1111
43!!811 "'9/21/1'" 1111, leA OEED RES DllYIS SILVI
1 0' 4 R 20.00 D 0.0'" H "'.ae PITKIN COUNTy co
Received Time-'Sep,28,--10:20AM
SEP, 28,1999 10: 16AM
PITKIN ~NTY TITLE
NO, 7610 P,2
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MODIFlCAl1QN OF DEED RESTRICTIONS
Lots A, B & C, Block 44
City and Tuwl!Site of Aspen, Piikill Cortnty, Colorado
area of encroachment until the earlier of 'Whyte' s death or until AHS relinquishes in writing the right
to such continued exclusive usage. Neither encroachment shall provide the basis for a claim of
adv~e possession to such encroacl1ed area. Any such encroachment shall be deemed to have been
made with the consent of the encroached upon OWIler,
4. No above ground construction, improvements or SlIUctures shall be undertaken or
placed on Lot C of the Property without the prior written consent of Whyte, which consent may be
withheld in Whyte's sole d~cretion; except:
4,1. Ri va may construct structures and improvements on Lot C So long as the
footprint of any such strUcture or improvements does not extend further than twenty-five
(25') feet from the Block 44 Ailey, The Parties agree that any structure shall be at least five
(5') feet west of the LotC -Lot D boundaJy; and, thartbemal.:imumheight of the peak ofa
gabled roof on any structure or improvement on Lor C may be equal to, but may not exceed
three (3~ feet above the height of the highest point on the existing Caniage House in its
CUITellt location on Lot A ("Absolute Maximum Height").
4.2. Riva may construct structures aDd improvements on Lot B so long as the
footprint of any such structure or imPl'OVemenUl does not extend farther north than the point
of the southeast corner of the original house (not including the non-original porch addition),
Any connector structure situated on Lot B may be equal to, but may not exceed, the height
of the current outside door handles on the exterior french doors on the Second floor of the
south facing wall of the original house, Except for any connector structure which is
expressly limited in maximum height as provided in this paragraph, Riva may not construct
any structure or improvement that the peak of a gabled roof exceeds the Absolute Maximum
Height as defined in paragraph 4,1. above.
4,3. Riva may construct structures and improvements on Lot A, which now contains the
Carriage House, so long as the footprint of any such structure or improvements does not
extend farther north than the point of the southwest COrner of the original house (not
including the non-original porch addition). Any COlU1ector Structure situated on Lot A may
be equal to, but may not exceed, the height ofthc current outside door handles on the exterior
french doors on the second floor of the south facing wall O[the original house. 'Except for
any connector structure which is expressly limJted in maximum height as provided in this
paragraph, Riva may oot construct lUly Slructure or improvement thac the peak of a gabled
roof exceeds the Absolute Maximum Height as defined in paragraph 4,1. above. Nothing
herein shall be deemed to require or to prevent Riva from relocating the existing Carriage
House, so long as the existing Catriage House remaios on Lot A.
G;\lUllP\llocd-Mod,002
Page 2 of 4
1111111 1IIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIW 11111111
43!!Sb 09/11/19" Ill: IlIA DEfD RES DAIIIS SILVI
2 01 4 R 28.80 D 1l.80 N 8.00 PITKIN COUNTy CO
'-Received Time Sep,28, IO:20AM
SEP, 28,1999 10: 17AM
PITKIN C~Y TITLE
o NO, 7610
p, 3
MODIFICATION OF DEED RESTRICTIONS
Lots A, B &- C, Block 44-
City imd TOWhSW of Aspen, PitkiJt COlDlty, Colorado
5. Any improvements pe,rmittedpursuantto the Deed and this Agreement shall be made
in a mamler consistent with the historic character of the original house.
6. The covenants and restrictions contained herein shall nm with and bind the PropertY
and shall inure to the benefit of and shall be enforceable by Whyte.
7, Whyte shall have the right and power to bring suit in her name fur legal or equitable
relieffor any Jack of compliance with any provisions of these covenants ort'csmctions. In the event
that Whyte shall prevail in such suit, Whyte shall be entitled to reimbursement of her costs and
expenses, including reasonable attorneys' fees, in connection with enforcement of the covenants and
restrictions contained herein,
8. Prior to any repair, renovation, modification Or changes tl;l any oftb.e improvements
on Lot A or B, Riva shall obtain a survey, by a licensed Colorado SUIVeyl;lr, which depicts the
Absolute Maximum Height for the peak of a gabled roof and the height of the outside door handles
on the exterior french doors on the second floor of the south facing wall of the original house based
on the actual elevations of these improvementS, as of the date tbis Agreement is recorded,
Signed tbis Z~ day of September 1999.
Ruth Whyte
~ fdrk-
Ruth Whyte
~~C,/i'/ /J
/z!~ #~~
BY:'~ ~
Bonnie Murry, president-elec
(attestations on the following page)
G;\RIggs'Del!ld-Mo4..002
Page 3 of 4
111111I1111I1111I11111111I11111111111111111111111I11111
~3!!89 09/18/1999 le:15A DEED RES DAVIS SILVI
3 of 4 R 2e.0e 0 e.le N e.0e PITKIN COUNTt CO
--'Received Time Sep,28, !0:20AM
SEP, 26,1999 10: 17AM
PITKIN ~NTY TITLE
,... ..,
~
,;
NO, 7610
P 4
MODIFICATION OF DEED RES'l1UCTIONS
Lots A, B &: C, Block 44
City and Towmite of kpell, Pitkin Cowrty, Colorooo
County of Pitkin )
) ss
State of Colorado )
Ut!,lg~"~ltlfJI1~!~111~lmll~!~! 'lll!11
4 0' 4 It 20.ee 0 0.0e N 0."" PtTl<tN COUNTY CO
County of Pitkin )
) ss
State of Colorado )
The fo~oing Modification of Deed Restrictions was duly grr.urted executed and delivered _ "__'"
befOl'emethis ~day of September 1999 by Ruth Whyte as the fOImer owner of333 Wpst B~~~'~"""""
, ,:: ,,-" ..c.:; ~" .....
~~_. ..........~. ..~~
Witness my hand and official seal. ":/" ,s.t .,....; .-\
My Commission expires: Ib111./(WfXl ;:f .J...,~::? ' ~
~: ..\) ~ . =
.. ....." ~
"r",
.{I"o.. . "
............ ,.
'l".' I . ,...\~'"
"..'"tltU,~I'\,"
The foregoing Modification of Deed Resrricdons were approved and accepted by the Aspen
Historical Society as the current owner 0033 West Bleeker, by and through Bonnie Muny a,t,its
presiclent-ele<:t and duly authorized agent this jfday of September 1999. , ;':1~t''''C7;'''''''''''""
, .; ,.~. ......
. ~ v.- .
Witness my hand and official seal. l':' $'" <'1./" , "',,', 'c'o
My Commission expires: 1l1hll!u;t:D f;' ~ (,:{ ,..f:.,; ~,
o. <-' ';; ,")',...'.-; :-.! _
, ::, ..
....: "
t"" '::.-:, 'I..... 6.
State of Colorado >'. '....
r;.,/ .
County of Pitkin 1(1'1""!;f(1"1"'~'"
The foregoing Modificoarion of Deed Restric-tio"s were approved and accepted 1l1>'..t!n;'-'
Aspen Historical Society as rho. current owner of 333 Wesr Bleeker by and through
:~t:~:: :;w:::~ :::S:::::~al seal J S . qJ ,
my commission expires Notary biie
G:\RlI!ll,lDocd.Mod,002
ASP6N HISTORICAL SOCIETY
620 W. BLE:E.lCER
ASPEN, CO 816 I)
Joys.~'-Y~
~Can",IooIIln....",.~
60, E:aot Hop/(ino
~~8'S"
Page 4 of 4
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