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AGENDA
ASPEN HISTORIC PRESERVATION COMMISSION
August 12, 2020
4:30 PM,
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I.SITE VISIT
II.ROLL CALL 4:30 PM
III.MINUTES
III.A.July 22nd Minutes and Public Comment
IV.PUBLIC COMMENTS
V.COMMISSIONER MEMBER COMMENTS
VI.DISCLOSURE OF CONFLICT OF INTEREST
VII.PROJECT MONITORING
VIII.STAFF COMMENTS
IX.CERTIFICATE OF NO NEGATIVE EFFECT ISSUED
X.CALL UP REPORTS
XI.SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS
1
2
XII.OLD BUSINESS 4:40 PM
XII.A.1020 E. Cooper Avenue– Remand of the Conceptual Major Development Review,
Demolition, Relocation and Variations approved by HPC via Resolution #21, Series
of 2019, PUBLIC HEARING CONTINUED FROM JUNE 24TH
Exhibit D_Application for Remand of Conceptual Approval_08.12.2020 (1).pdf
XIII.NEW BUSINESS 5:40 PM
XIII.A.616 W. Main Street
Request for Change in Use & Special Review
1_616 W Main_Special Review_Change In Use_Memo (1).docx
2_Resolution No. X, Series of 2020_APPROVING CHANGE IN USE WITH
CONDITIONS.docx
3_Exhibit A.1_Staff Findings & Review Criteria_Change in Use.docx
4_Exhibit A.2_Staff Findings & Review Criteria_Special Review.docx
5_Exhibit B_Application_616 W. Main.pdf
6_Exhibit C_Property Rental Letter.pdf
XIV.ADJOURN 6:40 PM
XV.NEXT RESOLUTION NUMBER
#017
Typical Proceeding Format for All Public Hearings
1)Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legal notice (affidavit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clarifications of applicant
7) Public comments
8)Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal/clarification of evidence presented by applicant and public comment
11) Applicant rebuttal/clarification
End of fact finding.
Deliberation by the commission commences.
No further interaction between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
2
3
*Make sure the discussion and motion includes what criteria are met or not met.
Revised April 2, 2014
3
BREWSTER MCLEOD ARCHITECTS, INC.
office@brewstermcleod.com – www.brewstermcleod.com
112 South Mill Street, #B Top Floor – P.O. Box 697 – Aspen, CO 81611 – T 970/544.0130 – F 970/544.9201
M E M O R A N D U M
Date: July 29, 2020
To: Amy Simon, Historic Preservation Officer
City of Aspen
130 S Galena Street
Aspen, CO 81611
Project: 1020 E Cooper Ave
Re: Conceptual Application for HPC Major Development, Relocation, Demolition, Variations
From: Jamie L. Brewster McLeod
Brewster McLeod Architects, Inc.
Attachments:
Exhibit A: Floor Plans and Elevations
Exhibit B: Dimensional Requirements Form
Exhibit C: Renderings
Exhibit D: Preliminary Exterior Materials
Exhibit E: Tree Survey Affidavit
Ms. Simon—
Enclosed please find our revised design and restudy of previously HPC approved project at 1020 E
Cooper Ave for Conceptual review by HPC. The revised design addresses the feedback we received from
HPC during the December 11, 2019 hearing, City Council on February 25, 2020, as well as feedback
from the neighbors to the East and West sides.
The following items were approved at the HPC meeting on December 11, 2019:
Approval of demolition of the two non-historic sheds at the rear of the property
Approval of relocation of the historic resource to comply with today’s setback standards
Approval of Mass and Scale of the addition
Approval of an HPC Floor Area Bonus of 250sf to be used onsite
Items to resolve pertained to two areas:
The unhealthy and dangerous tree straddling the East property line, to address with 1024 E
Cooper neighbor
The privacy fence along the West property line, to address with 1012 E Cooper neighbor
The revised design addresses the two areas in the following ways:
Unhealthy and dangerous Tree straddling East Property line
o The City of Aspen notified BMA, after the City Council meeting, that the applicant could
not resubmit an application to HPC until the unhealthy and dangerous tree on the
property line was resolved
o The applicant received an email from the 1024 E Cooper HOA, that removing the
unhealthy and dangerous tree would not be considered
4
Page 2 of 2
o BMA revised the design of the addition around the existing unhealthy and dangerous tree
10’-8” dripline
East elevation was revised to accommodate the unhealthy and dangerous tree,
adding articulation to this elevation, and setting back a portion of the building 10’-
8” off the property line
Increased the East connector length by 1’-6” over the 10’-0” length that was
previously approved by HPC
Reduced the width of the South gable by 2’-7-5/8” and lowered the front gable
elevation by 1’-1-1/4” from the design previously approved by HPC
Reduced the overall square footage by 326.45s from the design previously
approved by HPC
Privacy fence along West Property Line
o We have reduced the height of the fence to 42” around the entire property, as requested
by 1012 E Cooper neighbors
The front fence will be an open design to allow the historic resource to be viewed
from Cooper Street
The mid to back fence will be solid, but will allow the historic resource to be
viewed from all sides and will allow more light for the neighbors to the West
As with the previous design, that was approved by HPC, the removal of the 1960s additional requires
demolition greater than the 40% threshold which reduces the allowable floor area by 558 square feet. As
a result, we are requesting a Floor Area Bonus of 200 square feet to be used onsite, rather than the
previously approved 250 square foot bonus.
Floor Area Breakdown, see Exhibit A: Floor Plans and Elevations
Total Floor Area Allowed: 2,228.00sf
Total Floor Area Proposed: 2,407.13sf
o Lower Level: 74.92sf
o Historic Resource: 508.83sf
o Main Level Addition: 830.05sf
o Garage: 136.35sf
o Upper Level Addition: 836.98sf
o Patio Fireplace: 20sf
Bonus Requested: 179.13sf, rounded up to 200sf
The updated Dimensional Requirements form is included as Exhibit B.
The renderings have been revised to reflect the new design, see Exhibit C.
The preliminary exterior materials have been updated to include the 42” privacy fence and are included
with this package as Exhibit D. These will be presented in more detail at Final Review.
Also included is an affidavit from the survey confirming the measurement of the trees, see Exhibit E.
We look forward to presenting to the Historic Preservation Commission. Please reach out if you have any
questions or need any additional information.
Sincerely,
Jamie L. Brewster McLeod, AIA
President
Brewster McLeod Architects, Inc.
5
COOPERN33° 32' 03"
W 687.12' TIEEAST COOPER AVENUEEAST HYMAN AVENUECLEVEL
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±S73° 21' 03"W 617.26' TIEFOUND #4 REBAR & YELLOW
PLASTIC CAP PLS 25947
0.2' BELOW GRADE
ELEV=7942.5
FOUND #5 REBAR &
RED PLASTIC CAP
PLS 33638
0.2' ABOVE GRADE
ELEV=7946.3
FOUND #5 REBAR
0.3' BELOW GRADE
FOUND #5 REBAR &
YELLOW PLASTIC CAP
PLS 19598
0.1' ABOVE GRADE
FOUND #5 REBAR &
YELLOW PLASTIC CAP
PLS 2376
0.2' BELOW GRADE
FOUND #5 REBAR &
YELLOW PLASTIC CAP
ILLEGIBLE
0.3' ABOVE GRADE
FOUND 1" IRON PIPE
FOUND #5 REBAR &
YELLOW PLASTIC CAP
ILLEGIBLE
0.1' BELOW GRADE
FOUND #5 REBAR &
YELLOW PLASTIC CAP
ILLEGIBLE
0.3 ABOVE GRADE
FOUND #5 REBAR
0.2' ABOVE GRADE
FOUND #5 REBAR &
YELLOW PLASTIC CAP
PLS 19598
FLUSH WITH GRADE
FOUND #4REBAR & RED
PLASTIC CAP PLS 24303
0.1' BELOW GRADE
SET #5 REBAR & ORANGE PLASTIC
CAP PLS 28643
FLUSH WITH GRADE
NEAREST INTERSECTION OFCOOPER AVE & CLEAVLAND ST(177.9')N15° 46'
0
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8
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.
9
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ASPEN
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DURANT
SURVEYOR'S CERTIFICATE
I, Mark S. Beckler, hereby certify to: 1020 Cooper LLC, a Colorado limited liability company and Land Title Guarantee
Company
That this is an "Improvement Survey Plat" as defined by C.R.S. § 38-51-102(9) and that it is a monumented Land Survey
showing the location of all setbacks, structures, visible utilities, fences, or walls situated on the described parcel and
within five feet of all boundaries of such parcel, any conflicting boundary evidence or visible encroachments, utilities
marked by client and all depicted easements described in Land Title Guarantee Company's, commitment for title
insurance file no. Q62010331.1, or other sources as specified on the improvement survey plat.
The error of closure for this plat is less than 1/15,000.
_____________________________________
Mark S. Beckler L.S. #28643 2020-08-07
PROPERTY DESCRIPTION
The Easterly 13.79 feet of Lot O and all of Lot P, Block 34, East Aspen Addition to the City of Aspen
According to the Lot Line Adjustment/Subdivision Exemption Plat of 1020 E. Copper, recorded October
8, 2019 as reception no. 659373.
County of Pitkin
State of Colorado
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM 8/7/2020 - 30111 - G:\2020\30111\SURVEY\Survey DWGs\Survey Plots and Exhibits\30111_ISP.dwg
VICINITY MAP
SCALE: 1" = 2000'
GENERAL UTILITY NOTES:
The locations of underground utilities have been plotted based on utility maps,
construction/design plans, other information provided by utility companies and actual
field locations in some instances. These utilities, as shown, may not represent actual
field conditions. It is the responsibility of the contractor to contact all utility
companies for field location of utilities prior to construction.
IMPROVEMENT SURVEY PLAT
1020 E COOPER AVE
THE EASTERLY 13.79 FEET OF LOT 0 AND ALL OF LOT P, BLOCK 34, EAST ASPEN ADDITION TO THE CITY OF ASPEN
PITKIN COUNTY, STATE OF COLORADO.
SHEET 1 OF 2
SOURCE DOCUMENTS:
·the Improvement Survey Map certified June 4, 2019 prepared by Tuttle Surveying Services, Job #19053 (not of the
Pitkin County, Colorado Records)
·the Plat of East Aspen Addition, recorded August 24, 1959 in Book 2 at Page 252
·Lot Line Adjustment/Subdivision Exemption Plat, recorded October 8, 2019 as Reception No. 659373.
·Historic Preservation Resolution #21, Series of 2019, recorded December 26, 2019 as Reception No. 661468
ALL OF THE PITKIN COUNTY, COLORADO RECORDS-UNLESS OTHERWISE NOTED.
NOTES
1)Date of Survey: July 2020.
2)Date of Preparation: July - August 2020.
3)Linear Units: The linear unit used in the preparation of this plat is the U.S. Survey Foot as defined by the United
States Department of Commerce, National Institute of Standards and Technology.
4)Basis of Bearing: Bearings are based on the 2009 Marcin Engineering-City of Aspen Control Map, yielding a site
bearing of N 74°18'31" W from the SE Corner of Lot L, Block 34, East Aspen Addition, a found #5 rebar and yellow
plastic cap illegible, and the South East Corner of said BLock 34, a found #5 rebar and yellow plastic cap PLS 19598.
5)This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determine ownership or easements of
record. For all information regarding easements, rights of way and/or title of record, SE relied upon a title
commitment prepared by Land Title Guarantee Company, Order Number Q62010331.1, Effective Date, July 2, 2020
and documents and plats of record as shown in the Source Documents, hereon.
6)Basis of elevation: The 1998 City of Aspen Drexel Barrel control datum, which is based on an elevation of 7720.88'
(NAVD 1988) on the NGS station "S-159". This established two site benchmarks, shown on page 1.
7)The FIRM flood map for this property is number 08097C0366E, effective on 08/15/2019, property is in area of
minimal flood hazard, zone X.
8)Slope - 0 - 10% per "Percent Slope within Aspen". City of Aspen - June 1, 2009 and per field work all natural slopes 0 -
10% this survey.
9)Geological Hazards - None per "Potential Geological Hazards Area". City of Aspen Master Drainage Plan. WRC
Engineering Inc. - 2001
10)Mud Flow
None per "Maximum Flow Depth, 100-Year Event". City of Aspen Master Drainage Plan. WRC Engineering Inc. - 2001
nor per "Aspen Mountain Mud Flow Zones". City of Aspen Urban Runoff Management Plan Fig. 7.1 - 2010
11)Wetlands - None per "U.S. Fish & Wildlife Service National Wetland Inventory Map"
12)Contour Interval: One (1) foot.
13)Tree measurements were performed to City of Aspen standards (Aspen Municipal Code Chapter 13 Sec. 13.20.020).
14)Address: 1020 E COOPER AVE
15)Pitkin County Parcel No.--273-718-23-2006
SITE
1 inch = ft.
( IN FEET )
GRAPHIC SCALE
020 20 40
20
8010
6
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10'STBK10'STBK10'STBK10'STBK10'STBK10'STBK10'STBK15'STBK15'STBK15'STBK15'STBK15'STBK15'STBK15'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK10'STBK10'STBK10'STBK10'STBK10'STBK10'STBK10'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBKXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAEAST COOPER AVENUEALLEY
(20.20')LOT OLOT ELOT FLOT GRIGHT-OF-
W
A
Y
(73.70')
10'
SETBACK
10'
SETBACK
5'
SETBACK
5'
SETBACK
RAISED
WOODEN
PLANTER
RAISED
WOODEN
PLANTER
GATE
EX:7944.5'±EX:7944.5'±EX:7944.6'±EX:7944.5'±EX:7944.5'±EX:7944.5'±EX:7944.5'±EX:7944.0'±EX:7944.2'±EX:7944.1'±EX:7943.9'±EX:7943.9'±EX:7944.1'±EX:7944.0'±EX:7944.1'±EX:7943.6'±EX:7943.3'±EX:7942.9'±EX:7942.8'±EX:7942.9'±EX:7942.9'±EX:7942.9'±EX:7942.9'±EX:7943.0'±EX:7942.9'±EX:7943.0'±EX:7942.9'±EX:7942.9'±EX:7943.5'±EX:7943.5'±EX:7943.4'±EX:7943.4'±EX:7943.0'±
EX:7943.1'±EX:7943.0'±EX:7943.0'±794579457944
7943
7944
7943
7943
7943
794379437943 7943 7943
79
4
4
7944 79457945794412.2'5.0'17.5'35.0'29.7'40.0'
7.3'29.7'7.5'14.1'10.3'14.1'10.3'20.2'12.1'20.1'12.1'
MAILBOX
CONCRETE
CONCRETE SIDEWALKCONCRETE
GRAVEL
GRAVEL
GRAVEL
CONCRETE
P
O
R
C
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WITH ROOF
O
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H
A
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FLOWLINE OF CURB
CURB STOP
CABLE
BOX
BUSH BUSH
BUSH
BUSH
4 TREES
DECIDUOU
S
2.8"X6'
TREE
DECIDUOU
S
1.5"X3'
TREE
CONIFERO
U
S
14.1"X28'
FINISHED FLOOR 7944.8'±
FINISHED FLOOR 7943.3'±
FINISHED FLOOR 7943.2'±
FINISHED FLOOR 7944.8'±
BALLARD
CONCRETE
PAD
TRANSFORMER
& PAD
GAS METER
TELEPHONE PEDESTAL
TELEPHONE
CONNECTION
ELECTRIC METER
TELEPHONE
PEDESTAL
ROCK
RETAINING
WALL
ROCK
RETAINING
WALL
LOG DECORATIVE BORDER
4' WIRE FENCE 2.5' WOOD FENCE4' WOOD FENCE
3' WOOD FENCE2.5' METAL FENCE1 STORY S
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1020 E CO
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8
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CONCRETE
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WITH ROOF
OVERHANG
SHED
SHED
RAIL ROAD TIE RETAINING WALL EX:7945.3'±EX:7944.8'±EX:7944.5'±EX:7944.5'±EX:7944.3'±EX:7944.3'±EX:7944.1'±EX:7944.0'±EX:7944.3'±EX:7944.5'±EX:7944.7'±EX:7944.8'±EX:7944.8'±EX:7944.9'±S74° 18' 31"E 43.79'S15° 41' 29"W 100.00'N74° 18' 31"W 43.79'N15° 41' 29"E 100.00'
TREE
CONIFERO
U
S
10.8"X21'N74° 18' 31"W 239.94'(BASIS OF BEARING)2.2'
4.4'
3.7'
0.9'
2.4'
22.7'EX:7945.0'±EX:7944.7'±EX:7944.3'±EX:7944.3'±EX:7943.8'±EX:7942.7'±EX:7944.0'±EX:7942.5'±EX:7942.7'±EX:7942.5'±EX:7942.8'±EX:7943.0'±EX:7943.3'±EX:7943.3'±EX:7943.3'±EX:7943.4'±EX:7943.1'±EX:7943.2'±EX:7943.0'±EX:7943.1'±EX:7943.0'±EX:7942.8'±EX:7944.1'±PRINCIPLE BUILDING SETBACKACCESSORY BUILDING SETBACK15'
SETBACK
PRINCIPLE BUILDING SETBACKACCESSORY BUILDING SETBACK5'
SETBACK
METAL STAIRS FREE STANDING
TRANSFORMER
& PAD
2.09'
8'
2'
2'X8' ELECTRIC EASEMENT
(BOOK 126 PAGE 7)
8'
3.5'
3.5'X8' ELECTRIC EASEMENT
(BOOK 126 PAGE 7)XSATEE XSASAN SEWER
RIM = 7944.47
IN EAST 4" PVC = 7939.37
OUT WEST 4" PVC = 7938.45
SAN SEWER
RIM = 7938.68
IN EAST 8" PVC = 7931.98
OUT WEST 8" PVC = 7931.99
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM 8/7/2020 - 30111 - G:\2020\30111\SURVEY\Survey DWGs\Survey Plots and Exhibits\30111_ISP.dwg
GENERAL UTILITY NOTES:
The locations of underground utilities have been plotted based on utility maps,
construction/design plans, other information provided by utility companies and actual
field locations in some instances. These utilities, as shown, may not represent actual
field conditions. It is the responsibility of the contractor to contact all utility
companies for field location of utilities prior to construction.
IMPROVEMENT SURVEY PLAT
THE EASTERLY 13.79 FEET OF LOT 0 AND ALL OF LOT P, BLOCK 34, EAST ASPEN ADDITION TO THE CITY OF ASPEN
PITKIN COUNTY, STATE OF COLORADO.
SHEET 2 OF 2
1 inch = ft.
( IN FEET )
GRAPHIC SCALE
04 4 8
4
162
EXISTING SANITARY SEWER MANHOLE
EXISTING CURB STOP
EXISTING GAS METER
EXISTING ELECTRIC TRANSFORMER
EXISTING ELECTRIC METER
EXISTING TELEPHONE PEDESTAL
EXISTING STORM SEWERXSDXSD
EXISTING 8" WATER MAINXWLXWL
EXISTING 8" SANITARY SEWER MAIN
EXISTING GAS
EXISTING TELEPHONE
XGAS XGAS XGAS
EXISTING UNDERGROUND ELECTRIC
EXISTING CABLE
XUT XUT XUT
XEL XEL XEL
XTV XTV XTV
XSA XSA
EXISTING LEGEND
1020 E COOPER AVE
52.0'
303.7'
7
8
9
10
11
12
13
14
15
16
17
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City of Aspen Community Development Department
City of Aspen|130 S. Galena Street| (970) 920 5090 Historic Land Use Application Requirements, Updated: November 2017
Please check the appropriate boxes below and submit this page along with your application.
This information will help us review your plans and,if necessary,coordinate with other agencies
that may be involved.
YES NO
00 Does the work you are planning include exterior work; including additions, demolitions,
new construction, remodeling, rehabilitation or restoration?
0 Does the work you are planning include interior work, including remodeling,
rehabilitation, or restoration?
00 Do you plan other future changes or improvements that could be reviewed at this time?
00 In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative
Effect and a building permit, are you seeking to meet the Secretary of the Interior’s
Standards for Rehabilitation or restoration of a National Register of Historic Places
Property in order to qualify for state or federal tax credits?
00If yes, are you seeking federal rehabilitation investment tax credits in
Conjunction with this project? (Only income producing properties listed
on the National Register are eligible. Owner-occupied residential
properties are not.)
00If yes, are you seeking the Colorado State Income Tax Credit for
Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
0 Rehabilitation Loan Fund 0 Conservation Easement Program 0 Dimensional Variances
0 Increased Density 0 Historic Landmark Lot Split 0 Waiver of Park Dedication Fees
0 Conditional Uses 0 Tax Credits
0 Exemption from Growth Management Quota System
ATTACHMENT 3 -Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
x
x
x
x
x
x
x
x
20
City of Aspen Community Development Department
City of Aspen|130 S. Galena Street| (970) 920 5090 Historic Land Use Application Requirements, Updated: November 2017
Project:
Applicant:
Project
Location:
Zone District:
Lot Size:
Lot Area:
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high
water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the
Municipal Code.)
Commercial net leasable:Existing:__________Proposed:_________________
Number of residential units:Existing:__________Proposed:_________________
Proposed % of demolition: __________
DIMENSIONS:(write N/A where no requirement exists in the zone district)
Floor Area:
Height
Existing:_________Allowable:__________Proposed:________
Principal Bldg.:Existing:_________Allowable:__________Proposed:________
Accessory Bldg.:Existing:_________Allowable:__________Proposed:________
On-Site parking:Existing:_________Required:___________Proposed:________
% Site coverage:Existing:_________Required:___________Proposed:________
% Open Space:Existing:_________Required:___________Proposed:________
Front Setback:Existing:_________Required:___________Proposed:________
Rear Setback:Existing:_________Required:___________Proposed:________
Combined Front/Rear:
Indicate N, S, E, W Existing:_________Required:___________Proposed:________
Side Setback:Existing:_________Required:___________Proposed:________
Side Setback:Existing:_________Required:___________Proposed:________
Combined Sides:Existing:_________Required:___________Proposed:________
Distance between
buildings:
Existing:_________Required:___________Proposed:________
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
_____________________________________________________________________________
_____________________________________________________________________________
Variations requested (identify the exact variances needed): ______________________________
______________________________________________________________________________
Matrix of the City of Aspen͛s Historic Preservation Land Use Application Requirements
To review full procedures for all applications, reference 26.415 of the City of Aspen building code, Historic Preservation Ordinance.
When submitting multiple step applications, do not replicate submission materials. Two copies of the application are required for a
1020 E Cooper
1020 Cooper LLC
1020 E Cooper Ave
RMF
4,379 sf
4,379 sf
N/A N/A
11
>40%
1,075 2,228*
14-8-3/4"25'24'-9-1/8"
***N/AN/A
022
N/AN/AN/A
N/AN/AN/A
17.3'10'10'-1/2"
42'-2-3/4"10'10'-Residential Building
***5'-Garage 5'-Garage
N/A N/A N/A
2.5'5'5'
West 10'-11-1/8"'5'5'-7/8"
13'-5-1/8"10'10'-7/8"
Varies 5'N/A
*TheallowableFloor
area per the zone
district is 2,786 sf,
but because the demo
exceeds 40% it is
reduced by 20%.
2,407.13
**Historically
designated projects
are allowed to
request a floor area
bonus of up to 500
SF. We are
requesting 200 SF.
***The non-historic sheds in the rear of the property extend over
the property line and into the side setback. They are proposed to be demo'd.
The encroachments will be removed.
East
South
North
21
22
23
24
25
BREWSTER MCLEOD ARCHITECTS, INC.
office@brewstermcleod.com – www.brewstermcleod.com
112 South Mill Street, #B Top Floor – P.O. Box 697 – Aspen, CO 81611 – T 970/544.0130 – F 970/544.9201
M E M O R A N D U M
Date: July 29, 2020
To: Amy Simon, Historic Preservation Officer
City of Aspen
130 S Galena Street
Aspen, CO 81611
Project: 1020 E Cooper Ave
Re: Preliminary Exterior Materials—Revised
From: Jamie L. Brewster McLeod
Brewster Mcleod Architects, Inc.
Ms. Simon—
Enclosed are preliminary images of the proposed exterior materials for 1020 E. Cooper Avenue. We will
submit samples during the Final Design Review.
Wood Siding
Horizontal Wood, 3-1/2” reveal
Traditional clapboard style to be installed as all original siding was previously removed
26
Page 2 of 6
Exterior Paint Color
Color: Benjamin Moore Custom White, SP16-138
Exterior Brick
Color would match exterior siding
Dimensions: 7-5/8” width x 2-1/4” height x 3-5/8” thick
27
Page 3 of 6
Metal Roofing
Color: matte black
Roofing
Natural cedar shingles; second image shows how they will age in a few years
28
Page 4 of 6
Front Porch Posts
Windows and Exterior Window Trim
Painted wood double-hung windows for the Historic resource
29
Page 5 of 6
Exterior Railing
Front Fence
42” High, White Wood Pickets
The picket spacing will provide a transparent quality per Historic Preservation Design Guideline 1.18
Privacy Fence
42” High, White Wood Pickets
Fence will be located such that it does not block the public views of the historic structure per Historic
Preservation Design Guideline 1.20 and will comply with the Land Use Code
30
Page 6 of 6
Eaves on Addition
Eaves on the addition will be zero overhang (photo is for overhang only)
31
32
Page 1 of 5
MEMORANDUM
TO:Aspen Historic Preservation Commission
FROM:Kevin Rayes, Planner
THRU:Amy Simon, Interim Planning Director/Historic Preservation Officer
MEETING DATE:August 12,2020
RE:616 W. Main Street-Change in Use & Special Review, PUBLIC HEARING
APPLICANT/OWNER:
616 W Main St LLC
REPRESENTATIVE:
Chris Bendon, BendonAdams
LOCATION:
Street Address:
616 W. Main Street, Unit A
Legal Description:
616 W Main St., Unit A., Unit A, 616 West
Main Condominiums, according to the
condominium map of the 616 West Main
Condominiums recorded October 6, 2005
under Reception No. 515825 and as
defined and described in the condominium
declaration recorded October 19, 2005 as
Reception No. 516418, County of Pitkin,
State of Colorado.
Parcel Identification Number:
Parcel ID # 2735-124-44-009
LOT SIZE:
3,000 Square Feet (0.069 acres)
CURRENT ZONING &USE:
Historic Landmark Site within the
Mixed Use (MU)Zone District;
Unit A (Front): Commercial Use (Subject
Property)
Unit B (Rear) Free-Market Residential
Unit
PROPOSED USE:
Residential
SUMMARY:
The applicant proposes to convert 616 W. Main
Unit A from a commercial space to a free-market
single-family dwelling and requests approval for
Growth Management/Change in Use and an
exemption from the parking requirements via
Special Review.
Staff recommends approval for a Change in Use
subject to the conditions listed on page 5 of this
memo.Staff does not support exemption from the
parking requirements.
Site Locator Map-616 W. Main Street
616 W.
Main St.
33
Page 2 of 5
BACKGROUND:
616 W. Main is a 3,000 sq. ft. historic designated property located in the Mixed Use (MU) zone
district. The parcel is condominiumized into two units. Unit A is located at the front of the lot and
contains a Victorian era home and Unit B at the rear (See Figure 3) and contains a Victorian era
barn. Unit A is approved for commercial use and Unit B is approved as a free-market residence.
Records indicate that both structures on this parcel were relocated to this site from the opposite
side of Main Street at an unknown date. In the 1990s, the barn structure was converted to a
deed restricted ADU. ADUs are not counted as units of density, therefore this was an allowed
use. In 2004, a Change in Use approval was granted to convert the front structure to commercial
use. The outbuilding remained an ADU for some time, then converted to free-market residential,
which was permissible because the ADU was voluntarily created and one free-market home was
allowed on the site. With the front building in commercial use, the rear building took the allotment
for one free-market unit on the site. For years the subject property functioned with a commercial
space in the front (Unit A) and a residential use in the rear (Unit B).
In 2019, the Planning Office reached out
to the applicant regarding the apparent
use of Unit A as a residence, which was a
zoning violation. The applicant was asked
to cease the residential use or pursue land
use approvals to legalize it. In May 2020
the applicant elected to ask the Board of
Adjustment, rather than HPC, to review the
request for a dimensional variance from
the minimum lot area requirements of the
Mixed-Use (MU) zone district to convert
Unit A to a residential use. The request
was approved via Resolution No. 3, Series
of 2020, enabling two, instead of one
single-family residences on a lot of 3,000
sq. ft. Finalizing this conversion requires
two additional approvals which are not
within the authority of BOA and are
therefore being presented to HPC.
REQUEST OF THE HISTORIC PRESERVATION COMMISSION (HPC):
The Applicant is requesting the following land use approvals:
Change in Use (Chapter 26.470.100.a) to convert Unit A from a commercial to a residential use
(The Historic Preservation Commission is the final review authority).
Special Review (Chapter 26.515.080) to grant a two-space parking waiver, allowing for on-
street parking (The Historic Preservation Commission is the final review authority).
Please note that the attached land use application addresses the variance that has been decided
by BOA. HPC will not be providing any further evaluation of this topic.
Figure 2:616 W. Main- Front View
34
Page 3 of 5
PROJECT SUMMARY:
As noted previously, in 2019
Planning staff took action to identify
a zoning violation on this site due to
the apparent use of Unit A as a
residence, by renting it out (Exhibit
C).
The owner wishes to legally use the
building as a residence, creating two
free-market single-family dwellings
on the lot. The applicant requests a
Change in Use to convert Unit A from
a commercial to a residential use.
Additionally, the applicant seeks
Special Review to waive the parking
required to use Unit A as a residence.
The applicant believes that because
Unit A functioned as a single-family
dwelling at one time, converting it
back to a residential use complies
with the requirements of the MU zone
district.
STAFF COMMENTS:
The following land use reviews are considered as part of this application:
1.Change in Use-
The criteria for a Change in Use are set forth in Land Use Code Section 26.470.080,
General Review Standards (in Exhibit A.1). Much of the criteria speak to the affordable
housing mitigation required. The affordable housing mitigation rate is based on new free-
market residential floor area as prescribed in Land Use Code Section 26.470.090.a, Single-
Family and Duplex Residential Development or Expansion. Pursuant to this section,
residential uses generate 0.16 FTEs per 1,000 sq. ft. of residential Floor Area. Unit A
contains 912 sq. ft. of FA, which translates to a required mitigation rate of 0.15 FTEs.
912 / 1,000 x 0.16 = 0.15 FTEs
The applicant must mitigate by extinguishing a Certificate of Affordable Housing Credit at
the Category 2 Rate. The approximate cost to the applicant to provide this mitigation
according to the City’s tracking of Affordable Housing Certificates is $51,000.
2. Special Review-
Pursuant to Land Use Code Section 26.515.060.C, Transportation & Parking
Management, two parking spaces/units are required to accommodate the conversion back
to a residence. The applicant seeks a two-space waiver, which may be granted by HPC
via Special Review if the standards set forth in Land Use Code Section 26.515.080,
Special Review Standards are met (Exhibit A.2).
616 W. Main, Unit A
Approved for
commercial use
(Subject Property)
616 ½ W. Main, Unit B
Approved as a single-
family dwelling
(Under Separate
Figure 3:Existing Site Configuration
35
Page 4 of 5
To grant a waiver, HPC should consider the following:
Is on-site parking mitigation practically difficult or will it result in an undesirable
scenario?
Will existing or planned on-site or off-site facilities adequately serve the needs of
the development including the availability of parking?
Staff finds the above criteria are not met. Land Use Code Section 26.515.070.e,Detached
and duplex residential dwelling parking, allows tandem parking for single-family and duplex
development. “Off-street parking provided for detached residential dwellings and duplex
dwellings is not required to have unobstructed access of emergency apparatus to the
property or to structures located on the property. This allows for ‘stacking’ of vehicles
where a vehicle is parked directly behind another.” As depicted in Figures 4 & 5, there
appears to be adequate space on the property to accommodate two vehicles in a stacked
parking configuration. The parking spaces would be accessed via the rear alley of the
property, behind the historic house (which complies with the parking requirements for this
property). To achieve this configuration, an existing non-historic fence that appears to have
been constructed a few feet “inboard” of the east lot line would need to be removed or
relocated. Staff finds that removal of this fence would not generate an undesirable scenario
nor would it be practically difficult for the homeowner to achieve. Additionally, all parking
would be recessed behind the historic resource, minimizing any adverse impact to the
historic integrity of the dwelling as viewed from Main Street. Lastly, staff has determined
that the extra density granted by the Board of Adjustment will lead to additional parking
and transportation impacts on the surrounding neighborhood. Granting a waiver to allow
off-site parking may exacerbate existing parking challenges in Aspen and burden the
neighborhood instead of the subject parcel, with the impact.
Figure 4:Proposed Parking
Configuration
Figure 5:Proposed Parking Location
36
Page 5 of 5
RECOMMENDATION:
Staff recommends HPC adopt the attached resolution to approve a Change in Use to
convert Unit A from a commercial to a residential use. However, staff recommends that the
Historic Preservation Commission deny the Special Review request for a parking
exemption and require 2 on-site parking spaces. The owner has received a dimensional
variance from the Board of Adjustment to allow two-single family dwellings on a 3,000 sq.
ft. lot. (The land use code requires a minimum of 3,000 sq. ft. per dwelling on a residential
lot). The additional density granted to this lot will lead to greater transportation impacts
relative to the surrounding properties. These impacts should be minimized by providing two
on-site parking spaces.
ATTACHMENTS:
Resolution #__, Series of 2020
Exhibit A.1 –Change in Use Staff Findings & Review Criteria
Exhibit A.2 –Special Review Staff Findings & Review Criteria
Exhibit B –Application
Exhibit C –Vacation Rental Letter
37
HPC Resolution #___, Series of 2020
Page 1 of 3
RESOLUTION NO. XX, SERIES OF 2020
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING A CHANGE IN USE BUT DENYING SPECIAL REVIEW FOR PARKING
FOR THE PROPERTY LOCATED AT 616 WEST MAIN STREET, UNIT A, CITY AND
TOWNSITE OF ASPEN, COLORADO
Parcel ID No:2735-124-44-009
WHEREAS,the Community Development Department received an application for 616
West Main Street, Unit A, (the Application) from 616 W Main St LLC (Applicant), represented
by Chris Bendon, Bendon Adams, for the following land use review approvals:
Dimensional Variance: pursuant to Land Use Code Chapter 26.314;
Change in Use: pursuant to Land Use Code Chapter 26.470.100;
Special Review: pursuant to Chapter 26.515.080; and
WHEREAS,the subject property is a historic landmark, zoned Mixed Use (MU) and is
improved with two structures- Unit A at the front and Unit B at the rear; and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect
on the day the application was deemed complete – February 21, 2020, as applicable to this Project;
and,
WHEREAS, prior to this review the Board of Adjustment approved a request for a
Dimensional Variance allowing two free-market residences on this property via Resolution No. 3,
Series of 2020 at a duly noticed public hearing on May 7, 2020; and,
WHEREAS,the City Historic Preservation Commission (HPC) reviewed this application
for Change in Use and Special Review at a duly noticed public hearing on August 12, 2020; and,
WHEREAS,during the duly noticed public hearing on August 12, 2020, the Aspen
Historic Preservation Commission approved Resolution No. X, Series of 2020 by a __ to ___vote
(X-X), granting approval for a Change in Use but denying Special Review, as identified herein.
NOW,THEREFORE BEIT RESOLVED:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Historic Preservation Commission hereby approves a Change in Use to convert Unit A from a
commercial use to a residential dwelling with the following condition:
1. Two on-site parking spaces will be provided in the configuration depicted in Attachment
1 attached to this resolution.
By requiring the provision of two on-site parking spaces the HPC is hereby denying the request to
reduce parking via Special Review.
38
HPC Resolution #___, Series of 2020
Page 2 of 3
Section 2:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department and the Board of Adjustment Commission, are
hereby incorporated in such plan development approvals and the same shall be complied with as
if fully set forth herein, unless amended by other specific conditions or an authorized authority.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED BY THE COMMISSION at its regular meeting on the 12th day of August2020.
Approved as to Form:Approved as to Content:
_______________________________________________________
Andrea Bryan, Assistant City Attorney Gretchen Greenwood, Chair
ATTEST:
__________________________
Wes Graham, Deputy City Clerk
39
HPC Resolution #___, Series of 2020
Page 3 of 3
Exhibit A- Required on Site Parking Configuration
Required on-site parking
mitigation for Unit A. Each
parking space will comply
with current dimensional
standards of the Engineering
Department.
40
Exhibit A.1
Change in Use Review Criteria
Staff Findings
26.470.100, Change in Use &
26.470.080, General Review Standards
Review Criteria for 616 W. Main Street
The HPC may approve, approve with conditions or deny an application for a Change in Use based on
the following standards
MET NOT MET DOES NOT
APPLY
Sufficient Allotments: Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Subsection 26.470.040.B. Applications for multi-year development allotment,
pursuant to Paragraph 26.470.110.A shall be required to meet this standard for the growth management years
from which the allotments are requested.
MET NOT MET
Development Conformance. The proposed development conforms to the requirements and limitations of this
Title, of the zone district or a site specific development plan, any adopted regulatory master plan, as well as
any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual
Commercial Design Review approval and the Planned Development - Project Review approval, as applicable.
MET
Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and
facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public
infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication
utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit
services.
MET
Affordable Housing Mitigation.
For commercial development, sixty-five percent (65%) of the employees generated by the additional
commercial net leasable space, according to Section 26.470.050(b), Employee generation rates, shall be
mitigated through the provision of affordable housing.
For lodge development, sixty-five percent (65%) of the employees generated by the additional lodge pillows,
according to Section 26.470.050(b), Employee generation rates, shall be mitigated through the provision of
affordable housing. For the redevelopment or expansion of existing lodge uses, see section 26.470.100(h).
For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section
26.470.070(e)), the mitigation requirements for affordable housing shall be phased at fifteen percent (15%)
beginning in 2017, and by three percent (3%) each year thereafter until sixty-five percent (65%) is reached,
[Chart not shown].
N/A
Unless otherwise exempted, when a change in use between development categories is proposed, the
employee mitigation shall be based on the use the development is converting to. For instance, if a commercial
space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space,
outlined in Subsection (2). Conversely, if lodge units are being converted to commercial space, the mitigation
shall be based on the requirements for commercial space, outlined in Subsections (1) and (3).
MET
For free-market residential development, affordable housing net livable area shall be provided in an amount
equal to at least thirty percent (30%) of the additional free-market residential net livable area.N/A
For essential public facility development, mitigation shall be determined based on Section 26.470.110(d).N/A
Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-
restricted at any level of affordability, including residential occupied (RO).N/A
For all affordable housing units that are being provided as mitigation pursuant to this Chapter or for the
creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason:
a.The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority, as amended.
b.Required affordable housing may be provided through a mix of methods outlined in this Chapter, including
newly built units, buy down units, certificates of affordable housing credit, or cash-in-lieu.
c.Affordable housing that is in the form of newly built units or buy-down units shall be located on the same
parcel as the proposed development or located off-site within the City limits. Units outside the City limits may
be accepted as mitigation by the City Council, pursuant to Section 26.470.110(b). When off-site units within
City limits are proposed, all requisite approvals shall be obtained prior to approval of the growth management
application.
d.Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter
26.540, shall be extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a
Certificate, utilizing the calculations in Section 26.470.050(f), Employee/Square Footage Conversion.
e.If the total mitigation requirement for a project is less than .25 FTEs, a cash-in-lieu payment may be made by
right. If the total mitigation requirement for a project is .25 or more FTEs, a cash-in-lieu payment shall require
City Council approval, pursuant to Section 26.470.110(c).
f.Affordable housing units shall be approved pursuant to Paragraph 26.470.100(d), Affordable housing, and be
restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower category designation.
g.Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the
unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional
requirement may be varied through Special Review, Pursuant to Chapter 26.430.
N/A
41
Staff Findings:
The Change in Use of this structure will be treated like the development of a new single-
family home with regard to Growth Management review. Thus far in 2020, there are
enough allotments available to accommodate this application. The affordable housing
mitigation rate is based on new free-market residential floor area as prescribed in Land
Use Code Section 26.470.090.a, Single-Family and Duplex Residential Development or
Expansion. Pursuant to this section, residential uses generate 0.16 FTEs per 1,000 sq. ft.
of residential Floor Area. Unit A contains 912 sq. ft. of FA, which translates to a required
mitigation rate of 0.15 FTEs.
912 / 1,000 x 0.16 = 0.15 FTEs
The applicant must mitigate by extinguishing a Certificate of Affordable Housing Credit at
the Category 2 Rate. The applicant has indicated that they have Category 4 certificates
in hand. The code provides a technique to convert between categories, a process which
will be handled by staff.
With regards to development conformance, the Land Use Code requires the change in
use to conform to the requirements of the Mixed-Use zone district as well as any previous
approvals. The Board of Adjustment granted a dimensional variance from the minimum
lot size requirement for a designated property to accommodate two single-family
dwellings (reducing the requirement on this particular lot from 3,000 sq. ft. per dwelling to
1,500 sq. ft. per dwelling). The proposed Change in Use complies with the approvals
provided in the BOA variance, however, changing Unit A from a commercial to a
residential use requires a minimum of two on-site parking spaces (there is currently no
on-site parking serving this dwelling) and the applicant requests an exemption. Staff does
not support this request, which is more fully addressed in Exhibit A.2.
Pending the resolution of the parking requirement, Staff finds that the General Review
Standard criteria for a Change in Use are met and recommends approval.
42
Exhibit A.2
Special Review Criteria
Staff Findings
26.515.080, Special Review Standards
Staff Findings:
Two of the standards related to Special Review are concerned with transportation and
parking impacts to the surrounding neighborhood. To approve a parking waiver, existing
or planned on-site or off-site facilities must adequately serve the needs of the
development, including the availability of street parking. Additionally, the criteria consider
whether an on-site mitigation solution to meet the minimum parking requirements would
be practically difficult or would result in an undesirable development scenario.
In May 2020, against the recommendation of the Community Development Department,
the Board of Adjustment granted a dimensional variance for Unit A to convert back to a
residence from a commercial use (Resolution No. 3, Series of 2020). This approval
involved a reduction of the minimum lot size required per dwelling unit, which doubled the
development rights of this property from underlying zoning that applies to all similarly
situated properties. The added density of allowing a second dwelling on a lot of 3,000 sq.
ft. will lead to additional transportation and parking impacts on the surrounding
neighborhood. No off-street parking is currently allocated to Unit A. There appears to be
enough space at the rear of the lot to provide two “stacked” parking spaces and staff finds
that the property should absorb its development impacts and not displace them into the
neighborhood. The parking would be accessed via the rear alley, which complies with
the requirements of this zone district. All parking would be recessed behind the street-
facing historic resource and would minimally impact the historic integrity of the resource
Review Criteria for 616 W. Main
The HPC may approve, approve with conditions or deny a
request to vary, or waive transportation, mobility, or off-
street parking requirements via Special Review based on
the following standards
MET NOT MET DOES NOT
APPLY
An on-site mitigation solution meeting the requirements and
guidelines is practically difficult or results in an undesirable
development scenario.
NOT MET
Existing or planned on-site or off-site facilities adequately serve
the needs of the development, including the availability of street
parking.
NOT MET
The transportation, mobility, and off-street parking needs of the
residents, customers, guests and employees of the project have
been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking
opportunities, expected schedule of parking demands, the
projected impacts on the on-street parking of the neighborhood,
the proximity to mass transit routes and the downtown area and
any special services, such as vans, provided for residents,
guests and employees.
NOT MET
43
as viewed from Main Street. The relevant Historic Preservation Design Guideline, which
staff finds will be met by two on-site parking spaces for this project, is:
1.26 Preserve the historic circulation system.
Minimize the impact of new vehicular circulation.
Minimize the visual impact of new parking.
Maintain the separation of pedestrian and vehicle which occurred historically.
Staff finds that on-site parking mitigation should be provided to minimize the
transportation and parking impacts to the surrounding neighborhood. Alternatively,
HPC could:
waive the requirement to provide one or both of the on-site spaces, but require
cash-in-lieu mitigation of $38,000 for any space that is not provided.
waive the requirement to provide one or both of the on-site spaces, and waive the
cash-in-lieu mitigation of $38,000 for any space that is not provided.
require one on-site space or waive one as described above, and allow the second
space to be mitigated through provision of a Mobility Measure (to be approved by
Engineering) making a meaningful contribution to parking management in the area.
44
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
January 29, 2020
Ms. Jennifer Phelan, AICP
Deputy Planning Director
City of Aspen
130 So. Galena St.
Aspen, CO 81611
RE: 616 West Main Street
Variance for Minimum Lot Size
Change-in-Use to Residential
Special Review for Parking Waiver
Ms. Phelan:
Please accept this application for a variance to
the minimum lot size requirements to enable
two single-family residences on a lot of 3,000
square feet; a change-in-use of the property
from commercial to residential; and, special
review for a parking waiver.
This property in an anomaly in the Mixed Use
(MU) Zone District with its small, 3,000sf size
and historic use as a residence. The applicant
is seeking an “official” return to residential use
after being used as a residence since 1891.
As provided in the attached pre-application conference summary, the application requests
review by the Board of Adjustment regarding the variance for minimum lot size and a
subsequent review by the Historic Preservation Commission regarding the change-in-use
request and a special review request to waive the parking requirement.
The application is submitted on behalf of the owner of Unit A – 616 W Main St LLC,
managed by Jordan Nemirow. BendonAdams is authorized by 616 to submit this
application.
The 616 property has long been used as a residence. Other than a brief time as a frame
shop, 616 has been used continuously as a home. The property was converted back to
a residence after the frame shop use ceased in approximately 2008. Although the Land
Use Code at the time allowed for a simple administrative change-in-use with no housing
Exhibit B- Application
45
616 W. Main St.
Page 2
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
mitigation required, the official paperwork was never filed with the City. The property was
sold to the current owner as a residence and all materials surrounding the sale spoke to
the property being residential. The applicant used this property as his personal residence
and raised his first daughter in the home. The property continues in its residential use
supporting both long- and short-term occupancies.
The property is part of the Original Townsite and has a right to develop by virtue of being
a legally-establish lot of record prior to the inception of subdivision and growth
management legislation.
The reversion to residential should represent a net decrease in employee generation.
Generation rates stated in the City of Aspen Land Use Code for commercial development
state 3.6 FTEs generated per 1,000sf while residential development generates only .16
FTEs per 1,000sf. So, converting the structure back to residential represents a net
decrease in impact according to the City’s analysis. To the extent impact mitigation must
be provided, the applicant requests the mitigation be roughly proportional to the
measurable impact.
Property
The property was originally platted as Lot N, Block 24,
City and Townsite of Aspen. The property has been
condominiumized and is officially known as 616 West
Main Condominiums.
Two structures on the property exist. Unit A, the 616
building is along the “front” of the property, along Main
Street, and the subject of this application. Unit B, 616½
West Main is located along the alleyway and is used as
a residence
Zoning
According to the City of Aspen Zone District Map, the
property is zoned Mixed Use (MU). The MU Zone
allows for single-family and duplex development. The
MU Zone specifically allows for “two detached single-
family residences,” which is the outcome sought by this
application.
Exhibit B- Application
46
616 W. Main St.
Page 3
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
The property has long been used as a
residence and disallowing and discontinuing
this use represents a significant hardship
upon the owner.
The map to the right shows
the property’s zoning.
Literal enforcement of the MU Zone’s minimum lot size eliminates any potential for this
property to be used as a residence – its historic and ongoing use. The home is modest in
size and “fits” with the character of West Main Street. The proposed use is an allowed
use and is the minimum necessary to make for reasonable use of the property as a
residence and to avoid a hardship on the owner.
We believe the Board of Adjustment’s approval of the minimum lot size is well within the
spirit and intent of the City’s Land Use Code as well as necessary to avoid an
unreasonable hardship upon the landowner. Approval is defensible from a standard-of-
review standpoint and would be a responsible action of the Board.
The change-in-use and special review requests are within the Historic Preservation
Commission’s purview and this application is responsive to the standards of review.
Allowing this home to revert back to its historic use and historic parking pattern would be
in keeping with the character of Main Street.
We look forward to your review and an opportunity to discuss this request with the Board
of Adjustment and the Historic Preservation Commission. Please let us know if we can
provide additional information or if we can respond to your input in any way.
Kind Regards,
Chris Bendon, AICP
BendonAdams LLC
Attachments:
1. Response to Review Criteria
2. Application Form
3. Authorization to Represent
4. Statement of Authority
5. Proof of Ownership
6. Agreement to Pay
7. HOA Form
8. Pre-Application Summary
9. Vicinity Map
10. Site Improvement Survey
11. Net Livable Report
Exhibit B- Application
47
Exhibit 1
Review Criteria
page 1
Section 26.314.040.A – In order to authorize a variance from the dimensional requirements of
Title 26, the appropriate decision-making body shall make a finding that the following three (3)
circumstances exist:
1. The grant of variance will be generally consistent with the
purposes, goals, objectives and policies of this Title and the
Municipal Code.
Response – Title 26 of the Municipal Code (known as the Land Use Code)
provides zoning limitations and development standards for properties in the
City of Aspen. The purpose of Title 26, stated in 26.104.020 includes the
analysis of various development factors “and the legitimate rights and
reasonable expectations of property owners.”
The 616 property is an historically designated property originally developed as a residence and
has been used as a residence throughout the majority of its existence. The property was used
as a commercial frame shop for a limited time starting in 2004. The structure was then converted
back to a residence in approximately 2008. Although the process to revert back to a residence
was administrative at the time with no mitigation requirements, no such official request was
made.
The property was purchased by the current owner as a residence. That was the use at the time
of purchase and as represented by the seller. The building has been used as a residence by
this owner since 2014.
The “purpose” of the Mixed-Use Zone District recognizes the historic residential use of properties
along Main Street. Below is the Purpose statement for the MU Zone District.
Exhibit B- Application
48
Exhibit 1
Review Criteria
page 2
The purposes statement finishes with the sentence “standalone residential uses are permitted on
properties as a reflection of the historic residential nature of the zone district.” Allowing this
property to continue as a standalone residence is entirely in keeping with the purpose of the MU
Zone District and the history of the property.
The property is zoned for single-family and duplex development. The property has been used as
a residence for 125 of its 129-year life. Prior to the frame shop, the property was used as a
residence since 1891. The 3,000 square foot lot size has never been an issue. The owner has
a legitimate and reasonable expectation to be able to continue to use the property as a residence.
A variance to the required lot size to enable the continued use as a home is consistent with the
purpose of the MU Zone District.
2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure.
Response – The continued use of this property as a residence is requested as a reasonable use
of the property. The application is the minimum necessary to allow for the continued use as a
residence and will not enable additional development beyond the current allowance. Two homes
are permitted on parcels in the MU Zone District. The variance to the minimum lot size would
extend this allowance to this property, which is 3,000 square feet.
The home is very modest in size. The 616 home is 915 square feet of Floor Area with an interior
net livable measurement of 832 square feet. Surrounding homes are much larger, including
homes in the West End neighborhood that are 5 and 6 times the size. This variance request to
the minimum lot size is the minimum necessary to permit the reasonable use of the property as a
single-family home.
Exhibit B- Application
49
Exhibit 1
Review Criteria
page 3
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district and would cause the applicant unnecessary hardship, as distinguished from mere
inconvenience. In determining whether an applicant's rights would be deprived, the Board
shall consider whether either of the following conditions apply:
a) There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant.
b) Granting the variance will not confer upon the applicant any special privilege
denied by the terms of this Title and the Municipal Code to other parcels,
buildings or structures, in the same zone district.
Response – The property is very unique in that it still reflects the Original Townsite platting of 30’
x 100’ lots. The City has downzoned and forced aggregation of parcels and most parcels now
consist of two, three, or four Townsite lots. Single Townsite lots are very rare. This parcel is a
holdover from the zoning changes and forced aggregation of parcels. This unique circumstance
requires a unique approach.
Other aspects of the property’s zoning could be adjusted. Development in a setback could be
avoided or even corrected (assuming HPC approvals). The property size is entirely outside the
control of the owner, not the result of the landowner’s actions, and impossible to correct.
Granting of this variance would provide no special privileges to this owner that are not already
enjoyed by similar parcels in the MU Zone including this property today. Residential use is
common along Main Street and the property has been used as a residence since 1891, other than
a short span as a frame shop.
Being able to continue to use the property as a residence, as it has been used for decades, is not
an unreasonable request. The residence “fits” with the character of Main Street and aligns with
the purposes of the MU Zone District.
Exhibit B- Application
50
Exhibit 1
Review Criteria
page 4
Parking
Response – The site currently has no parking
provided for either building. Prior to being a
frame shop, the residence had no on-site
parking. A Special Review in 2004 granted a
waiver of the parking with support from City staff.
Staff at the time commented on the availability of
parking in the neighborhood and the negative
aesthetic effects of having parking in the
backyard.
According to Table 26.515-1, up to 2 spaces are
required to accommodate the conversion back
to a residence.
Table 26.515-1 – Parking Impact
Requirement Calculations
Section 26.515.050 provides a range of options for meeting the City’s parking requirements. On-
Site parking, cash-in-lieu, and off-site parking options are detailed and vary by location, as
described in Table 26.515-2.
Table 26.515-2 – Parking
Requirements by Zone District
Note #4 of Table 26.515-2 allows flexibility for
Historically designated properties. “For
properties listed on the Aspen Inventory of
Historic Landmark Sites and Structures, a
waiver of the Parking Requirement may be
approved, pursuant to Chapter 26.430, Special
Review, and according to the review criteria set
forth below.”
This application seeks a two-space parking
waiver upon review by the Historic Preservation
Commission. The criteria for this waiver are
addressed below.
Exhibit B- Application
51
Exhibit 1
Review Criteria
page 5
Section 26.515.070.E allows tandem parking for single-
family and duplex development. “Off-street parking
provided for detached residential dwellings and duplex
dwellings is not required to have unobstructed access to a
street or alley, but shall not block access of emergency
apparatus to the property or to structures located on the
property. This allows for "stacking" of vehicles where a
vehicle is parked directly behind another.”
In the event the waiver is not granted by HPC, the
applicant will install two tandem spaces in the rear of the
property. This is not a desirable scenario. Removal of a
fence (non-historic) would be needed and the spaces
would consume the only useable outdoor space the
residents currently enjoy.
The diagram to the right depicts how the
two tandem spaces would be situated. The
picture shows the existing fence that would
be removed to accommodate parking.
Exhibit B- Application
52
Exhibit 1
Review Criteria
page 6
26.515.080. Special Review Standards.
Whenever the transportation, mobility, and parking impacts of a proposed development are
subject to special review, an application shall be processed as a special review in accordance
with the common development review procedures set forth in Chapter 26.304 and be evaluated
according to the following standards. Review is by the Planning and Zoning Commission.
If the project requires review by the Historic Preservation Commission and the Community
Development Director has authorized consolidation pursuant to Subsection 26.304.060.B, the
Historic Preservation Commission shall approve, approve with conditions or disapprove the
special review application.
A special review for establishing, varying or waiving transportation, mobility, or off-street parking
requirements may be approved, approved with conditions or denied based on its conformance
with all of the following criteria:
1. The transportation, mobility, and off-street parking needs of the residents, customers, guests
and employees of the project have been met, taking into account potential uses of the parcel,
the projected traffic generation of the project, any shared parking opportunities, expected
schedule of parking demands, the projected impacts on the on-street parking of the
neighborhood, the proximity to mass transit routes and the downtown area and any special
services, such as vans, provided for residents, guests and employees.
Response – The property has long operated with two residences and no on-site
parking. The carriage house (Unit B) was developed in the mid-1990s and has
operated successfully with no on-site parking for the past 25 years. The 616 house
(Unit A) has always operated with no on-site parking, both as a residence and as
a commercial unit.
Residents do park in available street parking and capacity exists to continue this
practice. The property is ideally situated for relying on transit with roughly 800
buses per day with service on the Castle Maroon, Cemetery Lane, Burlingame,
Highlands, Snowmass, and valley-wide routes. The cross-town shuttle is also two
blocks from the property. The property is served by a WeCycle station on 4th Street
and another on 8th Street. The property is served by the free (to use) ‘Downtowner’
shuttle service. Pedestrian infrastructure is complete in the area. The property is
substantially served by transit.
2. An on-site mitigation solution meeting the requirements and guidelines is practically difficult
or results in an undesirable development scenario.
Response – The Land Use Code is very clear that the HPC has the ability to
“waive” the parking requirement. The parking can be physically installed on the
property. Removal of a fence would be required and the one area for outdoor use
by the residents would be consumed by cars. This is unnecessary and
undesirable. The residents have adequate street parking and access the abundant
transit options. The current occupants, for example, do not own a car. Having
cars occupy the one outdoor area the two residential units enjoy is an undesirable
scenario.
Exhibit B- Application
53
Exhibit 1
Review Criteria
page 7
3. Existing or planned on-site or off-site facilities adequately serve the needs of the development,
including the availability of street parking.
Response – Existing facilities are
adequate to serve the needs of this
residence. Continuing to use the
property for a residence will have no
additional impact on the availability of
parking in the neighborhood. Street
parking is typically available, except
for times during special events – 4th
of July, X-Games, etc. when parking
throughout town is a challenge.
The pictures to the right show
parking availability on 5th
Street and 6th Street just north
of Main Street.
Exhibit B- Application
54
Exhibit 1
Review Criteria
page 8
26.470.080 General Review Standards
All Planning and Zoning Commission and City Council applications for growth management
review shall comply with the following standards.
A. Sufficient Allotments: Sufficient growth management allotments are available to
accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for
multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet
this standard for the growth management years from which the allotments are requested.
Response – The 2020 Growth Management “year” began January 1st and there
does not appear to be other allotment request pending.
B. Development Conformance: The proposed development conforms to the requirements and
limitations of this Title, of the zone district or a site specific development plan, any adopted
regulatory master plan, as well as any previous approvals, including the Conceptual Historic
Preservation Commission approval, the Conceptual Commercial Design Review approval and the
Planned Development – Project Review approval, as applicable.
Response – A variance request regarding lot size and a request to waive parking
are both included in this application. All other aspects of the property are in
compliance with the MU Zoning, including pre-existing conditions.
C. Public Infrastructure and Facilities. The proposed development shall upgrade public
infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs
of the developer. Public infrastructure includes, but is not limited to, water supply, sewage
treatment, energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking and road and transit services.
Response – The property is currently served with a full complement of public
infrastructure and facilities and no additional development is proposed with this
change-in-use application. No utility deficiencies are known.
D. Affordable Housing Mitigation.
1) For commercial development, sixty-five percent (65%) of the employees generated by the
additional commercial net leasable space, according to Section 26.470.050.B, Employee
generation rates, shall be mitigated through the provision of affordable housing.
2) For lodge development, sixty-five percent (65%) of the employees generated by the additional
lodge pillows, according to Section 26.470.050.B, Employee generation rates, shall be mitigated
through the provision of affordable housing. For the redevelopment or expansion of existing lodge
uses, see section 26.470.100.H.
Exhibit B- Application
55
Exhibit 1
Review Criteria
page 9
3) For the redevelopment of existing commercial net leasable space that did not previously
mitigate (see Section 26.470.070.F), the mitigation requirements for affordable housing shall be
phased at 15% beginning in 2017, and by 3% each year thereafter until 65% is reached, as
follows: [chart not shown]
Response to 1-3 – Not applicable. No commercial or lodging component is
proposed.
4) Unless otherwise exempted in this chapter, when a change in use between development
categories is proposed, the employee mitigation shall be based on the use the development is
converting to. For instance, if a commercial space is being converted to lodge units, the mitigation
shall be based on the requirements for lodge space, outlined in subsection 2, above. Conversely,
if lodge units are being converted to commercial space, the mitigation shall be based on the
requirements for commercial space, outlined in subsections 1 and 3, above.
Response – The 616 building is being converted from commercial to residential.
There is a net decrease in the number of employees generated by the residential
use as compared with the commercial use. The commercial generation is
approximately 4 FTEs. (832 sf net leasable x 3.6/1000 = 3 FTEs). The application
represents a net decrease in employee generation. Without prejudicing an
argument that a net decrease in employee generation should not require additional
mitigation, the residential mitigation calculation is provided below.
5) For free-market residential development, affordable housing net livable area shall be provided
in an amount equal to at least thirty percent (30%) of the additional free-market residential net
livable area.
Response – The Floor Area of the 616 building is 912 sf with a net livable
measurement of 832 sf. 30% equals a requirement to provide 249.6 sf of
affordable housing. Using the City’s conversion rate of one FTE per 400 sf of net
livable area, stated in Section 26.470.050.F, this requirement translates to .63
FTEs.
832 x 30% = 249.6
249.6 / 400 = .624
However, this 30% factor does not appear to be proportional to the actual
employee generation impacts of residential use. The City of Aspen commissioned
a study of employee generation of residential use. Based on the study performed
by RRC Associates in 2015, employee generation of residential use is .16 FTEs
per 1,000sf of residential Floor Area. Using the residential rate, this home
generates .15 FTEs.
912/1,000 x 0.16 = 0.1459
Moreover, the assessment of any affordable housing impact fee on this change-in-
use does not appear to be related to an actual impact to the community. The
Exhibit B- Application
56
Exhibit 1
Review Criteria
page 10
commercial space currently generates employees. Using the City’s employee
generation rates stated in Section 26.470.050 of the Land Use Code, 3.6 full time
equivalent employees are generated per 1,000 square feet of net leasable area.
This 832 square foot space generates 3 employees (832/1000 x 3.6 = 2.995). The
conversion from commercial to residential therefore represents a lessening of
employee generation, and a lessening of impacts on the community, by 2.38 to
2.85 employees. This lowering of employee generation lowers the necessity for
affordable housing in the community and should therefore be exempt from
providing additional mitigation and be exempt from paying an impact fee.
The application is responsive to the criteria for this change-in-use. The applicant
reserves its right to pursue an outright exemption to the affordable housing impact
fee based on the fact presented above.
6) For essential public facility development, mitigation shall be determined based on Section
26.470.110.D.
Response to 1-3 – Not applicable. No public facilities are proposed.
7) For all affordable housing units that are being provided as mitigation pursuant to this chapter
or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for
any other reason:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority, as amended.
Response – Not applicable. No affordable housing units are proposed.
b. Required affordable housing may be provided through a mix of methods outlined in this
chapter, including newly built units, buy down units, certificates of affordable housing
credit, or cash-in-lieu.
Response – The required housing mitigation will be provided through the
provision of affordable housing credits.
c. Affordable housing that is in the form of newly built units or buy-down units shall be
located on the same parcel as the proposed development or located off-site within the
City limits. Units outside the City limits may be accepted as mitigation by the City
Council, pursuant to Section 26.470.110.B. When off-site units within City limits are
proposed, all requisite approvals shall be obtained prior to approval of the growth
management application.
Response – Not applicable. No affordable housing units are proposed.
Exhibit B- Application
57
Exhibit 1
Review Criteria
page 11
d. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit,
pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120,
Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section
26.470.050.F, Employee/Square Footage Conversion.
Response – A Certificate of Affordable Housing for Category 4 FTEs will
be provided. Section 26.470.090 states the employee generation for
residential use. Based on the City-commissioned study prepared by RRC
Associates, dated March 4, 2015, the 915sf home generates .15
employees.
e. If the total mitigation requirement for a project is less than .25 FTEs, a cash-in-lieu
payment may be made by right. If the total mitigation requirement for a project is .25 or
more FTEs, a cash-in-lieu payment shall require City Council approval, pursuant to
Section 26.470.110.C.
Response – The applicant is not requesting a cash-in-lieu payment.
f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D,
Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation.
Response – A Certificate of Affordable Housing at a Category 4 FTEs will
be provided.
f. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher. This dimensional requirement may be varied through Special
Review, Pursuant to Chapter 26.430.
Response – Not applicable. No affordable housing units are proposed.
8) Affordable housing units that are being provided absent a requirement ("voluntary units") may
be deed-restricted at any level of affordability, including residential occupied (RO).
Response – Not applicable. No affordable housing units are proposed.
Exhibit B- Application
58
Exhibit 1
Review Criteria
page 12
26.470.100 Planning and Zoning Commission applications. The following types of
development shall be approved, approved with conditions or denied by the Planning and Zoning
Commission, pursuant to Section 26.470.060, Procedures for review, and the criteria for each
type of development described below. Except as noted, all growth management applications shall
comply with the general requirements of Section 26.470.080. Except as noted, the following types
of growth management approvals shall be deducted from the annual development allotments.
Approvals apply cumulatively.
A. Change in use. A change in use of an existing property, structure or portions of an existing
structure between the development categories identified in Section 26.470.020 (irrespective
of direction), for which a certificate of occupancy has been issued and which is intended to be
reused, shall be approved, approved with conditions or denied by the Planning and Zoning
Commission based on the general requirements outlined in Section 26.470.080. No more than
one (1) free-market residential unit may be created through the change-in-use.
Response – The application is requesting a change-in-use from commercial to
residential. Only one free-market unit would be created. The general
requirements of 26.470.080 are addressed above.
Exhibit B- Application
59
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE APPLICATION
Project Name and Address:_________________________________________________________________________
Parcel ID # (REQUIRED) _____________________________
APPLICANT:
Name: ______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #: ___________________________ email: __________________________________
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#: _____________________________ email:___________________________________
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Have you included the following?FEES DUE: $ ______________
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______
Affordable Housing dwelling units_____ Essential Public Facility square footage ________
616 W. Main Street
2735-124-44-009
616 W Main St LLC, a Colorado limited liability company
612 W. Main St.; Aspen, CO 81611
970.948.7297 jordanaspen1@gmail.com
BendonAdams
300 So. Spring Street #202; Asp[en, CO 81611
970.925.2855 Chris@BendonAdams.com
Reversion to residential use of an existing Victorian home.
na na 1
0 na
x
x
x
x
4,225
Exhibit 2Exhibit B- Application
60
Exhibit 3
Exhibit B- Application
61
REPORT Page 1 of 2 Rev. 12/01/2012
Document must be filed electronically.
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of filed documents, visit www.sos.state.co.us.
ABOVE SPACE FOR OFFICE USE ONLY
Periodic Report
filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S)
ID number: ______________
Entity name: ______________________________________________________
Jurisdiction under the law of which the
entity was formed or registered: ______________________________________________________
1. Principal office street address: ______________________________________________________
(Street name and number)
______________________________________________________
__________________________ _____ ____________________
(City) (State) (Postal/Zip Code)
_______________________ ______________
(Province – if applicable) (Country – if not US)
2. Principal office mailing address: ______________________________________________________
(if different from above) (Street name and number or Post Office Box information)
______________________________________________________
__________________________ _____ ____________________
(City) (State) (Postal/Zip Code)
_______________________ ______________
(Province – if applicable) (Country – if not US)
3. Registered agent name: (if an individual) ____________________ ______________ ______________ _____
(Last) (First) (Middle) (Suffix)
or (if a business organization) ______________________________________________________
4. The person identified above as registered agent has consented to being so appointed.
5. Registered agent street address: ______________________________________________________
(Street name and number)
______________________________________________________
__________________________ CO ____________________
(City) (State) (Postal/Zip Code)
6. Registered agent mailing address: ______________________________________________________
(if different from above) (Street name and number or Post Office Box information)
______________________________________________________
__________________________ _____ ____________________
(City) (State) (Postal/Zip Code)
_______________________ ______________
(Province – if applicable) (Country – if not US)
20141420717
616 W Main St LLC
Colorado
612 w main st
aspen CO 81611
United States
Nemirow Jordan
612 W Main st
Aspen 81611
Colorado Secretary of State
Date and Time: 05/23/2019 01:23 PM
ID Number: 20141420717
Document number: 20191426377
Amount Paid: $10.00
Exhibit 4Exhibit B- Application
62
REPORT Page 2 of 2 Rev. 12/01/2012
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing: ____________________ ______________ ______________ _____
(Last) (First) (Middle) (Suffix)
______________________________________________________
(Street name and number or Post Office Box information)
______________________________________________________
__________________________ ____ ______________________
(City) (State) (Postal/Zip Code)
_______________________ ______________
(Province – if applicable) (Country – if not US)
(The document need not state the true name and address of more than one individual. However, if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing, mark this box and include an attachment stating the
name and address of such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user’s
attorney.
nemirow jordan
612 w main st
aspen CO 81611
United States
Exhibit B- Application
63
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:ABS62010900 Date: 12/17/2019
Property Address:616 WEST MAIN STREET, #A, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance Closing Associate Closing Processor
Kimberly Parham
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(303) 393-4870 (Work Fax)
kparham@ltgc.com
Contact License: CO414945
Company License: CO44565
Melissa Rivera
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(800) 318-8202 (Work Fax)
mrivera@ltgc.com
Contact License: CO571649
Company License: CO44565
Marc Obadia
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(800) 318-8202 (Work Fax)
mobadia@ltgc.com
Company License: CO44565
For Title Assistance
Melissa Schroder
5975 GREENWOOD PLAZA BLVD
GREENWOOD VILLAGE, CO 80111
(303) 270-0438 (Work)
mschroder@ltgc.com
Seller/Owner
616 W MAIN ST
Attention: JORDAN NEMIROW
Delivered via: Delivered by Attorney
Builder
BENDONADAMS
Attention: CHRIS BENDON
300 S SPRING STREET
ASPEN, CO 81611
(970) 925-2855 (Work)
chris@bendonadams.com
Delivered via: Electronic Mail
Exhibit 5Exhibit B- Application
64
Land Title Guarantee Company
Estimate of Title Fees
Order Number:ABS62010900 Date: 12/17/2019
Property Address:616 WEST MAIN STREET, #A, ASPEN, CO 81611
Parties:A BUYER TO BE DETERMINED
616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY
COMPANY
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $217.00
Total $217.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Pitkin county recorded 12/27/2017 under reception no. 644063
Plat Map(s):
Pitkin county recorded 10/06/2005 under reception no. 515825 at book 75 page
31
Exhibit B- Application
65
Copyright 2006-2019 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
616 WEST MAIN STREET, #A, ASPEN, CO 81611
1.Effective Date:
12/06/2019 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY
5.The Land referred to in this Commitment is described as follows:
UNIT A, 616 WEST MAIN CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE 616 WEST
MAIN CONDOMINIUMS RECORDED OCTOBER 6, 2005 UNDER RECEPTION NO. 515825 AND AS DEFINED
AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED OCTOBER 19, 2005 AS RECEPTION
NO. 516418, COUNTY OF PITKIN, STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS62010900
Exhibit B- Application
66
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: ABS62010900
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
1.RELEASE OF DEED OF TRUST DATED DECEMBER 26, 2017 FROM JORDAN NEMIROW TO THE PUBLIC
TRUSTEE OF PITKIN COUNTY FOR THE USE OF VALERIE E. AND SAMUEL B. NEMIROW LIVING TRUST
TO SECURE THE SUM OF $501,000.00 RECORDED DECEMBER 27, 2017, UNDER RECEPTION NO. 644065.
2.RELEASE OF DEED OF TRUST DATED OCTOBER 15, 2018 FROM 616 W MAIN ST LLC, A COLORADO
LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF THE
VALERIE E. AND SAMUEL B. NEMIROW LIVING TRUST TO SECURE THE SUM OF $501,000.00 RECORDED
OCTOBER 29, 2018, UNDER RECEPTION NO. 651572.
3.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR 616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED
TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY,
ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID
ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
4.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY
MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE
ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS
CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF
THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS.
NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER.
5.WARRANTY DEED FROM 616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY TO A BUYER
TO BE DETERMINED CONVEYING SUBJECT PROPERTY.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
Exhibit B- Application
67
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.EXISTING LEASES AND TENANCIES, IF ANY.
9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN
RECORDED MARCH 19, 1889 IN BOOK 59 AT PAGE 546, PROVIDING AS FOLLOWS: THAT NO TITLE
SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY
VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS.
10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ORDINANCE OF THE CITY OF
ASPEN, NO. 60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PAGE 51.
11.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF SUBDIVISION EXEMPTION RECORDED
MARCH 23, 1979 IN BOOK 365 AT PAGE 289.
12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED
RECORDED JULY 13, 1995 IN BOOK 787 AT PAGE 51 AND QUIT CLAIM DEED GIVEN IN CONNECTION
WITH THE ABOVE AGREEMENT RECORDED JULY 13, 1995 IN BOOK 787 AT PAGE 56 AND QUIT CLAIM
DEED RECORDED SEPTEMBER 10, 1999 AS RECEPTION NO. 435369.
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE ASPEN HISTORIC
PRESERVATION COMMISSION, NO. 53, SERIES OF 1999 RECORDED DECEMBER 16, 1999 AS
RECEPTION NO. 438641.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS62010900
Exhibit B- Application
68
14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATION OF RESOLUTION OF THE ASPEN HISTORIC
PRESERVATION COMMISSION, NO. 49, SERIES OF 2000 RECORDED DECEMBER 14, 2000 AS
RECEPTION NO. 449673.
15.EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS SHOWN ON THE SURVEY RECORDED
NOVEMBER 19, 1996 IN PLAT BOOK 40 AT PAGE 96 AND SURVEY RECORDED AUGUST 9, 1999 IN PLAT
BOOK 50 AT PAGE 76.
16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF 616 WEST MAIN CONDOMINIUMS RECORDED OCTOBER 06, 2005 UNDER RECEPTION NO. 515825,
IN PLAT BOOK 75 AT PAGE 31.
17.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ENCROACHMENT
AGREEMENT RECORDED OCTOBER 11, 2005 AS RECEPTION NO. 516051.
18.THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE
A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT
RECORDED OCTOBER 19, 2005, UNDER RECEPTION NO. 516418.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS62010900
Exhibit B- Application
69
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Exhibit B- Application
70
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Exhibit B- Application
71
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Exhibit B- Application
72
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Corporation
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
Exhibit B- Application
73
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and
a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
Exhibit B- Application
74
Exhibit 6Exhibit B- Application
75
Exhibit 7Exhibit B- Application
76
Exhibit 9
616 West Main Street – Vicinity Map
Exhibit B- Application
77
N 14°50'49" E100.00N 14°50'49" E100.00N 75
°
0
9
'
1
1
"
W
30.0
0
S 75
°
0
9
'
1
1
"
E
30.0
0
(13.
4
0
'
)
(12.5
0
'
)
(4.1'
)(3.5)PORC
H
(
L
C
E
)
UNIT A
LCE A STAIRS LCE BPORCHLCE BCON
C
R
E
T
E
W
A
L
K
BAC
K
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F
C
U
R
B
LCE A
LCE B
WW
PORC
H
0.7' OVERHANG
O
M
100.
0
0
'
R
.
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.
W
.
R
E
C
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R
D
WES
T
M
A
I
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S
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R
E
E
T
SIREN
CONC PAD
UNIT B
BOARD WALKBOARD WALKWOOD DECK
LCE B
ROOF ENCROACHES
CON
C
R
E
T
E
P
A
R
K
I
N
G
CONC. WALK LCE BGM
GMALLE
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B
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4
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A
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20.3
9
'
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.
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.
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.
CITY MONUMENT SE CORNER
BLOCK 24
CITY MONUMENT SW CORNER
BLOCK 24 HORIZONTAL CONTROL 43.612.0
5.912.3
8.00.2
23.712.0
6.012.126.314.3
14.3 26.3#4 REBAR WITH 1"
RED PLASTIC CAP
LS 16129 ENCROACHMENT SEE
RECEPTION NO. 516051
#4 REBAR WITH 1"
RED PLASTIC CAP
LS 16129
3.0' WALK EASEMENT FOR THE BENEFIT OF UNIT A PLAT BK 75 PG
31 RECEPTION NO. 515825
SEE ENCROACHMENT AGREEMENT BK 787, PG 51
AND BK 787, PG 56
MAGNAIL WITH 1.5"
ALUMINUM DISC LS 16129
MAGNAIL WITH 1.5"
ALUMINUM DISC LS 16129
WALK EASEMENT FOR
THE BENEFIT OF UNIT B
PLAT BK 75 PG 31
RECEPTION NO. 515825
X
X
XXXXXXXXX
X
X
XXXXX
X
X
X
X
XXXXX XXXXXXXXXXX
X
X (2.6')UNIT BOUNDARY LINE
UNIT BOUNDARY LINE
UU
CONC. WALK BUILDING LINE(47.6')IMPROVEMENT SURVEY PLAT
UNIT B, 616 WEST MAIN CONDOMINIUMS
CITY OF ASPEN
PITKIN COUNTY, COLORADO
SURVEYOR'S CERTIFICATE
MICHAEL P. LAFFERTY PLS. # 37972
DATE:
3) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR. NO TITLE
INFORMATION FURNISHED FOR THE PREPARATION OF THIS SURVEY.
NOTES
1" = 10'
O 5 10 20
I, MICHAEL P. LAFFERTY, HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN
IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPERVISION ON 01/2020 OF THE
ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL
IMPROVEMENTS, EASEMENTS, RIGHTS-OF-WAY IN EVIDENCE OR KNOWN TO ME AND
ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN.
1) LEGAL DESCRIPTION:
UNIT B, 616 WEST MAIN CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE 616 WEST
MAIN CONDOMINIUMS RECORDED OCTOBER 6, 2005 UNDER RECEPTION NO. 515825 AND AS DEFINED
AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED OCTOBER 19, 2005 AS RECEPTION
NO. 516418.
CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
CONTAINING 0.069 ACRES +/- (3,000 SQ. FT. +/-)
2) BASIS OF BEARING:
A BEARING OF N75°09'11"W BETWEEN A FOUND ORIGINAL CITY MONUMENT PIPE WITH 1"
CAP AT THE S.E. CORNER OF BLOCK 24 AND A FOUND ORIGINAL CITY MONUMENT PIPE
WITH 1" CAP AT THE S.W. CORNER OF BLOCK 24
4) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT.
LEGEND
INDICATES FOUND MONUMENT AS DESCRIBED.
FENCE LINE
GM GAS METER
GENERAL COMMON ELEMENTGCE
LCE LIMITED COMMON ELEMENT
NOTICE: According to Colorado law you must commence any legal action based
upon any defect in this survey within three years after you first discover such defect.
In no event may any action based upon any defect in this survey be commenced more
than ten years from the date of the certification shown hereon.
DATE SURVEYED: 01/2020
REVISED:
FILE NO: 200101
CLIENT: NEMIROW
UTILITY PEDESTALSU
COLO R A D O L ICE
N
SEDMICHA E L P LA
F
F
ERTYPROFESSI
O
NAL L A N D S URVEYOR37972
1-10-20
5) POSTED ADDRESS IS 616 WEST MAIN ST.
6) SNOW ON GROUND AT TIME OF SURVEY.
Exhibit 10
Exhibit B- Application
78
Phone: 970-618-8351
Fax: 970-925-2498
Email: AspenTrueDimensions@comcast.net
True Dimensions
P.O. Box 10431
Certificate dated: January 23, 2020
TRUE DIMENSIONS
by: Leslie Miller
CERTIFICATE OF MEASUREMENT
Property: 616 West Main St.
Aspen, Colorado 81611
The undersigned hereby certifies that we have measured the property described above,
on January 23, 2020 and our findings are as follows:
Finished Heated Livable Area: 832 square feet (ANSI)
The above findings have been calculated in accordance to the guidelines for the American National
Standards Institute (ANSI), applicable to the City of Aspen, County of Pitkin, State of Colorado. The
on-site/as built calculation for finished square footage is for a condominium residence. The square footage
total has been calculated with interior wall dimensions only, which are heated, sheet rocked, and which are
considered finished space.
True Dimensions has exercised its best efforts to perform an on-site/as built measurement of the
property as accurately as possible. It is understood however that there can be some uncertainty with respect to
the accuracy of any square footage measurement due to variations in finished surfaces as well as interior and
exterior wall construction, as well as other factors.
Exhibit 11Exhibit B- Application
79
Exhibit B- Application
80
Exhibit C- Property Rental Letter
81