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AGENDA ASPEN HISTORIC PRESERVATION COMMISSION April 24, 2024 4:30 PM, City Council Chambers - 3rd Floor 427 Rio Grande Place Aspen, CO 81611 I.ROLL CALL II.MINUTES III.PUBLIC COMMENTS IV.COMMISSIONER MEMBER COMMENTS V.DISCLOSURE OF CONFLICT OF INTEREST VI.PROJECT MONITORING VI.A Project Monitoring VII.STAFF COMMENTS VIII.CERTIFICATE OF NO NEGATIVE EFFECT ISSUED IX.CALL UP REPORTS X.SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS XI.SUBSTANTIAL AMENDMENT XI.A 227 E. Bleeker St. - Substantial Amendment - PUBLIC HEARING XII.OLD BUSINESS Project Monitoring And Certificate of No Negative Effect Report.20240424.pdf PROJECT MONITORING.pdf Staff Memo.227 E Bleeker St.LPA-24-027.pdf Draft HPC Resolution #, Series of 2024.pdf Exhibit A.Design Guidelines Analysis.227 W Bleeker St..pdf Exhibit B.Application.227 E Bleeker St..pdf Exhibit C.Application Addendum.227 E Bleeker St..pdf Exhibit D.Chief Building Official Letter.227 E Bleeker St..pdf 1 1 XII.A 808 Cemetery Lane (Red Butte Cemetery) - Minor PD Amendment to a Project Review Approval, Use Variation, GMQS Review XIII.NEW BUSINESS XIV.ADJOURN XV.NEXT RESOLUTION NUMBER 808 Cemetery Lane_Project Review, Use Variation, GMQS_Memo - 4-18-2024.pdf 808 Cemetery Lane_Red Butte Cemetery_Resolution ___,Series of 2024.pdf 808 Cemetery Lane_Exhibit A_Project Review Standards Responses.pdf 808 Cemetery Lane_Exhibit B_Use Variation Standards Responses.pdf 808 Cemetery Lane_Exhibit C_GMQS Standards Responses.pdf 808 Cemetery Lane_Exhibit D_Application.pdf 808 Cemetery Lane_Exhibit E_Referral Comments.pdf 808 Cemetery Lane_Exhibit F_Public Comments through 3-8-2024.pdf 808 Cemetery Lane_Exhibit G_Consolidated Public Comment 3-11 thru 4-18.pdf 808 Cemetery Lane_Exhibit H_Red Butte Cemetery Article 1901.pdf TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS (1 Hour, 15 Minutes for each Major Agenda Item) 1. Declaration of Conflicts of Interest (at beginning of agenda) 2. Presentation of proof of legal notice (at beginning of agenda) 3. Applicant presentation (10 minutes for minor development; 20 minutes for major development) 4. Board questions and clarifications of applicant (5 minutes) 5. Staff presentation (5 minutes for minor development; 10 minutes for major development) 6. Board questions and clarifications of staff (5 minutes) 7. Public comments (5 minutes total, or 3 minutes/ person or as determined by the Chair) 8. Close public comment portion of hearing 9. Applicant rebuttal/clarification (5 minutes) 10. Staff rebuttal/clarification (5 minutes) End of fact finding. Chairperson identifies the issues to be discussed. 11. Deliberation by the commission and findings based on criteria commences. No further input from applicant or staff unless invited by the Chair. Staff may ask to be recognized if there is a factual error to be corrected. If the item is to be continued, the Chair may provide a summary of areas to be restudied at their discretion, but the applicant is not to re-start discussion of the case or the board’s direction. (20 minutes) 12. Motion. Prior to vote the chair will allow for call for clarification for the proposed resolution. Please note that staff and/or the applicant must vacate the dais during the opposite presentation and board question and clarification session. Both staff and applicant team will vacate the dais during HPC deliberation unless invited by the chair to return. 2 2 Updated: March 7, 2024 3 3 Project Monitoring and Certificate of No Negative Effect Report Historic Preservation Commission April 24, 2024 4 Project Monitoring •135 E Cooper Avenu e Certificate of No Negative Effect •330 Gillespie Street 5 330 Gillespie Street Requests: •Replacing the non- historic overhead garage door with a new one- third-lite barndoor-style garage door with overhead operation. •Replacing two non- historic doors located on the garage, in kind. 6 135 E Cooper Avenue Request: •Narrower sill, head, and jamb casing around the windows on the non-historic addition. The old proposal had a 2" wide trim and the new proposal has a reduced trim at 1/8" wide. There is still a 6" wood header above openings in the new proposal. 7 HPC PROJECT MONITORS - projects in bold are permitted or under construction 1/4/2024 Kara Thompson 300 E. Hyman 201 E. Main 333 W. Bleeker 234 W. Francis Skier’s Chalet Steakhouse 101 W. Main (Molly Gibson Lodge) 720 E. Hyman 304 E. Hopkins 312 W. Hyman 520 E. Cooper 931 Gibson 1020 E. Cooper Jeff Halferty 110 W. Main, Hotel Aspen 134 E. Bleeker 300 E. Hyman 434 E. Cooper, Bidwell 414-420 E. Cooper, Red Onion/JAS 517 E. Hopkins Lift 1 corridor ski lift support structure 227 E. Bleeker 211/213 W. Hopkins 211 W. Main 215 E. Hallam 500 E. Durant 413 E. Main Roger Moyer 227 E. Main 135 E. Cooper 110 Neale 517 E. Hopkins Skier’s Chalet Lodge 202 E. Main 320 E. Hyman (Wheeler Opera House, solar panels) 611 W. Main 132 W. Hopkins 500 E. Durant Jodi Surfas 202 E. Main 320 E. Hyman (Wheeler Opera House, solar panels) 611 W. Main 602 E. Hyman Peter Fornell 304 E. Hopkins 233 W. Bleeker 214 W. Bleeker Barb Pitchford 121 W. Bleeker 312 W. Hyman 132 W. Hopkins 214 W. Bleeker 630 W. Main 420 W. Francis 135 W. Francis Kim Raymond 630 W. Main 205 W. Main 216 W. Hyman 8 HPC PROJECT MONITORS - projects in bold are permitted or under construction 1/4/2024 Riley Warwick 420 E. Durant/Rubey Park 420 W. Francis 400 E. Cooper 9 Page 1 of 6 Memorandum LPA-24-027 TO: Aspen Historic Preservation Commission THROUGH: Kirsten Armstrong, Principal Planner, Historic Preservation FROM: Stuart Hayden, Historic Preservation Planner MEETING DATE: April 24, 2024 RE: 227 E. Bleeker St. – Substantial Amendment; PUBLIC HEARING APPLICANT /OWNER: French Road, LLC. REPRESENTATIVE: Kim Raymond Architecture & Interiors LOCATION: Street Address: 227 E. Bleeker St. Legal Description: Lot 2, East Bleeker Historic Lot Split, according to the Final Plat thereof filed on record in Plat Book 78 at Page 5 as Reception No. 521939 Parcel Identification Number: PID# 2737-073-20-014 CURRENT ZONING & USE R-6 (Moderate-Density Residential); Single-family home PROPOSED ZONING & USE: No change SUMMARY: The applicant requests a Substantial Amendment to plans approved pursuant to a development order and an associated certificate of appropriateness at 227 E. Bleeker St. for the purposes of permanently removing historic sheathing from exterior walls; and installing plastic and/or metal roofing material. STAFF RECOMMENDATION: Staff recommends denial of this Substantial Amendment on all counts. Figure 1. Site Location Map – 227 East Bleeker St. 10 Page 2 of 6 BACKGROUND: Constructed around 1883, the one-story, wood-frame dwelling at 227 E. Bleeker St. exemplifies the “Miner’s Cottage,” a vernacular style of architecture that reflects Victorian sensibilities, local building customs, and homeowners’ means. These relatively utilitarian buildings usually had 1- to 2-stories, steep roofs, vertical sash windows, and front porches with few decorative elements. In fact, the historic resource at 227 E. Bleeker St. exhibits all of the style’s common characteristics identified in the Historic Preservation Design Guidelines: Overall, simple building forms; 1-story, covered porch, usually at the intersection of the two wings; projecting bay windows; wood clapboard siding; shingle roof; and two front doors, a social custom. By 1980, several alterations had been made, including an enclosed front porch, new cladding, and a shed-roofed addition at the northeast corner. These alterations, however, did not annul the building’s overall historic integrity. A sufficient percentage of the structure appears to remain from the Victorian era. Most of the building’s structural system, materials, and key character defining features remain intact. It is these elements that allow a building to be recognized as a product of its time. In 2005, a historic lot split halved the original 9,000-square-feet parcel, but the historic resource remained relatively unchanged until March 2021. HPC Resolution #06, Series of 2021 approved with conditions Final Major Development for restoration and relocation of the historic home on a new basement and foundation, the construction of a new addition, setback variations, and a floor area bonus for 227 E. Bleeker St. The monitoring committee has since approved no fewer than 23 insubstantial amendment requests for this project. Of the few disapprovals, only the proposed installation of EcoStar Empire Shake was appealed pursuant to Subsection 26.415.070(e)(1)e. The disassembly and removal of historic exterior wall material, on the other hand, was formally remanded to the HPC as a Substantial Amendment. At its meeting on March 27, 2024, the HPC approved with conditions the disassembly of the historic wood siding and continued the public hearing regarding the roofing material and historic sheathing described in the “Project Summary” below. The HPC also asked for a letter from the Chief Building Official (attached hereto as “Exhibit C”) addressing the proposed wall assembly. In the interim, the applicant submitted an additional roofing material (attached hereto as “Exhibit B”) for HPC review. Figure 2. Photograph of front façade at 227 E. Bleeker St., 1980 Figure 3. Current property line on 1904 Sanborn Map 11 Page 3 of 6 REQUEST OF HPC: The Applicant is requesting the following approval: • Substantial Amendment (Sec. 26.415.070(e)(2)) to approved plans that materially modify the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted. The HPC is the final review authority for Substantial Amendments. PROJECT SUMMARY: • Exterior Wall. The applicant proposes to permanently remove roughly 700 square feet of historic wood wall sheathing to install fiberglass-reinforced-magnesium-oxide-treated oriented strand board (OSB), a waterproof membrane, and furring strips to the exterior of the historic studs. • Synthetic Roofing Material. The applicant proposes to install EcoStar-brand Empire Shake atop the historic resource. These 3/8-inch-thick, 20-inches-long, plastic tiles are available in six-, nine-, and twelve-inch widths and can be installed to have a seven-, eight- or nine-inch exposure, depending on roof slope. The synthetic surface is molded with vertical ridges to emulate the rough woodgrain of hand-split wood shakes. A wide variety of integral colors are available. • Metal Roofing Material. The applicant proposes to install Drexel Metals-brand DMC 100NS profile, self-locking sheet-metal roofing. The 16-inch-wide, 120-inch-long steel or aluminum panels have a one-inch concealed Snap Lock and Clip Relief Panel Rib. The applicant has selected Silver and Zinc, though a wide range of color coatings, including “low-gloss colors” are available. Figure 4. Locations of historic wood sheathing. Figure 5. Historic clapboard and wood sheathing. 12 Page 4 of 6 STAFF REVIEW: As detailed in Exhibit A, staff find the application for substantial amendment at 227 E. Bleeker St. inconsistent with the relevant Historic Preservation Design Guidelines. Exterior Wall: Removing and disposing of roughly 700 square feet of historic wood sheathing contradicts Guideline 2.1. Rather than “preserve original building materials” this aspect of the proposed amendment contributes to the subtle degradation of the building’s historic integrity and depletes the historic record of an irreplaceable primary resource. Trading the historic sheathing for fiberglass-reinforced-magnesium-oxide-treated oriented strand board (OSB) and waterproof membrane only adds to this incongruity. Guideline 2.4. states that “original building materials…should not be replaced with synthetic materials.” Maintaining the existing material, repairing deteriorated historic features, and replacing only those elements that cannot be repaired is one of four basic principles that form the foundation of the Historic Preservation Design Guidelines. It is not a technical detail, but rather elemental to the treatment of historic properties. Accordingly, maintaining the historic sheathing, repairing it in place, and installing new sheathing only where historic sheathing does not exist is a more appropriate treatment of the historic resource. Adding a waterproof membrane thereto and a shear panel inside would help meet the desired building performance without sacrificing the building itself. Staff recommend denial of the application for a Substantial Amendment to permanently remove the historic wood sheathing. Synthetic Roofing Material: Where a smooth-sawn wood shingle was the original roofing material, a plastic replica of hand-split wood shake does not satisfy Guideline 7.7. The material is not “similar to the original” in “style,” “physical qualities,” or “color.” The EcoStar product has an exaggerated wood-grain texture that replicates a style of rustic hand-split wood that is unlike the smooth-sawn finish of wood shingles. The divergent physical qualities of wood and plastic usually need little explanation. The long-term performance and appearance of Empire Shake, however, has yet to be seen. Exposure to Aspen’s climate is at least unlikely to make these materials any more similar over time. The color of the proposed material is also dissimilar to that of natural wood shingles. Empire Shake tiles are unnaturally consistent and monochromatic. Unlike the natural color variations that help the original material blend with the environment, the proposed substitute stands apart and stands out. Uneven weathering of the plastic may eventually produce some visual variation, the aesthetic quality of which is unknown. The EcoStar product also does not meet Guideline 7.8. This material does not convey a scale, color, or texture similar to the original. Even at their smallest, each plastic tile is larger than would be common of a wood shingle. Whereas each wood shingle may have an exposure of 3- 7.5 inches, that of the proposed substitute is 7-9 inches. The Empire Shake is also noticeably reflective. Not only is a sheen unseen on the matte surface of a wood shingle, but this characteristic also defies the call for roof material to have a matte, non-reflective finish. 13 Page 5 of 6 Without evidence that 227 E. Bleeker St. had a plastic simulacrum of wood shake, the proposed material does not meet Guideline 7.9. Installing Empire Shake equates to adding ornamental cresting. It creates a false impression of the building’s original appearance and perpetuates a broader historic fallacy regarding the rusticity and remoteness of Aspen. By the time 227 E. Bleeker St. was constructed, milled wood shingles were ubiquitous in the city. Moreover, respecting the historic design character of the building is one of four basic principles that form the foundation of the Historic Preservation Design Guidelines. Changing a building’s style, making it look older than it is, and confusing the character by mixing elements of different styles are not appropriate. Synthetic or cedar, molded or hand-split, the rough, ridged, woodgrain surface and larger scale of shake roofing material disregards the historic design character of 227 E. Bleeker St. Although “the character of the roof is a major feature for most historic structures” to which “the roof pitch, materials, size and orientation are all distinct features that contribute,” the Design Guidelines specifically identify “shingle roof” as a distinguishing characteristic of the Miner’s Cottage. Staff recommend denial of the application for a Substantial Amendment to install EcoStar Empire Shake. Metal Roofing Material: Where wood shingle was the original roofing material, installing the proposed Drexel Metals product does not meet Guideline 7.7. It is fundamentally dissimilar to the original in style, physical qualities, and color. The proposed roofing material also blatantly contradicts Guideline 7.8. It calls a metal roof “inappropriate for an Aspen Victorian primary home.” Despite the request for a matte, non-reflective finish, and the availability of several “Low-Gloss Colors,” the application proposes two “Metallics,” Silver and Zinc. Furthermore, by attempting to “emulate historic metal roof,” as claimed in the application addendum, this proposal also fails to meet Guideline 7.9. Although similar roofing materials were common in Aspen at the time, Sanborn Fire Insurance Maps indicate the primary structure at 227 E. Bleeker St. had “slate or tin” roofing material only on the rear addition. Adding it now creates a false impression of the building’s original appearance for which there is not merely a lack of evidence, but support to the contrary. Staff recommend denial of the application for a Substantial Amendment to install Drexel Metals sheet metal roofing material. 14 Page 6 of 6 REFERRAL COMMENTS: The application was not referred out to other City departments. Their requirements may, nevertheless, affect the permit review if warranted. RECOMMENDATION: Staff recommends the HPC deny the three proposed Substantial Amendment requests. ATTACHMENTS: Resolution # __, Series of 2024 Exhibit A – Historic Preservation Design Guidelines / Staff Findings Exhibit B – Application Exhibit C – Application Addendum Exhibit D –Letter from Chief Building Official Figure 6: Examples of installed wood shingle, EcoStar Empire Shake, and Drexel Metals DMC 100NS Profile Sheet Metal 15 HPC Resolution #__, Series of 2024 Page 1 of 3 RESOLUTION #__, (SERIES OF 2024) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING SUBSTANTIAL AMENDMENT REVIEW FOR THE PROPERTY LOCATED AT 227 EAST BLEEKER STREET, LOT 2, EAST BLEEKER HISTORIC LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOF FILE ON RECORD IN PLAT BOOK 78 AT PAGE 5 AS RECEPTION NO. 521939, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL ID: 2735-124-20-014 WHEREAS, the applicant, French Road, LLC, represented by Kim Raymond Architecture + Interiors, requested HPC approval for Substantial Amendment to plans approved pursuant to a development order and an associated certificate of appropriateness for the property located at 227 East Bleeker Street, Lot 2, East Bleeker Historic Lot Split, according to the Final Plat thereof filed on record in Plat Book 78 at Page 5 as Reception No. 521939, City and Townsite of Aspen, Pitkin County, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;” and WHEREAS, for approval of Substantial Amendment, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070(e)(2) of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Community Development Department staff reviewed the application for compliance with the applicable review standards and recommended the HPC deny the Substantial Amendment as proposed; and WHEREAS, during a duly noticed public hearing on March 27, 2024 and April 24, 2024, the HPC reviewed and considered the application, staff memo, and public comments, finding the application did not meet the applicable review standards and guidelines, and denied the application by a vote of __ to __. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby denies Substantial Amendment of plans approved pursuant to a development order and an associated certificate of appropriateness for the property located at 227 East Bleeker Street, Lot 2, East Bleeker Historic Lot Split, according to the Final Plat thereof filed on record in Plat Book 78 at Page 5 as Reception No. 521939, City and Townsite of Aspen, Pitkin County, Colorado as follows: 16 HPC Resolution #__, Series of 2024 Page 2 of 3 Section 1: Substantial Amendment Review – Historic Wall Sheathing The HPC hereby denies Substantial Amendment for the removal historic wall sheathing with the following requirements: 1. Any new sheathing material will be installed to the exterior of the building only where historic sheathing does not exist or has degraded beyond repair. 2. Any waterproof membrane installed over the historic sheathing must be affixed in such a manner that its eventual removal will not damage the historic material. Section 2: Substantial Amendment Review – Synthetic Roofing Material The HPC hereby denies Substantial Amendment for the installation of EcoStar Empire Shake roofing material. Section 3: Substantial Amendment Review – Metal Roofing Material The HPC hereby denies Substantial Amendment for the installation of the proposed metal roofing material with the following requirements: 1. The applicant will be allowed to resubmit an application to install the proposed metal roofing material following any future amendment to the Historic Preservation Design Guidelines that may affect the HPC’s review thereof. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 5: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to 17 HPC Resolution #__, Series of 2024 Page 3 of 3 properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site-specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 227 East Bleeker Street Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting on the 24th day of April, 2024. Approved as to Form: Approved as to Content: __________________________________ ____________________________________ Katharine Johnson, Assistant City Attorney Kara Thompson, Chair ATTEST: _________________________________ Mike Sear, Deputy City Clerk 18 Page 1 of 4 Exhibit A Historic Preservation Design Guidelines Criteria Staff Findings 26.415.070(e) – Substantial Amendment to a Certificate of Appropriateness (2) Substantial amendments. a. All changes to approved plans that materially modify the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted must be approved by the HPC as a substantial amendment. b. An application for a substantial amendment shall include the following materials, as determined appropriate by the Community Development Director: 1. A revised site plan. 2. Revised scaled elevations and drawings. 3. Representations of building materials and finishes. 4. Photographs and other exhibits to illustrate the proposed changes. c. The Community Development Director shall review the application materials submitted for approval of a substantial amendment and waive any submittals not considered necessary for consideration. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. d. Notice for the review of an application for a substantial amendment will include publication, posting and mailing pursuant to Section 26.304.060(e)(3) Paragraphs a, b and c. e. Staff shall review the submittal material and prepare a report that analyzes the extent of the changes relative to the approved plans and how the proposed revisions affect the project's conformance with the design guidelines and other applicable Land Use Codes. This report will be transmitted to the HPC with relevant information on the proposed revisions and a recommendation to continue, approve, disapprove, or approve with conditions and the reasons for the recommendation. f. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. 19 Page 2 of 4 Relevant Historic Preservation Design Guidelines & Findings The applicant requests a Substantial Amendment to the Certificate of Appropriateness at 227 E. Bleeker St. for the purposes of replacing historic wall sheathing and installing synthetic and/or metal roofing material. Chapter 2: Building Materials Finding 2.1 Preserve original building materials. • Do not remove siding that is in good condition or that can be repaired in place. • Masonry features that define the overall historic character, such as walls, cornices, pediments, steps and foundations, should be preserved. • Avoid rebuilding a major portion of an exterior wall that could be repaired in place. Reconstruction may result in a building which no longer retains its historic integrity. • Original AspenModern materials may be replaced in kind if it has been determined that the weathering detracts from the original design intent or philosophy. Not Met 2.4 Do not use synthetic materials as replacements for original building materials. • Original building materials such as wood siding and brick should not be replaced with synthetic materials. Not Met Chapter 7: Roofs 7.7 Preserve original roof materials. • Avoid removing historic roofing material that is in good condition. When replacement is necessary, use a material that is similar to the original in both style as well as physical qualities and use a color that is similar to that seen historically. Not Met 7.8 New or replacement roof materials should convey a scale, color and texture similar to the original. • If a substitute is used, such as composition shingle, the roof material should be earth tone and have a matte, non-reflective finish. • Flashing should be in scale with the roof material. • Flashing should be tin, lead coated copper, galvanized or painted metal and have a matte, non-reflective finish. • Design flashing, such as drip edges, so that architectural details are not obscured. • A metal roof is inappropriate for an Aspen Victorian primary home but may be appropriate for a secondary structure from that time period. • A metal roof material should have a matte, non-reflective finish and match the original seaming. Not Met 20 Page 3 of 4 7.9 Avoid using conjectural features on a roof. • Adding ornamental cresting, for example, where there is no evidence that it existed, creates a false impression of the building’s original appearance, and is inappropriate. Not Met Staff Findings: Chapters 2 and 7 of the Historic Preservation Design Guidelines are particularly relevant to this application for a Substantial Amendment to the Certificate of Appropriateness at 227 E. Bleeker St. Whereas the guidelines in Chapter 2 apply to the HPC’s consideration of the proposed removal and replacement of the historic wood sheathing, Chapter 7 pertains to the proposed installation of plastic and/or metal roofing material. Removing and Disposing of Historic Sheathing The proposal to remove historic wall sheathing contradicts the clear directive to “preserve original building materials” in Guideline 2.1. The existing portions of the exterior can be repaired in place and augmented where necessary to “avoid rebuilding a major portion of an exterior wall.” Reconstructing roughly half of the exterior walls as proposed will contribute to the loss of the building’s historic integrity. Guideline 2.4 overtly discourages the “use synthetic materials as replacements for original building materials.” Insofar as the proposed fiberglass-reinforced-magnesium-oxide-treated oriented strand board (OSB) and waterproof membrane qualify as synthetic materials, their use in place of the historic wood sheathing fails to meet this guideline; “Original building materials…should not be replaced with synthetic materials.” Staff recommend denial of removing historic sheathing. Installing EcoStar Empire Shake Roofing Where a smooth-sawn wood shingle was the original roofing material, a plastic replica of hand-split wood shake does not satisfy Guideline 7.7. The material is not “similar to the original” in “style,” “physical qualities,” or “color.” The EcoStar product has an exaggerated wood-grain texture that replicates a style of rustic hand-split wood that is unlike the smooth-sawn finish of wood shingles. The divergent physical qualities of wood and plastic need little explanation, and exposure to Aspen’s climate is unlikely to make these materials more similar over time. The long- term performance and appearance of Empire Shake has yet to be seen. The color of the proposed material is also dissimilar to that of natural wood shingles. Empire Shake tiles are unnaturally consistent and monochromatic. Unlike the natural color variations that help the original material 21 Page 4 of 4 blend with the environment, the proposed substitute stands apart and stands out. Uneven weathering of the plastic may eventually produce some visual variation, the aesthetic quality of which is unknown. The EcoStar product also does not meet Guideline 7.8. This material does not convey a scale, color, or texture similar to the original. Even at their smallest, each plastic tile is larger than would be common of a wood shingle. Whereas each wood shingle may have an exposure of 3- 7.5 inches, that of the proposed substitute is 7-9 inches. The Empire Shake is also noticeably reflective. Not only is this sheen unseen on the matte surface of a wood shingle, this characteristic defies the guideline for roof material to have a matte, non-reflective finish. Furthermore, the proposed material does not meet Guideline 7.9. Installing Empire Shake equates to adding ornamental cresting. It creates a false impression of the building’s original appearance and perpetuates a broader historic fallacy regarding the rusticity and remoteness of Aspen. By the time 227 E. Bleeker St. was constructed, milled wood shingles were ubiquitous in the city. Staff recommend denial of installing EcoStar Empire Shake atop the historic resource. Installing Drexel Metals DMC 100NS Profile Roofing Where wood shingle was the original roofing material, installing the proposed Drexel Metals product does not meet Guideline 7.7. It is fundamentally dissimilar to the original in style, physical qualities, and color. The proposed roofing materal also blatantly contradicts Guideline 7.8. It calls a metal roof “inappropriate for an Aspen Victorian primary home.” Despite the call for a matte, non-reflective finish and the option of several “Low Gloss Colors” on offer, the application identifies two “Metalics,” Silver and Zinc. By attempting to “emulate historic metal roof,” as claimed in the application addendum, this proposal also fails to meet Guideline 7.9. Although similar roofing materials were common in Aspen at the time, Sanborn Fire Insurance Maps indicate the primary structure at 227 E. Bleeker St. had “slate or tin” roofing material only on the rear addition. Adding it now creates a false impression of the building’s original appearance for which there is not merely a lack of evidence, but support to the contrary. Staff recommend denial of installing Drexel Metals DCM 100NS profile roofing atop the historic resource. Staff Recommendation: Staff recommend denial of all three proposals submitted as part of this Substantial Amendment request. 22 PRE-APPLICATION SUMMARY PRE-23-148 DATE: January 2, 2024 PLANNER: Stuart Hayden, Historic Preservation Planner, stuart.hayden@aspen.gov REPRESENTATIVE: Milo Stark, Kim Raymond Architecture & Interiors, milo@krai.us PROJECT LOCATION: 227 E. Bleeker Avenue PARCEL ID: 2737-073-20-014 REQUEST: Substantial Amendment to a Major Development Approval, Relocation, Setback Variations and Floor Area Bonus DESCRIPTION: HPC Resolution #26, Series of 2020 approved with conditions Conceptual Major Development, Relocation, Setback Variations and a Floor Area Bonus for 227 East Bleeker Street in December 2020. HPC Resolution #06, Series of 2021 approved with conditions Final Major Development for 227 East Bleeker Street in March 2021. The property was sold to its current owner in October 2021. Since then, HPC staff, the Project Monitor (Jeff Halferty) and HPC have reviewed and approved several elements, including the following: • September 2022: The relocation, resizing, or removal of approved fenestration on the approved connector and addition, a design for the front wood picket fence, and the enlargement of the approved surface parking space next to the approved addition; • December 2022: The replacement of an approved window with a door on the approved connector, the change of material and finish of the approved siding on the approved addition and connector, the addition of 13 solar panels to the roof of the approved addition, the change of size and operation of windows on the approved addition, the change of roofing material on the historic resource, and the addition of a retractable fabric roof over the balcony of the approved addition. • February 2023: The resizing or removal of approved windows on the approved addition, the relocation of non-historic windows on the historic resource, and the addition of three heat pumps outside the approved addition. • March 2023: The change to the railing on the balcony of the approved addition, and the change to the color of the roofing material. • May 2023: The addition of 21 solar panels to the roof of the historic building as supported by the majority of HPC members after a staff and monitor request for direction. • September 2023: the addition of a rooftop-terminating radon pipe and a wall-terminating gas-fireplace vent, the addition of a gas-fireplace vent through a historic chimney of the historic resource, and the replacement of non-historic windows on the historic resource. 23 The HPC Project Monitor and staff are currently reviewing requests for insubstantial amendments for the resizing and reorientation of heat pumps and construction of a screening wall next to the approved addition, and the addition of a layer of sheathing to the approved addition wall assembly. Pursuant to Aspen Land Use Code Subsection 26.415.070(e), disapproval of a request for an insubstantial amendment may be appealed to the HPC to be considered in accordance with the procedures for substantial amendments. As expressed by members of the HPC during its meeting on December 13, 2023, such an appeal would be appropriate for the applicant’s request to remove the historic siding, replace historic sheathing with new sheathing, and reinstall the historic wood siding around the entire historic resource. As stated in Aspen Land Use Code Subsection 26.415.70(e)(2), “all changes to approved plans that materially modify the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted must be approved by the HPC as a substantial amendment.” In this instance, an application for a substantial amendment shall be in writing accompanied by scaled drawings of the historic resource as previously approved and as proposed application, representations of building materials and finishes, and photographs or other exhibits to illustrate the proposed changes. If the application is determined to be complete, staff will notify the applicant in writing, and schedule a public hearing before the HPC. Notice for the review of an application for a substantial amendment will include publication, posting and mailing pursuant to Section 26.304.060(e)(3)a-c. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the Historic Preservation Design Guidelines and all other applicable Land Use Code sections. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. As with all HPC decisions, a substantial amendment may be appealed by any person with a right to appeal as defined in Land Use Code Chapter 26.314. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.415.070(e) Historic Preservation – Amendments, Insubstantial and Substantial 26.415.120 Appeals, Notice to City Council and Call-Up 26.490.050 Development Agreements 26.575.020 Calculations and Measurements 24 For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code Historic Preservation Design Guidelines Review by: Staff for completeness and recommendation, and HPC for final decision Public Hearing: Yes, at HPC Review Planning Fees: $1,950 for 6 billable hours of staff time. (Additional/fewer hours will be billed/refunded at a rate of $325 per hour.) Referral Agencies Fee: $0. Total Deposit: $1,950. APPLICATION CHECKLIST: Below is a list of submittal requirements for HPC substantial amendment review. Please email the entire application as one pdf to CDEHadmins@aspen.gov. The fee will be requested after the application is determined to be complete. Completed Land Use Application and signed Fee Agreement. Pre-application Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. List of adjacent property owners for both properties within 300’ for public hearing. A written description of the proposal (scope of work) and written explanation of how the proposed development complies with the review standards and design guidelines relevant to the application. An accurate representation of all relevant building materials and finishes approved and proposed for the development. Supplemental materials to provide a visual description of the context surrounding the designated historic property including photographs and other exhibits, as needed, to accurately depict location and extent of proposed work. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 25 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 February 7, 2024 Kirsten Armstrong Stuart Hayden Historic Preservation Officers Dear Kirsten, Stuart and Members of the Commission, As you know, our client, Ken Hubbard, is very concerned about the safety of his family that will be living in the home he is currently building at 227 E Bleeker. Along with the concerns for his family’s safety and wellbeing, he is working hard to make this project a model of energy efficiency and sustainability. His goal is to obtain LEED Platinum or Gold even with the extra effort needed to do this on the remodel of a historic cabin. At this point we are just a few points from achieving the platinum level. At this time, Ken is especially concerned about fire hazard. The fire in HI struck a deep chord in him and he is determined to find the best fireproof or fire resistive materials available on the market to harden the exterior of his home. Knowing that the City of Aspen passed an ordinance regarding the hardening of the exterior of homes in April of last year, he is very encouraged that he may be able to use materials that will make his new home more fire resistant. As the architects for this home, we are also very concerned about the building means and methods. The building sciences have progressed tremendously in the past 5-10 years, creating better buildings and indoor living spaces. And these methods and materials can be applied to the historic structures. The two main areas of our concern with the historic home are the structural sheathing that is mostly missing from the building; and what sheathing is there, is vertical boards, which add no shear strength to the structure, thus the need for the contractor to straighten and square the building with bracing before putting it back down on it’s new foundation. This layer of vertical boards is not a solid surface either, making it nearly impossible to add an appropriate waterproofing layer. 26 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 Vertical boards that are on part of the building, which do not provide shear, or a surface to which a good waterproof membrane can be attached. It is this water proofing layer that will help protect the actual structure of the historic home for the next century. The following section of this letter outlines the importance and benefits of the current building science. By incorporating these practices, we will be designing systems and assemblies that will truly protect not only the family inside, but the actual historic structure. We are completely committed to the preservation of the historic buildings that we are hired to renovate and bring up to current living standards, so these homes can have a new life in modern Aspen. As architects, we are also keenly interested in the progressive building sciences that are being developed to create a better built environment for the inhabitants while creating a building that is energy efficient, fire resistant, sustainable and that will last for the 27 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 next 100 years with the addition of all the new technology and demands that are placed on buildings. Our intention is not to undermine the historic preservation efforts that are currently in place but rather, to educate or at the very least bring to your attention to the critical role that responsible and progressive building science practices play in the planning and execution of all development and re-development projects; in this case the renovation of historic resources. Please remember that when these little cabins, Victorian homes and mountain chalets were constructed in the late 1800s through the early 1900s, that the methods and materials executed then were the best that were available at that time. As in every other arena, the progress of technology continues to change and improve. So too, the materials, means and methods of construction have been changing to meet the current demands of our society. At this point, beyond the comfort of the inhabitants, the protection of the actual historic structure and the insurability of the building, we are also concerned with the larger issues of sustainability and persevering the environment. The effects of climate change are already having huge impacts and consequences on the built and natural environment. For example, the wildfires that destroy entire communities, the more extreme temperatures that require more cooling and heating that taxes our electrical grids, the lack of snow that affects our livelihoods in ski towns and continues the cycle of less moisture = more fires. We have opportunities every day to do small things that can help alter the course of climate change. It is our intention to do our part, as architects, to do as much as possible in the design and construction arena to protect our environment. It is our strong belief that we can create buildings that are structurally sound and protected from moisture damage by designing better details of building envelopes. These details will in turn, be more energy efficient and fire resistant. In the following information, please think about how these principles can be applied to new construction and to the preservation of historic homes, while maintaining the look and appeal of the historic resources. Building Science encompasses a multidisciplinary approach that integrates various scientific principles to optimize the performance of buildings in terms of energy efficiency, durability, comfort, and overall environmental impact. Our community continues to strive for excellence in these arenas as illustrated with the City’s ambitious goal of being Net Zero by 2050 and the building department’s adoption of more strict energy and fire hardening codes every year. It is now up to those of us in the design and construction industry to do everything in our power to support these goals. This includes every building in the valley, including the historic resources. The following section of this letter outlines the importance and benefits of the current building sciences. By incorporating these practices, we will be designing systems and assemblies that will truly protect not only the family inside, but the actual historic structure: 1. Energy Efficiency: Building science helps design structures that are energy-efficient, reducing the overall energy consumption of the community. This not only contributes to 28 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 environmental conservation but also results in cost savings for both developers and residents. 2. Durability and Resilience: Implementing building science principles ensures that structures are resilient to natural disasters and extreme weather conditions. This, in turn, minimizes repair and reconstruction costs and enhances the safety of our community. This also insures that homes can be insured. Many insurance companies will not insure homes that have not hardened the exterior of their homes against fire. This hardening also protects the actual historic structure, even if the exterior gets some fire damage. 3. Indoor Environmental Quality: Building science emphasizes the importance of creating indoor spaces that promote the health and well-being of occupants. Proper ventilation, lighting, and thermal comfort are integral components of a building's design that impact the quality of life for its inhabitants. 4. Building Envelope: the design of a home’s wall and roof assemblies that are airtight, properly insulated and protected contribute to energy efficiency, indoor air quality and the preservation of the structure by keeping moisture from accumulating inside these components. This keeps the structure from rotting and prevents mold. Please note additional information on this point in the conversation below regarding waterproofing. 5. Sustainable Development: Incorporating sustainable practices in construction aligns with the global commitment to reducing the carbon footprint. Building science encourages the use of eco-friendly materials, energy-efficient systems, and waste reduction strategies. 6. Long-Term Cost Savings: Although implementing building science principles may involve initial investments, the long-term benefits far outweigh the costs. Reduced energy bills, lower maintenance expenses, and increased property values are among the financial advantages of prioritizing building science. 7. Re-Use and Re-Cycle: By redeveloping buildings, remodeling and keeping many building materials out of the landfill is another aspect of construction that the building sciences have been studying. How does one make an old building meet new energy codes, the demands of today’s society and preserve our important history. There are many new building materials on the market that can be used to simulate historic materials or that can be used in conjunction with existing historic fabric. These are the areas in historic preservation that we need to address locally. These materials will allow these historic homes to meet today’s huge cultural demands, energy and fire codes and contribute to the goal of reaching Net Zero by 2050. Waterproofing membranes play a crucial role in preserving and protecting historic homes. These membranes are essential components in maintaining the structural integrity and longevity of the building. Here are several reasons why incorporating waterproofing membranes into historic homes is of paramount importance: 1. Preservation of Historical Materials: Historic homes often feature unique and irreplaceable materials that may be vulnerable to water damage, such as wood, plaster, and ornate architectural details. Waterproofing 29 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 membranes help safeguard these materials, preventing deterioration, rot, and decay caused by water infiltration. 2. Prevention of Structural Damage: Water damage can compromise the structural integrity of a building. Waterproofing membranes act as a barrier against moisture, preventing it from penetrating walls, foundations, and other structural elements. This helps avoid issues like foundation settling, sagging floors, and structural instability. 3. Mold and Mildew Prevention: Excessive moisture in historic homes can create an environment conducive to mold and mildew growth. These fungi not only pose health risks but can also cause irreversible damage to historical materials. Waterproofing membranes inhibit moisture intrusion, thus reducing the risk of mold and mildew formation. 4. Protection of Historical Interiors: Many historic homes boast intricate interior designs, including ornate plasterwork, decorative moldings, and vintage finishes. Water damage can ruin these features, leading to expensive restoration efforts. Waterproofing membranes help maintain the integrity of historical interiors by preventing water-related deterioration. 5. Mitigation of Efflorescence and Staining: Water infiltration can lead to the migration of salts within building materials , resulting in efflorescence – the formation of white, powdery deposits on surfaces. Additionally, water can cause staining on historic facades and interiors. Waterproofing membranes provide a protective barrier, minimizing the occurrence of efflorescence and unsightly stains. 6. Energy Efficiency: Waterproofing membranes contribute to the overall energy efficiency of a historic home by preventing air and water leaks. This helps maintain a consistent indoor climate, reducing the workload on heating and cooling systems. Improved energy efficiency not only enhances comfort but also supports the sustainable use of historic structures. 7. Preservation of Landscaping and Surroundings: Proper waterproofing prevents water from infiltrating the building envelope and seeping into the surrounding landscape. This is particularly important in preserving historic gardens, pathways, and other outdoor features that contribute to the overall historical character of the property. Incorporating waterproofing membranes into historic homes is a proactive measure that ensures the continued viability and cultural significance of these structures. By protecting against water-related issues, these membranes contribute to the long-term preservation of our architectural heritage for future generations. As we all know, our climate is very dry, so many ask why we need to be so concerned about moisture. Many of the historic homes that have been redeveloped seem to be ‘just fine’ and show little signs of damage from the moisture that has infiltrated the building over the years. 30 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 But as new building methods, materials, heating/cooling and ventilation systems are incorporated into these old structures, we need to be more concerned with condensation inside the walls and roofs and the infiltration of moisture from the outside elements. We need to include all the new methods that create energy efficiency, without causing unintentional damage to the structure by trapping moisture within the wall cavities. On another note, we also need to be concerned with the structural stability of these homes. These older buildings didn’t have the structural codes or “know how” that we have now. As all of you have seen, all these buildings are out of square, the walls are not plumb or straight and the roofs, though still intact are sagging. To preserve and restore these buildings to their historic look, we need to incorporate more shear and structure into them. This will ensure that they continue to look as they did when first constructed for the next hundred plus years. It is with these intentions and desires that we come before the Historic Preservation Commission. We want this home at 227 E Bleeker to become a model of the marriage of historic preservation and the latest building sciences. We are very grateful to have a client that is so committed to the principles of good building, energy efficiency and fire resistance that he has hired many consultants and continues to push us, his architects and builders to find better solutions, all at extra cost to himself; which will benefit the entire community. Please think seriously about our future in this beautiful valley as you evaluate this information. It will be information that you can use in all the homes that come before you as a Commission in the coming years. We invite the HPC to join us in demanding better construction that will result in better preservation. Attached below as Exhibits, you will find a presentation of what was originally approved by the HPC for this home. This was before Ken had purchased the property; before he had any say in the decisions being made by the developer. We as a team, realize that we have been before you for other changes as initiated by the Interior Designer and appreciate your time and experience to now look at the actual building envelope. Roof Material As we all know, asphalt shingles have been the “go to” material for historic homes for decades now. We also all know that they do not look anything like a cedar shingle; but have been approved and used for years because there was nothing better on the market. We are proposing the EcoStar Empire series shingles. These shingles are a synthetic material that is reminiscent of cedar shingles to maintain the look of the historic home; but that have the sustainability factor of a material that is warrantied for 50 yrs or a lifetime AND that has the fire resistive quality to harden this home against fire hazard. The proposed shingles are also UL rated Class A without an additional underlayment. These EcoStar shingles come custom colors, which we are exploring to find a color that is the most like cedar shingles. There is a mock-up of the proposed EcoStar shingles on the roof of the bay window of the historic structure. Many of you have seen it. If you would like to visit again, please feel free to go by and take a look any time. If you would like to call Scott Hershey to set up a time, he is the site superintendent and he would be happy to show them to you. 508-277-0872. 31 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 We realize that no material will looks just like cedar shingles, but it is our belief that these shingles look more like cedar than Asphalt and have better performance. Siding Material The wood siding that is existing on the old home is actually in pretty good shape as it was protected from the weather for decades by Transite shingles, which are an asbestos-cement composite. Ironically, these transite shingles beyond being durable they are fireproof; this house was way ahead of it’s time. That said, the existing wood siding material is old and in much need of repair to look as it did when the home was first built. We will also have to mill additional material to match where we cannot repair and where the material is just missing. See information below on steps we will take to accomplish this in the Historic Guidelines section. Please see the attached details of what was previously approved and what we are now proposing for a better wall assembly as Exhibits A-E at the end of this letter. Another serious concern for Ken and others of our clients, is the issue of getting insurance to cover their homes. Many insurance companies are now requiring homeowners to remove flammable materials on the exterior of their homes and replace it or underlay it with non- combustible material. We believe the entire industry has become more aware of the need for entire communities to share in the responsibility to make their homes more fire resistant, thus making entire neighborhoods and towns less susceptible to the devastation that was just suffered in Hawaii. Aspen, in particular, is in a similarly vulnerable situation as the islands of HI in that there is only one way out of the valley in the winter and two slow ways to evacuate in the summer. A truly tragic situation would be to have a fire blaze through town as many homes are completely covered in flammable materials, both the walls and the roofs. Those homes that have hardened the exterior materials will likely be the only ones standing. Thus the structure of the historic 32 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 cabin will be preserved and could be repaired. If the entire thing is burned down, it is just lost forever. For your consideration we have included one roofing option and a new wall assembly. The detail of the wall assembly has many benefits as listed here; 1. Shear strength is added to the structure with 7/16” Flameblock 2. This flat surface allows for a great waterproof substrate 3. The waterproofing will protect the historic wood studs 4. The shear layer provides a 1hour fire rated layer to the exterior = fire hardened 5. The existing wood siding will be maintained on the historic cabin 6. The home will be insurable with the fire hardened material underlayment Land Use Code Sections that are relevant to this project Section 26.415.070 (e)(2) Substantial amendments. a. All changes to approved plans that materially modify the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted must be approved by the HPC as a substantial RESPONSE: The proposed method of adding a layer of fireproof sheathing to this building will not materially change the look of the historic home. By carefully removing the siding and trim, and installing a layer of 7/16” material under everything, and then placing the newly preserved materials back on the cabin, will not change the look, as the relationships between the siding and trim will remain the same. As noted, some of the building has a layer of 1” thick, vertical boards under the siding and the remainder of the home has no material under the siding. To maintain the look of the building as closely as possibly, we have developed two details, one for each area. The area that has the 1” vertical boards, we will install small runners under the FlameBlock to maintain the same dimension as is existing. The areas with no material under the siding will receive just the 7/16” layer, which is insubstantial in the overall look of the building; it will not be noticeable. We strongly believe that this small change, with all the benefits that have been discussed, far outweigh the imperceptible change in the width of the home. Historic Guidelines that are relevant to this project CHAPTER 2 BUILDING MATERIALS 2.1 Preserve original building materials. Do not remove siding that is in good condition or that can be repaired in place. RESPONSE: Much of exterior siding of this home was fairly well preserved under the asphalt shingles for the past 40-50 years; and some of it has been destroyed by the numerous additions and other work done by the various owners down through the decades. This siding will need to be removed and replaced with wood that is milled to match the original. 33 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 To preserve this home and the rest of the exterior materials, we are proposing to number and carefully remove the existing siding and trim to fully refurbish each piece. It will be sanded, repaired where necessary and given a layer of protective sealer on every side to protect it for the next 100 years. The newly protected wood siding and trim will be placed back in the exact same place from which it was taken. The new wood that is milled to match, to fill in where the old is either rotted through or broken beyond repair will receive the same protective layer of sealer. The structure of the home will be covered in 7/16” LP FlameBlock material before the siding in returned; this will protect the structure in the event of a fire. The exterior material may be lost, but the structure will be saved. The other great benefit of this material is that is also a structural shear panel. This home, as you may recall, has no shear panels on most of the historic structure, and not a good layer of waterproofing. Our interest in using this LP FlameBlock is three-fold; we can add much needed shear to the walls, give ourselves a solid and flat surface to waterproof the historic structure and create the desired fire rated assembly for the occupants. This is in keeping with current building science, and similar to the detail recently approved at 227 E Main. We will work closely with our monitor during the entire process; doing one wall or section at a time to be sure nothing is done out of sequence; and he can be sure we are following our protocol with each board going back to its original place. Please see the attached details showing the previously approved materials and wall assemblies in comparison to what we are proposing now. As the currently approved wall assembly cannot be warrantied and will not protect the structure from moisture, we strongly encourage you to allow this new assembly. 2.2 The finish of materials should be as it would have existed historically RESPONSE: The wood siding and trim will be painted; as it was originally. 2.3 Match the original material in composition, scale and finish when replacing materials on primary surfaces. RESPONSE: We are determined to save as much of the historic material as feasible. Our intent is to be meticulous in removing the siding so as to put it ALL back. Since it has been protected from the elements for such a long time, we feel it is in good enough shape to be removed, preserved and replaced with very little loss of historic material. We have all of the means and methods available to us to make this cabin a model of preservation. Do not use synthetic materials as replacements for original building materials. RESPONSE: For the siding and trim, we agree that putting synthetic siding on the cabin will change the look and not maintain the historic integrity of the resource. We have searched for alternative material that would be suitable but have come up empty handed. This is why we are proposing keeping the existing siding, fully preserved, and installed over fireproof material. The 7/16” of material, will not noticeably change the look of the building materials; and we feel that this small difference, weighed against the potential upside of saving the structure is worth the effort, time and expense. 34 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 As mentioned, the owner is willing to take on the huge expense of this sort of preservation for the safety of his family and the preservation of the home in the event of a wildfire. CHAPTER 7 BUILDING MATERIALS 7.7 Preserve original roof materials - Avoid removing historic roofing material that is in good condition. When replacement is necessary, use a material that is similar to the original in both style as well as physical qualities and use a color that is similar to that seen historically. RESPONSE: As has been the practice of the HPC and Historic Preservation officer for the past many years wood shingles have been replaced with asphalt shingles in the desire to follow city fire code and protect homes. We too will be replacing the old wood shingles as this home has already received approval to use asphalt shingles on the historic roof. At this juncture, we feel that there are other better materials to put on the roof than asphalt shingles to protect the home from the elements and fire. Since the City code has ban the use of wood shingles on all roofs, except for those on historic homes; and since the precedent of synthetic materials have replaced them we would like to propose a different material. For the reasons noted above, we feel the EcoStar shingles are a better alternative for this historic cabin than the asphalt shingles. Both the asphalt shingles and the EcoStar shingles have issues with looking exactly like cedar shingles, as nothing can replace natural materials perfectly, “nature” is always the best looking. 7.8 New or replacement roof materials should convey a scale, color and texture similar to the original. RESPONSE: The synthetic shingle we are proposing is low profile like a cedar shingle, has little texture and comes in widths that are consistent with cedar shingles. Compared to the asphalt shingles that are much thinner and have a very different texture than wood shingles. Of course, all synthetic materials look “funny” when holding one piece in your hand, but when they are applied to a roof and the perspective is seeing them as one would see cedar shingles, they are much more comparable aesthetically. We will have a very low -profile metal flashing at the roof and windows, the minimal to provide adequate water proofing, but it will not detract from the look of the historic cabin. The flashing will blend in color with the roofing so as not to draw attention to it. Summary 1. New Ecostar shingles are proposed to replace the previously approved asphalt. 2. The new wall assembly that allows us to remove, preserve and return the existing siding over a new layer of 7/16” Flameblock for shear and waterproofing needs. We believe that these proposed changes are completely in alignment with the goals of preserving the history of Aspen; as the mass, scale, character and look of the cabin will be maintained. These proposed changes are also contributing to the goals of the City to make neighborhoods more fire resistant and energy efficient. Additionally, we invite you to review the attached letters from not only Jan Legersky, the Aspen Fire Marshall, but also other experts in the industry that are committed to safety and historic preservation. We have also included articles that give more detail than we can give in this 35 501 E. Hyman Ave, Suite 201 | Aspen, Colorado | 81611 | 970.925.2252 letter or presentation. These letters are Exhibit G. And Exhibit H has a couple of Building science articles for your reference. We understand and will comply with Sections 26.304; 26.415.070(e); 26.425.120; 26.490.050; and 26.575.020. The calculations and measurements are not changing with these proposed changes. Thank you all for your thoughtful consideration of this information. We hope that after learning more about the current science of building homes, you will be as enthusiastic as we are to see how all the historic resources can be protected from the environment and fires, while maintaining their historic relevance and appearance. The owners of this home are very grateful for the opportunity to come before you to discuss these alternatives. They are eager to preserve the historic cabin while also making it fire resistant and energy efficient. We believe we have come up with solutions that can be married successfully to achieve the goals of both the HPC and the owners. Thank you all for your thoughtful consideration of this information. Mr. Hubbard and his family are excited to finish the construction and move into this preserved home. Respectfully, Kim Kim Raymond KIM RAYMOND ARCHITECTURE + INTERIORS www.kimraymondarchitects.com Exhibit A Approved assembly with sheathing Exhibit B Approved assembly with sheathing 3D section Exhibit C Approved assembly without sheathing Exhibit D Existing “sheathing” locations per Koru Exhibit E Proposed Assembly Exhibit F Proposed Assembly 3D section Exhibit G Letters from experts and other concerned parties Exhibit H Building Science articles Exhibit I Flameblock and EcoStar spec sheets 36 227 E BLEEKER VICINITY MAP 37 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. 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From Parcel: 273707320014 on 10/26/2020 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 38 MONARCH BUILDING LLC WOODY CREEK, CO 81656 PO BOX 126 HODGSON PATRICIA H FAMILY TRUST ASPEN, CO 81611 212 N MONARCH ST CRMX-236 LLC DILLON, MT 59725 PO BOX 1031 JBC PREFERRED PROPERTIES LLC DELRAY BEACH, FL 33483 1005 BROOKS LN 232 EAST MAIN STREET LLC CHICAGO, IL 60614 2001 N HALSTED #304 KRIBS KAREN REV LIV TRUST ASPEN, CO 81612 PO BOX 9994 EAST BLEEKER DUPLEX CONDO ASSOC ASPEN, CO 81611 232 E BLEEKER ST ROCKING LAZY J PROPS LLC ASPEN, CO 81611 202 E MAIN ST ASPEN MILL HOLDINGS II LLC ASPEN, CO 81611 730 E DURANT AVE #200 223 HALLAM LLC ASPEN, CO 81611 1315 MOUNTAIN VIEW DR 203 E HALLAM LLC ASPEN, CO 81611 101 S MILL ST # 200 BERKO STUDIO LLC ASPEN, CO 81611 215 E HALLAM ST #1 208 MAIN LLC ASPEN, CO 81611 623 E HOPKINS AVE BERKO STUDIO DUPLEX CONDO OWNER ASSOC ASPEN, CO 81611 E HALLAM 227 EAST MAIN LLC ASPEN, CO 81611 312 AABC #D WHITMAN RANDALL A MIAMI BEACH, FL 331404230 2817 LAKE AVE MTK TRUST AUSTIN, TX 78703 1 NILES RD 201 N MILL ASSOCIATES LLC ASPEN, CO 81611 730 E DURANT AVE #200 WOLKE LAUREN B TARZANA, CA 91356 4109 GREENBRIAR LN LE VOTAUX II CONDO ASSOC ASPEN, CO 81611 COMMON AREA 117 N MONARCH ST PEARCE BERNARD D ASPEN, CO 81611 216 E MAIN ST CHAFFEY DUAN ASPEN, CO 81611 201 N MILL ST # 1A SOUTHWEST JLK CORP FORT WORTH, TX 761024116 301 COMMERCE ST #1600 JBC PREFERRED PROPERTIES LLC DELRAY BEACH, FL 33483 1005 BROOKS LN BLEEKER MILL DEVELOPMENT LLC NEW YORK, NY 10154 345 PARK AVE 33RD FL MC2 PARTNERS LLC CHICAGO, IL 60610 30 W OAK ST #7B WHITMAN RANDALL A MIAMI BEACH, FL 331404230 2817 LAKE AVE 201 EAST MAIN STREET LLC CHICAGO, IL 60614 2001 N HALSTED ST #304 ASPEN COMM UNITED METHODIST CHURCH ASPEN, CO 81611 200 E BLEEKER ST 303 EAST MAIN LLLP ASPEN, CO 81612 PO BOX 8016 39 HODES ALAN & DEBORAH AVENTURA , FLA 33180 19951 NE 39TH PLACE ICONIC PROPERTIES JEROME LLC HOUSTON, TX 77077 1375 ENCLAVE PKWY HODGSON PHILIP R ASPEN, CO 81611 212 N MONARCH ST BERKO NORA ASPEN, CO 81611 211 E HALLAM ST #2 ASPEN MILL HOLDINGS II LLC ASPEN, CO 81611 730 E DURANT AVE #200 MALLORY I HOWELL ASPEN, CO 81611 211 E HALLAM ST #2 OTIS REAL ESTATE HOLDINGS LLC ASPEN, CO 81611 602 W HALLAM WOLKE LAUREN B TARZANA, CA 91356 4109 GREENBRIAR LN CARLS REAL ESTATE LLC ASPEN, CO 81612 PO BOX 1365 BLU VIC CONDO ASSOC ASPEN, CO 81611 202 N MONARCH ST MILL BUILDING CONDO ASSOC ASPEN, CO 81611 201 N MILL ST BLEEKER MILL DEVELOPMENT LLC NEW YORK, NY 10154 345 PARK AVE 33RD FL BLEEKER MILL DEVELOPMENT LLC NEW YORK, NY 10154 345 PARK AVE 33RD FL PEARCE RICHARD B ASPEN, CO 81611 216 E MAIN ST ICONIC PROPERTIES JEROME LLC HOUSTON, TX 77077 1375 ENCLAVE PKWY MILL BUILDING ASSOCIATION INC ASPEN, CO 81611 730 E DURANT AVE #200 RODNEY JOHN W BASALT , CO 81621 20 RIVER OAKS LANE CJB REALTY INVESTORS LLC MISSION HILLS, KS 66208 6544 WENONGA CIR MONARCH HOUSE LLC MIAMI, FL 33130 120 SW 8TH ST WOLKE LAUREN B TRUST #1 TARZANA, CA 91356 4109 GREENBRIAR LN WOLKE LAUREN B TRUST #1 TARZANA, CA 91356 4109 GREENBRIAR LN PEGOLOTTI DELLA ASPEN, CO 81611 202 E MAIN ST BROWN KIM ASPEN, CO 816111557 201 N MILL ST #102 SHORT DIANA & CAMERON ASPEN, CO 81611 201 N MILL ST #2C SCHIRATO JASON P ASPEN, CO 816111557 201 N MILL ST #102 MINERS REAL ESTATE LLC ASPEN, CO 81612 PO BOX 1365 1543 LLC DENVER, CO 80202 1543 WAZEE ST #400 ASPEN MILL HOLDINGS LLC ASPEN, CO 81611 400 E MAIN ST #2 AJAX/COMET LLC NEW YORK, NY 10128 170 E END AVE PH2A ASPEN CORNER OFFICE LLC ASPEN, CO 81611 200 E MAIN ST 40 LAYNE MATTHEW & KRISTIN ASPEN, CO 81611 201 NORTH MILL ST #2A HANEY DEVELOPMENT CO LLC DENVER, CO 802061327 PO BOX 6680 209 EAST BLEEKER LLC ASPEN, CO 81611 625 E HYMAN AVE #201 MADDEN WALTER ROSS ASPEN, CO 81611 218 N MONARCH ST HANEY DEVELOPMENT CO LLC DENVER, CO 802061327 PO BOX 6680 BTRSARDY LLC PALO ALTO , CA 94306 PO BOX 61239 MYRIN CUTHBERT L JR ASPEN, CO 81612 PO BOX 12365 225 NORTH MILL ST LLC NEW YORK, NY 10036 1530 BROADWAY 4TH FL 41 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1.Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2.Land Use Application Form 3.Dimensional Requirements Form (if required) 4.HOA Compliance Form 5.Development Review Procedure All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet at https://library.municode.com/co/aspen/codes/municipal_code. We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or email. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions that are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day (970-429-2764/planneroftheday@gmail.com), or consult the applicable sections of the Aspen Land Use Code. 42 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications that normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) also will be collected when necessary. Flat fees are cumulative, i.e., an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff also may charge their time spent on the case in addition to the Case Planner. The deposit amount may be reduced if, in the opinion of the Community Development Department Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the Case Planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee(s). The Community Development Department shall keep an accurate record of the actual time required to process a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the Department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval, all billing shall be reconciled, and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval, all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, any unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 43 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name: Representative Name (if different from Property Owner): Billing Name and Address - Send Bills to: Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner, I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration unless invoices are paid in full. The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: 44 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) 45 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1)Number of Units 2)Parcel Density (see 26.710.090.C.10) 3)FAR (Floor Area Ratio) 4)Floor Area (square feet) Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition 5) Maximum Height 6) Front Setback 7) Rear Setback 8) Side Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1)FAR (Floor Area Ratio) 2)Floor Area (square feet) 3)Maximum Height 4)Free Market Residential(square feet) 4)Front setback 5)Rear setback 6)Side setbacks 7)Off-Street Parking Spaces 8)Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 46 April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowner association or other form of private c ovenant. □This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners a ssociation or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Date: Owner printed name: or, Attorney signature: Date: Attorney printed name: 47 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 DEVELOPMENT REVIEW PROCEDURE 1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process applies to your development proposal and will identify the materials necessary to review your application. 2.Submit Development Application. Based on your pre-application meeting, you should complete to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3.Determination of Completeness. Within five (5) working days of the date of your submission, staff will review the application and notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4.Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. Staff will draft a memo for signature by the Community Development Director that explains whether your application complies with the Code, and will list any conditions that should apply if the application is to be approved. Final approval of any Development Application that amends a recorded document, such as a plat, agreement, or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat. The City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, the Planning staff will schedule a hearing date for the application upon determination that the application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date. (Please see Attachment 6 for instructions.) The Planning staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the applicant with a copy of the Planning staff’s memo, approximately five (5) days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public hearings include a presentation by the Planning staff, a presentation by the applicant (optional), consideration of public comment, and the reviewing board’s questions and decision. (Continued on next page) 48 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 6.Issuance of Development Order. If the land use review is approved, then the Planning staff will issue a Development Order, which allows the applicant to submit a building permit application. 7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may apply for a building permit. During this time, your project will be examined for its compliance with the Uniform Building Code. It also will be checked for compliance with applicable provisions of the Land Use Regulations that were not reviewed in detail during the land use case review. (This might include a check of floor area ratios, setbacks, parking, open space and the like). Impact fees for water, sewer, parks, and employee housing will be collected as part of the permitting process. Any document required to be recorded, such as a plat, deed restriction, or agreement, will be reviewed and recorded before a building permit application is submitted. 49 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 1 of 16 ALTA Commitment for Title Insurance (8-1-16) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Commitment COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. First American Title Insurance Company If this jacket was created electronically, it constitutes an original document. 50 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 2 of 16 ALTA Commitment for Title Insurance (8-1-16) COMMITMENT CONDITIONS 1.DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. 51 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 3 of 16 ALTA Commitment for Title Insurance (8-1-16) (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. 52 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 4 of 16 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule A Transaction Identification Data for reference only: Issuing Agent:Winter VanAlstine Issuing Office:Attorneys Title Insurance Agency of Aspen, LLC Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.: Commitment No.:20004528 Issuing Office File No.:20004528 Property Address:227 East Bleeker Street, Aspen, CO 81611 SCHEDULE A 1. Commitment Date: September 1, 2020 at 07:45 AM 2. Policy or Policies to be issued: Amount Premium A.ALTA Owners Policy (06/17/06)$3,600,000.00 $6,650.00 Proposed Insured:227 East Bleeker LLC, a Colorado limited liability company Certificate of Taxes Due $25.00 Endorsements: CO-110.1 (Delete 1, 2, 3, 4)$75.00 Additional Charges:$0 Total $6,750.00 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. The Title is, at the Commitment Date, vested in: Rosa H. Gettman Family Trust, dated November 19, 2007 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 227 East Bleeker Street, Aspen, CO 81611. 53 SCHEDULE A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 5 of 16 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A Attorneys Title Insurance Agency of Aspen, LLC By: Winter VanAlstine Authorized Officer or Agent FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. 54 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 6 of 16 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII Commitment No: 20004528 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. 6.Evidence that all assessments for common expenses, if any, have been paid. 7.Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company 8.Special Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from the Rosa H. Gettman Family Trust, dated November 19, 2007 to 227 East Bleeker LLC, a Colorado limited liability company, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) requires that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9.Full disclosure from Seller, of any monetary liens and open Deeds of Trust of record. If you have any knowledge of an outstanding obligation secured by the subject property, you must contact us immediately for further review prior to closing. 10.A true and correct copy of the Trust Agreement which creates the Rosa H. Gettman Family Trust, dated November 19, 2007 providing, among other things, the designation of the trustee(s) and specification of the trustee(s) powers under that trust. 55 ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 7 of 16 Disclosure Statement (5-1-15) Colorado 11.Record a Statement of Authority to provide prima facie evidence of existence of the Rosa H. Gettman Family Trust, dated November 19, 2007, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172 and C.R.S. Section 38-30-108.5. 12.Certificate of Good Standing from the Colorado Secretary of State for 227 East Bleeker LLC, a Colorado limited liability company. 13.Record a Statement of Authority to provide prima facie evidence of existence of 227 East Bleeker LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 14.A copy of the properly signed and executed Operating Agreement if written, for 227 East Bleeker LLC, a Colorado limited liability company, to be submitted to the Company for review. 15.Evidence furnished by the Office of the Director of Finance, City of Aspen, that the following real estate taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and; (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990); pursuant to the Warranty Deed dated November 19, 2007, and recorded November 21, 2007, as Reception No. 544296. 16.Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. 17.Receipt by the Company of the appropriate Lease Affidavit indemnifying the Company against any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 18.This Title Commitment is subject to underwriter approval. 56 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 8 of 16 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Commitment No.: 20004528 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment 6.Any and all unpaid taxes, assessments and unredeemed tax sales. 7.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 8.Any water rights, claims of title to water, in, on or under the Land. 9.Taxes and assessments for the year 2020, and subsequent years, a lien not yet due or payable. 57 ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 9 of 16 Disclosure Statement (5-1-15) Colorado 10.Terms, conditions, provisions, agreements and obligations specified under the Act authorizing the issuance of the Patent for the City and Townsite of Aspen, recorded March 1, 1897, in Book 139 at Page 216 as Reception No. 060156. 11.Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 6 (series of 1959, An Ordinance Accepting a Map Entitled "Official Map of the City of Aspen, Pitkin County, State of Colorado," as the Official Map of the City of Aspen: Providing for Dedication of all Streets and Alleys, Except Such Streets and Alleys Heretofore Vacated; And Providing for the Filing of Said Map, Field Notes, and Supplemental Plats with the Clerk and Recorder for Pitkin County, dated November 2, 1959, and recorded December 18, 1959, in Book 189 at Page 354 as Reception No. 109043; and any and all notes, easements and recitals as disclosed on the Willets Map recorded November 12, 1969 in Plat Book 4 at Page 27 as Reception No. 137902. 12.Terms, conditions, provisions, agreements and obligations specified under the Easement Agerement with the City of Aspen dated August 14, 1986, and recorded December 11, 1986, in Book 524 at Page 835 as Reception No. 283966. 13.Terms, conditions, provisions, agreements and obligations specified under Resolution No. 26, Series of 2005, a Resolution of the Aspen Historic Preservation Commission Reommending Approval of an Application for a Historic Landmark Lot Split, Including Subdivision Exemption and GMQS Exemption, and Granting an Approval for Setback Variances at 227 East Bleeker Street, Lots E, F and G, Block 73, City and Townsite of Aspen, dated July 13, 2005, and recorded August 11, 2005, as Recepiton No. 513429. 14.Terms, conditions, provisions, agreements and obligations specified under the Revocable Encroachment License dated November 11, 2005, and recorded December 2, 2005, as Reception No. 518031. 15.Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 34 (Series of 2005), an Ordinance of the Aspen City Council Approving a Subdivision Exemption for a Historic Landmark Lot Split at 227 E. Bleeker Street, Lots E, F and G, Block 73, City and Twonsite of Aspen, Pitkin County, Colorado, dated August 22, 2005, and recorded January 17, 2006, as Reception No. 519805. 16.Terms, conditions, provisions, agreements and obligations specified under the Subdivision Exemption Agreement for the Historic Landmark Lot Split at 227 East Bleeker Street, dated February 15, 2006, and recorded March 17, 2006, as Reception No. 521938. 17.Any and all notes, easements and recitals as disclosed on the Final Plat of East Bleeker Historic Landmark Lot Split, Lots E, F & G, Block 73, City & Townsite of Aspen, recorded on March 17, 2006, in Plat Book 78 at Page 5 as Reception No. 521939. 18.Any loss or damage due to the fence lines not corresponding to the lot lines, as disclosed on the Improvement Survey Plat provided by Aspen Survey, dated August 28, 2020, as File No. 2008193. 19.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. NOTE: Upon receipt of a Lease Affidavit from Seller, this exception will not appear on the final title policy. 58 Form 5000000-EX (7-1-14)Page 10 of 16 Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Exhibit A File No.: 20004528 The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: Lot 2, EAST BLEEKER HISTORIC LOT SPLIT, according to the Final Plat thereof filed on record in Plat Book 78 at Page 5 as Reception No. 521939, Pitkin County, Colorado. 59 Form 50-CO-Disclosure (4-1-16)Page 11 of 16 Disclosure Statement (5-1-15) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and material-men’s liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. 60 Form 50-CO-Disclosure (4-1-16)Page 12 of 16 Disclosure Statement (5-1-15) Colorado NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. 61 TELEPHONE 970 925-7328 FACSIMILE 970 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on application or other forms. Information about your transactions we secure from out files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 62 63 64 65 66 French Road, LLC 227 E Bleeker Street Aspen, CO 81611 February 8, 2024 To Whom It May Concern: This letter authorizes Kim Raymond and her team of architects at Kim Raymond Architecture + Interiors to represent French Road, LLC through the HPC review and permitting process. Kim can be found at 501 E Hyman Street, Suite 205, Aspen, CO 81611. The office number is 970-925-2252. kim@krai.us. Thank you for your consideration of this matter. Respectfully, French Road, LLC by Ken Hubbard, manager 67 NEW TYVEK STUCCO-WRAP (BETWEEN FRAMING AND INSULATION) EXISTING WOOD SIDING TO REMAIN, TO BE RE-PAINTED FINISHED GRADE TO BE 6" BELOW BOTTOM OF WOOD FRAMED WALL PER IRC R317 EXISTING 1" VERTICAL WOOD "SHEATHING", ONLY IN SELECT LOCATIONS (SEE PLAN & ALT. DETAIL WITHOUT SHEATHING) EXISTING 2x4 STUDS TO REMAIN WALL ASSEMBLY SUSCEPTIBLE TO WATER DAMAGE & POOLING @ HISTORIC FRAMING AS WELL AS NEW ON SILL PLATE NEW TYVEK STUCCO-WRAP (BETWEEN HISTORIC FRAMING & INSULATION EXISTING WOOD SIDING TO REMAIN, TO BE RE-PAINTED EXISTING 2x4 STUDS TO REMAIN NEW 2x4 STAGGERED STUDS SISTERED ONTO EXISTING 2x4 STUDS FOR STRUCTURAL SUPPORT EXISTING 1" VERTICAL WOOD "SHEATHING", ONLY IN SELECT LOCATIONS (SEE PLAN & ALT. DETAIL WITHOUT SHEATHING) NEW 2x4 STAGGERED STUDS SISTERED ONTO EXISTING 2x4 STUDS FOR STRUCTURAL SUPPORT 2 6 2 4 2 4 2 4 2 4 2"3 1/2"1 3/4" 5 1/2" 5 1/2" 2"1 3/4"3 1/2" NEW SKIRT BOARD METAL FLASHING W/ DRIP EDGE CONTINUOUS AIR SEALER NEW BASEBOARD WALL SILL PLATE, TYP. SILL GASKET SEALER, TYP. TREATED SILL PLATE NEW 5 1/4" BASE TRIM PIECE NEW PLYWOOD SUBFLOORING NEW FINISHED FLOOR NEW 1 1/2" TOPPING SLAB W/ RADIANT HEAT 5/8" GYPSUM WALL BOARD 5 1/2" SPRAY-IN INSULATION NEW 5 1/2" SPRAY-IN INSULATION NEW 5/8" GYPSUM WALL BOARD CURRENTLY APPROVED EXTERIOR WALL ASSEMBLY AT HISTORIC RESOURCE (WITH 1" "SHEATHING") INTERIOR EXTERIOR INTERIOR EXTERIOR DETAIL SECTION VIEW DETAIL PLAN VIEW 68 NEW TYVEK STUCCO-WRAP (BETWEEN FRAMING AND INSULATION) EXISTING WOOD SIDING TO REMAIN, TO BE RE-PAINTED WALL ASSEMBLY SUSCEPTIBLE TO WATER DAMAGE & POOLING @ HISTORIC FRAMING AS WELL AS NEW ON SILL PLATE EXISTING 1" VERTICAL WOOD "SHEATHING", ONLY IN SELECT LOCATIONS (SEE PLAN & ALT. DETAIL WITHOUT SHEATHING) NEW 2x4 STAGGERED STUDS SISTERED ONTO EXISTING 2x4 STUDS FOR STRUCTURAL SUPPORT EXISTING 2x4 STUDS TO REMAIN PROPOSED EXTERIOR WALL ASSEMBLY AT HISTORIC RESOURCE 3D SECTION VIEW CURRENTLY APPROVED EXTERIOR WALL ASSEMBLY AT HISTORIC RESOURCE (WITH 1" "SHEATHING") 69 NEW TYVEK STUCCO-WRAP (BETWEEN FRAMING AND INSULATION) EXISTING WOOD SIDING TO REMAIN, TO BE RE-PAINTED FINISHED GRADE TO BE 6" BELOW BOTTOM OF WOOD FRAMED WALL PER IRC R317 EXISTING 2x4 STUDS TO REMAIN WALL ASSEMBLY SUSCEPTIBLE TO WATER DAMAGE & POOLING @ HISTORIC FRAMING AS WELL AS NEW ON SILL PLATE NEW TYVEK STUCCO-WRAP (BETWEEN FRAMING AND INSULATION) EXISTING WOOD SIDING TO REMAIN, TO BE RE-PAINTED EXISTING 2x4 STUDS TO REMAIN NEW 2x4 STAGGERED STUDS SISTERED ONTO EXISTING 2x4 STUDS FOR STRUCTURAL SUPPORT NEW 2x4 STAGGERED STUDS SISTERED ONTO EXISTING 2x4 STUDS FOR STRUCTURAL SUPPORT 2 6 2 4 2 4 2 4 2 4 3/4" 3 1/2"2" 5 1/2" 5 1/2" 2" 3/4" 3 1/2" NEW SKIRT BOARD METAL FLASHING W/ DRIP EDGE CONTINUOUS AIR SEALER NEW BASEBOARD WALL SILL PLATE, TYP. SILL GASKET SEALER, TYP. TREATED SILL PLATE NEW 5 1/4" BASE TRIM PIECE NEW PLYWOOD SUBFLOORING NEW FINISHED FLOOR NEW 1 1/2" TOPPING SLAB W/ RADIANT HEAT 5/8" GYPSUM WALL BOARD 5 1/2" SPRAY-IN INSULATION NEW 5 1/2" SPRAY-IN INSULATION NEW 5/8" GYPSUM WALL BOARD CURRENTLY APPROVED EXTERIOR WALL ASSEMBLY AT HISTORIC RESOURCE (WITHOUT "SHEATHING") INTERIOR EXTERIOR INTERIOR EXTERIOR DETAIL SECTION VIEW DETAIL PLAN VIEW 70 WEST & SOUTH WALLS HAVE 1" VERTICAL WOOD "SHEATHING" EAST PATIO WALL HAS 1" VERTICAL WOOD "SHEATHING" EAST WALL HAS 1" VERTICAL WOOD "SHEATHING" NORTH-EAST WALL HAS 1" VERTICAL WOOD "SHEATHING" HISTORIC RESOURCE SHED PATIO FRONT PORCH LINK 1/4" = 1'-0" 71 EXISTING WOOD SIDING TO BE RE- APPLIED IN SAME LOCATION, TO BE RE-PAINTED FINISHED GRADE TO BE 6" BELOW BOTTOM OF WOOD FRAMED WALL PER IRC R317 NEW FURRING STRIPS EXISTING 2x4 STUDS TO REMAIN NEW WATERPROOFING MEMBRANE HISTORIC FRAMING & SILL PLATE BELOW PROTECTED BY WATER- PROOFING MEMBRANE NEW 7/16" FLAME-BLOCK SHEATHING EXISTING WOOD SIDING TO BE RE- APPLIED IN SAME LOCATION, TO BE RE-PAINTED NEW WATERPROOFING MEMBRANE NEW 7/16" FLAME-BLOCK SHEATHING NEW FURRING STRIPS NEW TYVEK STUCCO-WRAP (BETWEEN FRAMING AND INSULATION) EXISTING 2x4 STUDS TO REMAIN NEW TYVEK STUCCO-WRAP (BETWEEN FRAMING AND INSULATION) NEW 2x4 STAGGERED STUDS SISTERED ONTO EXISTING 2x4 STUDS FOR STRUCTURAL SUPPORT NEW 2x4 STAGGERED STUDS SISTERED ONTO EXISTING 2x4 STUDS FOR STRUCTURAL SUPPORT 2 6 2 4 2 4 2 4 2 4 2"3 1/2"1 3/4" 5 1/2" 5 1/2" 2"1 3/4"3 1/2" NEW SKIRT BOARD CONTINUOUS AIR SEALER WALL SILL PLATE, TYP. SILL GASKET SEALER, TYP. TREATED SILL PLATE NEW 5 1/4" BASE TRIM PIECE NEW PLYWOOD SUBFLOORING SAME DIMENSION AS EXISTING SAME DIMENSION AS EXISTING METAL DRIP EDGE OVER SKIRT BOARD NEW BASEBOARD NEW FINISHED FLOOR NEW 1 1/2" TOPPING SLAB W/ RADIANT HEAT 5/8" GYPSUM WALL BOARD 5 1/2" SPRAY-IN INSULATION NEW 5 1/2" SPRAY-IN INSULATION NEW 5/8" GYPSUM WALL BOARD INTERIOR EXTERIOR INTERIOR EXTERIOR PROPOSED EXTERIOR WALL ASSEMBLY AT HISTORIC RESOURCE DETAIL SECTION VIEW DETAIL PLAN VIEW 72 NEW 7/16" FLAME-BLOCK SHEATHING NEW WATERPROOFING MEMBRANE NEW FURRING STRIPS EXISTING WOOD SIDING TO BE RE- APPLIED IN SAME LOCATION, TO BE RE-PAINTED HISTORIC FRAMING & SILL PLATE BELOW PROTECTED BY WATER- PROOFING MEMBRANE NEW 2x4 STAGGERED STUDS SISTERED ONTO EXISTING 2x4 STUDS FOR STRUCTURAL SUPPORT EXISTING 2x4 STUDS TO REMAIN PROPOSED EXTERIOR WALL ASSEMBLY AT HISTORIC RESOURCE 3D SECTION VIEW 73 Pioneers in Sustainable Roofing Since 1993 Highly Sustainable | Highest Testing Performance | Proven Longevity | Uncompromised Beauty Empire Shake Aspen Blend in Fresh Cut Cedar Empire Shake Aspen Blend in Feathered Driftwood Empire Shake Aspen Blend in Driftwood Wide Range Empire Shake in Bedford Black Empire Shake & Empire Shake Plus 74 An affordable and environmentally friendly alternative to natural shake, Empire Shake (3/8” thick) and Empire Shake Plus (3/4” thick) are natural-looking synthetic shake roofing tiles that come in an even blend of 6”, 9” and 12” widths. Aspen Blend replicates the look of thick, hand-split wood by using a combination of 2/3 Empire Shake and 1/3 Empire Shake Plus tiles. These synthetic shake tiles are Class A fire-rated and manufactured from 25% post-industrial recycled materials. They provide superior protection from the most extreme elements such as rain, wind, hail, snow, fire, extreme temperature change and the sun’s UV rays. Little-to-no maintenance combined with a 50-year warranty means a trouble-free roofing solution with lasting performance. Available in 14 standard colors, 10 factory blends, 8 marbled blends and an array of custom color options, Empire Shake and Empire Shake Plus provide the opportunity to showcase the beauty of natural shake at a fraction of the cost. Advantages • The look of traditional cedar shake without extensive maintenance • Easy application keeps installation costs down • Factory pre-blended for color & width • Significant property insurance discounts may be available when upgrading or building a roof to protect against the elements Architectural Flexibility • Available in 14 standard colors, 10 factory blends, 8 marbled blends and unlimited custom colors • Empire Shake and Empire Shake Plus can be blended together for unique architectural depth • Packaged in a blend of 6”, 9” and 12” widths • The 3/8” thick Empire Shake and 3/4” thick Empire Shake Plus create the natural appearance of traditional cedar shake Strength & Durability • Provides superior durability and protection from extreme weather conditions that include fire, wind, hail and driving rain • 19” length provides up to 7” of headlap protection against wind-driven rain and ponding snow melt (at 6” reveal) • Significant life cycle savings Environmental Sustainability • Manufactured with post-industrial recycled materials • Enjoy additional energy savings from our line of Cool Colors, available in 11 Empire colors Technical Information • UL listed Class A or C fire resistance (UL 790) • Category highest Wind Speed resistance • UL Class 4 impact resistance (UL 2218) • Prolonged UV Exposure (ASTM G155) • UL Evaluation Report, AC07-UL ER 18920-01 • Fungus resistant (ASTM G21-09) • Miami-Dade County, Florida NOA No. 17-1227.10 11/07/23 • Texas Dept. of Insurance Evaluation (RC-135) • May contribute to LEED® points • Manufactured in strict adherence to ISO 9001:2015 Quality Management Warranty Options • 50-Year Limited Material Warranty available • 50-Year Gold Star Labor & Material Warranty available Empire Shake Standard Colors Empire Shake & Empire Shake Plus Bedford Black Manhattan Midnight*Freeport Federal*Saranac Smoke*Sea Salt*Geneva Grove*Fairport Fern* Monticello Merlot*Tioga Terra CottaDrifting Dunes*Hampton Harbour*Auburn Acorn* Saratoga Sunset* Plymouth Patina Featured tiles: Empire Shake in Hampton Harbour 42 Edgewood Drive | Holland, NY 14080 | 800.211.7170 | www.ecostarllc.com © 2023 by EcoStar, LLC. EcoStar is a trademark of EcoStar, LLC. P/N 606004. Color samples may not accurately represent the true color level or variations of color blends that will appear on the roof. Colors and specifications are subject to change without notice. EcoStar is not liable for color variations or shading. * Available as Cool Color 75 76 77 Ants Cullwick 2551 Dolores Way Carbondale, CO 81623 Ants@korultd.com (970) 963-0577 Aspen Historic Preservation Commission 427 Rio Grande Place Aspen, CO 81611 Subject: Support for Modernizing Historic Homes to Increase Resilience to Wildfire and Wind I am writing to express my support for modernizing historic homes to achieve sustainability, energy efficiency and enhanced wildfire resistance. By integrating these practices into preservation efforts, we can balance the preservation of our cultural heritage with safeguarding our community’s and our planet's future. Historic homes hold immense historical, architectural, and cultural significance. By upgrading building material selections, we can improve sustainability and wildfire resistance. We feel it is incumbent on the City of Aspen, and the Historic Preservation Commission, to look for solutions that both celebrate our storied past and protect our future. As an integral stakeholder in community, we firmly believe that a commitment to building high-efficiency houses and comprehensive management of wildfire and wind mitigation is paramount to protecting our Aspen community. In our changing environment, demonstrated through warmer and dried climates, increased droughts, and longer wildfire seasons, these topics are foremost in our and your interest to address. We look to you to see the benefits of making the right decision that positively responds to the changing needs of modern-day homebuilding. I urge the Aspen Historic Preservation Commission to support initiatives that promote the modernization of historic homes to incorporate sustainable, fire resistant materials. By engaging with homeowners, architects, and preservationists, we can collaborate, provide guidance, and share best practices. Thank you for your commitment to preserving our historical heritage. I look forward to witnessing the positive impact of merging historic preservation and modern building technologies in our communities. Ants Cullwick Koru, Ltd 78 9 December 2023 Mrs. Amy SimonPlanning DirectorCity of AspenAspen City Hall427 Rio Grande PlaceAspen, CO 81611 RE: Historic District Best Practices Mrs. Simon: Good evening. I hope this email finds you safe and well. My name is Josh Martin and I am a certified urban planner (AICP, CNU-A) with over twenty (20) years of professional experience in working in the many of the nation’s oldest historic districts in the country including but not limited to Charleston, South Carolina (founded in 1670), Beaufort, South Carolina (founded in 1711), and Savannah, Georgia (founded in 1733). During my tenure at the City of Charleston, I worked directly for Mayor Joseph P. Riley (served for Mayor of the City of Charleston for 40 years) as the Director of Planning, Preservation, and Economic Innovation in which role I oversaw the design review (Board of Architectural Review) and the City’s Zoning and Building Codes of the nation’s oldest historic district--the first historic district established in the United States. Recently, I was asked to share my observations of changes in the government oversight of historic districts that face extreme weather conditions of wind, flooding, fire etc. The responsible opportunity from a planning and design perspective involves preserving the basic design of the street scape, massing, roof shapes, window fenestration etc. It is not practical to pretend to protect old siding, wood roofing, window frames, and similar materials that are not resilient to natural disasters such as hurricanes, flooding, and wildfires. New sustainable materials have been developed and continue to evolve that replicate wood but are energy efficient and fire retardant. Aspen can and should be at the head of the list of cities that are leading the way to encourage and mandate the best sustainable practices. If you have any questions or would like to discuss in more detail, please feel free to contact me at jlangem@yahoo.com Respectfully Submitted, Joshua Lange Martin, AICP, CNU-A 424 Chilean AvenuePalm Beach, FL 33480 Joshua Martin, AICP, CNU-A 79 To whom it may concern: My long-time professional partner and friend Ken Hubbard has asked me to comment on environmentally sustainable and resilient design practices that are being advanced across the US in historic neighborhoods and on historic properties. My firm, Robert A.M. Stern Architects (RAMSA) has worked on a variety of significant planning and architectural design projects in historic districts, both preservation and new construction. We are also committed advocates for energy efficient, sustainable and resilient best practices. We continue to learn about and use many building materials that are aesthetically appropriate to historic preservation and that replicate wood. Many of these also achieve energy efficiency, environmental sustainability, and fire retardance. Aspen should be an ideal venue for advancing these goals, setting a national standard for practices that further historic preservation, while also addressing environmental sustainability and resilience. I would be pleased to discuss specifics. Best wishes, Graham Graham S. Wyatt, FAIA Partner Robert A.M. Stern Architects, LLP One Park Avenue, New York, New York 10016 Phone: 212 967 5100 g.wyatt@RAMSA.COM www.ramsa.com 80 To all, I would like to add a few comments to the points made in Mr. Moore's letter regarding historic structures and sustainability. I have been with the Aspen Fire Department now for nearly 30 years. During that time I have had opportunity to see many changes within the fire service, sadly including wildfire, the changes in wildfire fire behavior, and its impact on communities. In the interests of keeping this response short, my concern is with historic structures and the importance of life safety. My hope is that a dialogue will be opened up to reassess requirements for historical structures within the City of Aspen, and allow owners to use fire resistance materials to protect their homes. A few of my reasons for this are as follows: • Marshall Fire, Boulder County & Superior • Paradise, CA • Maui, HI • Coal Seam Fire, 2012, 29 homes lost • Lake Christine Fire, 2022, three homes lost; fortunately a mobile home park was saved • Insurance Over the last few months, I have been learning of more and more home owners and building owners faced with a choice by insurance companies to either protect their property by upgrading to class A roofing & siding materials, or face exorbitant insurance rate increases, or lose their insurance altogether. This isn't hyperbole, nor infrequent. It is fact. For the first time this year, Aspen Fire has been asked by homeowners who are in the planning phase of building to have a wildfire assessment done on their as yet empty lot. Again, this is a requirement coming from their insurance company. As of 2023, the City of Aspen began requiring that fire sprinklers be installed in all new residential construction. I do commend the City for this proactive decision. However, I would emphasize that interior fire sprinklers do not protect a home from wildfire. Any firefighter can and will tell you that. The best way to protect a home from the fire next door, or wildfire, is by using roofing and siding materials that are fire resistant in addition to creating a fire zone around their home. We are at a nexus point, and I would hope everyone would be willing to look closely and objectively at how best to protect the homes in this community. As has been pointed out, there are new and sustainable building materials that still have the historical look but provide much better protection for homes verses 100+ year old wood siding, and wood shake or asphalt shingles. As someone whose world is life safety, to me the choice is clear. Life safety. Respectfully, Jan Legersky Fire Marshal, Aspen Fire 81 Joeb Moore, FAIA Principal Joeb Moore & Partners, Architects, L.L.C. 20 Bruce Park Avenue Greenwich, CT 06830 jmoore@joebmoore.com www.joebmoore.com December 8, 2023 Re: Sustainable & Regenerative Bio-Regional Design Best Practices in Coastal & Mountain Communities To Whom it May Concern: My long-time client and friend Ken Hubbard has asked me to comment on environmentally sustainable and resilient design practices that are being advanced across the United States in historic communities and landscapes. The task of negotiating and finding a dynamic balance between ecological and cultural thinking requires extraordinarily integrative and complex bicircular analysis of overlapping and competing (even contradictory) concerns, controversies, and dilemmas with respect to current and emerging local historic preservation and regional environmental bio-circular conservation practices. I have been a Professor of Architecture at Columbia University & Senior Design Critic and Lecturer at Yale University for over 30 years. My focus of research and teaching is on the relationship between landscape, architecture, and art thru the lens of ecological, biological, historical, and cultural systems and thinking. In my teaching my students are studying and asked challenging questions about climate, climate dynamics/change and controversies as well as more detailed questions about carbon cycle flow analysis and strategies for the adaptive reuse/regenerative thinking of existing architectures and the embedded material and labor systems at play in them. Within the studio framework students are asked to identify and carefully consider social and environmental designs that will address this larger “circularity” of ecological systems at both the micro-biological and macro-ecological time scales. What I hope emerges is a series of visionary design proposals that can make visible a more profound “awareness” of the complex and interactive play between both cultural and environmental conditions and relations. These range across time and space effecting every physical, chemical, biological system on earth…from human labor to photosynthesis & plant and animal diversity...to invasive species and global material transport. I also serve on the board of trustees of The Cultural Landscape Foundation (TCLF.org), A Washington DC non-profit organization that helps bring together diverse, local communities & voices and larger, international research and academic communities to help steward significant cultural landscapes in various cities around North America that are in danger of being lost either to environmental challenges, climate change or our political and economic systems that have left these landscapes largely depleted or invisible and in danger of collapse. In my 30 years of private practice my design approach and philosophy is shaped out of the environmental and cultural ecologies of a place. I believe design excellence requires ecological and relational thinking and such a framework provides for how to build and live responsibly. Our firm, Joeb Moore & Partners, Architects (JM&P), has worked on a significant and growing series of adaptive reuse of historic structures and landscapes around the US. We are committed advocates for carbon flow analysis and energy efficient, sustainable, and resilient practices centered on broad environmental and social issues and justice. We continue to research and use many alternative bio-sensitive building materials and systems that are sensitive to historic conservation & preservation but also environmental sustainability, energy efficiency, and fire retardance and protection. I believe we must prioritize sustainability, resilience, and innovation in built environment, while also considering the awareness and desires of our communal historic past from concept to built-work. This means constantly expanding our knowledge and skills and collaborating with other experts in the field and being responsive and engaged in that dialogue. The City of Aspen is an extraordinary, if not ideal, site and opportunity for advancing these environmental and cultural goals and advocating for national standards of practice that further both historic preservation while advancing environmental sensitivity, sustainability, and resilience. Thank you for your time, consideration and concern about this important topic. 82 Sincerely, Joeb Moore Joeb Moore, FAIA Member, Joeb Moore & Partners, Architects, LLC Adjunct Professor of Architecture Columbia and Barnard Undergraduate Architecture Department Columbia University Senior Studio Critic Yale School of Architecture Yale University Colorado Architect License: ARC.00402878 83 227 EAST BLEEKER CONTINUED HISTORIC PRESERVATION HEARING: “REQUEST FOR HPC APPROVAL FOR A SUBSTANTIAL AMENDMENT TO A MAJOR DEVELOPMENT APPROVAL AT 227 E. BLEEKER ST. FOR THE PURPOSE OF REMOVING HISTORIC MATERIALS, ALTERTING WALL PLANES, AND INSTALLING SYNTHETIC ROOFING”. 227 E. BLEEKER 501 E. HYMAN AVENUE, SUITE 205 –ASPEN, CO 81611 | www.kimraymondarchitects.com APRIL 24TH, 2024 84 SANBORN MAP, 1893 •EXISTING HOME HAD MULTIPLE ROOFING MATERIALS •“D”INDICATES HISTORIC ROOF WAS SHINGLED •“O” INDICATES HISTORIC ROOF WAS SLATE OR TIN ROOF 227 E. BLEEKER 2. HISTORIC ROOF REPLACEMENT MATERIAL85 227 E. BLEEKER PRIOR TO RENOVATION/PRESERVATION COMMENCEMENT 227 E. BLEEKER 2. HISTORIC ROOF REPLACEMENT MATERIAL •EAST SIDE OF GABLE HAD METAL ROOF 86 227 E. BLEEKER 2. HISTORIC ROOF REPLACEMENT MATERIAL •EAST SIDE OF GABLE HAD METAL ROOFING •SOUTH SIDE OF THE HOUSE HAD METAL ROOFING 227 E. BLEEKER PRIOR TO RENOVATION/PRESERVATION COMMENCEMENT 87 Roofing Systems + Custom Fabrication METAL ROOFING, WALL, AND PERIMETER EDGE FINISHES SIERRA TAN BUCKSKIN MEDIUM BRONZE DARK BRONZE ANTIQUE BRONZE MIDNIGHT BRONZE AGED BRONZE MANSARD BROWN BLACK CITYSCAPE SLATE GRAY GRANITE L MUSKET GRAY CHARCOAL IRON ORE HEMLOCK GREEN PATINA GREEN FOREST GREEN HARTFORD GREEN BURGUNDY COLONIAL RED TERRA COTTA CARDINAL RED TEAL MILITARY BLUE PACIFIC BLUE INTERSTATE BLUE AWARD BLUE SILVER P ZINC P WEATHERED ZINC P CHAMPAGNE P COPPER PENNY P AGED COPPER P DREXLUME™ M STONE WHITE BONE WHITE REGAL WHITE SANDSTONE ALMOND P = PREMIUM M = MILL FINISH L = LOW GLOSS COLOR 227 E. BLEEKER 2. HISTORIC ROOF REPLACEMENT MATERIAL PROPOSED METAL ROOFING SPECIFICATION •STANDING SEAM METAL ROOFING FOR ALL HISTORIC ROOFS •COLOR: SILVER OR ZINC •STANDING SEAM TO BE 1”, AS TYPICALLY FOUND ON HISTORIC HOMES •16” SEAM TO SEAM 88 227 E. BLEEKER 2. HISTORIC ROOF REPLACEMENT MATERIAL PROPOSED METAL ROOFING SPECIFICATION METAL ROOFING, WALL, AND PERIMETER EDGE FINISHES � High-performance painted metal roofing and perimeter edge products. � Drexel Metals standard sheets come in 48" x 120". � 35-year paint warranty on Galvalume® and Aluminum substrates, excluding Exotics. Ask about our Gold Standard Warranty. � 25-year warranty on Drexlume™. � Not all colors and gauges are stocked in all locations. Contact your local sales rep for specific stocking information and special requests including 22" coils, and custom gauges and widths. � Custom colors available. � Oil canning is not a cause for rejection. ©2023 Drexel Metals, Inc. All rights reserved. Galvalume® is a registered trademark of BEIC International, Inc. Sherwin-Williams® Coil Coatings and Fluropon® are trademarks of SWIMC LLC. Drexlume™ is a trademark of Drexel Metals, Inc. Colors shown represent the actual color as closely as possible. To ensure exact color for final approval, a metal color chip is available. Warranty statements mentioned are outlines; complete Limited Warranty information is available on request. No other warranty expressed or implied is applicable. Please call or visit drexelmetals.com or residentialmetalroof.com for more details. CORPORATE HEADQUARTERS: 1234 GARDINER LANE, LOUISVILLE, KY 40213 | 888-321-9630 TOLL-FREE | 502-690-6174 FAX | DREXELMETALS.COM DM-11588 - “Drexel Metals Metal Roofing and Perimeter Edge Finishes Color Chart” 04.03.23 Product Options SR SRI 24 ga x 20"24 ga x 48"22 ga x 48"26 ga x 20"26 ga x 27.5"26 ga x 48"0.032 x 20"0.032 x 48"0.040 X 48"0.050 x 48"0.063 x 48"Cool Roof Rated Standard Colors Aged Bronze 0.29 29 •• PP Almond 0.53 62 ••• ••• PP Antique Bronze 0.29 28 •••••••• PP Black 0.20 17 ••••••••• Bone White 0.67 81 •••• ••••••PP Buckskin 0.38 41 •••• PP Burgundy 0.24 23 •• • • Charcoal 0.27 27 ••••••PP Cityscape 0.44 49 •••••••PP Colonial Red 0.32 34 ••••••• PP Dark Bronze 0.26 24 ••••••••PP Forest Green 0.10 6 •••••••• Hartford Green 0.29 29 •• ••• Hemlock Green 0.29 29 •• • •PP Interstate Blue 0.13 8 •••• • Iron Ore 0.27 26 •• ••••• PP Mansard Brown 0.29 29 •••••••PP Medium Bronze 0.26 26 •••••••••PP Midnight Bronze 0.06 0 •• • Military Blue 0.29 29 •••• PP Musket Gray 0.31 32 ••••• •PP Pacific Blue 0.25 24 •••• PP Patina Green 0.33 34 •••• PP Regal White 0.60 78 • • • •••• Sandstone 0.49 56 ••••••••PP Sierra Tan 0.36 39 ••••••• PP Slate Gray 0.37 40 •••••••• PP Stone White 0.64 77 ••• •••••PP Teal 0.26 25 •• • PP Terra Cotta 0.36 39 •• •• • PP Low Gloss Colors Aspen Bronze 0.26 26 ••• •PP Autumn Red 0.32 34 ••• •PP Chestnut Brown 0.29 29 ••• •PP Classic Bronze 0.29 28 ••• ••PP Granite 0.32 33 •••••••PP Inkwell 0.27 26 ••• •• Midnight Green 0.29 29 ••• • Nantucket Gray 0.37 40 ••• •PP Pine 0.10 6 ••• • Traditional Black 0.20 17 ••• • Antique Metal 0.34 34 •• Metallics Aged Copper 0.26 25 ••• PP Champagne 0.40 42 •••••PP Copper Penny 0.47 53 ••••••PP Silver 0.49 54 ••••••• PP Weathered Zinc 0.26 23 ••••• •PP Zinc*0.33 35 ••••••PP Exotics - 10-year Color Fade Warranty Award Blue (10-YR)*0.21 17 •••• Cardinal Red (10-YR)*0.37 39 •••••PP Bare Products Drexlume™•••••• Mill Finished Aluminum •••• Clear Anodized •••• Dark Bronze Anodized •••• Black Anodized ••• Vintage® •• Urban Slate •• HDG G90 • 16ga x 48" x 120" • 18 ga x 48" x 120" • 20 ga x 48" x 120" • 22 ga x 48" x 120" • = Standard Product PP = CRRC Approved Finishes •ROOFING WOULD EMULATE HISTORIC METAL ROOF •FLASHING WILL BE IN SCALE WITH OTHER ROOF MATERIAL •FLASHING WILL MATCH ROOFING MATERIAL IN TEXTURE AND COLOR •A MATTE FINISH/LOWER REFLECTIVITY CAN BE ACHIEVED WITH A ZINC FINISH 89 April 5, 2024 Kirsten Armstrong Principal Planner, Historic Preservation RE: 227 E Bleeker St. Dear Kirsten: The Historic Preservation Commission has requested that building department staff review the proposed changes to the wall detail for the historic property at 227 E Bleeker St. I have reviewed KRA’s proposed wall assembly which includes removal and reapplication of the existing siding to allow for new furring strips, waterproofing membrane, and flame-block sheathing. I cannot speak to whether this method is appropriate in terms of best practices for historic preservation. I can confirm that the proposed detail will meet all building and energy code requirements and that I do not have any concerns with how the proposed wall would perform. Sincerely, Bonnie Muhigirwa, CBO Chief Building Official 90 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Z7,77 y)l hlN 5'f( g , Aspen, CO SCHEDULED PUBLIC HEARING DATE: A,? 20z'1 STATE OF COLORADO ) ss. County of Pitkin ) I, �� (name, please print) being or representin an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the Z S day of m Q•cc-�-- , 20, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailingo notice. B the mailing of a notice obtained from theCommuni f Y g tY Development Department, which contains the information describe& .in "Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signat6re The foregoing "Affidavit of Notice" was acknowledged before me thisday of ��/j/) , 20, , E °' , by (y ��� "' NATHAN GRANEY WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO M i . ex .res: Zvi Zo Z NOTARY ID 20234040451 y co son p MY COMMISSION EXPIRES 10/25/2027 No ary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 TAI<�:-:N DA,rE: 03/25/2024 AT 4:12 PM UPLOAD DATE' 03/25/2024 AT 5:10 PM (-)PL(-")ADED BY: MILO STARK F1 L F N AM f`: IMG_0377,ipeg lj� Kim R A Y M O N D A R C H I T E C T U R E + I N T E R 1 0 R S F'N, 8 161 1 wwvv. 1,J rn rayr-i c.)n da rc h itects , corn Page 1 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com Memorandum TO: Aspen Historic Preservation Commission THRU: Kirsten Armstrong, Principal Planner Historic Preservation FROM: Jeffrey Barnhill, Planner II MEETING DATE: Wednesday, April 24, 2024 – Continued from Wednesday, March 13, 2024 RE: 808 Cemetery Lane – Red Butte Cemetery – Minor Planned Development (PD) Amendment to Project Review Standards, Growth Management Quota System (GMQS) review, and a Minor Planned Development Amendment for Use Variations, PUBLIC HEARING APPLICANT /OWNER: Red Butte Cemetery Association, 808 Cemetery Lane, Aspen, CO 81611 REPRESENTATIVE: Alan Richman, Alan Richman Planning Services, LLC, P.O. Box 3613, Aspen, CO 81612 LOCATION: Street Address: 808 Cemetery Lane, Aspen, CO 81611 Legal Description: Red Butte Cemetery, According to the Final PUD Plat Thereof Recorded July 11, 2012 in Plat Book 100 at Page 38 Parcel Identification Number: PID# 2735-122-00-851 CURRENT ZONING & USE Park (P); Planned Development (PD) Overlay PROPOSED ZONING & USE: Proposed change in use to allow a deed restricted affordable housing unit. SUMMARY: 808 Cemetery Lane, Red Butte Cemetery, is an AspenVictorian designated property containing a cemetery, a Victorian-era cabin and outhouse, and a non-historic maintenance facility. The applicant requests approval for a Minor Amendment to Project Review Standards, a Growth Management Quota System review, and a Minor Amendment for Use Variations to establish a deed restricted affordable housing unit on site in the existing maintenance facility. The applicant requests no exterior changes to the site. STAFF RECOMMENDATION: Staff supports the application and recommends approval with the conditions outlined in the draft resolution. Site Locator Map – 808 Cemetery Lane. 91 Page 2 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com MEMO CHANGES SINCE CONTINUATION ON 3/13/2024: Since the original memo was published for the HPC meeting on 3/13/2024, this memo and associated exhibits have undergone a few changes, these include Exhibit G - Consolidated Public Comments 3/9/2024 through 4/18/2024 and Exhibit H - Red Butte Cemetery Article 1901. BACKGROUND: 808 Cemetery Lane is a 16.8 -acre lot in the Park (P) Zone District with a Planned Development (PD) overlay. The property contains a historic cemetery, Victorian era cabin and outhouse, and a maintenance facility. Newspaper records dating back to 1901 indicate that, historically, a caretaker for the cemetery lived on site in the Victorian era cabin. Approximately 15-20 years ago, the Red Butte Cemetery Association began to deal with some significant maintenance issues. Specifically, the cemetery is lined with more than 200 narrow-leaf cottonwood trees that are over 100 years old. This task coupled with the increased maintenance of the cemetery plots, snow removal, and other general maintenance led to the Association to request a permanent on -site maintenance facility. In 2009, City Council approved a consolidated PUD review, an amendment to the official zone district map, and a GMQS review for Essential Public Facility for the construction of the Maintenance Facility and the restoration of the Victoria-era cabin and outhouse. During the 2009 approval process, the Red Butte Cemetery Association sought to allow an employee housing unit on site for the long-term employee who lived outside of the Roaring Fork Valley. This proved to be a contentious issue in 2009. Part of Ordinance No. 21, Series of 2009 stipulated that, “the maintenance facility shall not be used as a living unit or as a place to sleep overnight.” The Red Butte Cemetery Association approached the subject again in 2014 and requested the removal of the above stipulation so that the employee could sleep overnight from time -to-time. This was approved via City Council Ordinance No. 30, Series of 2014 as a conditional, one year approval of a deed restricted housing unit. The Association did not seek re-approval after the one- year approval. The applicant now requests permanent approval of the space as an affordable housing unit for its employee. 92 Page 3 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC) The Applicant requests the following recommendations of approval from HPC. Pending a recommendation, the application will be reviewed for a final decision from City Council: • Minor Planned Development Amendment to Project Review Standards (Section 26.445.050) for the dimensional request to allow the use of 352 square feet of an existing building for an affordable housing unit. This triggered review by the HPC as the site is a designated historic site. • Use Variation Request (Section 26.445.060) for a use variation allowing Residential as an approved use on the site. • Growth Management Quota System Review (Sections 26.470.010, 26.470.080, and 26.470.100) for a GMQS Affordable Housing allotment to allow for a deed restricted affordable housing unit on site. PROJECT SUMMARY: The applicant proposes utilizing 352 square feet of the existing 1,280 square feet non-historic maintenance facility on site for a permanent deed restricted affordable housing unit. The current maintenance facility includes an office and equipment maintenance area. This request will not alter the internal configuration of the maintenance facility. There will be no exterior improvements on site with this approval. This is a voluntary deed restriction and does not include the issuance of any Affordable Housing Credits. Figure 1. Red Butte Cemetery (Aspenvictorian.com) Figure 2. Red Butte Cemetery, 2015 (Aspenvictorian.com) 93 Page 4 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com STAFF COMMENTS: Project Review Standards – Section 26.445.050 (Exhibit A) Staff reviewed the Project Review Standards and found that all standards were either met or not applicable. The proposed development is consistent with adopted regulatory plans. The proposal complies with the 2012 Aspen Area Community Plan by providing housing for a member of Aspen’s workforce. Specifically, the proposed development complies with Housing Policies: I.2. Deed-restricted housing units should be utilized to the maximum degree possible. II.1. The housing inventory should bolster our socioeconomic diversity. IV.2. All affordable housing must be located within the Urban Growth Boundary. IV.3. On-site housing mitigation is preferred. The 2012 Aspen Area Community Plan also mentions that: “This plan emphasizes the need to spread accountability and responsibility for providing affordable housing units beyond the City and County governmental structures, and continuing to pursue affordable housing projects on available public Figure 3. Existing Unit Configuration Figure 4. Proposed Unit Configuration 94 Page 5 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com land through a transparent and accountable public process.” (Aspen Area Community Plan, City of Aspen and Pitkin County, 2012, page 38). This means private parties are integral in creating workforce and affordable housing in lieu of all affordable housing opportunities being initiated by the City or County. Ordinance #21, Series of 2009 approved the Red Butte Cemetery PUD, a GMQS review for an Essential Public Facility, and the creation of the 1,280 sq. ft. maintenance facility on site. This ordinance also set the dimensional requirements for the site. The ma ximum external floor area ratio for the maintenance building was 1,300 sq. ft. and 275 sq. ft. of floor area for the Victorian cabin and outhouse. This ordinance also included a list of conditions for the property. Specifically, Section 1f prohibited the use of the maintenance facility from being used as a living unit or as a place to sleep overnight. The applicant proposes amending the dimensional requirements to set a maximum of 1,300 square feet, comprising approximately 928 square feet for a maintenanc e area/work room and 352 square feet for an affordable housing unit. Maximum External Floor Area Maintenance building: 1,300 sq. ft. of floor area consisting of 352 sq. ft. for the affordable housing unit and 928 sq. ft. for the maintenance work room. Victorian cabin and outhouse: combined maximum of 275 sq. ft. of floor area Table 1: Proposed Dimensional Standards Additionally, the proposed development is located on suitable land for development. The proposed development does not involve any exterior improvements, it simply involves the interior changes required to turn part of the maintenance facility into a deed r estricted affordable housing unit. As mentioned previously, staff finds that all criteria are adequately addressed and met for the Minor Amendment to a Project Review Approval. Use Variation Standards – Section 26.445.060 (Exhibit B) The applicant proposes to allow a residential use in the Park (P) zone district. This zone district does not permit or conditionally allow residential uses. Interestingly enough, a cemetery is not an allowed or conditional use in the Park zone district. The proposed use variation is compatible with the character of existing and planned land uses in the area. The Cemetery has existed for approximately 125 years and the Cemetery has existed prior to all residential development in the immediate vicinity. The proposed use variation, to allow a deed restricted affordable housing unit, is effectively incorporated into the project’s overall mix of uses as it will directly support the maintenance and upkeep of the Red Butte Cemetery. As mentioned by the applicant, “this will allow the Association to enhance the upkeep of this historic property by having an on -site ‘caretaker’ for the property who provides a regular presence on this site.” It is important to note that a caretaker has historically lived on this site as far back as 1901. According to an article from 1901 in The Aspen Democrat, “On Evergreen Avenue and this 95 Page 6 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com ground the house of the sexton stands facing the entrance to the cemetery…The house of the sexton is located on the grounds as stated and he lives in the house all the year.” 1 This demonstrates that historically a caretaker has lived, year -round, on this site. Additionally, George Jenkinson, was listed as a caretaker at the Red Butte Cemetery during the 1920, 1930, and 1940 Censuses. Staff is unsure if he lived on site while he was caretaker. Maintenance is a significant issue for aging sites and structures. Allowing the maintenance caretaker to live in the deed restricted affordable housing unit could positively affect the upkeep of the cemetery as a whole. The trees, and other vegetation, aro und the grounds contribute significantly to the character of the cemetery landscape. According to the National Park Service Cemetery Preservation Course, “Over time, woody plants mature and decline due to age and disease. Dead branches in specimen trees can pose threats to visitors, monuments, and structures. Proper maintenance, including pruning, integrated pest management, and periodic replacement ensures that character-defining vegetation remains a part of the cemetery.”2 In theory, the more that the maintenance worker can be on site, the more thorough maintenance strategies that may be achieved. This would also restore a historic use to the site. The location, size, and design of the property are not changing from an exterior perspective. The Association proposes instructing the employee that they cannot make any exterior changes as part of the lease. The operating characteristics will remain largely unchanged. The only change is that the employee will be on site more often than currently. The employee shall be able to use the Victorian cabin on site for personal storage purposes. The proposed use variation complies with applicable adopted regulator y plans. A live-in caretaker, a sexton, has been an intentional and integral part of the Red Butte Cemetery since its inception. As exemplified by Ute and Aspen Grove Cemeteries, preserving inactive historic cemeteries is cumbersome. Maintaining vegetation, managing visitors, and mitigating climate caused deterioration in an active historic burial ground without hastily adding to the damage takes time and dedication. A live-in caretaker on this site has the possibility of preserving the historic integrity of this precious cultural landscape in the City of Aspen. Growth Management Quota System Sections 26.470.010, 26.470.080, 26.470.100 (Exhibit C) There are unlimited allotments available for Residential – Affordable Housing units. As mentioned previously, the development of affordable housing on this site meets several of the Housing Policies in the 2012 Aspen Area Community Plan. The proposed devel opment 1 The Aspen Democrat “Interesting Report of the Red Butte Cemetery Association from April 6, 1899, to April 1, 1901” April 7, 1901 - Exhibit H 2 https://www.nps.gov/articles/000/cemetery-preservation-course-landscapes-and-vegetation.htm 96 Page 7 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com does not include any exterior changes or additional floor area. The development does not require any additional public facilities to accommodate this project. The development does not overextend the community’s ability to provide support services. The proposed unit will be owned by the Red Butte Cemetery Association. The unit will be deed restricted according to applicable APCHA standards. APACHA has listed conditions for the Ordinance if passed. Lastly, the unit will be offered to the Red Butte Cem etery employee rent-free and the employee will be paid by the Cemetery Association as occurs now. REFERRAL COMMENTS (Exhibit E): The application was referred out to the Building Department and the Aspen Pitkin County Housing Authority who have requirements that will affect the Ordinance and permit review. Building had no initial comments and will re-review at time of building permit. APCHA recommends that: • The unit be specifically for the employee of the Red Butte Cemetery Association; • A deed restriction approved by APCHA must be recorded on the unit; • The employee must still qualify with APCHA prior to occupying said unit as well as requalifying every two years as required by the Regulations; • Said employee does not have to meet the minimum number of hours of 1,500 hours; however, must work the time specified in the application for the Red Butte Cemetery Association (spring, summer, fall, and snow plowing the roads in winter); • The employee cannot own any other residential property with the ownership exclusion zone as specified by the APCHA Regulations; • The unit shall be classified as a Category RO, but the rental rate will be based on the employee’s category. RECOMMENDATION: Staff recommends that the HPC adopt the attached resolution recommending approval of the request to establish a deed restricted affordable housing unit on site. HPC is asked to provide recommendation of approval, approval with conditions, or denial – based on the review criteria presented. HPC also has discretion to formally forward any comments, suggestions, or proposed conditions as part of the recommendation to City Council, if desired. Any additions should be specified within a motion for approving the Resolution and recommendation. ATTACHMENTS: Resolution #____, Series of 2024 Exhibit A – Staff Response Project Review Standards Exhibit B – Staff Response Use Variation Standards Exhibit C – Staff Response GMQS Standards Exhibit D – Application Exhibit E – Referral Comments Exhibit F – Consolidated Public Comments through 3/8/2024 Exhibit G – Consolidated Public Comments 3/9/2024 through 4/18/2024 Exhibit H – Red Butte Cemetery Article 1901 97 HPC Resolution #___, Series of 2024 Page 1 of 3 RESOLUTION #___ (SERIES OF 2024) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PROJECT REVIEW AMENDMENT, A USE VARIATION REVIEW, AND A GROWTH MANAGEMENT REVIEW FOR THE ESTABLISHMENT OF A PERMANENT DEED RESTRICTED AFFORDABLE HOUSING UNIT AT THE PROPERTY LOCATED AT 808 CEMETERY LANE; RED BUTTE CEMETERY, ACCORDING TO THE FINAL PUD PLAT THEREOF RECORDED JULY 11, 2012 IN PLAT BOOK 100 AT PAGE 38; CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-122-00-851 WHEREAS, the applicant, Red Butte Cemetery Association, 808 Cemetery Lane, Aspen, CO 81611, represented by Alan Richman, Alan Richman Planning Services, LLC, P.O. Box 3613, Aspen, CO 81612, has requested HPC approval for a Planned Development Project Review Amendment, a Use Variation review, and a Growth Management Quota System review for the property located at 808 Cemetery Lane, Red Butte Cemetery, City of Aspen, Pitkin County, Colorado; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards and recommends approval; and, WHEREAS, on March 13, 2024, during a duly noticed public hearing, the City of Aspen Historic Preservation Commission voted to continue the application at the applicant’s request; and, WHEREAS, on April 24, 2024, during a duly noticed public hearing, the City of Aspen Historic Preservation Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed, and considered the recommendation of the Community Development Director and took and considered public comment; and, WHEREAS, the City of Aspen Historic Preservation Commission finds that the development proposal meets the applicable review criteria and that approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, The City of Aspen Historic Preservation Commission approves Resolution #__, Series of 2024, by a xx to xx (x – x) vote, recommending approval of the request for Planned Development – Project Review, Use Variation review, and Growth Management Review. NOW, THEREFORE, BE IT RESOLVED: THAT CITY OF ASPEN HISTORIC PRESERVATION COMMISSION HEREBY RECOMMENDS TO ASPEN CITY COUNCIL APPROVAL OF THE AFFORDABLE HOUSING PROPOSAL AT 808 CEMETERY LANE TO ESTABLISH A DEED 98 HPC Resolution #___, Series of 2024 Page 2 of 3 RESTRICTED AFFORDABLE HOUSING UNIT IN THE EXISTING MAINTENANCE FACILITY SUBJECT TO THE FOLLOWING REVIEWS AND CONDITIONS: Section 1: Planned Development Dimensional Standards The Historic Preservation Commission recommends approval to develop the affordable housing unit upon the following dimensional standards: Maximum External Floor Area Maintenance building: 1,300 sq. ft. of floor area consisting of 352 sq. ft. for the affordable housing unit and 928 sq. ft. for the maintenance work room. Victorian cabin and outhouse: combined maximum of 275 sq. ft. of floor area Section 2: Aspen Pitkin County Housing Authority Conditions of Approval 1. The unit be specifically for the employee of the Red Butte Cemetery Association. 2. A deed restriction approved by APCHA must be recorded on the unit. 3. The employee must still qualify with APCHA prior to occupying said unit as well as requalifying every two years as required by the Regulations. 4. Said employee does not have to meet the minimum number of hours of 1,500 hours; however, must work the time specified in the application for the Red Butte Cemetery Association (spring, summer, fall, and snow plowing the roads in winter). 5. The employee cannot own any other residential property with the ownership exclusion zone as specified by the APCHA Regulations. 6. The unit shall be classified as a Category RO, but the rental rate will be based on the employee’s category. Section 3: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 4: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 99 HPC Resolution #___, Series of 2024 Page 3 of 3 APPROVED BY THE COMMISSION at its regular meeting on the 24th day of April, 2024. Approved as to Form: Approved as to Content: ________________________________ ________________________________ Katharine Johnson, Assistant City Attorney Kara Thompson, Chair ATTEST: ______________________________ Mike Sear, Deputy City Clerk 100 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 1 of 5 Project Review Standards Section 26.445.050 (a) Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Response: The proposed development is consistent with adopted regulatory plans. The proposal complies with the 2012 Aspen Area Community Plan by providing housing for a member of Aspen’s workforce. Specifically, the proposed development complies with Housing Policies: I.2. Deed-restricted housing units should be utilized to the maximum degree possible. II.1. The housing inventory should bolster our socioeconomic diversity. IV.2. All affordable housing must be located within the Urban Growth Boundary. IV.3. On-site housing mitigation is preferred. The 2012 Aspen Area Community Plan also mentions that: “this plan emphasizes the need to spread accountability and responsibility for providing affordable housing units beyond the City and County governmental structures, and continuing to pursue affordable housing projects on available public land through a transparent and accountable public process.” (Aspen Area Community Plan, City of Aspen and Pitkin County, 2012, page 38). This means private parties are integral in creating workforce and affordable housing in lieu of all affordable housing opportunities being initiated by the City or County. The property received approval to construct the maintenance facility pursuant to Ordinance #21, Series of 2009. In 2014, the Red Butte Cemetery Association received approval for internal floor plan changes to accommodate an employee sleeping on the property from time to time. Additionally, City Council approved a conditional, one year deed restricted housing unit. The applicant now seeks permanent approval for an affordable housing unit for its employee. The Association would pay the employee for their work and would not charge the employee rent. Staff finds this criterion is met. (b) Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of thirty percent (30%), and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29—Engineering 101 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 2 of 5 Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The proposed development is located on suitable land for development. The proposed development does not involve any exterior improvements, it simply involves the interior changes required to turn part of the maintenance facility into a deed restricted affordable housing unit. Staff finds this criterion is met. (c) Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: (1) The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. (2) The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. (3) Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Response: No changes are proposed to the site plan. The only changes proposed are interior changes to accommodate a dwelling unit. Staff finds this criterion not applicable. (d) Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: (1) There exists a significant community goal to be achieved through such variations. (2) The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. (3) The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources 102 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 3 of 5 (4) The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. (5) The Project Review approval, at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110—Amendments. Staff Response: Ordinance #21, Series of 2009 approved the Red Butte Cemetery PUD, a GMQS review for an Essential Public Facility, and the creation of the 1,280 sq. ft. maintenance facility on site. This ordinance also set the dimensional requirements for the site. The maximum external floor area ratio for the maintenance building was 1,300 sq. ft. and 275 sq. ft. of floor area for the Victorian cabin and outhouse. This ordinance also included a list of conditions for the property. Specifically, Section 1f prohibited the use of the maintenance facility from being used as a living unit or as a place to sleep overnight. The applicant proposes amending the dimensional requirements to set a maximum of 1,300 square feet, comprising approximately 928 square feet for a maintenance area/work room and 352 square feet for an affordable housing unit. The applicant is prepared to reflect these changes in a PD plat; however, staff does not believe that a PD plat would be the appropriate document for this proposal. There exists a significant community goal, development of affordable housing, to be achieved with the variation of the dimensional requirements to allow the deed restricted affordable housing unit on site. A deed restricted affordable housing unit in an already existing building is a viable, sustainable outcome. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. There is prior precedent on this site of a caretaker living on the grounds of the cemetery as far back as 1901. There is also prior precedent of City Council allowing overnight stay by the caretaker. The caretaker supports the management and maintenance of the many distinct issues that cemeteries face. One need only look at Ute Cemetery and Aspen Grove Cemetery to see a potential outcome of inadequate maintenance. Additionally, preservation of our pristine cultural landscapes (Red Butte Cemetery) is vital to the mission of the Historic Preservation program in the City of Aspen. Allowing a caretaker unit on site would allow for better management and preservation outcomes for the cemetery itself. If a unit is established on this site for the caretaker, that would restore the historic use of this property. Staff finds this criterion is met. (e) Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 103 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 4 of 5 (1) The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. (2) The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Response: No changes are proposed to the design of the development. Staff finds this criterion not applicable. (f) Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The city may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The proposed development does not improve pedestrian, bicycle, or transit facilities; however, it does not affect the existing pedestrian, bicycle, and transit facilities. The development simply involves the changes necessary to accommodate a dwelling unit in the existing building on site. The affordable housing unit is located next to the Cemetery Lane bus route, WeCycle bicycle station, and the ABC trail. The effects on traffic are negligible. The worker currently maintaining the cemetery drives to and from Aspen currently. This development will remove at least one person from the downvalley traffic into and out of Aspen. Staff finds this criterion not applicable. (g) Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: This development proposal does not include any changes to the site design. Staff finds this criterion not applicable. (h) Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. 104 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 5 of 5 Staff Response: The proposed development does not require additional infrastructure or facilities to serve it. Staff finds this criterion not applicable. (i) Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: The proposed development does not propose any changes to the current access and circulation on site. Staff finds this criterion not applicable. 105 Exhibit B – Use Variation Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 1 of 2 Sec. 26.445.060. - Use Variation Standards. A development application may request variations in the allowed uses permitted in the zone district. The burden shall rest upon an applicant to show the reasonableness of the request and its conformity to the standards and procedures of this Chapter and this Title. The permitted and conditional uses allowed on the property according to its zoning shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review. Any use variation allowed shall be specified in the ordinance granting Project Review approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following standards related to Use Variations: (a) The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. (b) The proposed use variation is effectively incorporated into the project's overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. (c) The location, size, design, and operating characteristics of the proposed use variation minimizes adverse effects on the neighborhood and surrounding properties. (d) The proposed use variation complies with applicable adopted regulatory plans. Staff Response: The proposed use variation is compatible with the character of existing and planned land uses in the area. The Cemetery has existed for approximately 125 years and the Cemetery has existed prior to all residential development in the immediate vicinity. The zoning around the cemetery is almost exclusively residential. The proposed use variation, to allow a deed restricted affordable housing unit, is effectively incorporated into the project’s overall mix of uses as it will directly support the maintenance and upkeep of the Red Butte Cemetery. As mentioned by the applicant, “this will allow the Association to enhance the upkeep of this historic property by having an on-site ‘caretaker’ for the property who provides a regular presence on this site.” It is important to note that a caretaker has historically lived on this site as far back as 1901. According to an article from 1901 in The Aspen Democrat, “On Evergreen Avenue and this ground the house of the sexton stands facing the entrance to the cemetery…The house of the sexton is located on the grounds as stated and he lives in the house all the year.” This demonstrates that historically a caretaker has lived, year-round, on this site. Additionally, George Jenkinson, was listed as a caretaker at the Red Butte Cemetery during the 1920, 1930, and 1940 Censuses. Staff is unsure if he lived on site while he was caretaker. The location, size, and design of the property are not changing from an exterior perspective. The Association proposes instructing the employee that they cannot make any exterior changes as part of the lease. The operating characteristics will remain largely unchanged. The only 106 Exhibit B – Use Variation Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 2 of 2 change is that the employee will be on site more often than currently. The employee shall be able to use the Victorian cabin on site for personal storage purposes. The proposed use variation complies with applicable adopted regulatory plans. A live-in caretaker, a sexton, has been an intentional and integral part of the Red Butte Cemetery since its inception. As exemplified by Ute and Aspen Grove Cemeteries, preserving inactive historic cemeteries is cumbersome. Maintaining vegetation, managing visitors, and mitigating climate caused deterioration in an active historic burial ground without hastily adding to the damage takes time and dedication. A live-in caretaker on this site has the possibility of preserving the historic integrity of this precious cultural landscape in the City of Aspen. Staff finds this criterion is met. 107 Exhibit C – GMQS Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 1 of 4 Sec. 26.470.010 Growth Management Quota System - Purpose The Applicant seeks a Growth Management Quota System (GMQS) Affordable Housing allotment to allow for a deed restricted affordable housing unit on site. (a) Implement the goals and policies for the City and the Aspen Area Community Plan; Staff Response: The proposal implements the goals and policies for the 2012 Aspen Area Community Plan by providing housing for a member of Aspen’s workforce. Specifically, the proposed development complies with Housing Policies: I.2. Deed-restricted housing units should be utilized to the maximum degree possible. II.1. The housing inventory should bolster our socioeconomic diversity. IV.2. All affordable housing must be located within the Urban Growth Boundary. IV.3. On-site housing mitigation is preferred. The 2012 Aspen Area Community Plan also mentions that: “this plan emphasizes the need to spread accountability and responsibility for providing affordable housing units beyond the City and County governmental structures, and continuing to pursue affordable housing projects on available public land through a transparent and accountable public process.” (Aspen Area Community Plan, City of Aspen and Pitkin County, 2012, page 38). This means private parties are integral in creating workforce and affordable housing in lieu of all affordable housing opportunities being initiated by the City or County. The property received approval to construct the maintenance facility pursuant to Ordinance #21, Series of 2009. In 2014, the Red Butte Cemetery Association received approval for internal floor plan changes to accommodate an employee sleeping on the property from time to time. Additionally, City Council approved a conditional, one year deed restricted housing unit. The applicant now seeks permanent approval for an affordable housing unit for its employee. The Association would pay the employee for their work and would not charge the employee rent. Staff finds this criterion is met. (b) Ensure that growth and development occurs in an orderly and efficient manner in the City; Staff Response: The proposed development does not include any exterior changes or additional floor area. Staff finds this criterion is met. (c) Ensure sufficient public facilities are present to accommodate growth and development; 108 Exhibit C – GMQS Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 2 of 4 Staff Response: The development does not require any additional public facilities to accommodate the project. Staff finds this criterion is met. (d) Ensure that growth and development is designed and constructed to maintain the character and ambiance of the City; Staff Response: This development is located outside of the Aspen infill area. The proposal will help the City reach its goals on affordable housing within the Urban Growth Boundary. Staff finds this criterion is met. (e) Ensure the presence of an adequate supply of affordable housing, businesses and events that serve the local, permanent community and the area’s tourist base; Staff Response: The proposed development would allow a deed restricted affordable housing unit on site ensuring the presence of an adequate supply of affordable housing. Staff finds this criterion is met. (f) Ensure that growth and development does not overextend the community’s ability to provide support services, including employee housing, traffic control and parking; and, Staff Response: The development does not overextend the community’s ability to provide support services. Staff finds this criterion is met. (g) Ensure that the resulting employees generated, and impacts created by development and redevelopment are mitigated by said development and redevelopment. Staff Response: No employees are generated by this development, rather it serves to house an existing employee. Staff finds this criterion is met. Sec. 26.470.080 Growth Management Quota System – General Review Standards (a) Sufficient Allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.040(b). Applications for multi-year development allotment, pursuant to Section 26.470.110(a) shall be required to meet this standard for the growth management years from which the allotments are requested. 109 Exhibit C – GMQS Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 3 of 4 Staff Response: The applicant requests one Residential – Affordable Housing allotment. There is no annual limit on the amount of Affordable Housing developments. Thus, sufficient allotments are available for this project to proceed. Staff finds this criterion is met. (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. Staff Response: The applicant requests a use variation for the project as residential – affordable housing is not an allowed or conditional use. The applicant requires PD Amendment approval to support the use of the structure as a full-time deed restricted affordable housing unit. If these reviews are approved by City Council, the development will conform with all applicable requirements and limitations. Staff finds this criterion is met. (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. Staff Response: This development requires no upgrades to the public infrastructure or facilities. The required infrastructure is already in place at the maintenance facility. The proposed development does not overextend the community’s ability to provide support services. Staff finds this criterion not applicable. (d) Affordable housing mitigation. Staff Response: The proposed development is affordable housing and does not require affordable housing mitigation. Staff finds this criterion not applicable. Sec. 26.470.100 GMQS Planning and Zoning Commission Applications (c) Affordable Housing. The development of affordable housing that does not qualify for administrative review and approval under the criteria established in Section 26.470.090(c), 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, and all other applicable review criteria of this Title. If the affordable housing project is located in a historic district or on a historically designated property, the Historic Preservation Commission is the review body for this review. Additionally, the following shall apply to all affordable housing development: (1) The proposed units shall be deed-restricted as “for sale” units and transferred to qualified purchasers according to the Aspen Pitkin County Housing Authority 110 Exhibit C – GMQS Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery Historic Preservation Commission Page 4 of 4 Regulations. The developer of the project may be entitled to select the first purchasers, subject to the aforementioned qualifications, pursuant to the Aspen Pitkin County Housing Authority Regulations. The deed restriction shall authorize the Aspen Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Aspen Pitkin County Housing Authority Regulations, as amended. Staff Response: The unit is proposed to be a rental unit and will not be deed-restricted as “for sale” as allowed for non-profit organizations, employers, or government/quasi- government institutions. Staff finds this criterion is met. (2) The proposed units may be rental units, including but not limited to rental units owned by an employer, government or quasi-government institution, or non- profit organization if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing associated for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Staff Response: The proposed unit will be owned by the Red Butte Cemetery Association. The unit will be deed restricted according to applicable APCHA standards. APCHA has listed conditions for the Ordinance if passed. The unit will be offered to the Red Butte Cemetery employee rent-free and the employee will be paid by the Cemetery Association. Staff finds this criterion is met. (3) A combination of “for sale” and rental units is permitted. Staff Response: The applicant proposes one rental unit. Staff finds this criterion not applicable. 111 112 113 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 1 I. INTRODUCTION This is an application requesting that the Aspen City Council approve an amendment to the adopted PUD plan for the Red Butte Cemetery so that a portion of the maintenance facility can be used as a deed restricted affordable housing unit. The Cemetery's street address is 808 Cemetery Lane and its Pitkin County Parcel ID# is 273512200851. The owner of the property is the Red Butte Cemetery Association, a Corporation (hereinafter, "the applicant", or “the Association”), which obtained a deed to the property in 1899. Proof of the ownership of the property and a legal description of the property are provided by Exhibit #1, a Certificate of Ownership prepared by Aspen Title & Escrow, LLC. A letter from the applicant authorizing Alan Richman Planning Services to submit this application is provided as Exhibit #2. Several pre-application discussions were held with representatives of the Community Development Department prior to the submission of this application. The Pre-Application Conference Summary (Exhibit #3) directs the applicant to respond to the following Code sections: Sec. 26.445.110: Planned Development Amendments (Minor Amendment); Sec. 26.445.050: Planned Development - Project Review Standards; Sec. 26.445.060: Planned Development – Use Variation Standards; Sec. 26.470.100: GMQS P&Z Applications – Affordable Housing; and Sec. 26.540.070 Certificates of Affordable Housing Credit. Sections IV, V and VI of this application provide responses to the standards of the Aspen Land Use Code which apply to the Planned Development and GMQS review procedures. Please note, however, that a response to the standards of Sec. 26.540.070 has not been provided because the applicant has decided not to request an affordable housing credit as part of this project. First, however, Sections II and III of this application provide some background information about the property, followed by a brief summary of the proposed housing proposal. 114 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 2 II. BACKGROUND INFORMATION/EXISTING CONDITIONS SUMMARY The Red Butte Cemetery Association was incorporated in the 1890's for the purpose of establishing one of Aspen's original cemeteries. In 1899, the Association acquired land from surrounding ranchers and water rights from Castle Creek. It has operated since that time as a non-profit corporation governed by a volunteer board of directors. The property on which the Cemetery is located consists of approximately 16.8 acres of land that is zoned Park/PUD. The property is also designated by the City as an historic landmark (H). PUD approval for the development of a maintenance facility on the property was granted by the Aspen City Council pursuant to Ordinance 21, Series of 2009 (attached as Exhibit #4). The PUD Plat for the Red Butte Cemetery is recorded in Plat Book 100 @ Pages 38-39. A copy of that plat is included in this application booklet. A vicinity map showing the entire Cemetery property and the surrounding neighborhood has been provided. The map illustrates the vast area of the Cemetery in relationship to the neighboring residential lots. These lots surround the Cemetery on three sides (north, south and west). Surrounding subdivisions include the Castle Creek Subdivision, Snowbunny Subdivision, West Meadow Subdivision, and Black Birch Estates. A site survey of the Cemetery, prepared by Aspen Surveys, has also been provided. It shows that the Cemetery is organized into numerous burial blocks with north/south and east/west roads to ensure its orderly development. The plat, vicinity map and site survey illustrate that the Cemetery property generally consists of three areas, these being: 1. The front (southerly) portion, which is the historic portion of the property, which has been actively used for cemetery plots for nearly 125 years. 2. The rear (northerly) portion, which has been platted with roads and burial plots for future development as an extension of the developed southern portion, and which has recently begun to be used as a burial area. This is the area where the new maintenance facility was constructed in 2012. 3. The area below the top of the bank, which drops down toward Castle Creek. This area is steep and undeveloped and remains in a relatively natural state. The southern portion of the Cemetery is organized around two primary features: the burial plots and headstones, which are in ordered rows; and the cottonwood trees, which line the dirt paths in this part of the Cemetery. There is also a small Victorian-era cabin with an associated small out-house located in the southeastern corner of the property. 115 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 3 The southern portion of the Cemetery contains approximately 4,200 burial sites. The vast majority of these sites are either occupied or committed to individuals and groups. In recent years the Cemetery has experienced in the range of 10 to 15 burials per year, plus a number of cremations. If this trend continues, or even if it accelerates to some degree, there is sufficient capacity in the developed portion of the Cemetery to accommodate the community's needs for several decades. About 15-20 years ago the Cemetery Board began to deal with some serious issues of deferred upkeep of the property. The property is graced by more than 200 narrow-leaf cottonwood trees that are more than 100 years old. These trees are a critical element of the visual character of the historic Cemetery. Many of these trees were found to be nearing the end of their normal life span and require regular pruning, removal and replacement. The Association initiated this replacement process and has worked with the City Forester to ensure that this important resource remains vibrant for generations to come. The Association has also worked with the City Forester to phase out some evergreen trees that were planted in the northerly portion of the developed area but have proven to be problematic. An update of the Cemetery’s irrigation system was also completed, including a new head gate at the Holden Ditch and a new underground sprinkler system. The Association then began the process of obtaining approval for and constructing a permanent maintenance facility for the Cemetery. The operation of the Cemetery requires a number of vehicles and many pieces of equipment to be available, including a pick-up truck, skid loader, four wheeler and trailer, large riding mower, motorized weed eaters, and various hand tools, rakes, shovels, hoses, sprinkler heads, and similar materials. Previously, these vehicles and most of the equipment were stored and repaired in a temporary, fabric storage enclosure that had been erected in the northeastern portion of the property. The temporary structure had no heat, electricity, or water service and the fabric was torn and frayed. The enclosure was surrounded by several spoils piles that had been built up over time, both as a way of trying to hide the storage enclosure and as a place for holding the dirt and other materials that are generated from the operation of the Cemetery. The Association recognized how unattractive this area had become. The area was not visually compatible with the Cemetery and was the source of complaints from neighbors who enjoy the open, historic character of the Cemetery. Therefore, the Association obtained PUD and HPC approval to develop a small, attractive new maintenance building, containing approximately 1,280 sq. ft. of floor area, which would allow equipment to be stored indoors. The maintenance facility was built in 2012 and is located toward the northeast corner of the Cemetery (see site survey for the location and configuration of the maintenance facility). It is set back from the rear property line by approximately 175 feet so it does not intrude upon the neighboring houses. 116 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 4 There is a concrete apron in front of the maintenance facility on which vehicles and equipment can be parked and maintained. It also has a gravel work yard to the east and south of the building, facing away from the neighboring residences. The work yard is depressed by several feet below grade, to make it less visible. Three buried "cribs" were installed to contain the spoils piles from burial and other Cemetery operations. As a result, an area of the Cemetery that was previously an eyesore has been turned into an attractive asset to the operation and maintenance of the property. A photograph is included with this application showing the building and work yard to demonstrate its current appearance. Over the last decade, the Association has begun to expand its burial operations into the northern portion of the property, in the area surrounding the maintenance facility. Trees have been planted in this area and the area is being actively irrigated, turning it into an attractive complement to the historic portion of the property. Several burials have already taken place in this area. 117 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 5 III. AFFORDABLE HOUSING UNIT PROPOSAL During the original public review process for the maintenance facility, the Association requested that the City allow a dwelling unit to be attached to the facility to house the one employee who works at the Cemetery. At the time, the Association sought to improve the living situation of a long term employee who lived outside the Valley. The Association also believed that having an employee on-site would result in better maintenance of the Cemetery and enhanced security for the maintenance facility. The request for an employee housing unit turned out to be the most controversial element of the original PUD plan. Neighbors felt that the development of a dwelling unit would significantly change the historic character of the Cemetery and could create unacceptable impacts, bringing traffic, noise and lights to the rear portion of this tranquil, historic property. Members of the HPC felt that these concerns were valid and so the Association eliminated the dwelling unit from the project. Then, in 2014, the Association returned to the City with a more limited approach to providing on-site housing for its employee. Rather than build a separate housing unit on the property, the Association proposed a minor internal change to the floor plan of the maintenance facility to allow its employee to sleep there from time to time without impacting the character of the Cemetery. The maintenance facility was designed and built with two distinct rooms under one roof. These rooms are separated by a wall and door that were designed and built to meet fire and building codes for these two types of occupancy. As the floor plans which are included in this application show, the east side of the building consists of a work room measuring 29’ x 32 ‘(928 sq. ft.) in which equipment is stored and maintained. The west side of the building consists of a relatively small office/meeting space measuring 11’ x 32’ (352 sq. ft.). The total floor area of the building is 1,280 square feet (928 + 352 = 1,280). The existing floor plan for the office/meeting space illustrates that there are two doors into the space, one from the apron in front of the building and one from the back portion of the work room. As one enters from the rear, there is a small food preparation area, including a sink, refrigerator and cabinets. There is not a stove or cook top in this space, but there is a small microwave oven. There is also a bathroom in the very back of the office/meeting space, with a shower and toilet. The mechanical closet for the building is also located in this area. The front portion of the room is used as the meeting space. It is improved with a built-in desk/meeting table and some cabinets. In 2014, the Association asked the City to allow a bed to be installed in the office/meeting space, so the Association’s employee could sleep there overnight from time-to-time. The reason that this required City approval was that Ordinance 21, Series of 2009, which granted the original approval to the maintenance facility (attached as Exhibit #4), includes Condition 1.f, which reads as follows: 118 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 6 The maintenance facility shall not be used as a living unit or as a place to sleep overnight. In 2014, the applicant proposed to eliminate that condition and replace it with a new set of restrictions which would permit the facility to be used as a place where the Association’s employee could sleep overnight from time-to-time. City Council, via Ordinance 30, Series of 2014 (attached as Exhibit #5), granted the proposed amendment as a conditional, one year approval of a deed restricted housing unit. The approval terminated one year after the issuance of a certificate of occupancy for the living space. To make the unit livable, the Association moved a bed into the space. The space was used by the employee for overnight sleeping approximately 30-45 nights during the one year conditional approval period. At the end of the one year period, the Association decided not to ask to renew or otherwise re-establish the conditional approval. Since that time this space has reverted to its prior office/meeting use and has not been used as a dwelling unit. The applicant now seeks permanent approval to use this space as an affordable housing unit for its employee. Over the last decade, the affordable housing situation in the Upper Roaring Fork Valley has become increasingly more problematic. Having a housing unit to offer to its only employee would help the Association greatly in recruiting and keeping a stable employee to work on the property throughout the year. It would also enhance the security of the building and the security of the Cemetery, which have been subjected to random acts of vandalism from time to time. Therefore, the purpose of this application is to request that the City Council repeal Condition 1.f of Ordinance 21, Series of 2009 and replace it with a new set of restrictions which will allow this space to be occupied as a deed restricted dwelling unit without limitations on the duration of that use. The Association has held discussions with a representative of the Housing Authority and is prepared to make certain improvements to the space, as requested by staff. The proposed floor plan for the employee unit shows how the space would be converted into a living unit. First, it shows where a murphy bed would be installed. Second, it shows that a 4 burner cooktop would be added to the kitchen area, as requested by the staff. Finally, it shows the addition of a wardrobe closet and several storage cabinets within the space, also as requested by staff. All of these minor improvements would make this a more livable space, without requiring any changes be made to the building’s overall floor plan and without requiring any changes whatsoever to the outside of the building or to the Cemetery property. The applicant hereby also agrees to enter into a deed restriction governing the terms by which the unit can be occupied. The deed restriction will be prepared and recorded in a form which is acceptable to the Aspen City Council and the City Attorney. The deed restriction will need to be custom written to address the Cemetery’s unique employment situation. Following are the terms which the Cemetery Association would suggest be included in the proposed deed restriction: 119 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 7 • The dwelling unit would only be permitted to be rented to the Association’s employee. The unit would not be made available to any other employee for rental. • The Association would lease the unit to the employee for periods of no less than six (6) months) and would not charge the employee any rent for the space. The Association would also pay the employee an hourly wage, as it has always done. • Because this position requires the employee to primarily work in the spring, summer and fall (plus snow plowing the roads in the winter), it is quite unlikely that this employee would work 1,500 hours per year in this position. Therefore, to create some flexibility for the Association in hiring an employee, the Association would request that the employee not be required to meet the occupancy qualifications established within the Housing Authority Regulations. In this respect, the deed restriction could be drafted in a form similar to the City’s carriage house/ADU regulations, which require the occupant to be a local working resident (someone who works and lives in Pitkin County full-time), rather than the standard category-oriented deed restrictions that the City might otherwise require. The applicant will work with City staff to prepare and record this deed restriction as a condition of obtaining approval from the City for the dwelling unit. 120 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 8 IV. MINOR PD AMENDMENT (PROJECT REVIEW STANDARDS) Section 26.445.110 of the Land Use Code establishes the procedures and standards for PD Amendments. It states that amendments to PD’s approved prior to the adoption of Ordinance 36, Series of 2013 require the Community Development Director to determine whether the amendment proposed is insubstantial, minor or major. The Director has determined that because this proposal requires a change to be made to one of the project’s conditions of approval, it exceeds the threshold for an Insubstantial Amendment. The Director has therefore classified the amendment as a Minor PD Amendment. Section 26.445.110 E. of the Land Use Code, which governs Minor PD Amendments, does not contain its own standards for review of an amendment. It instead refers the applicant to the project review standards that apply to all PD’s (Sec. 26.445.050). Most of these review standards have greater applicability to new development than to a minor internal change to an existing facility. Therefore, substantive responses are only provided to those standards which apply to this proposal. A. Compliance with Adopted Regulatory Plans. Response: This proposal complies with the Aspen Area Community Plan (AACP) by providing housing for a member of Aspen’s workforce. The AACP sets the goal of making the provision of community workforce housing the responsibility of the entire community, not just the responsibility of the government. The AACP also seeks to establish and maintain a critical mass of working residents. The Association views the space in the maintenance facility as an opportunity to house its employee without the need for any monetary subsidy from the community’s affordable housing funds. With the City’s efforts to develop new housing at places such as the Lumberyard, it has become common knowledge that it can cost well in excess of $1 million in public funds to subsidize the cost of a new affordable housing unit in Aspen. This space is currently underutilized and could become a legal dwelling unit housing an employee with only minimal upgrades needed. These upgrades will be made by the Association at its own expense, allowing the Association to house its employee rent free. The employee will no longer have to commute to his workplace, providing a secondary community benefit. This is an opportunity that we believe the Aspen community cannot afford to waste. B. Development Suitability. Response: No development is proposed on any of the lands which the Code defines as unsuitable for development. C. Site Planning. Response: The only changes planned to the property are the minor internal upgrades to 121 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 9 the existing office/meeting space shown on the proposed floor plan which will make it habitable by an employee. No changes are proposed to the approved site plan for the Cemetery, so this standard has no substantive applicability to this amendment. D. Dimensions. Response: Ordinance 21, Series of 2009 contains a table which established the dimensional requirements for the Red Butte Cemetery PUD. The only dimension which needs to be changed is with respect to the allowed floor area of the maintenance building. The table lists the maximum allowed floor area as 1,300 square feet. The actual floor area of the building is just 1,280 square feet. The floor area dimension should be amended to state that the allowed floor area of the building is a maximum of 1,300 square feet, which will be comprised of an approximately 928 square foot maintenance area/work room and a 352 square foot affordable housing unit. The applicant will prepare a PD plat to document this change to the internal floor plan of the building if the City determines that a revised plat is needed. A copy of the recorded plat has been provided in this application package. The recorded plat provides a footprint and elevations of the building, but does not depict the internal configuration of the building. Therefore, the applicant does not see the purpose in recording an amended plat unless the City requires the applicant to do so, in which case a plat will be drawn to the City’s specifications. E. Design Standards. Response: No changes are proposed to the exterior appearance of the existing maintenance facility, and there will be no changes to the visual character of the PD. F. Pedestrian, Bicycle and Transit Facilities. Response: The applicant is not aware of any pedestrian, bicycle or transit facilities which are needed to serve the property. However, by creating an affordable housing unit within the City limits, there will be an opportunity for the Cemetery’s employee to walk or use his bicycle for some of daily trips. G. Engineering Design Standards Response: Since no site changes are proposed, this standard does not apply to this proposal. H. Public Infrastructure and Facilities. Response: Since the maintenance facility will not be expanded in any manner, there will be no need for additional infrastructure or facilities to serve this proposal. 122 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 10 I. Access and Circulation. Response: The applicant does not propose any changes to the access and circulation currently provided within the Cemetery. 123 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 11 V. MINOR PD AMENDMENT (STANDARDS FOR USE VARIATIONS) The Park zone district does not list a residential dwelling unit as an allowed or conditional use. Coincidentally, it does not list a cemetery as an allowed or condition use either (though it does list a maintenance facility as a conditional use). Therefore, the applicant is required to request a use variation in order to allow a dwelling unit to be developed in this location. Section 26.445.060 of the Code authorizes an applicant for a PD to request variations in the allowed uses in the zone district. It states that “The permitted and conditional uses allowed on the property shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review”. This section requires the following standards to be considered when granting a use variation: A. The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. Response: The Red Butte Cemetery is situated right in the middle of the Cemetery Lane residential neighborhood. The Cemetery was carved out of a large ranch property approximately 125 years ago and its existence pre-dated all of the residences which surround the property. Those residential subdivisions were also carved out of ranch property decades ago and have created a residential community which enjoys the presence of the Cemetery as a tranquil open space within its midst. While some of those residents see the Cemetery as functioning much like a public park, in reality, it is a private property which has historically been operated to allow for open enjoyment by the public. Construction of the maintenance facility on the property a decade ago was an absolute necessity for the Association to operate the Cemetery and maintain this sprawling, aging property. The Association is now seeking to convert 320 square feet of space within that structure into a dwelling unit where its only employee can be housed. This will allow the Association to enhance the upkeep of this historic property by having an on-site “caretaker” for the property who provides a regular presence on this site. It will be easier for the employee to take care of the property and his regular presence will make the Cemetery a safer, more secure environment. Having a single small affordable housing unit within the Cemetery would appear to be entirely compatible with the character of this residential neighborhood. In fact, the applicant has recently learned that the City of Aspen has for many years had a small employee housing unit within its Golf/Parks Maintenance Complex just down Cemetery Lane from the Red Butte Cemetery. So there is ample precedent for creating an affordable housing unit within a maintenance facility that is located within public open space in this neighborhood. 124 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 12 This small affordable housing unit will be surrounded by much larger single family residences on all sides. Its impacts will be essentially negligible compared to those of its much larger neighbors. Given its small size, the unit will, without any doubt, only be suitable for a single occupant and will never be occupied by a family. No external changes are planned to the building and the Association will include provisions in the employee’s lease stating that the employee shall not make any physical changes to the surrounding site. Therefore, neighbors will not see anything physically different at the facility and surrounding lands from what they have experienced for the last decade. B. The proposed use variation is effectively incorporated into the project’s overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. Response: The proposed use will be effectively incorporated into the project by being located within the existing confines of the maintenance facility. There will be no external changes to the building or to the site as a result of converting a portion of the facility into a dwelling unit. Having an employee housing unit on-site will be a valuable addition to the Cemetery. Housing is an important benefit to offer to an employee, even if it is a limited space such as is being proposed here. It will help the Association recruit and keep an employee who will maintain the Cemetery. Having someone staying on-site will also provide improved security for the property through a more frequent on-site presence. C. The location, size, design, and operating characteristics of the proposed use variation minimizes adverse effects on the neighborhood and surrounding properties. Response: There are several ways in which this proposal has minimized its impacts on the surrounding area. First, the applicant proposes no changes to the exterior of the building or to the site, so there will be no visual change to the area caused by this proposal. As noted above, the Association will instruct its employee to not alter the site outside of the facility as part of his lease to live there. There is already parking in front of the building to accommodate the employee’s vehicle. Second, the applicant does not propose to change the internal configuration of the facility, so that the room which constitutes the dwelling unit will remain at just 352 sq. ft., while the work room will remain as 928 square feet. This ensures that the living space will only be suitable for a single employee and will not become the residence of a family. D. The proposed use variation complies with applicable adopted regulatory plans. Response: Please see the response to Project Review Standard A, above. 125 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 13 VI. GMQS REVIEW FOR AFFORDABLE HOUSING The Land Use Code requires the development of an affordable housing unit to be reviewed and approved, approved with conditions, or denied by the Planning and Zoning Commission based on the general requirements listed in Section 26.470.080, and all other applicable review criteria of this Title. If the affordable housing project is located within a historic district or, as is the case for this property, within an historically designated property, the Historic Preservation Commission is the review body for this review. Following are applicant’s responses to the general requirements outlined in Sec. 26.470.080: (a) Sufficient allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.040(b). Applications for multi-year development allotment, pursuant to Section 26.470.110(a) shall be required to meet this standard for the growth management years from which the allotments are requested. Response: The applicant is only requesting a single residential allotment. Sec. 26.470.040 (b) of the Code makes 13 free market residential allotments available each year. This section does not place any limit on the number of affordable housing units that can be created in per year. In either case, sufficient allotments are available to allow this project to proceed. (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: In order to conform to the requirements of this title and zone district, the applicant must obtain a use variation, since the use is not listed as an allowed or conditional use by the Code. The use variation request is summarized in Sec. V of this application. The applicant must also obtain a Minor PD Amendment in order to address the condition in the prior approval which prohibited the maintenance facility from being used as a living unit or for sleeping. The PD Amendment request is summarized in Sec. IV of this application. If these approvals are granted by the Aspen City Council, the proposed development will be in conformance with this standard.. 126 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 14 (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 infrastructure necessary for this dwelling unit to be occupied is already in place. The applicant is not aware of any improvements needed to serve this unit, but will comply with any reasonable requirements which the City may impose on its development. Additionally, the following shall apply to all affordable housing developments: (1) The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen Pitkin County Housing Authority Regulations. The developer of the project may be entitled to select the first purchasers, subject to the aforementioned qualifications, pursuant to the Aspen Pitkin County Housing Authority Regulations. The deed restriction shall authorize the Aspen Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Aspen Pitkin County Housing Authority Regulations, as amended. Response: The unit is proposed to be a rental unit, not a for-sale unit. This type of tenancy is allowed for non-profit organizations in sub-section (2), below. (2) The proposed units may be rental units, including but not limited to rental units owned by an employer, government or quasi-government institution, or non-profit organization if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing associated for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Response: The proposed unit will be a rental unit which is owned by the Red Butte Cemetery Association, which is a non-profit organization. The unit will be deed restricted via a legal instrument which will be drafted in conjunction with the City Attorney. The Association will offer the unit to its employee as year-round, rent free employee housing. (3) A combination of "for sale" and rental units is permitted. Response: Not applicable since the proposal is for a single rental unit. 127 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 15 VII. CONCLUSION The above responses and the attached exhibits provide the materials that are required to process this application and demonstrate the compliance of the proposed development with the applicable standards of the Aspen Land Use Code. Should any reviewing agency request additional information, or need for the applicant to clarify any of the statements made herein, the applicant will respond in a timely manner. Please contact us as necessary. 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 4,514 752.3 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0752.3376.17 Notes Red Butte Cemetery Vicinity Map THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 10:54 AM 10/05/23 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Rivers and Creeks Continuous Intermittent River, Lake or Pond Town Boundary Federal Land Boundary BLM State of Colorado USFS 150 151 152 Existing October 2023 153 154 155 156 157 18 Truscott Pl Aspen, CO 81611 (970) 920-5050 www.apcha.org / apchahometrek.org Strengthening Community Through Workforce Housing LAND USE REFERRAL MEMORANDUM TO: Jeffrey Barnhill Community Development Department FROM: Cindy Christensen, Deputy Director - APCHA DATE: December 4, 2023 RE: Red Butte Cemetery Planned Development – LPA-23-087 PROJECT The property is located at 808 Cemetery Lane and is owned by the Red Butte Cemetery Association, which obtained a deed to the property in 1899. The applicant is requesting that the existing unit be modified into a residential unit, place a deed restriction on the unit, and allow an employee to live there full-time. DISCUSSION The unit is located with the Red Butte Cemetery, off of Cemetery Lane. The request would only be permitted to be rented to the Red Butte Cemetery Association’s employee. The applicant is requesting a modified deed restriction as the position requires the employee to primarily work in the spring, summer and fall (plus snow plowing the roads in the winter). The applicant does not believe that the employee would work the required 1500 hours as stipulated by the APCHA Regulations. RECOMMENDATIONS: Based on the application, APCHA would recommend approval based on the following: • The unit will be specifically for the employee of the Red Butte Cemetery Association; • A deed restriction approved by APCHA must be recorded on the unit; • The employee must still qualify with APCHA prior to occupying said unit as well as requalifying every two years as required by the Regulations. • Said employee does not have to meet the minimum number of hours of 1500 hours, however, must work the time specified in the application for the Red Butte Cemetery Association (spring, summer, fall, and snow plowing the roads in the winter). • The employee cannot own any other residential property within the ownership exclusion zone as specified by the APCHA Regulations. • The unit shall be classified as a Category RO, but the rental rate will be based on the employee’s category. 158 1 Jeffrey Barnhill From:Stuart Hayden Sent:Monday, March 4, 2024 10:11 AM To:Jeffrey Barnhill Subject:FW: Red Butte Cemetery Affordable Housing Application Follow Up Flag:Follow up Flag Status:Flagged Jeff, Here’s a bit o’ public comment for your packet. Dutifully, Stuart Stuart Hayden (he/him/his) Planner II, Historic Preservaon | Community Develo pment (O): 970.975.1640 | (C): 970.975.1640 www.cityofaspen.com My typical work hours are Monday through Friday 9 - 5. Our Values: Stewardship | Partnership | Service | Innovaon Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Jack Cohen <jcohen@darkknightventures.net> Sent: Monday, March 4, 2024 9:39 AM To: Stuart Hayden <Stuart.Hayden@aspen.gov> Subject: Re: Red Butte Cemetery Affordable Housing Application We understand that the “city facility” on the back side of the cemetery is being considered for an aordable housing unit. While I understand the acute work force housing issue that the town faces, I write to ask that this cemetery unit be denied.* I don’t think you appreciate the unique nature of having a home that faces a cemetery. When I bought my home at 1260 Snowbunny Lane I later found out I was the only person to submit a bid. The other lookers could not get over the view of the cemetery. Being adjacent to a cemetery is not a value enhancer. 159 2 We love our home and I sincerely plan on being buried in that cemetery. The home will be in generational trusts for our children and theirs. This will become our family compound for our 4 children who live and are raising families in LA and NYC. We really do NOT want to watch folks BBQ outside the city facility in the cemetery. We don’t want the traic. We don’t want the risk of parties. IT is a cemetery for god sake. Please leave it be. *p.s. as to the workforce housing issue in the town, THAT problem I would be honored to join your efforts to find a solution for Aspen and down valley. I have been in the commercial real estate finance business for 42 years. I even financed the Whole Foods transaction in Basalt! Jack M. Cohen CEO Darkknight Ventures, LLC Cell: 312.543.5872 jcohen@darkknightventures.net http://darkknightventures.net/ 160 3 Jeffrey Barnhill From:Stuart Hayden Sent:Tuesday, March 5, 2024 5:33 PM To:Jeffrey Barnhill Subject:FW: Red Butte Cemetery PD Amendment dated October 2023 Follow Up Flag:Follow up Flag Status:Flagged Stuart Hayden (he/him/his) Planner II, Historic Preservaon | Community Develo pment (O): 970.975.1640 | (C): 970.975.1640 www.cityofaspen.com My typical work hours are Monday through Friday 9 - 5. Our Values: Stewardship | Partnership | Service | Innovaon Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Steven Spiritas <ss@spiritasgroup.com> Sent: Tuesday, March 5, 2024 5:13 PM To: Stuart Hayden <Stuart.Hayden@aspen.gov> Subject: FW: Red Butte Cemetery PD Amendment dated October 2023 From: Steven Spiritas Sent: Tuesday, March 5, 2024 6:11 PM To: 'kirsten.armstrong@aspen.gov' <kirsten.armstrong@aspen.gov> Cc: 'vakas22@gmail.com' <vakas22@gmail.com> Subject: Red Butte Cemetery PD Amendment dated October 2023 Aspen Historic Preservation Commission attention : Kara Thompson, Chair We are writing to urge HPC preserve the sanctity and serenity of the Red Butte Cemetery (RBC) by recommending that no affordable housing or other type of residential unit be allowed in the existing maintenance building. In December, 2008, after an extensive review including a site visit and public comments, HPC recommended construction of that maintenance building because it was an approved conditional use under the current zoning of the cemetery as "Park." At that time, the RBC 161 4 board was also requesting a variance to permit a residence be granted. HPC at that time voiced their objection to a residence/dwelling unit and voted against the variance, HPC expressed a lot of concerns not only because the Park zoning would not allow it, but also because of the inappropriateness of a dwelling unit in a cemetery. We hope as part of your due diligence in this matter, you will review the minutes and strong neighbor oppositional comments made during that review. In 2008, once it became clear that Council would not approve a residence because both HPC and P & Z recommended against it, and there was overwhelming neighborhood opposition, RBC regrouped and asked only for a warm room within the maintenance building. Alan Richman and John Thorpe stood before the HPC and promised assurances that the warm room would never become a residence, temporary or permanent. No one really objected to the warm room because of those assurances, but the warm room proved to be a slippery slope that has gotten us to this point today. The promises turned out to be completely untrue because approximately 2 years after the completion of the maintenance building, RBC came requesting changes to make the warm room livable. Council, through some odd reasoning ultimately approved a 1 year trial use of the warm room as a place to sleep overnight occasionally. Even with the trial the RBC employee overnighted only 45 nights. That trial expired 10 years ago, and the cemetery has continued to function without anyone sleeping there, as it has for the last 125 years. If this amendment is approved by HPC , the town is sliding farther down the slope with a precedent that opens the door for other Parks to potentially consider . RBC request, if granted , would essentially convert the maintenance building to a detached single family residence with a large garage. (a dwelling unit) The original Ordinance approving the maintenance building was passed in 2009, meaning that amendments to this Ordinance must be governed by the rules outlined in 26.445 of the code. Thus, this PD overlay done under prior Code prohibits Planned Development from changing underlying uses: Sec 26.445.040: “A. Uses: The land uses permitted in a PUD shall be limited to those allowed in the underlying zone district in which the property is located.” In this case, "Park." Since 2008, nothing has changed with regard to zoning of the cemetery nor the inappropriateness of someone living in the cemetery, which is a place to house the departed. This property was purposely zoned "Park" after much thoughtful deliberation and discussion with the RBC board at the time (1977 - 1978). While the cemetery seems to be divided into two portions with the north part being an active burial area, there are burials moving into the more undeveloped south areas. That entire portion has been platted with burial plots going all the way up to and around the maintenance building. Thus, it is clear that zoning should apply to the entire cemetery, not just the north portion. This makes even more significant the comments regarding the unseemly prospect of garbage collectors, parcel delivery, friends of the resident coming for social events, etc. driving through the serene dirt lanes in order to get from Cemetery Lane to a residence. HPC is charged with preserving the wonderful historic legacy Aspen has been gifted with, and the current application is an egregious assault on that legacy. Under the code and reasonably based on the historic and sacred nature of the cemetery itself, there should never be a residence of any sort allowed in this place. It should be further noted that no reasonable person/entity should be suggesting that a dwelling unit of any sort be allowed in any other city park, yet approving this request that one be allowed in the cemetery "park" sets a precedent and opens the door for other such requests. 162 5 We have owned our home since 1991, and are well acquainted with all issues of the application pertaining to this amendment request, and are in full disagreement with and in opposition to permitting an affordable housing unit in the "Park-Cemetery " . Please take all of this information into consideration, and recommend that no affordable housing unit or any other sort of dwelling, permanent or temporary, be permitted in the Red Butte Cemetery property. Unfortunately we are not able to attend the scheduled agenda Respectfully submitted , Steven & Alexis Spiritas 163 6 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, March 6, 2024 8:19 AM To:Jeffrey Barnhill Subject:FW: Housing in Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Going through all of my emails, and am going to forward all of the public comments for this project to you if you could include in the packet. Thanks! Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preserva?on | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innova?on No?ce and Disclaimer: This message is intended only for the individual or en?ty to which it is addressed and may contain informa?on that is confiden?al and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the informa?on or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informa?on and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representa?ons that may or may not be accurate. The opinions and informa?on contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Bob Beals <beals3006@icloud.com> Sent: Saturday, March 2, 2024 7:52 AM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Housing in Red BuHe Cemetery I am very much against conver?ng the barn in the cemetery to accommodate living quarters. Dr. Robert Beals 1270A Snowbunny Lane Sent from my iPhone 164 To: Aspen Historical PreservaƟon Commission From: Bob Beals, Ryan and Lauren Elston, Jack and Susan Apple, Steven and Alexis Spiritas RE: Red BuƩe Cemetery Affordable Housing Proposal Date: March 7th, 2024 The Red BuƩe Cemetery AssociaƟon (RBCA) ongoing volunteer efforts to maintain a valuable and historic community asset is greatly appreciated by the neighbors and the community. Important progress has been made on issues presented in the last proposal to the Historic Planning Commission (HPC). However, in addiƟon to not meeƟng their commitment to not use the maintenance facility as employee housing, the RBCA has not complied with other material aspects of their commitment, and we suggest that the HPC disapprove this applicaƟon and require that the RBCA comply with original commitments that were part of the approval for the original applicaƟon. Specifically, commitments to screen the maintenance facility and protect the Northern meadow. In their applicaƟon, RBCA states “this space has reverted to its prior office/meeƟng use and has not been used as a dwelling unit.” However, according to police records, there have been 6 reports of people “sleeper” calls for the cemetery since 2019, clearly violaƟng the agreed upon rules that the RBCA has commiƩed too. When the original applicaƟon was made, one of the condiƟons for approval by both the HPC and the City Council was to have a landscape management plan that would be implemented. A cri Ɵcal aspect of this plan and recommendaƟon from the HPC was to provide some type of screening for the building. In the minutes from the HPC meeƟng in December of 2008, John Thorpe stated “our idea is to screen it from the neighbors and cemetery’s benefit, however that is best accomplished.” As we can see from the plans presented in the various applicaƟon documents (please see exhibits 1, 2 and 3, starƟng on page 3) there was significant screening that was required. However, looking at the picture in exhibit 4 that is taken from the RBCA’s own applicaƟon, it can be clearly seen that no screening or improvements have been done and parts of the area are currently being mowed, and that the RBCA is not in compliance with their commitments to the community. It is important to note that the cemetery has developed all six of the North Meadow blocks that were menƟoned in the plan during this Ɵme frame and spent over 130,000 dollars on this project according to their financial records, including almost 90,000 dollars on tree planƟng, while failing to comply with the landscape plan for screening. In the RBCA’s response to the HPC’s concerns in November of 2008, the document states that the new proposal was designed to “preserve as much of the exisƟng sage meadow at the rear of the property as possible. Sage meadows are a rapidly disappearing type of landscape in the upper Roaring Fork Valley” and that it was “an important ecological type that should be maintained”. As can be seen from the dramaƟc changes in the Google Earth pictures in exhibits 5 and 6, the RBCA has not protected the meadow as promised and as can be seen in exhibits 7 and 8 has done the opposite and intenƟonally destroyed this criƟcal environment. This also violates the aforemenƟoned landscape management plan. 165 Finally, we have included pictures of fuel tanks in exhibit 9 that were not part of the original applicaƟon and that are clearly not in compliance with the associated regulaƟons required for this type of environmentally hazardous material to protect the area from contaminaƟon. Based on the RBCA’s failure to comply with the requirements of the first applicaƟon and its blatant violaƟon and disregards for the commitments made, we strongly urge the HPC to reject the applicaƟon and look for opƟons to enforce the original agreed management plan for the cemetery by requiring screening and restoraƟon of the porƟons of the meadow that have been intenƟonally destroyed and mowed under. Sincerely, Bob Beals, David Alƞeld, Ryan and Lauren Elston, Jack and Susan Apple, Steven and Alexis Spiritas We have included a link to the public documents and other materials referenced here for you convenience that can be accessed by clicking on the following link: hƩps://www.dropbox.com/scl/fo/pyxec6x2x67jmbi6z4hji/h?rlkey=4opbw8uebk2jpjp1Ō7ep99wo&dl=0 Please also see the pictures/exhibits on the following pages. 166 Exhibit 1: HPC Agenda Packet Public MeeƟng December 10, 2008: SubmiƩed plans show screening of new building with trees Exhibit 2: City Council Agenda Packet Public MeeƟng November 9th, 2009 (Second Reading, starts page 185): SubmiƩed plan shows significant screening 167 Exhibit 3: Final landscape plan from Sarah Shaw: Exhibit 4: RBCA applicaƟon October 2023, page 39 picture: Shows areas where significant improvements were commiƩed to but not executed and to the contrary are now being mowed under in a substanƟal porƟon. 168 Exhibit 5: Google Earth picture November 2019 Exhibit 6: Google Earth picture November 2023 Large parts of the north meadow that were marked for restoraƟon have been mowed under. This can also be seen in exhibit 5. AddiƟonal photos showing mowing violaƟons available. 169 Exhibit 7: Digging up sage brush Exhibit 8: Vehicle full of destroyed Sage Brush 170 Exhibit 9: PotenƟally non permiƩed fuel tanks not included in original applicaƟons: 171 7 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, March 6, 2024 8:20 AM To:Jeffrey Barnhill Subject:FW: Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preserva?on | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innova?on No?ce and Disclaimer: This message is intended only for the individual or en?ty to which it is addressed and may contain informa?on that is confiden?al and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the informa?on or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informa?on and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representa?ons that may or may not be accurate. The opinions and informa?on contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Rebecca Shaffer <rhshaffer@bellsouth.net> Sent: Saturday, March 2, 2024 1:15 PM To: Kirsten Armstrong <Kirsten.armstrong@aspen.gov> Subject: Red BuHe Cemetery The building located in the cemetery should not be converted into employee housing. It should remain a storage facility. Rebecca Shaffer 1270 Snowbunny Lane Sent from my iPad 172 8 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, March 6, 2024 8:27 AM To:Jeffrey Barnhill Subject:FW: 808 Cemetery Lane - Formal Obection Letter Attachments:Saussus - HPC Letter.pdf Follow Up Flag:Follow up Flag Status:Flagged Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservation | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Patrick Saussus <saussus@gmail.com> Sent: Tuesday, March 5, 2024 7:35 AM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: 808 Cemetery Lane - Formal Obection Letter Ms. Armstrong, Please see attached letter concerning the upcoming RBCA rezoning application. Regrettably I will be out of town during the March 13 formal public hearing else I would be present to personally voice my objection to the application. Thank you for taking the time to read the letter and weigh the consequences of the HPC decision. Regards, Patrick Saussus 60 Overlook Dr. 173 Historic Preservation Committee kirsten.armstrong@aspen.gov March 5, 2024 RE: 808 Cemetery Lane, Red Butte Cemetery Ms. Armstrong, As the resident of 60 Overlook Dr. adjacent to the Red Butte Cemetery, I am writing to formally object to the Red Butte Cemetery Association (RBCA) repeated attempts to construct a permanent dwelling on the property. I strongly urge the Historic Preservation Committee (HPC) to force the City Council to deny the applicant’s request for new zoning as they did when this was first proposed in 2014. The Cemetery is zoned Park (P), and a residence is not permitted under this zoning. Granting the RBCA a residence within this zoning not only violates the rules but undermines the entire zoning system. Furthermore, the RBCA application does not propose any limits on duration of the approval or allow for any review process. Should the HPC fail its primary duties and allow the City Council to rezone the Cemetery to residential, more applications will be forced through under the guise of affordable housing and the entire character of Cemetery will be tarnished. This is a disrespect not only to the neighbors of the Cemetery but more importantly to those who lie in rest and the friends and family who visit them. The HPC has a strong reputation making difficult decisions to maintain the unique character and history of this wonderful City we call home. Please continue to make the right decision and convey to City Council that approval of this rezoning application will do irreparable harm to Aspen. Regards, Pat rick Saussus 60 Overlook Dr. 303.513.3632 174 9 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, March 6, 2024 8:28 AM To:Jeffrey Barnhill Subject:FW: Public Hearing regarding 808 Cemetery Lane, Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preserva?on | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innova?on No?ce and Disclaimer: This message is intended only for the individual or en?ty to which it is addressed and may contain informa?on that is confiden?al and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the informa?on or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informa?on and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representa?ons that may or may not be accurate. The opinions and informa?on contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: CAROLINE KAPLAN <carolux@me.com> Sent: Tuesday, March 5, 2024 8:08 AM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Public Hearing regarding 808 Cemetery Lane, Red BuHe Cemetery Historic Preserva?on Commission Aspen City Hall 427 Rio Grande Place Aspen, CO 81611 To members of the HPC, 175 10 My husband and I own the house at 1252 Snowbunny Lane. We are opposed to the request by the Red BuHe Cemetery Associa?on to renovate the exis?ng maintenance shed by turning it into a dwelling. The current use of the shed as an occasional dwelling is already a viola?on of the land use code. We cannot trust the RBCA not to pursue the crea?on of addi?onal dwelling units in the cemetery. Unfortunately we cannot aHend the hearing on 3/13, however we do appreciate you taking the ?me to learn of our concerns. Caroline and Hugh Kaplan 1252 Snowbunny Ln. Aspen, CO 81611 301-704-9186 176 11 Jeffrey Barnhill From:Kirsten Armstrong Sent:Thursday, March 7, 2024 8:31 AM To:lindaukraine@yahoo.com; Jeffrey Barnhill Subject:RE: Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Good morning Linda, Thank you for your comment. I'm including my colleague Jeffrey Barnhill who is working on the staff memo. He will make sure your comment is included in the packet for HPC review. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preserva?on | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innova?on No?ce and Disclaimer: This message is intended only for the individual or en?ty to which it is addressed and may contain informa?on that is confiden?al and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the informa?on or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informa?on and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representa?ons that may or may not be accurate. The opinions and informa?on contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: linda ukraine <lindaukraine@yahoo.com> Sent: Thursday, March 7, 2024 8:23 AM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red BuHe Cemetery Dear Kirsten - My name is Linda Ukraine and I live on Overlook Dr. I am wri?ng to you to oppose the considera?on of puNng in a housing unit at the cemetery. And possibly having that area built up. It is a cemetery, not a neighborhood, and also designated as a park. The egress would be impossible. Thank you. Linda Ukraine 177 12 Jeffrey Barnhill From:Kirsten Armstrong Sent:Thursday, March 7, 2024 3:04 PM To:Ryan J. Elston Cc:Jeffrey Barnhill Subject:RE: Red Butte Cemetery Affordable Housing Application Follow Up Flag:Follow up Flag Status:Flagged Hello Ryan, Thank you for your comment. I'm including my colleague Jeffrey Barnhill who is working on the staff memo. He will make sure your comment is included in the packet for HPC review. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservaon | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innovaon Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Ryan J. Elston <ryan@aspenlocal.com> Sent: Thursday, March 7, 2024 3:03 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red Butte Cemetery Affordable Housing Application To: Historic Preserva?on Commission My name is Ryan Elston and I own a home at 1242 Snowbunny Lane, which directly abuts the Red BuHe Cemetery (specifically the expansion field within direct sightlines of the “maintenance facility”). 178 13 I am opposed to your approval of the RBCA maintenance facility to be converted to an affordable housing unit/dwelling unit/residence of any kind temporarily or permanently. This is a direct viola?on of the City of Aspen zoning and land use restric?ons, which are in place for a reason and should be upheld. Reviewing and approving zoning and land use in our city on a case-by-case basis sets a dangerous precedent. Please deny this applica?on. Thank you, Ryan Elston 179 14 Jeffrey Barnhill From:Chris Bryan <cbryan@garfieldhecht.com> Sent:Thursday, March 7, 2024 3:17 PM To:Kirsten Armstrong Cc:Jeffrey Barnhill Subject:Opposition to Minor PD Amendment Application of Red Butte Cemetery Association Attachments:3.7.24.-ltr-Kirsten Armstrong-opposition to RBC Application.pdf Follow Up Flag:Follow up Flag Status:Flagged Kirsten, Please see the aHached leHer from me on behalf of Protect The Cemetery, a Colorado non-profit organiza?on. Please include this in the HPC packet for the 3/13/24 mee?ng and let me know of any ques?ons. Thank you. CHRIS _______________________________ Christopher D. Bryan Shareholder Garfield & Hecht, P.C. Aspen | Avon | Carbondale | Crested BuHe | Denver | Glenwood Springs | Rifle 625 E. Hyman Ave., Suite 201 Aspen, Colorado 81611 Phone: (970) 925-1936 x802 Facsimile: (970) 925-3008 Email: cbryan@garfieldhecht.com Webpage: www.garfieldhecht.com 180 ASPEN OFFICE 625 East Hyman Avenue, Suite 201 Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com 2978597.1 March 7, 2024 CHRISTOPHER D. BRYAN cbryan@garfieldhecht.com Via E-Mail Kirsten Armstrong, Principal Planner City of Aspen Historic Preservation 427 Rio Grande Place Aspen, Colorado 81611 E-mail: kirsten.armstrong@aspen.gov RE: Opposition to Minor PD Amendment Application of Red Butte Cemetery Association Dear Ms. Armstrong: This law firm represents the Protect The Cemetery, a Colorado nonprofit corporation (“PTC”). We write with respect to the upcoming Historic Preservation Commission (“HPC”) meeting on March 13, 2024, concerning the pending Minor PD Amendment Application (“Application”) submitted by the Red Butte Cemetery Association (“Applicant”). Please provide this letter to the HPC members and include it in the packet ahead of that meeting. PTC’s singular mission, and sole purpose, is to protect the sanctity and ambience of the Red Butte Cemetery, which has existed well over a century. The cemetery is not only hallowed ground for the gravesites of those laid to rest there but also for family members, descendants, and friends who visit their departed loved ones. The cemetery is one of the last remaining sites of what is warmly referred to as “old Aspen,” and it provides peace and serenity for all who frequent its grounds. It falls on HPC to resist the request to shoehorn employee housing where it clearly does not belong. HPC has a duty to protect the sanctity of the cemetery. While HPC may be tempted to grant the Application in the name of “employee housing at all costs,” there are numerous reasons not to do so. First, it is unnecessary. For decades Applicant has not needed to provide housing to its employees. There is nothing in the record to suggest that Applicant now needs to offer its part-time employee housing, and certainly nothing to suggest it needs to do so on the cemetery grounds themselves. Indeed, even Applicant admits in the Application that the housing would only be for certain parts of the calendar year, not enough to fulfill the 1,500 hours worked in Pitkin County and for nine months to be APCHA- eligible. There are many other places—by the most current estimate, approximately 3,300 affordable housing units and 5,600 affordable housing bedrooms—where this part-time employee can reside. The cemetery is not needed for housing. It was not designed for that and should not be allowed. 181 GARFIELD & HECHT, P.C. Ms. Kirsten Armstrong March 7, 2024 Page 2 2978597.1 Second, housing someone in a location that is clearly not zoned for residential housing is inappropriate and runs counter to City of Aspen zoning restrictions. As the City of Aspen’s zone district map shows, the cemetery is zoned P (for Park): According to the City of Aspen’s Land Use Code (“LUC”), the following uses are permitted as of right in the Park (P) Zone District: (1) Open-use recreational facility, park, playfield, playground, swimming pool, golf course, riding stable, nursery, botanical garden; and (2) Accessory buildings and uses. See LUC Sec. 26.710.240(b). Section 26.710.240(c) of the LUC provides that the following uses are permitted as conditional uses in the Park (P) Zone District, subject to the standards and procedures established in Chapter 26.425 of the LUC: (1) Recreation building; (2) Sport shop; (3) Restaurant facility; (4) Park maintenance building; and (5) Farmers' market, as defined in LUC Sec. 26.04.100. Any use that is not specifically listed in Chapter 26.710 as a permitted or conditional use in a Zone District shall be considered prohibited, unless otherwise interpreted by the Community Development Director pursuant to Chapter 26.306. See LUC Sec. 26.710.010. 182 GARFIELD & HECHT, P.C. Ms. Kirsten Armstrong March 7, 2024 Page 3 2978597.1 As is evident from the LUC, residential housing is not allowed in this zone district, either as a permitted or conditional use. The Park zoning restriction should be complied with. Indeed, it would an abuse of discretion and a misapplication of the law for HPC to allow housing in P-zoned district. Moreover, because the cemetery has not been rezoned—and there’s no evidence that a rezoning application has even been presented to the City of Aspen’s Planning & Zoning Commission—HPC would be exceeding its jurisdiction were it to approve the Application. That could result in litigation, which no one wants. Third, housing someone there disrespects the cemetery and its special purpose. Housing someone on cemetery grounds could cause disruption to the quiet environs where people go to mourn and reflect on lost loved ones. The sanctity of the cemetery should be respected. The cemetery is historic. This commission, as its name implies, is tasked with “historic preservation”—not converting special solemn places like the cemetery into a housing project. Fourth, allowing residential housing in the cemetery is decidedly not in the best interests of the surrounding neighborhoods and the community at large. Applicant’s request—to be able to house a part- time employee for just part of the calendar year—has minimal (if any) community benefit. That has to be weighed against the disturbance that having residential housing on-site would do for the neighbors, many of whom are longtime residents and community members that want to honor and protect the cemetery from the threat of encroaching development. Many of the neighbors have vocalized their opposition to the Application, and HPC should take seriously those public comments. Fifth, retrofitting a “maintenance facility” to accommodate residential housing is inappropriate for a cemetery. Plus, no one will be able to regulate or restrict the part-time employee’s social engagements on-site. If housing is allowed here, the part-time employee will be able to host dinner parties, birthday parties, get-togethers, and other social functions, and no one will legally be able to prohibit that. Sixth, if HPC grants this Application, it will be welcoming in a Trojan horse—and we all know the dangers of that. HPC would be setting a dangerous precedent whereby developers could seek to build housing in designated open spaces and other parks throughout Aspen. And if HPC or other City officials rejected those applications, the developers would point to the Application here and cite it as precedent. Developers would have strong legal grounds to sue for selective enforcement and disparate treatment under the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The City of Aspen would then face numerous lawsuits. The constitutional remedy would be to allow such residential housing developments in city parks, which would destroy the serenity and peacefulness that such parks are created for in the first place. That is a slippery slope that HPC should avoid. In sum, it is clear that the Application is a classic example of trying to fit a square peg in a round hole. In an era of breakneck development, endless in-fill, and increased density throughout town, are there no places that are left sacred? A cemetery is a place for the dead to rest in peace, not a place for part-time employees to rest their heads. HPC should hold the line here and deny the Application. Please contact me with any questions or if you would like to discuss these issues in further detail. Very truly yours, 183 GARFIELD & HECHT, P.C. Ms. Kirsten Armstrong March 7, 2024 Page 4 2978597.1 GARFIELD & HECHT, P.C. Christopher D. Bryan cc: Jeffrey Barnhill (jeffrey.barnhill@aspen.gov) 184 15 Jeffrey Barnhill From:Kirsten Armstrong Sent:Thursday, March 7, 2024 3:52 PM To:Jeffrey Barnhill Subject:FW: Letter for Public Comment Attachments:Letter to HPC regarding RBCA Proposed Housing March 7, 2024.pdf Follow Up Flag:Follow up Flag Status:Flagged Jonathan, Thank you for your leHer. I'm including my colleague Jeffrey Barnhill who is working on the staff memo. He will make sure your comment is included in the packet for HPC review. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservation | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Jonathan Nickell <jonathan.nickell@gmail.com> Sent: Thursday, March 7, 2024 3:48 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Cc: Public Comment <publiccomment@aspen.gov> Subject: Letter for Public Comment Kirsten, Please see the attached letter from me and some of my neighbors. Please include this in the HPC packet for the March 13th Meeting. Thanks, 185 16 Jonathan Nickell 186 17 Jeffrey Barnhill From:Jonathan Nickell <jonathan.nickell@gmail.com> Sent:Thursday, March 7, 2024 3:56 PM To:Jeffrey Barnhill; kristen.armstrong@aspen.gov; beals3006@icloud.com Subject:Fwd: Letter for Public Comment Attachments:Letter to HPC Red Butte Cemetery 03.07.24.pdf Follow Up Flag:Follow up Flag Status:Flagged Forwarding this one to Jeffery as well, get well soon Kristen. ---------- Forwarded message --------- From: Jonathan Nickell <jonathan.nickell@gmail.com> Date: Thu, Mar 7, 2024 at 3:54 PM Subject: Re: Letter for Public Comment To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Cc: <publiccomment@aspen.gov>, <beals3006@icloud.com> Kirsten, My neighbor Bob Beals asked me to forward this to you as he does not do email well. I have copied him here as well. Please see the attached letter from him and several neighbors. Please include this in the HPC packet for the March 13th Meeting. Thanks, Jonathan Nickell 187 To: Aspen Historical PreservaƟon Commission From: Jonathan and Paula Nickell, Charles Gubser, Michael and Cathy Tierney, Linda Ukraine RE: Red BuƩe Cemetery Affordable Housing Proposal Date: March 7th, 2024 First, we would like to thank the Red BuƩe Cemetery AssociaƟon (RBCA) for their ongoing volunteer efforts to maintain a valuable and historic community asset. Important progress has been made on many fronts that were issues at the Ɵme since the issue was last before the Historic Planning Commission (HPC). It is important to note that this was done without anyone living in the cemetery, even in the one- year trial period in 2014 the employee only stayed overnight 30-45 Ɵmes according to the applicaƟon. While recognizing the contribuƟons of the RBCA, we would respecƞully suggest that the HPC disapprove this applicaƟon for the following reasons. The Cemetery was intenƟonally zoned “Park” (P), aŌer extensive discussion with and input from the Cemetery Board when zoning was implemented in the early 1970's. Bill Kane, who was involved in the original zoning process has previously submiƩed a leƩer to City Council indicaƟng that one of the reasons for the Park zoning was to prohibit a living unit in the Cemetery. However, the RBCA has insisted on installing a housing unit and applied for a housing unit and maintenance facility in 2007. AŌer significant work, lengthy discussions, and site visits by HPC, the community and the RBCA, an agreement was reached to approve a Major Development project which resulted in a deed restricƟon staƟng, “The maintenance facility shall not be used as a living unit or a place to sleep overnight”. In Amy Gutherie’s memo agenda packet to the HPC on December 10, 2008, it asked the HPC to consider the RBCA proposal and states in bold type “The caretaker unit that was previously proposed in the project has been eliminated” and in RBCA’s own response to the HPC “the applicant understands the need for this concession.” It is also relevant that at the Ɵme that HPC suggested turning the exisƟng small Victorian cabin into a living unit, but the RBCA “is not prepared to develop a small unit in the southeastern corner of the property” rejecƟng that idea and eliminaƟng the unit altogether. In the meeƟng minutes from that December meeƟng, HPC Chairperson, Michael Hoffman, expressed the neighbors’ concern that the warm room porƟon of the unit would be used for some form of housing. John Thorpe, President of the RBCA answered “that is not our intenƟon. It is not going to be used for housing”. Current RBCS President Stony Davis was also present at this meeƟng as a member of the board making this commitment. In March of 2014, prior to receiving the occupancy permit for the maintenance facility, RBCA submiƩed a minor amendment to City Council to allow the aforemenƟoned warm room to be used for sleeping overnight. This minor amendment effecƟvely bypassed the HPC and P&Z and this point was quesƟoned by several councilmen during the review process. AddiƟonally, one of the councilmen expressed “concern that it will turn into a permanent residence”. This submission finally resulted in ordinance 30, by a 3-2 vote, that allowed for a one-year trial period for the unit to be used as dwelling unit for the RBCA’s employee but that it would not serve as a primary residence. AŌer one year the RBCA chose not to pursue addiƟonal periods and the neighbors were again in opposiƟon to any extension. 188 Now in March of 2023, RBCA applies to have the same space converted into a deed restricted affordable housing unit. In their applicaƟon the RBCA states that the maintenance facility was “designed and built with two disƟnct rooms under one roof. These rooms are separated by a wall and a door that were designed and built to meet fire codes for these two types of occupancy.” This clearly shows that the RBCA has intended to use the unit as a housing unit all along, directly in contradicƟon to the condiƟons for the original permit that were agreed upon and the RBCA’s publicly stated commitments to the community. It is also important to note that RBCA has many other opƟons to meet the ongoing needs of the cemetery stated in the applicaƟon, but insist in installing housing in the cemetery against community and HPC wishes. First and foremost is that the type of landscaping and property administraƟon services that they need to have performed are readily available in the valley by many reputable companies and would not require anyone to live in the cemetery. AddiƟonally, concerns about security appear to be overstated. According to public records, since 2014, there have been only two police reports regarding the Red BuƩe Cemetery. The reports state that the vandalism was likely done by children living on cemetery lane. The total damage was 1,200 dollars, cameras were installed and there have been no reported incidents since. Vandalism has also happened on Snowbunny Lane, however it would not be reasonable for local garages to be converted into sleeping quarters for when residents are out of town to protect their properƟes. As far as housing is concerned, the RBCA has had viable free market opƟons but has chosen not to pursue them, claiming insufficient funds on several occasions. According to tax records, the RBCA spent approximately 400,000 dollars to build the maintenance facility in 2012. At the Ɵme this reduced their savings and investments from approximately 559,000 to 218,000 dollars. Since that Ɵme the RBCA has managed to increase their savings and investments to 1,072,000 at the end of 2022 (2023 statements are not yet available). As early as 2019, they had 720,000 available for use. The RBCA had 854,000 dollars available to use for employee housing at the end of 2022 if they reduced their saving and investments to previously acceptable levels. A quick search of the available properƟes shows that there currently are free market opƟons available that would be far superior for truly maintaining a long-term employee for the RBCA in the range of 700,000-800,000 dollars. In summary, nothing has changed since the original submission to the HPC, where the RBCA made clear commitments and representaƟons that they would not use the maintenance facility for employee housing units. There are mulƟple viable opƟons to meet the stated ongoing needs of the cemetery for both landscaping and property management as well as housing for their employee, that the RBCA has chosen not to pursue. In our opinion it would be an error to allow an organizaƟon to make promises to the community and then allow the “bait and switch” that has been perpetuated on everyone as well as the incompliance of mulƟple other commitments. We respecƞully ask the HPC to take a firm stance on the RBCA’s mulƟple commitments to not use the maintenance facility as housing and to comply with other shortcomings in compliance with the previous approval. Respecƞully, Jonathan and Paula Nickell, Charles Gubser, Michael and Cathy Tierney, Linda Ukraine 189 We have included a link to the public documents and other materials referenced here for you convenience that can be accessed by clicking on the following link: hƩps://www.dropbox.com/scl/fo/to3js03r19eemldgkmgsh/h?rlkey=uxl7uhgxm5aaxu94175vge Ņ8&dl=0 190 1 Jeffrey Barnhill From:Sandy Johnson <skjdesign@comcast.net> Sent:Monday, March 11, 2024 4:26 PM To:Jeffrey Barnhill Subject:Re: Red Butte Cemetery application Follow Up Flag:Follow up Flag Status:Flagged Thanks! Will leers sent now be included in the pa cket for the April meeng? Sandy On Mar 11, 2024, at 2:01 PM, Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> wrote: Good a3ernoon, We have received public comment from you regarding 808 Cemetery Lane, this public comment was not included in the agenda packet published on 8 MAR but was forwarded to the HPC members. I want to provide an update that the applicant has indicated that they would like to request a connuance to April 24th. This request will be presented at HPC on Wed, 13 MAR, but no further parculars of the pr oject will be discussed at this week's meeng. Thank you! Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 hps://url.avanan.click/v2/___hps://www.aspen.gov___.YXAzOmNpdHlvZmFzcGVuOmE6bzo4ZTk4YmM0ZGJlM2UxZjVl YmYxODA5NTcyYjY3YmFjMTo2OjUxMGI6M2MzYmRiOTM3YzU0MjVmY2ZmZjllY2Q0NDQ1OTYyMTc0NGZmNmE5NWZhYT U4Y2QyNzI2NzhmMTQ4YmE4YzA4MTpwOlQ My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovaon Noce and Disclaimer: This message is intended only for the individual or enty to which it is addressed and may contain inf ormaon that is confidenal and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the informaon or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informaon and opinions contain in the email are ba sed on current zoning, which is subject to change in the future, and upon factual representaons that may or may not be accurate. The opinions and informaon contained he rein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Sent: Monday, March 11, 2024 8:18 AM 191 2 To: sandra johnson <skjdesign@comcast.net> Cc: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: RE: Red Bue Cemetery applicaon Good morning Sandra, I've forwarded this email along to the HPC members. Thank you! Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservaon | Community Development (O): 970.429.2759 | (C): 970.319.0700 hps://url.avanan.click/v2/___www.cityofaspen.com___.YXAzOmNpdHlvZmFzcGVuOmE6bzo4ZTk4YmM0ZGJlM2UxZjVlY mYxODA5NTcyYjY3YmFjMTo2OmY3ZmY6OWYyZGIwMzZmOTAwYWI0ZjM5ZjMzNGIwMTAyZmVkZDEzMzBmNjFjNWNkYm I2YzNkZmY4YTJmYWU1OWQ2YjkzMDpwOlQ My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innovaon Noce and Disclaimer: This message is intended only for the individual or enty to which it is addressed and may contain inf ormaon that is confidenal and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the informaon or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informaon and opinions contain in the email are ba sed on current zoning, which is subject to change in the future, and upon factual representaons that may or may not be accurate. The opinions and informaon contained he rein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: sandra johnson <skjdesign@comcast.net> Sent: Friday, March 8, 2024 2:41 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red Bue Cemetery applicaon Dear HPC I am wring to ask you to deny the RBC applicaon f or a housing dwelling in their maintenance building. We have been through this before 10 years ago, and HPC denied it. There were valid reasons then and they have not changed. There is even more reason to deny now! On the surface, I would not be opposed to them housing one person in a studio apartment, as we were shown at their open house in December. However, because the enre property would need to be re- zoned from park to residenal, I see huge implicaons in the future for that propert y. It would not to remain a cemetery with a park-like seVng, historical, with nave plants unique to Aspen. It c ould easily be sold for many other uses. It needs to remain a cemetery for the future of Aspen. Thank you, 192 3 Sandy & Peter Johnson 970 925 6191 193 4 Jeffrey Barnhill From:Chet Winchester <Chet.Winchester@aspensnowmasssir.com> Sent:Monday, March 11, 2024 3:51 PM To:Jeffrey Barnhill Subject:RE: Public hearing 808 Cemetery Lane Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Jeery Barnhill City Aspen Community Development My name is Robert Winchester, resident of Aspen on Cemetery lane for the last 50 years. I currently own 777 Cemetery and 745 Cemetery. I am writing to object to the changes applicants are requesting At the public hearing . Sincerely , Robert P. Winchester 777Cemetery Lane Aspen, Colorado 81611 IMPORTANT NOTICE: Wire fraud, email hacking and phishing attacks are critical security issues. Email is neither secure nor confidential. If you receive an email from anyone concerning any transaction involving Aspen Snowmass Sotheby’s International Realty requesting you to wire funds anywhere or asking you to provide nonpublic personal information (such as credit or debit card numbers, or bank account or bank routing numbers) by unsecured return email, NEVER respond to the message even if it appears to be sent by our company. Instead, immediately call your real estate agent and report the suspicious activity by emailing IT.Support@aspensnowmasssir.com or calling (970) 273-4032. ALWAYS confirm wire transfer instructions by phone to a known number before sending any funds. 194 5 Jeffrey Barnhill From:Sandi <sandifark@gmail.com> Sent:Monday, March 18, 2024 5:00 PM To:Kirsten Armstrong; Jeffrey Barnhill Cc:Andrew Farkas Subject:Red Butte Cemetery Affordable Housing Proposal Follow Up Flag:Follow up Flag Status:Flagged Hello Kristen and Jeffrey, Please include the email below in the public comment portion of the April 24th meeting of the HPC regarding the Red Butte Cemetery Affordable Housing Proposal. Dear Members of the Historic Preservation Commission, Our names are Andrew and Sandi Farkas and we live at 75/77 Overlook Drive off of Red Butte and behind the cemetery. We are opposed to the RBCA's proposal to use the maintenance shed as an affordable housing unit. This proposal goes against both the land use code and the character of the cemetery. We respectfully request that you deny this application. Regards, Sandi and Andrew Farkas 195 6 Jeffrey Barnhill From:Susan Spalding <susan@spaldingmgt.com> Sent:Tuesday, March 26, 2024 4:15 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Proposed Housing Follow Up Flag:Follow up Flag Status:Flagged Dear Je: Thank you for letting me know that the hearing for the proposed housing at the Red Butte Cemetery was postponed and thus there is still time for public comment on the situation. Unfortunately I will be out of town on the scheduled hearing date in April so will not be able to attend it. While I am very sensitive to the need for employee housing in Aspen, I admit to feeling quite dismayed when I learned about the proposal to convert the maintenance facility for the cemetery into an employee housing unit. I buried my husband, Michael (Mickey) Spalding in the “new” part of the cemetery in October 2022. This is quite close to the maintenance facility. Part of why I chose that burial plot was for its isolation, view, peace and quiet, and sense of solitude I experience there. Mickey moved to Aspen in 1970, built our house on Snowbunny Lane in 1985, and was a very active part of the Aspen community. I “joke” that he has just moved further down Snowbunny Lane to his new location. Going to his gravesite (which will also be mine) provides my family members and myself a great sense of peace. My concern with the thought of a housing unit so close to the actual gravesites is that the quiet, beautiful solitude of the place may be marred by the activities of daily living. I realize there are houses behind that area (on Snowbunny Lane), but they are set back and separated by the stream and trees. By turning eastward, there are no homes in the view plane, which again, is very peaceful. There are very few places in this world that oer such solace to me as a grieving widow. Thank you in advance for sharing my feedback with the various authorities. Please feel free to contact me if you have any questions. Regards, Susan W. Spalding 1360 Snowbunny Lane Aspen, CO 81611 (970) 925-6810 home Susan@SpaldingMgt.com 196 7 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, April 3, 2024 1:15 PM To:Steven Spiritas; Jeffrey Barnhill Subject:FW: Red Butte Cemetery Variance request Attachments:080102 Bill Kane HPC Ltr.pdf; 14711 SAS Council Bill Kane Intro.docx Follow Up Flag:Follow up Flag Status:Flagged Thanks Steven! Forwarding to the case planner, Jeffrey Barnhill so he can include it in his packet. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservation | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-ofice hours are Monday through Frida y 8 - 4. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Steven Spiritas <ss@spiritasgroup.com> Sent: Tuesday, April 2, 2024 4:58 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red Butte Cemetery Variance request This communication replaces our prior communication . Please add to the HPC packets prior to the scheduled April 24 meeting. Aspen Historic Preservation Commission attention : Kara Thompson, Chair We are writing to urge HPC preserve the sanctity and serenity of the Red Butte Cemetery (RBC) designated historical site by recommending that no housing residential unit be allowed in the existing maintenance building. The cemetery property must remain a sacred place that promotes divine worship , and solemn tranquil thoughts for loved ones and friends. . If overnight permanent housing were allowed, it would be 197 8 contrary to fostering and protecting its sacred character that HPC has the responsibility to ensure. Thus we request HPC recommend to the city council denial of the variance request. In December, 2008, after an extensive review including a site visit and public comments, HPC recommended construction of a maintenance building because it was an approved conditional use under the current Park zoning at the time . At that time, the RBC board was also requesting a variance to permit a residence be granted. HPC voiced their strong objection to a residence/dwelling unit and voted against the dwelling variance. HPC expressed a lot of concerns not only because the Park zoning would not allow a dwelling, but also because of the inappropriateness of a dwelling unit in a cemetery. We request HPC review the prior minutes and strong neighbor oppositional comments made during that review. For some historical context please see the attachment of Bill Kane’s January 2, 2008 letter to HPC and our attachment dated July 11, 2014 . The entire property was purposely zoned "Park" after much thoughtful deliberation and city agreement with the RBC board at the time (1977 - 1978). In 2008, once it became clear that Council would not approve a residence because both HPC and P & Z recommended against it, and there was overwhelming neighborhood opposition, RBC regrouped and asked only for a “warm room” within the maintenance building. Alan Richman and John Thorpe ( RBC President) ) stood before the HPC and promised assurances that the warm room would never become a residence, temporary or permanent. No one really objected to the warm room because of those assurances, but the warm room proved to be a slippery slope that has gotten us to this point today. The promises turned out to be completely untrue because approximately 2 years after the completion of the maintenance building, RBC came requesting changes to make the warm room a living unit. The RBC stated reasons are the same today as they were in 2008 & 2014. Council approved a conditional overnight living trial in 2014 that would expire in one year. Even then the RBC employee overnighted only 45 nights. That trial expired 10 years ago, and the cemetery has demonstrated its historic ability function and be maintained without anyone sleeping there, as it has for the last 125 years. It should be apparent that this property is to be used solely for the burial of the dead. It is not a place for a single family residence. All of the property is held for burial sites, not for a living site. It should remain a quiet and peaceful hollow ground that allows no development for housing. A permanent resident would make unlimited daily trips of egress and ingress that currently does not exist. Friends and family of the resident would add additional layer of unlimited egress and ingress trips. This becomes more significant when added to the unseemly prospect of garbage collectors, parcel delivery, resident social events, holidays, indoor - outdoor entertaining , sport vehicles etc. driving through the serene dirt lanes in order to get from Cemetery Lane to a residence. We have owned our home since 1991, and are well acquainted with the issues of the application pertaining to this amendment request, and are in full disagreement with and in opposition to permitting an affordable housing residence in the "Park-Cemetery ". The requested variance , if granted , would convert the existing maintenance building to a detached single family residence. A precedent would be set that opens the development door for all 38 other city zoned parks. It also would encourage a future developer who wishes to contract this privately owned land for other purposes and confront the question as to whether they have the legal right to alter its use. Burial ground preservation by definition does not include a single family residence for a living person. There should not be any further development allowed on the cemetery property. Respectfully submitted , Steven & Alexis Spiritas 198 9 199 10 Jeffrey Barnhill From:Steven Spiritas <ss@spiritasgroup.com> Sent:Wednesday, April 3, 2024 3:15 PM To:Kirsten Armstrong; Jeffrey Barnhill Subject:RE: Red Butte Cemetery Variance request Follow Up Flag:Follow up Flag Status:Flagged Thank you . From: Kirsten Armstrong [mailto:kirsten.armstrong@aspen.gov] Sent: Wednesday, April 3, 2024 2:15 PM To: Steven Spiritas <ss@spiritasgroup.com>; Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: FW: Red Butte Cemetery Variance request Thanks Steven! Forwarding to the case planner, Jeffrey Barnhill so he can include it in his packet. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservation | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-ofice hours are Monday through Frida y 8 - 4. 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From: Steven Spiritas <ss@spiritasgroup.com> Sent: Tuesday, April 2, 2024 4:58 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red Butte Cemetery Variance request 200 11 This communication replaces our prior communication . Please add to the HPC packets prior to the scheduled April 24 meeting. Aspen Historic Preservation Commission attention : Kara Thompson, Chair We are writing to urge HPC preserve the sanctity and serenity of the Red Butte Cemetery (RBC) designated historical site by recommending that no housing residential unit be allowed in the existing maintenance building. The cemetery property must remain a sacred place that promotes divine worship , and solemn tranquil thoughts for loved ones and friends. . If overnight permanent housing were allowed, it would be contrary to fostering and protecting its sacred character that HPC has the responsibility to ensure. Thus we request HPC recommend to the city council denial of the variance request. In December, 2008, after an extensive review including a site visit and public comments, HPC recommended construction of a maintenance building because it was an approved conditional use under the current Park zoning at the time . At that time, the RBC board was also requesting a variance to permit a residence be granted. HPC voiced their strong objection to a residence/dwelling unit and voted against the dwelling variance. HPC expressed a lot of concerns not only because the Park zoning would not allow a dwelling, but also because of the inappropriateness of a dwelling unit in a cemetery. We request HPC review the prior minutes and strong neighbor oppositional comments made during that review. For some historical context please see the attachment of Bill Kane’s January 2, 2008 letter to HPC and our attachment dated July 11, 2014 . The entire property was purposely zoned "Park" after much thoughtful deliberation and city agreement with the RBC board at the time (1977 - 1978). In 2008, once it became clear that Council would not approve a residence because both HPC and P & Z recommended against it, and there was overwhelming neighborhood opposition, RBC regrouped and asked only for a “warm room” within the maintenance building. Alan Richman and John Thorpe ( RBC President) ) stood before the HPC and promised assurances that the warm room would never become a residence, temporary or permanent. No one really objected to the warm room because of those assurances, but the warm room proved to be a slippery slope that has gotten us to this point today. The promises turned out to be completely untrue because approximately 2 years after the completion of the maintenance building, RBC came requesting changes to make the warm room a living unit. The RBC stated reasons are the same today as they were in 2008 & 2014. Council approved a conditional overnight living trial in 2014 that would expire in one year. Even then the RBC employee overnighted only 45 nights. That trial expired 10 years ago, and the cemetery has demonstrated its historic ability function and be maintained without anyone sleeping there, as it has for the last 125 years. It should be apparent that this property is to be used solely for the burial of the dead. It is not a place for a single family residence. All of the property is held for burial sites, not for a living site. It should remain a quiet and peaceful hollow ground that allows no development for housing. A permanent resident would make unlimited daily trips of egress and ingress that currently does not exist. Friends and family of the resident would add additional layer of unlimited egress and ingress trips. This becomes more significant when added to the unseemly prospect of garbage collectors, parcel delivery, resident social events, holidays, indoor - outdoor entertaining , sport vehicles etc. driving through the serene dirt lanes in order to get from Cemetery Lane to a residence. We have owned our home since 1991, and are well acquainted with the issues of the application pertaining to this amendment request, and are in full disagreement with and in opposition to permitting an affordable housing residence in the "Park-Cemetery ". The requested variance , if granted , would convert the existing maintenance building to a detached single family residence. A precedent would be set that opens the development door for all 38 other city zoned parks. It also would encourage a future developer who wishes 201 12 to contract this privately owned land for other purposes and confront the question as to whether they have the legal right to alter its use. Burial ground preservation by definition does not include a single family residence for a living person. There should not be any further development allowed on the cemetery property. Respectfully submitted , Steven & Alexis Spiritas 202 203 July 11, 2014 Dear Mayor and City Council Members Attached is a letter that was submitted by Bill Kane during the original RBCA application process. As you can see, Bill was the Director of Planning for the City of Aspen from 1975-1978 when zoning was implemented. He points out that RBC was specifically zoned P Park after much thoughtfulness and careful discussions with the Cemetery Board of that time. We contacted Bill on July 2nd and had a lengthy telephone conversation. Bill is currently serving as Chairman of the Colorado Parks & Wildlife Commission, and as such, travels frequently. He is currently out of town and thus unable to attend this meeting. He did, however, give us permission to re-submit his 2008 letter. As he stated to us, his position has not changed and so this letter represents his feelings today just as strongly as it did then. When the RBC was zoned Park, it was never contemplated that the cemetery would be used for residential housing. He further commented that passing an amendment such as the one being requested by the RBCA will set a terrible precedent that the City Council will regret in the future. Further, such an amendment will have negative and unintended consequences for not only Aspen, but potentially municipalities throughout the valley. Please read carefully Bill’s comments and heed his recommendation that this application be denied. Thank you for considering this, Steven &Alexis Spiritas 204 13 Jeffrey Barnhill From:Bill Sharp <bill.sharp4@comcast.net> Sent:Tuesday, April 9, 2024 8:25 AM To:Jeffrey Barnhill Subject:I support Stoney and cemetery needs Follow Up Flag:Follow up Flag Status:Flagged Sent from my iPad 205 14 Jeffrey Barnhill From:Denise Cetta <dcetta@mac.com> Sent:Tuesday, April 9, 2024 9:06 AM To:Jeffrey Barnhill Cc:Stoney Davis; Michael Cetta Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill: My husband and I own several plots at Red Butte. My father and sister are buried there. I hope you have had the opportunity to visit Red Butte. It has given me and my family such peace as we have mourned and celebrated the lives of our loved ones. We are writing in support of having someone live on site at the cemetery to take care of the grounds. I fear the cost of living in Aspen makes it impossible to sustain a reasonable solution for the cemetery’s upkeep without considering this solution for housing. Mr. Stoney Davis has been a gift to the community in the way he has maintained the cemetery's operations for so long. He will be missed, however, I am certain that if housing is made available that will pave the way to a new sustainable model for this Aspen treasure. We are sorry we will not be available to attend the meeting on April 24th, so please take this email as a sign of our full support for the model of housing a caretaker on Red Butte’s land. Please let us know if we can be of further assistance during this committee discussion. All the best. Denise and Michael Cetta Denise Schrier Cetta Producer, CBS News, 60 Minutes Cell: 202-262-5948 206 15 Jeffrey Barnhill From:Jones, M. Douglas, Jr. <DOUG.JONES@CUANSCHUTZ.EDU> Sent:Tuesday, April 9, 2024 9:22 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Association proposal Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, My wife and I own two plots at the Red Butte Cemetery. Ongoing maintenance of the property is a concern. For years, D. Stone Davis has been doing much of the work needed to sustain the Cemetery and its appearance— everything from business matters to watering newly planted trees—gratis, as a volunteer. The Association is unlikely to find a volunteer replacement with Mr. Davis’s constant ready availability and devotion. The sustainable solution is that proposed by the Cemetery Association, an employee living on site. We wonder if neighbors objecting to this proposal have considered the possibility that the appearance of the Cemetery might deteriorate when Mr. Davis is not constantly available. More important, the Association’s obligations to its neighbors are necessarily secondary to its obligations to the families of loved ones buried at Red Butte Cemetery and to the Aspen community at large. We hope the Association’s proposal is evaluated accordingly. Best regards, M. Douglas Jones, Jr., MD 207 16 Jeffrey Barnhill From:Elizabeth Gell-Mann <boxwood77@yahoo.com> Sent:Wednesday, April 10, 2024 12:04 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery proposal to house onsite local caretaker Follow Up Flag:Follow up Flag Status:Flagged Hello, Jeffrey, I support the Red Butte Cemetery Association proposal to continue the tradition of housing a local caretaker onsite, at the north side of the cemetery. The cemetery has been well cared for, by following this tradition. Best wishes to the next local onsite caretaker. Elizabeth Gell-Mann. 208 17 Jeffrey Barnhill From:Leo Barabe <barabe@sopris.net> Sent:Wednesday, April 10, 2024 4:24 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Association Follow Up Flag:Follow up Flag Status:Flagged Jeffrey Barnhill Community Development Department City of Aspen Dear Jeffrey, We’re writing in support of the Red Butte Cemetery Association’s desire to house an employee within the cemetery property. My wife and I live right next door to the cemetery on the south side. She has lived here since 1956 and I since 1984. We have always found the management and employees of the cemetery to be great neighbors. Having an employee living on the property makes good sense to me. Having an employee live in the community where they work is a plus for a town that has such a difficult time housing its workforce. If you could share our thoughts with the Historical Preservation Committee it would be appreciated. Thanks for your time. Respectfully, Leo and Carolyn Barabe. 209 18 Jeffrey Barnhill From:Bernie Pearce <bdpsinsello@gmail.com> Sent:Thursday, April 11, 2024 2:06 PM To:Jeffrey Barnhill Cc:D. Stone Davis Subject:Red Butte Cemetery Caretaker Proposal Letter of Support Follow Up Flag:Follow up Flag Status:Flagged 4-11-24 … 2:05 p.m. To Jeffrey Barnhill: We are writing this memo to urge the HPC to seriously consider the proposal by the Red Butte Cemetery Association that the new sexton be allowed to have housing capabilities onsite in the building provided on the north end of the property. A cemetery is a sacrosanct location which infuses a community with a spirit to maintain a sense of dignity for its family members that have passed on and retain a key element of history that honors its forebears. In essence, it is a tangible connection to the intangibility that blends the past with the present and gives rise to the future. Thus, the provision of the primary caretaker to live onsite makes the general stewardship move to the forefront by allowing such important activities as preparation for burial arrangements, consistent maintenance of sections and plots, and helpful guidance to visitors be readily available. The HP of HPC stands for Historic Preservation. So what better way to live up to that designation than to take this reasonable step to honor the request by the Red Butte Cemetery Association. With sincerity and reverence, Bernie & Rich Pearce 216 E. Main St. Aspen, CO 81611 210 19 Jeffrey Barnhill From:Jaquetta Friend <Jaquetta@aspencapital.co.uk> Sent:Thursday, April 11, 2024 3:57 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery- Local Housing Issue Attachments:Letter Red Butte Ceremony April 2024 .pdf Follow Up Flag:Follow up Flag Status:Flagged Dear Mr Barnhill Please see attached Mr Robert Hissom’s letter in support of oering housing to a local who can take ca re of the Red Butte Cemetery. Best wishes. Jaquetta Friend EA to Robert Hissom Aspen Capital Partners (Europe) Limited WhatsApp +447788372970 Disclaimer This email message has been scanned for viruses by Mimecast. Mimecast delivers a complete managed email solution from a single web based platform. For more information please visit http://www.mimecast.com 211 ASPEN CAPITAL PARTNERS (EUROPE) LIMITED § 85 HARBORD STREET, LONDON SW6 6PL ROBERT@ASPENCAPITAL.CO.UK § TEL: +447836360460 JAQUETTA@ASPENCAPITAL.CO.UK § TEL: +447788372970 REGISTERED OFFICE: CHANCERY HOUSE, ST NICHOLAS WAY, SUTTON, SURREY SM1 1JB § REGISTERED NO.: 03398248 ENGLAND & WALES AUTHORISED & REGULATED BY THE FINANCIAL CONDUCT AUTHORITY 12 April 2024 Jeffrey Barnhill Historic Preservation Committee Community Development Department BY EMAIL: jeffrey.barnhill@Aspen.gov Dear Mr Barnhill Red Butte Cemetery – Proposed Local Housing I write in support of the proposal to house a local to take care of the Red Butte Cemetery, which is critical to Red Butte Cemetery’s future. Housing a local in an existing structure in a market that has nearly no affordable housing is the right thing to do. I endorse the cemetery’s proposal for an onsite manager. Best wishes. Robert Hissom 212 20 Jeffrey Barnhill From:Wil Bailey <wil@thewinecompany.net> Sent:Friday, April 12, 2024 8:55 AM To:Jeffrey Barnhill Subject:Red Butte Cemetary - housing Follow Up Flag:Follow up Flag Status:Flagged Mr Barnhill – I’m writing you in strong support of the Red Butte Cemetery’s request for on site housing for a local employee. I grew up in Aspen. My mother (who still lives in town) owns a plot at Red Butte where she will eventually be buried. I have many other friends and family who own plots planned as the final resting places for themselves and their families. And I have many friends who are already at rest at Red Butte. Maintaining Red Butte Cemetery as a functional and indispensable part of Aspen’s historical and future infrastructure is vital. How is that going to happen without someone to manage and do the work there? We’re all clear on the extreme worker housing challenges in Aspen. As I understand this request it is to let an employee working on site live in the existing building on the property. This seems like an awfully simple solution to a specific and undeniable need. Red Butte is beautiful and important to Aspen. Allowing a resident worker on site will only improve the long term benefits and sense of community the Cemetery provides to all Aspen residents and their families. Thank you very much for taking the time to read this message. Be well, Wil Bailey (he/him/his) Portfolio Director Phone: 651-487-1212 425 W Minnehaha Ave, St. Paul, Minnesota, 55103 Browse SevenFifty Catalogue | Download Spirits Portfolio 213 21 Jeffrey Barnhill From:Sashapfit <sashapfit@aol.com> Sent:Friday, April 12, 2024 10:46 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, Thank you for all you do. I am writing in support of the proposal for an onsite manager at Red Butte Cemetery to best preserve Red Butte's future. This is an ideal solution to help maintain the unique and historic nature of Red Butte in the centuries to come. An onsite manager would provide a greater level of security, the ability to immediately address regular and unexpected maintenance issues and would be readily available to prepare plots to be opened for funeral services. Given the needs of Red Butte families for peace of mind in this very special place, having an onsite manager would strengthen the plans for the cemetery's future upkeep. The knowledge that a local would live on the premises to look after the precious resting places of our loved ones (and eventual resting spots for some of us) is an indescribable and invaluable comfort. Also, the distance from any neighbors' houses to the existing structure proposed to house the onsite manager is significant and certainly greater than the distances between the neighboring houses. So any potential concerns they might have pale in comparison to the need for a sustainable future for Red Butte, which predates most of those houses. I recommend the Historic Preservation Committee strongly endorse the cemetery's proposal for an onsite manager. Please feel free to reach out with any questions or concerns. Many thanks for your consideration. Kindest Regards, Sasha Meshkov 214 22 Jeffrey Barnhill From:rlrmd@aol.com Sent:Friday, April 12, 2024 12:19 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, I have a vested interest in Red Butte Cemetery. My wife of 43 years is buried there, and I plan to be also when I die. The Red Butte Cemetery Association (RBCA) is developing a long-term plan to guarantee the cemetery’s maintenance and upkeep. The RBCA believes this is essential and the best way to accomplish this would be to hire an onsite manager. One way to ensure being able to hire such a person would be for that person to have housing. It is no secret that housing is becoming more and more of a problem in the Aspen area. They propose to house that person in the existing structure on the north end of the property. I am asking you to support this proposal to safeguard the vital ongoing maintenance of the Red Butte Cemetery not only for myself but for the entire community. Thank you for your support. Randy Rosett 505-934-4948 215 23 Jeffrey Barnhill From:j.walker1776@gmail.com Sent:Friday, April 12, 2024 4:06 PM To:Jeffrey Barnhill Cc:j.walker1776@gmail.com Subject:Red Butte Cemetery onsite manager Follow Up Flag:Follow up Flag Status:Flagged I’m an Aspen resident who lives on Silver King Drive just o Cemetery Lane. I support allowing an ons ite manager to reside in the existing structure at Red Butte Cemetery. The cemetery has been a part of Aspen since 1899 and is the final resting place for thousands of our residents. One of those buried there is my 26-year-old daughter Kathryn who passed away in 2014. It is comforting to the community to know that someone is housed onsite for the daily, as well as the unexpected, needs for the cemetery’s upkeep and security. The proposal to house an employee going forward is a practical and reasonable step. As we all know, aordable housing for locals is a rare commodity at best. To create an aordable unit for a local who’ll mainta in the historic site is the right thing to do for the City of Aspen. A few neighbors have expressed concerns about this housing unit. The existing structure is more than 100 yards away from the houses that border the cemetery. Those neighbors are much closer to each other than they are to the proposed and existing housing unit. I strongly recommend the Historic Preservation community endorse the proposal of housing an onsite manager to help preserve the cemetery. Thank you. John E. “Ned” Walker 216 24 Jeffrey Barnhill From:Karen Steveson <kchizs@comcast.net> Sent:Friday, April 12, 2024 6:43 PM To:Jeffrey Barnhill Cc:D. Stone Davis Subject:Employee housing at RBC Attachments:RBC.docx Follow Up Flag:Follow up Flag Status:Flagged Hello, Please find attached my letter in support of the proposed employee housing for RBC. Sincerely, Karen Chisholm Stevenson kchizs@comcast.net 970-970-7948 217 To: Jeffery Barnhill From: Karen Chisholm Stevenson Dear Jeffery, I recently received an email from Stoney Davis, regarding the changes the Red Butte Cemetery Association is proposing this year. First, let me say that I have considerable respect and appreciation for Stoney’s long history of service he has provided for the association and the community. Also, on occasion I have had the need for working with Stoney, as I have many close family members and friends resting in peace at the Red Butte cemetery, as both sides of my family were born and raised here with family in Aspen and the RFV since the 1800’s. This cemetery is a special place, and I hope it to remain so, for many years to come. As I have indicated, I was born and raised in Aspen, and have been a part of its history, growth and many changes most of my life. That said I can fully understand the need for employee housing that isn’t miles away from the source of the business. Therefore, I very strongly agree with, and support, the RBCA’s specified request to provide this on site at the current location and using the already existing structure on the north end of the propert y, for an individual that fulfills the duties described. In addition, it is with dismay that I understand neighbors in the area have issue with this as the building already exists and is well away from the Snowbunny subdivision and so would seem to not infringe on anyone’s privacy. Again, having been born and raised in Aspen and having seem many many changes and lots of growth I think it is very important to provide living spaces within the community that don’t require long drives to get to work and for employees that work within the community. So please consider this letter a “vote” of support for the proposed employee housing at the Red Butte Cemetery. Sincerely, Karen C. Stevenson 218 25 Jeffrey Barnhill From:ANNE COLE <cole805a@aol.com> Sent:Friday, April 12, 2024 7:45 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, I am wring in support of the Red Bue Cemetery Ass ociaon’s plan to house an onsite manager at Red Bu e Cemetery in a pre-exisng building. My father, Sydney Meshko v, is buried there as well as many family friends. I have a personal interest in ensuring that the maintenance and upkeep connues in a similar manner as it has over the l ast several decades. I agree with the Associaon that an onsite manager housed on the premises would be the best soluon. Sincerely, Anne (Meshkov) Cole Sent from my iPhone 219 26 Jeffrey Barnhill From:Richard Simpson <rsimpson.dallas@gmail.com> Sent:Saturday, April 13, 2024 12:48 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Mr. Barnhill, I am wring in support of the Red Bue Cemeter y’s board proposal requesng the allowance of a res ident groundskeeper in the current on-site facility. I have taken walks in the cemetery since a then family home on Silver King (where my wife and I currently spend almost every other month) was built in 1987, when I was 35…with a 3 year old daughter, who ended up as an adult in Aspen. We now have 2 grandsons in and entering into the Aspen School District. Times have indeed changed. No more having a pitcher at Cooper Street on the sidewalk. And no more of a lot (no) more. That’s a book…not a story. Change isn’t easy, and I get that the RBC neighbors see (in their mind’s eye) kids on bikes, lights…a cemetery becoming someone’s playground. (Belly Up II? ) I also get that the Red Bue Cemetery is a valuab le community asset where there’s a lot of history. It is my understanding that the Elks Club provides resng places for members who would ask for such, so its locals’ history is only expanding. I know that there is a love of the Red Bue Cem etery by the individuals who are responsible for it, because they have loved ones who are buried there. I’d bet they will be too one day. The point being, I doubt very seriously that the RBC board made their request without such being their best opon for the long term care of those grounds. Likewise, I trust that such can be implemented so as to alleviate the neighbors’ more serious concerns. Thusly what I hope is that the request will be approved. Likewise, I would think that a vote not to approve almost demands a workable alternave be provided and respo nsibility for such be taken upon by…(fill in the blank). Not just a No vote and that’s that. Somemes larger needs are more important than so called NIMBY issues…which…to a certain degree, this seems to be. Disclosure: My wife and I have a plot (just a bit west of the aforemenoned “on site facility”) where we’ve asked our Aspen daughter (and CA daughter) to put us (ashes)…hopefully a while down the road. !"#$%&’ So I am indeed hopeful that the RBC will have connued upkeep. ()*+ It also seems that with a resident enabled facility that there would be less chance of some soul’s funeral/interment being canceled because…”So sorry…our guy couldn’t get here from (Silt/Rifle/Juncon).” Just sayin’. ,-./-01234 !"#$%&’ … tongue in cheek, sort of. Sincerely, Richard Simpson 220 27 Jeffrey Barnhill From:Alvin Arlian <alarlian4@gmail.com> Sent:Saturday, April 13, 2024 7:13 PM To:Jeffrey Barnhill Cc:dstoned@comcast.net Subject:Red Butte Cemetery Caretaker Follow Up Flag:Follow up Flag Status:Flagged Aspen Community Development Department Attention: Jeffrey.barnhill@Aspen.gov April 14, 2024 RE: Red Butte Cemetery We are writing to you to express our support of the Red Butte Cemetery Association housing an onsite caretaker in the existing structure located within the cemetery. A cemetery caretaker living in the existing structure would: A. Increase fulltime maintenance, security and enhance the cemetery’s safety, beauty and natural environment, B. Be beneficial to adjacent property and homeowners and their property values, and C. Help Aspen and Pitkin County’s current residents and future generations’ consciousness of community and history. We currently own plots, and have great grandparents, grandparents, parents, spouse, sibling, and numerous cousins, aunts and uncles buried in the cemetery. An onsite caretaker living within the cemetery would ensure that our love ones’ grave sites would in the future be a place of beauty and peacefulness. Respectfully Submitted, Al and Bessie Arlian Redstone, Colorado cc: Red Butte Cemetery Association dstoned@comcast.net 221 28 Jeffrey Barnhill From:Craton Burkholder <cratonb@comcast.net> Sent:Sunday, April 14, 2024 9:55 AM To:Jeffrey Barnhill Subject:Cemetery Employee Housing Follow Up Flag:Follow up Flag Status:Flagged We have four sites and would support on site employee housing to assist in care of the cemetery. Thanks! Dr. Craton Burkholder Sent from my iPhone 222 29 Jeffrey Barnhill From:Robert Olson <robertwolson@gmail.com> Sent:Sunday, April 14, 2024 11:55 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, My wife and I own burial plots in Red Butte Cemetery in the expectation that our family will visit us there and appreciate its peaceful, beautiful surroundings after we are gone. However, this ambience will be lost if the cemetery grounds are not properly maintained on a continuing basis. As a consequence, I am writing in support of the request of Red Butte Cemetery for permission to house an on-site manager in an existing structure on the property. My understanding is that such an arrangement is critical to the Cemetery's continued ability to keep its historic grounds in a condition that is respectful to the persons interred there and their families, as well as the cemetery's neighbors and the community at large. With affordable employee housing being increasingly difficult to find in the Aspen area, the Cemetery's ability to engage maintenance employees in the future may be impaired if it cannot offer housing on its grounds. Thank you for your consideration. Bob Olson -- Robert W. Olson 2121 Alpine Pl., #902 Cincinnati, OH 45206 513-607-1598 (cell) robertwolson@gmail.com 223 30 Jeffrey Barnhill From:Ellen Marshall <eflarity@yahoo.com> Sent:Sunday, April 14, 2024 4:09 PM To:Jeffrey Barnhill Subject:re/ Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged We are long time residents of Aspen and voicing our support to house an employee at the site. We see no problem with this being approved. We have friends and family buried there and a keeper sounds prudent. The facility to house this person is in place and it really sounds like such a win/win option. That is our opinion and we hope the board will see it, too. Sincerely, Tom and Ellen Marshall 300 N. Riverside Ave Aspen 970-948-0662 970-948-7171 224 31 Jeffrey Barnhill From:Sandy Johnson <skjdesign@comcast.net> Sent:Monday, April 15, 2024 11:55 AM To:Jeffrey Barnhill Subject:RB Cemetery Follow Up Flag:Follow up Flag Status:Flagged I see the noce re: housing unit, and re-zoning to allow that. How much property are they asking to be re-zoned? It certainly is not a residenal area, it’s a histo ric cemetery! What do they really have in mind? May I suggest it makes a lot more sense to re-model the small white building that is adjacent to a residenal area already, if what they want is housing for one caretaker. Please explain, thanks! Sandy 225 32 Jeffrey Barnhill From:Janet Blaich <janblaich@gmail.com> Sent:Monday, April 15, 2024 2:43 PM To:Jeffrey Barnhill Subject:Red butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged To the HPC Bob Blaich sat at the table with some of you at HPC meetings over a number of recent years. He served as Vice Chair until he resigned several months before he died. He is buried in Red Butte Cemetery. When Bob and I selected and purchased our plots, it was meaningful to us that this cemetery was a special gift to Aspen where generations of people who lived , worked, raised families and loved their mountain valley have been buried in this cemetery . We were also confident that the Association who owns and maintains the cemetery and has cared for it so well would continue to do so at the same level of care. Stone Davis as their president has volunteered to oversee the maintenance for the past twenty some years, tending to all the small and large details that have been necessary to ensure that the cemetery is well cared for..But time moves on. .I am grateful that the Association is looking ahead to its future care., The plans call for putting into place a full time site manager to oversee all operations necessary to maintain the cemetery grounds. Providing housing on the grounds for the manager is a win-win all around, including for the neighborhood. Continuous care and increased security, as well as adding another badly needed housing unit ro Aspen's critical shortage benefits everyone... I know how Bob would regard this plan. The points I have made I'm certain are the points he would make. I urge the HPC to concur with those points for a favorable reception to the Red Butte Cemetery Association's plans. Sincerely, Jan Blaich 226 33 Jeffrey Barnhill From:Gary Bishop <bishop_77@msn.com> Sent:Tuesday, April 16, 2024 9:55 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Onsite Manager Proposal Attachments:Red Butte Cemetery Matter.doc Follow Up Flag:Follow up Flag Status:Flagged Mr. Barnhill, Would you please pass on the attached letter to the Aspen Historic Preservation Commission. Gary Bishop 227 Gary Bishop 3654 E. Cove Point Drive Millcreek, UT 84109 Telephone: (719) 221-0494 E-Mail: bishop_77@msn.com April 16, 2024 Re: Red Butte Cemetery Onsite Manager Proposal Aspen Historic Preservation Commission: The purpose of this letter is to endorse the Red Butte Cemetery Association’s proposal to house an onsite manager in an existing building on the cemetery property. It is important to my family that the cemetery continue to be properly preserved, maintained, and improved going forward. Many members of my family are buried there including my parents, both sets of grandparents, both sets of great grandparents, two uncles and an aunt and a number of other more distant relatives. I have great confidence in the judgement of the Association’s board of directors and, if they believe that having an onsite manager is the best option for the future, I fully trust in their judgement. This is a very common-sense solution in an place where employee housing is expensive and in short supply. I can only hope that those neighbors who oppose this proposal will show some respect and consideration for those who came before them. Your consideration of these comments is appreciated. Respectfully, Gary Bishop 228 34 Jeffrey Barnhill From:PAMELA DOLBY <pdolby2@mac.com> Sent:Tuesday, April 16, 2024 11:41 AM To:Jeffrey Barnhill Subject:On site manager at the Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Hi Jeffrey, As I understand it, there is potential to have an onsite manager at the cemetery.. As a neighbor (our home is at the corner of Castle Creek Drive and Cemetery Lane) and dog owner I am in the cemetery every day…I’m usually the one that calls Stoney if there are issues that arise when no one is there. In the past that includes: 1. Water issues with the sprinklers where they shoot water 5-10 feet in the air 2. Tree branches down-some in the past have been substantial 3. Random escapades where a car gets stuck in the drainage ditches. It would be brilliant to have a full time manager living on property. I consider the Red Butte Cemetery to be one of the most beautiful and historic locations in Aspen and would love to see it maintained at the highest level. Best Pam PS please feel free to call me if you have further questions PAMELA DOLBY 787 Castle Creek Drive Aspen, CO 81611 pam@pameladolbyphotography.com 312-636-8624 229 35 Jeffrey Barnhill From:Billie Erwin <aspenbillie@gmail.com> Sent:Tuesday, April 16, 2024 12:57 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Attachments:Anita Erwin-Red Bute Cemetery Letter.pdf Follow Up Flag:Follow up Flag Status:Flagged Dear Jeffrey Barnhill, I have attached a letter for your consideration for the City’s Community Development Department and for the Historic Preservation Commission. This is concerning the Red Butte Cemetery and using the existing structure on the north end of the property as an employee residence. Please review my letter for the upcoming meeting on Thursday, April 24 at 4 p.m. in City Hall with the Historic Preservation Commission. Thank you, Billie Erwin 101 West Francis Aspen CO 81611 970-948-6815 230 Anita (Billie) Pierce Erwin 101 West Francis Street Sarasota, Florida 34233 4/16/24 Historic Preservation Committee C/O: Jeffrey Barnhill jeffrey.barnhill@Aspen.gov Dear Historic Preservation Committee: My name is Anita Pierce Erwin, but I go by Billie. I have been a long time Aspen resident and have been a realtor in the community for many years. My husband moved to Aspen in 1995. He and I met and fell in love here. We were married on the grounds of the Aspen Historical Society following a memorable “Great Gatsby Party” in 2006. My husband co-founded the Aspen Mountain Club and served on the board of Theatre Aspen and the Aspen Historical Society. He was also a member of the Elks & Rotary Clubs. Aspen has meant so much to us over the years. We also have many friends here in Aspen. Sadly, my husband passed away in March of 2023. Since we were long-standing Elks club members in good standing, Greg was able to be buried in his beloved Aspen at the Red Butte Cemetery in June of 2023, as was his wish. Stoney Davis did so much for me when it was time to pick out the plots and arrange the burial of my beloved Greg. Stoney’s always done an excellent job for the Red Bute Cemetery Association. I felt comforted knowing he would be there to look out for my Greg. Now that he is retiring, I feel it would be a very good use of the existing structure on the property to be used for employee housing to have an onsite manager for the cemetery. I feel like my Greg would be wonderfully looked after and all would receive the care and respect they should have as beloved departed citizens of our wonderful home here in Aspen. I feel I have a special stake in this outcome as this is my husband’s final resting place and it will be mine when I join him. I would love to know that someone was on the property looking after my husband and myself, when it’s my time to be with him again. As a realtor and homeowner in Aspen and the surrounding area, I know how scarce employee housing is in Aspen. It is in critically short supply. People that work for me have to drive an hour + one way to provide much needed services. It is very hard to take care of houses when they are unable to come. I feel this would be the most economical use of an existing structure while keeping the historical importance of the building and area. It will also mean that someone is always there to look after our loved ones. Someone will be there, on-site to continue the important work Stoney and the Red Bute Cemetery Association have excelled at, in preserving, maintaining, and improving the Red Butte cemetery as a beautiful site to be a final resting place. I feel this is critical to Red Butte Cemetery’s future. Sincerely, Anita (Billie) Pierce Erwin 231 36 Jeffrey Barnhill From:joseph wells <joewells@me.com> Sent:Tuesday, April 16, 2024 9:23 PM To:Jeffrey Barnhill Cc:D Stone Davis Subject:Letter to Aspen Historic Preservation Commission Members Attachments:2024 (04-16) Red Butte Cem Corres.pdf Follow Up Flag:Follow up Flag Status:Flagged Jeffrey, could you please forward our leer to the members of the Commission for their consideraon? Thanks, Joe Wells 232 233 37 Jeffrey Barnhill From:Barney Bishop <babceb@bellsouth.net> Sent:Wednesday, April 17, 2024 5:09 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Attachments:Red Butte Cemetery.docx Follow Up Flag:Follow up Flag Status:Flagged Mr. Barnhill, Would you please pass the attached letter on to the Aspen Historic Preservation Committee? Many thanks. Barney Bishop To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Virus-free.www.avg.com 234 Barney Bishop P.O. Box 258 Crofton, KY 42217 April 17, 2024 Aspen Historic Preservation Commission Jeffrey.barnhill@aspen.gov RE: Red Butte Cemetery Onsite Manager Proposal A full-time onsite manager at the Red Butte Cemetery is a necessity, and has been for a long time. As I understand it, there are living quarters already on cemetery property. If that is true, what is the issue? I don’t see where this has any impact on historic preservation what-so-ever. Our family has great interest in the cemetery. We have relatives buried there that were some of the earliest settlers in Aspen. Our parents were born in Aspen and are also buried in the cemetery. It is very important to everyone, who has relatives buried in the cemetery, that it be maintained to the highest standard, and one way to achieve that goal is to have an individual there full-time. With housing being at such a premium in Aspen, it makes perfect sense to utilize what is already available, and use the facility on the property. We all would love to live next to a private place to walk and let our dogs run loose, but there are more important issues such as maintaining the hallowed grounds of the people who made Aspen what it is. Please allow common sense to prevail. Thank you for your consideration. Sincerely Barney Bishop 235 38 Jeffrey Barnhill From:Kurt Brendlinger <kbrendlinger@smcapital.com> Sent:Wednesday, April 17, 2024 1:32 PM To:Jeffrey Barnhill Subject:Friends of Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Aspen Historic Preservation Committee Dear Committee Members, I am writing to you today to express my strong support for the proposal to house the Red Butte Cemetery employee on site in the existing structure. I believe that this decision would have numerous positive impacts, not only for the efficient and respectful maintenance of the cemetery but also for the broader community. Firstly, having an employee residing on site ensures immediate and consistent attention to the cemetery's upkeep. This presence will help preserve the cemetery's historical and aesthetic integrity, and allow for timely responses to maintenance and funeral operations. Moreover, an on-site employee can also contribute to a sense of safety and security at the cemetery. This level of protection is crucial for maintaining the site's historical significance and honoring those who have been laid to rest there which include some of my family members Additionally, having an employee residing on site may foster a greater sense of connection to the community and the cemetery itself. This connection can lead to a more personalized and dedicated approach to preserving the cemetery, which aligns with the goals and values of the Aspen Historic Preservation Committee. I urge you to approve the proposal and support housing the Red Butte Cemetery employee on site. Considering the ongoing affordable housing crisis, this decision will benefit the cemetery, the employee, and the community as a whole. Thank you for your consideration. I appreciate your dedication to preserving Aspen's historical sites and supporting the local community. Sincerely, Kurt Brendlinger 236 39 Jeffrey Barnhill From:Ingrid Stuebner <istuebner@comcast.net> Sent:Wednesday, April 17, 2024 1:16 PM To:Jeffrey Barnhill Cc:Stoney Davis Subject:Red Butte Cemetery Attachments:letter for Red Butte cemeteay.docx Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnihill, Please see the attached letter in support of an insight manager at Red Butte Cemetery. Thank you for your Assistance, Ingrid Stuebner 237 Ingrid Stuebner 6180 E. Otero Dr. Centennial, Co 80112 4.17. 2024 Re: Red Butte Cemetery Onsite Manager Proposal Aspen Historic Preservation Commission Jeffrey.barnhill@aspen.gov Dear Mr. Barnhill, I’m writing because I’ve been informed by the Red Butte Cemetery that they are seeking permission to hire an onsite manager. I was born and raised in Aspen and have purchased a plot there for myself. My great grandparents, grandparents, parents, uncles, aunts and brother are all buried there. All of our gravesites have perpetual care. Our family has a longstanding history of contribution and support of the Aspen community. We have over 130 descendants from our Aspen linage. When we return to Aspen, we gather at Red Butte. Several family members have moved back to Aspen. It is important that Red Butte Cemetery is maintained and protected to preserve the history of Aspen that is represented there. I support the proposal to house a manager on the property in order to protect and preserve the integrity of the appearance and history that is represented there. Sincerely, Ingrid Elisha Stuebner Telephone:(303-349-2720) E-mail: istuebner @comcast.net 238 I l;:t . I\nn.. Ajirll 11.—Fr om pros- i ' ¦i.l:osilli >:is [In¦ iniuiici|)ill govern- i' "I ' llif li ttle town of Concord ,v w ill hi' eondiioited by mail mid : : .-i-a pli I'm- I lip ni'Xl two yours li.vti tonus nl' Hie nutl-eloctlou pledge .: the il ly dllli-l.ils elected Inst Tiles- i!.n .Mrs. Ca rrie Nation Is to bo the -a: •mi- ruler <if tin. place for the¦: . *.; :\v o years . She will accept the i.!'i : • mil' Ihi- town along the linos ,,¦ _ ' g overnment us she . uiitler- .-:.. bill sin- will rcin.'llli horo !' ¦¦ •. thin- mill will write her : i .;. 111 ihc ollio.inls and will ;i • :itlni - r o)torts from thorn. \\-.i ¦¦¦¦¦'• -en! '-u ses she will resort i t-. • •¦ ami in this urniincr she I: I. : ¦ will lie able to conduct ¦ he Town of Concord , Nebra ska , I Will be Ruled by Carrie Nation irosn Kansas by the Mai! and Telephone I Giving Instructions to the Council She Will Fra me All Ordin ances and They Will Be Corkers. The Saloon Men Fled Precip itately [.',. - .1 •¦ -in-lit of th o elty as n side ""¦¦ " mana ges her ntTa.irs here .; I tin- work i>r ridding Knn-¦» ".' -• Th e lie»t Issue of tile¦ liil. Mrs . Xntl uii 's paper, :i i an I'llltiirial by Mrs . Nn- m: er in which slu; will •u n . S!u> will frame scv-¦•¦¦•- ami mall them tu tile : with the Instructions i ; l i-iveil by till- cinilli'll ' • i-lTei-l. liiinieillii.l ely. . :¦ u-.illii- uf Di e town will ' ..lief . .M rs. Nation does .-ui y I i-iiubli' on Ibi s ii I'- ll.i * boon Iiit 'ornii'd by •'¦il ina yiir Hint I lie snl- "V tbe town moved out !. .iirs af ter the result "of i I. ' ¦ •' :'* ll lliiWIl, i .. Keepers will hcren ftoi : i: ' !••. bill ;i slirhigenl Ol'dln-'•ii "-" -iil ,j,.,-| will be drafted by Mi Mrs . Nati on says tlint•¦''- ' " Hie Imv n of Concord , i! ' .1 I \ illage during '" T >'o- •-" • '¦¦<¦. she will frump mid l-i- I iIn uiioll ordinance l" :'i " spitting In tli (> public ' .' li.'.'M'y tin e will bo pro- * ¦.' i ¦ •• 'ii- wbii smoke outside '•¦ '' ¦ • ii miii'. There lire ii imm- * i i'nriii s wbleli Mrs . Nn- ''¦" ¦•!::urate ns soon lis she -' • iin li-.iilim wllh the ofll- <"- i ¦!¦:.,¦ K x.iniinatio n o( Canals. v \|irll il,-W orking ': vr ntiil without pub- 1 ' . ...ii i.-.ira llnii hits undcr- ' ..!' ir.n ivi. oxiiinlnntlon '' ' .ni'I Nicaragua em ml ' ii .1" unkn own mid 1 ¦"'¦¦ -¦ I.iris ll-iv o lll'l'll pllicoil 1 ¦' " ¦¦H llelll iiIIIi'IiiIn b ,V I'JII - '" " ' "f ll le I'llllllllUI Cilllill , '"'•" '¦¦ , i •-¦il throu gh here He i>! '¦¦¦¦ \io,n-n gun route Is 1 ' ]. -rl 'iillr al vulcanic or- ' ¦ u nild lliroiitoii the ,' and be a menace to ''¦; <'• i rays Hie short !l: ' ' In the l sli'llcllotl I"- 11 imiiic , lire n severe;l ¦-. Ii those views are ills- :' ' i it If . Th ey show re- ¦''"" ¦¦ "i bt'll -llf Of till' I'llll-''''¦ ii.- ilo|iiii'iiiiciil Ims ' '" 'I^hIoi'Ih k; the e lTect >'' if .iii-.iiil lteil by .Mill-¦ '¦¦»¦! iii.irkod collci'S- i ' ' M.iu- y mi c ondltUiUH ['"'' I Sliiles iis-iiiino the ! ' 'e: I Ii.' i-iuiiil. Tin" ne- V' f.'llrsi. lonhlllVO 111 | ' ' ' ¦• t Hull cnifjo'oss Cllll [ ' '" ¦ • • i tie 1'iiie rpi'lmi whlcli | \ ' iillt l.'IW oil III lCf ?lwlll- , ^ 1 "viii|j Cup , ' " ¦ Vfi.l il . The SI, Nlcli. I \- l'll|ll|>IMl'l\ llV \\\v ] ' "'" .'Id KiilcUei'bitcUer I " '¦ fin a iiuiK'nllleoiil u '/ ""ii WlUifttnlim «t ¦ ''' ' i of Us i-Hteein. Ti to ;,.,'"' "' •' ¦ i«v 'riffiiny and cost i ,'"" ' ¦¦• •'• .1 do fcyhtor, of tl ie ,, ' ' ' ' i ll" n-IiilIriitH liptweeh I II ' v "'"¦ "»l tin' riimlllrfl of ;,J ('."'' iU ¦ iii Now York linvoi^'[ '"»-i i s .u , i,,.,. ii,.n .ss|on ,',m»d bo- 'lu ' t '"' w ;'» " "I «yiiv|mt)i .v Willi tll«"in t h-ir -miuyio nRAIh iil 'CU^nt CARRIE N ATION8K" * WILL RUN TOW N Brltnln. The presLMitiitliiu of the cup will be ii fashion able fuiioiUiin. .Manyropresentii lives of the dosocn ikiits nro those who found ed Kmv Anistordiini will b eprosPiit . Have Found the Mone y Xew York , April (!.—A kiwcJsiI to theTiibuiii! fr om WashiUKtun says: InipoHant dcrclopiucntii hi the caseof Olicrlln M. CnrttT . arj likely to ix-cur within a few days. Ourtcr 1s n ow survliiK n sentence of live years liii prisonment In the government pen- Itontiary nt I.oiivcuwortli , Kim., cliai-fjed with RlKiilitic swindling op-o i-utious against the government. U p to the time he was convicted Carter was under the jurisdicti on of and was prosecuted by the war de- partment. Since then the civil auth- oriti es of the government acting thr ough the department of justice , h ave been (UihtUy but vigorously and r olontlosMly tracing stop by step the money CNirler st ole , mid now have Ui o great bulk of It located mill are nb out ready to recover It ami turn it back Into the t reasury. T.li e di'imolniont of justice lias dis- covered that Carter 's prolW.s for the shr ewd swindling scheme which lie worked successfully for so long a time was ST L'li.OOO. The government detectives who for three y ears have been on the ex-ar- my otli cor 's trail have found nearly ev- ery cent, oft his money «ml us soon ns eerUiln other Important details lire com pleted the lega l steps necessary to rec over It will be taken by the dc- pnrliment of justice. At.unehino nlis will be sworn out b y United Stated Dis- tri ct Attorneys In Xew York City, Snvinia and other places where Our- tcr invested the money. Li kes the Corpora tions New York-, April II .—The new ltooord f o r a day 's receipts of Interim! rev- enue coll ecting districts has been es- tablished ill the olllce of OUnrles 11. Trent of Hie second <!lst "lol. of New York where ."?."iir»,.'l.sri.lS was the lotul amount: r eceived. Nenr '.v live hun- dred $1 00 stamps were disposed of ro lhe great coi-poni'llons w 'th olllces In this city. '•Whatever we umy sn ..' about cor- poral I ons ," said C ollector Tren t , "they c ertainly \*»y a generous part of Un- taxes of the people. We shall prob- ably receive more tluni !,!>i>t>.i>i>i > fro m the t«ix on the slocks nml Imiuls of the new Uiitt cd States ^leel ciii|inra - tlon." Mr. Tren l did n ol anticipate the not- Mbit ' olu iHge In the veee pts of his olllce on account of trie r .viweil liiler- iiiitlonal review tux s elieilnle, Ahmit $'J!,(MMl ,0tH> ii yeiir lie tliniiv,'.!' would ciiver the less which wo iM I'esull from tliu win' lax l eiliicilon. Mi lliou gbt nliiml $7ot>,(HHi of Hint sum would be lost: to the gover em through (lie exempli if the In >"\- tlim of mm!! '\'M' * nml pruiirtetnry goods, Wori« Than Spsln Wiishlnglon, April (V-The colimlul p olicy of the United Sillies lis niliiilti- Ntered In Porto W<' (» l».v tlovernor Al- len Is wo i-se limn Mini of Spi tlu. No elTorlM l ire niiide to niil II "" suffering liixmlo who Heck other climes rnllii'i' 4han face (len ti l lit. Iimiie, Tlicri ileor ruin imJIey of the curpM linggers Im fi isl innftlng Ilio onci' twl\U' .ImIii iuI » dpHont -wjiH le. Allen 's ileiwrluiv wii h Hi mnt'liml eou lrnst to the gronl, en- MiURlimtii llwl jtiwImI H 1 " nionlrl cnl in rlvnl one yem- n go. Prop erly own- etH nro given nnit't lcally no wpiweiil- ivtlon on tho exwullvo eoimoll. nml tin* eoiirlw nro In IM , hnm U »f <!»' Repu hlk'nn mirty. 11 I* a »?•«"" ••";I'lmoat to <lie IntiwlH of IIih grent inn jorl ly of Hie people. ¦M > Lord S*U»bory Lcmrton. Ai*U «*.-^^ » BoIWhw stnrto.l fnv 'RWto»l»^l»l" mornlnu. ¦'¦';•• IVIichigan Central Train No. 36 Out of Chicago Last Night Collided With Freight Near Wayne and PulSman Sleepers Were Wrecked The Injured Were Broug ht Into the Superintendent's Office Friday Morning. It Was a Rear End Collision D etroit. .Mich.. April (!.—Ml clilgii • Centra l (ruin X o. :ji i which left (Mi • 1'ii go at 11 ::UI Inst ul ght collided wit n freight nea r Wayne Ibis miiriiliij One of the Pullman sleepers wa wrecked am i n number of Us m-cv pants bailly hint. They are belli brought hero. At the ulllce of lieuei'u Su perintenden t I.. I Inm mod leu It I said that only one perso n was iiijiirei ' l-"olIowIn g were the vli-timn of tli wriM-k at W.-iyn o: The conductor o tin' Pullman car had a log broken am h ead badly crushed . A passenger I Iwidly bruised , and one of the train men was cut a bout the head. It wa n rear end collision and the lust Pull man In the pa ssenger train was Imill; demolished. Re publican Meeting ; Denver . A pril (I.—Toni ght the Up public-ins celehrnleil last Tuesday *! vi ctory by crowding CoU'sevtm lml lls-lonln g to the exuberan t oratory o their leaders. They begun to slum ••von befo re they found seats . Kvor -j ¦Oght and every sound gave a cue I'm cheers . There was ex citement but in rowdyi sm. I'roe speech and control la lile outbursts , appreciation , but m viil gni-liy nor deiiiiiiistriitiiius of tough ne ss. When chairm an Teseh stood il) In address the audience the cliccrlup liicrcn sed and becniui' »iu e mighty wh oop. Mr. Teseh Introduce d A. M. Stevenson as i-liairi u.in of the even- lug. Mr. Sleven.-on wa s In groat voice anil showed In be fully Irallied fin the occasion . Ill s face shown with en- lliuslasiii. Ills smile was wide and It shown in nil directions. .Mayor Klec l Wr igh t was next iiittiidiicei l. As In ani se the mullein-., likewi se cheered . Iilm h eiirtlly. "Tilosd ny aftornooii ," "iiId Mr. Wright, "wh en I eniiie down town mid saw what wn s going on at S eventeenth aiul I 'hain|ia st reets I wa s discouraged as well as disgusted, but wh en 1 got nut my tea m and drove ill'oiilld to about forly other polling pllloes I s;i\v that the heller element of the people was aroused, and I fell sure "that our ticket wns elected." Mr. AVrl gltl expressed thanks for his elect Ion and closed by snylug: "I promi se Mint I will do my duty with- out fea r or favor, ami so I inn sure will nil thos e who lire associated with Hie , Mini I only h ope I lull at the close of my ndnilnl MiMtlnii Unit 1 will lie as popular us I seoni lo bo now." A gree to Punish It erllii . A pril ii . A di spatch In Hie Cologne (ia/illo from IVkln dated Thursday, A pril lib. says the chlmw pIenl|ioli 'iil|arles ha ve agreed upon Hie punishment i.f the guilty provin- cial iilllclnls to bo liehetidei l by the foreign mini sters on neeount of the iiiurili 'i' n l" ¦.'I'.' person s , missionaries anil Ibelr wives and I'lillilieii. Muslc.il Progra m Th e following Is the progi'iim of uillilc a t I In- I't esliy li'i lnn church to- day: I. Voluntary 'J. l lliMdogy :i Hymn ' Au tliem "lie Is lUwu " .". Allllli'lli ".\wilke , T hou That Sleep- est." ii . Ilyimi / Choir - .Mesdauict Wonilbrldge , Carr, Porter. ,\Hss Mel.rn i y, M nnt m, Cole , M ohol , l iolllnger. ur giinlNi .Mrs. Mr- l.rnvy. The lli slrr Rabbll N ot even the uriTitest students hnve ever lieeil tlble to leillil liuw It hap. p etiM Mint tliu rnlihlt l.iyi Muster eggs, All lli ev know Is that little children, mill iwrt'iouhirly 11 1 Me childre n in tier- iminy, liuike , an their «r.iiiilfilth eru did before Miein , warm neiis of liny ¦luring Kinder week, In which they lliwl on Kinder inornlnK n lot of beam llflll c olofisl eggM InM there , of course , by the KnMor imIiIiII. I ll Aiiierlen Hie hhop windows are »b\f frow 'dnl W illi IMxtor rtlbhllH ntld u the I Casler card s as often as not show 1- the Muster ru bhlt 's picture. AsU snme- li bod y why it is a rabbit Instead of a •• .v omlcoi-lc or any other animal. You _ will timl uo Kidy that cjin tell. Xo- r body knows . All they can ilt .. is to mak e slnvwil gm-ssi^t at it.(iolng Uick liehind the llrst books I men have found thai the rabbit was" re ga rdisl as a sacred animal b y widely (, sca tterei l people all over the world. . ICven the American Indians , who h ad never so I 'm- as we know he.-ird of Ka sler. had their fea^t of the gr.-a t k hare , or ralibi l. anil in the sixt h cen- _ tury before Cbrist. before the early in- habitan ts of what is now lOiigland bail been Chrlstltiii izi'd , th e hare or nibble is .said to have been sacred to Ostarn , th e giuliless of dawn and of spring. A lining the natives of South Africa '" ther e has been for centuries ami stills is a story which connects the rabbit1 Wi lli 'vaster in a curious way. Ther spots mi the surface of the moon formt as th ese natives say, the perfect Image of u rabb it. And as the moon sets or '" die s and rises again every .'10 days It1 sent Hie nibbit to take Its message to ' th e children of men. 1 "(!o ," said the union to the r.iblm ,• "go mill s.-i y to the men Hint even ns I ' die anil ris e again so shall they also • die anil rise again." Pu t Ibe rabb it was wicked and did not carry the me ssage straight. "The in.hoi says ," the robblt told flic South Africa n unlives , "that even us 1 die and do n ot, rise again -so shall you also die ami not rise ugilln." When the rabbit eniiie back and told wh at he li-.ul done .the uioou was imt- urnlly angi-.v .-nut stru ck at him with n hatch et. The blow struck the rabbit and spill its upper Up. People win. doubt th e story are asked to in.Deo Hint Hi e rabbit 's lip Is split to this iln .v. And besid es having Us Up split tho rabbit wa s much frightened at the moon 's lin ger, mi that It ran uwny ami hid In a liiil e In the ground and hits b een tImiil ever since. ti'-olug over to Asia it Is found that th e rnblilt still holds Its place as u sacred anliiinl. in China and all ot her countries where the religion of Hudil- Im prevail Ibe story runs Hint the grea t Hiidilliu himself was at one time t erribly hungry and wandered up lllld d own oil the ' sm-fnee of Hie eai'tb l ooking for something to cut. lin t, found uo lliliig, Finally the rabbit saw the hungry god ami felt sorry for lilin. l ining up close , so that lliuhlha could not fall . In see him, the rnbblt lay d own at his feet. "Mil l Hie ,' sold the rabbit In l ludilbn. Hut the Chinos,, divinity was not In lie outdone In generosity. Instead of fillin g the imIiIiII he ti'aiisporleil II up lii I In- inoiiii, and there to this iln .v tin. lit tle ('blues, ' childre n can see II. And tmlji .v fn"T*l iTi i :i at Mm time ,,t I li e colebiMlliiii of Hie grea t moon fe-.- llVlll wlll ell ColTc-ipotlllH III sellHoli In I CiiMtcr In Cbl Ulhiu binds , the llguro of the rnblilt Is >l.iui|ied on the uioou enlies which relatives nml friends e\. change nllliilif; eiich olln-r III tin ' plnco of Kind er ca rds . So the children who credit Hie l'n .. t er rnblilt with laying Mie l-nister egg-i are simply following a tradition so old Hint no in.in I,turn's p.. beginning, ami In every c nrin r of the globe other Ut- ile children- while , bl ack, yellow in* red nr e III oin- wuy or another pnylm; nllegliin ce to Ihc same tradition- So. rtltle PouMtUi-UlgeiKev. Yltt M LUbon Falli I.lnlioii Pull i . Miil iti', April «.—A th'i' wlilcli i-'la i'leil lu Mm Kvrrett Iilm ic here early today rc uiilted In the lies- l l'iietlnii of tweiity eluht hlllldllliM In U»e liwhws^ p ortion of the \o\vn. it In b elieved tho Ihhh will npproxlnint ;. *2.V»,nu0 . With I lie nhl nf Pimluc•» fro m I.cwlsion mol ll.ilb the ll.im'i were contr olbd nt Ji.tn o 'clock, Hiulolph -liiirthrl litis rctnrne il i> A»l*eii to ivsnine Ids Miudlifi In tint «'e)iool« of thrtr oily.—f!li*nwno«l Poit, PULLMAN "CARS BADLY WREC REP CASSIUS M. CLAY HOLDS THE E0RI And the Writs Have Been Withdrawn Ulchiuoiid I'y.. April i ..--Ho stilities lit Wlli tcillll bl-twcell l.'elielill C ';•- sin s M. Cl-i ,- a nd the olM-.-r s he resisi- eil yesterd iv , have cea sed The j-.r,- l!es who i-.Ti-cl | lie writ of posses- sion to lie :«« i!:-I ag ainst the gciier.il l uive wit 'cl i!vn !!:.- -mi 'i 1 icpnly Sheriff Coll .. -I- u l-i hi) :i narrow es- .-.-i pe during |.,» l ight belicv.-s i-ouie of the shots he HimI struck Cen.-iiil ("lil y. Tlu--.-> w as ii-i way to 'o( a re- port from in- barriciidcil Wliilehnll . n s It is eon-'elereil dangerous for nny- i 'iie t o alt .nipt to nnike i' i piiries tin.re. The ile pu-.iiM arreslcil a man nameil llnwllng. one of Ccnorul ('lay 's n-meil guards , liaii.lcudcd h im and took lib- gun from him. G overnor Allen Will Return Washingt on, April (!.—(loveruoi- Al- len, ot" Port o Uioo , a fter an hour 's con- ference with the president today an- nounc ed that he would return to Por to llii-o about the 1st nf May. On April ilth, 1H1IP , the representa- tives from severa l secret soci eties of the 'city of Aspen, Colorado; met in .Masonic Hall for the purpose of or- ganizing a cemetery association. These iv pivsoutiitlvcs perfected a temporary oi-gnIz.itIon by the selection-'of Mr. .John II. Cr ecner as chairman , and Mr. T. .1, Lyn ch as secretary, and upon the calling of the rol l the foll owing named geiith-uien answered to their names, to-wit: Ceorge Frost, K. .1. Wlvl tui-y , T. J.' l.yneli. W. T. Iti-i d . .l oliu II. (.'r eener, .1. S. Ilumi , W. I I. .l olins . M. I). Uyan , .1. Huuerimui , .1. C. Craudey. J. Crice, .1. I'enz, II . Web- ber . A. F. "Wilbur, J. Mugfiir . A.D. Ir- win, U. Au gustine. ,T. It. McDonald . M. H. ltrown. J. M. Sullivan. John Xord- Red Butte Cemetery Associa- tion from A pril 6 , 1899 , to April I , 1901 strom. Mr. (Jr ecner, In compliance with the lu struiVjoiiK of the members above named, ap pointed Sir . J oseph S. Iluiiii . Mr. E. .1. Whitne y and 'Mr. Henr y 1 W ebber a committee to procure op- tions for n site for the proposed ceme- tery on lan d near Hod IJu tte .Mountain on the went side of Castle Creek. On A pril 1-lth .'lSfll). the tempora ry or ganization again niet In .Masonic H ull and (lie coiiiniMtee " on nplioiis a bove named asked for further lime in whi ch to report, stating thn.t the principal owners of land in the locali- ty covuvu d. b y their instructions , w ere out of town. Tlie coiiiniittce was granted furtiher time in which to re- nort. Oil Slay 2.'jd. J SUII . the t empoiiiry or ganiz.-itloii a gain met In .Masonic Hall with a majority-of . th e represen- tatives of. tile societies Interested prcs- er.i l, iind Chalruiiiii Hreener culled for the report, from the Committee mi np- l ioiis. Sir. .1. S. I rutin, on belmlf of til e con'iinlt lee, vepnvleil Hint the coin- lnl ttce had secured n 'sixty da y option on the SIcKvoy land nea r Ited Unite ,'west; of Castle creek for the sum of six hundr ed dollars . S ir. Henry 'W ebber moved that the SfcKvoy tract of land be selected as the pr ope r and most accessible site f or the new cemetery, nt the same Mine giving a complete, description of the land , nml moved tin., niloptlon of tlie report. On .innmiry 'JOIh , 18!1*>, th e iissoela- tlnii was called to meet at the city liall. Th e ti'iiiporn ry .s ecretary . Sir. T. J Lynch, hnvin g resigned the secrcla- r .vshlp, durin g this perlud , Mr. J oseph S. 11 mm was elected secretary of the nssiiclntlon. On hohnlf of Spin- Lodge Xo . (id .Mr. llreener reported Mutt. .fU."i(l had been voted for th e new cemetery. ()n behnlf of X o . r.l> I. O . (). !•'.. Sir. (irailiiley r eported thill No . o il Iind voted if.'lllt) for the new cemetery . On behnlf of the Ited Men Sir. Web- ber reported that the eoniinlt le Iind full power lo act mid Unit the com- mitte e voted .f^tK) for it lie new ceme- tery . On behalf of the Sciiiiillnuvlnii So- ciety Sir. SI. O. It erg reported Mint Ihc cniuiiilllcc had full power to net nml v oted !?1(I0 for the new ceineiler .V. Oil b ehnlf of the Wood 111 f llle W oylil , Sir, lliiun r epiirled the cnni- inIt f c-c Iind full r*'>wer In act and volcd $.'1(1(1 for the new cemetery . On behnlf of No . rj|, A. O . I'. \V„ It wits rep orted tluiil nol Ion would be taken June Ul. 1 WK>. On June notli . lSl in , p tii'suniit lo ml- Joiiriunen l , the eoiiunltlee wns culled t o order by Cluilriimn (ireeiier. On behalf of Sbnix Tribe of lied .Men, tli e delegates reported Hint S'jnn lllld been V olcd for Ibe new cemetery. Sir. Webber r eported Hint the Fire- men of Aspen w ould want n block of ground In the new cemetery, On June ,'lnlh . IS'.Ki , it coiunillle e was npp olnb'd to procure mi uiisU'iu-t of title nml to hnve the motes mid ImiiiuIs established for Hie site of Hie new met cry , On June ilntli.. I SM. Messrs . lltmn, and Wehl mr were appointed lo hnve iirtlcl.-s nf Incorporati on prepni -ed for Hie new ceme tery nssoelnllnll. On July I 'JIh. ism *. Sir. .1. C . (irnin- ley reiiorled No. M l , I. O. O , F.. having Voted by n innjoilly vole Instead of n tw o-third s vole, no funds could be 'tmuHforri 'il lo the new cemetery fund. On iK'lllll. til " the K oelellei repre- sented S'.'irt wi ts drawn July Uth. 1SW. At U>U iww *llnK Mr. Jnw*pl» S. Il ium Win elected treiimir i'V of the oriril lilxntlon. No. "l*. A tieleMt Oilier I'yrnmhls «<nt a wiiTrnnt for ?."i» for the new (T.inelerj'- On in«tl(*n Ihc iiiiino of the omhooIii- tlttn I"' "The F i'rt ternnl Cemetery," the v ole hIiowim! Hint the motion -was lost , m id the iinum wn* n«l iulo 'pled. At tut* nicvtlnu Mr. .!MiHII|» Wurl a pri'iw»nt«*a filO'Cr e/letHIn U wh M io repw- "T^^r^Vl^' f^^^^ ^* ' INTERESTING REPORT OF THE J . AV. II. I 'ro sser . of Pliiladelpliia. was ri'gislerei l at the Jerome yester- day. . The infant child of AV. II. Olngrieh of bake View is seriously ill , being threatened with pneumonia. It. S. Campbell cjiini: ill over the Slidlaiiil yesterday from Denver and re gistered at the Jerome, lie will re ¦main in t own u few days. Courtney Ita tclielilnr and family will shor tly remove to Vermont to reside near the site of their old home. Tbe many friends they hnve uuide In thi s city re gret to see tlieni leave. Captain Slnn.iglmn arrived in (Ids ci ty yesterday after eight mouths In th e east for his health. His many friends pleasantly awaited his ar- rival and ai verjoyed with his Im- proved Iicnl!h. Sirs. SI. Todhuiitcr , delega t e from the ldi .viii oml lodge . Degree of Honor, Xo. L'll. l eft on the .Midland la.-t even- in g for Denver from where she will proceed lo Central City lo attend the session of the grand lodge . The Cr esloiic lliisinoss .Men's clu b have decid ed to hold their llrst lian- «|iiot nl the Cres loiie hotel on April IS. Th e hotel h.-i s Just been .completed ntnl lids wil l be the grand opening. It V, sure lo lie n grea t success Judging fr om what, the Fugle says , which I s: "Tills will b e one of tin 1 grandest af- fairs that has ever taken place lu Cfc slolie ntnl will be Ibe Initial open- ing of the hotel mid nothin g will! b.> spared by tue eouiinltlee lo a iuuk c I! an event long lo be reiiieinbereil. As the dnle set occurs nl 'lel' the election, I t Is iiiiil'-r sinod ll'iil the club will ex- t end n enrdhil liivllnlloii In the mayor and trus tee:! to be Its guests on that ev ening. I Eas ter in R ussia An 1'iu ster fenst lu Itussla usunlly consists nf n sucking pig. lamb , slum!- I dor of veal, a lintu, curdled ereaiii . Fas ter bread , red e ggs , colored li ghts , lldilllug and genera l iiierryiiinldug. In the good nhl tittles tho in.Hilly left their tallies furnished mull WIiIImiii- llde , s o Mini liny one who chose to ent er their house might pnrlake of what was there sel out , n or wns food denied ini .v one . Thi s stnle of a ffairs could hardly be linn giiied here; but s trange lis II may seem, lu the few lo- ealllh-s where llils ancient custom still keeps up. there Is seiireely record - ed il ease of the beliiiyu l of sileli hos- pitality , Have to Buy Now Slnnlhi , A pril ii . The whol esale gro- cery deiilers of .Mmillil reporl double sal es of groceries since the Invcsllgii- lion Into tin - alleged commissary scan dais W ere e.miuieuccd. Merrlnuc to Rite N ew York. April (I ,—A sp ecial fro m Santia go (Ic Culm to Hie Journal and Advertiser says Min t the wreck of tb e Mcrrliuuc. which wns r.unl; In llle enlrnlice In the lim-linr l>.V l.leil- tenant Ilolis nn nml his llllle h.uid of v oUwtovv* <\«vlng M\i< \>h»«l«\\\>', will be blown u p with dynamite today. Emperor William Wine l/ondoii, April i l.-- A Il erllii dispatch cnyN Mini Hier e Is some ml It of ii re- gency. The exports, att ending tin* em- pero r beli eve Mint bin lnlinl Is de- ran ged, lllld (he fuel tIi.lt It 1.1 Mie genera l rimi 'liwun of opinion. They Hi In k n regency will linvo to he en- inMUIhM. •. - CITY BRIEFS ^ London , April «).—Tlie population ofIndia tliroug li famin e and cholera Isnssmnlng !ilarinln g ''pi-(>portiDU.-i . Lat-est advices fr-mi Slinlln say rhat the census returns of tlie central provin-ces show u decre ase of ove- a mil- lion since ISiil, when under normal c onditions an increase of one mil-li on and a half mi ght have been ex-pected. It is estimated tlr.i l "..t«Ml.ni«> have died In India since 18!»(! fromcauses mostly due from famine. In •western India, tilin gs are even w orse. One slate shows a decrease of SI .OOO or -ir. per cent , of t'le pop- ula tion. Another state shows. ;i de- crease of 8(1,000 . Th e district, of D.ind shows a deci-e.i si- of 144.(100. In Ilom- hay city the population has diinlshed try "iD.OOO The localities wii 'ch hav e Esca ped the plague show a satisfactory though uiic oinpenwitiug Increase , f or Instance . Sfadraa which has gained 8 per cent, over 1S!)1 , In India is Reckoned More Than 5 ,000,000 Since 1896 THE DECREASE OE POPUL A TI O N Hev. Ken tor came in over the itlo Or.'inde yesterday from down the val-ley. B. Ij. Pelsar will take anoth er trip down t o a lower altitude in about two weeks for ills health. Miss Miuul Cole will leave just a week from today to take cluir go o^her school at Hot S prings. E. It. Jiincr , of Missouri, was among tlie incomin g passengers on the itlo(iriimli- yesterday and registered at tlie Jerome. SIIss Anna Xelper came' u p yester- day from S pring gulch where stie Is tou ching school to spend Fast -v with her mother and friend s . Mi ss HattieWilcox wns an outgo- in g passenger on the Itlo (i.aiide lust evenin g for n visit with friends down the valley. H ob Wilkinson, form erly of Clou- wood but m ore recently of Aspen, wns In town Thursd ay en route for Dako Oily.—<! leu wood P os.f. AI. Ivinnb writes enti cing and Inter- estin g letters I 'rinii lilchinoiid, Indiana •mul wvy» he Is enj oying the lines* kind of summer weather. There Is a woman In As pen of whom it. Is sniil sh e Is so stingy that she sits In tlie cella r and fans tlie lee box to save the ice.—(Henwo od post, Vin cent Johnson left this morning over tilu* Itlo (irnnde for Sfoscow in the Kan I.ills valley, He will be gone sev- eral days and en joy tlie duck hunting Hill son. Sir, mid Sirs. AVilllam D onovan were outgoin g; passengers on Hie Itlo (irnnde last evenin g for Central City where they will tnke In the grand lodge ses- sion. M. J. Kinds , of Aspen, who Is well known here aim hi l.eailvllle , passed throu gh (ileuwood Tuesday lifter u week'H visit in the Cloud Oily,—tili-n- wood I'imt. D, Kiistiunn left y esterday for Mar- ble wi th some twenty workmen for the iiniirrl eM, .,s soon as the went her will permit he will take up some ma- ehlnery. ,M. I\ ltynn wns mi outg oing pas- sen ger on the Itlo (iriillde this iiiorii- lug for 'Cent nil City where he will spend tin* week iiiei 'tlng wllh the grand lodge. Mr. nml Sirs. Henry Stunts were m t own yostenlny from their ranch on Cypllol cre el;, They came up ' t o in- tend In luminous nnd s ecure n slock nf su pplies, Mrs. Tulley nml daughter Slny, were out going piisseiigers on the Itlo 'Oriin ile lust evening for Snow. Mnsii , SIIss Mn .V w ill visit over the Sabbath with her winter Mrnee , D. 11. O. ttrowii. Dr. Slollln nml par- ties from Colnnulo Springs will spend n week liunlliig (InekH nt Stinking WuU' Vii , mul then prnceed to Meslen , reinil llllll ir several wet'hs. Ja ck Ward ' s liiii ilior ennie In 'over the Jllo t liuntle yeslerdn y from ' 1>M»- vur. Tin* riinernl will he held In As- pen mid iu»l I" neiivet' n* re|»ol'ted. It will oet 'iir fiimi .lifliUHi'H 'H unil crlakln g inirlurN lit i! b'elrtelc thin nf leriinoii mid lnlor 'm'e nl..wlir. l>i» In the Hisl -lliitto roiiu 'tsry. The ri 'lnilvon nf the .lie. oe'dHMi In Ariiown "linvf lir en nollllrd of Mwi -Biid-ml^orluilc.' .i . • , ., CITY BRIEFS 239 The out look for Aspen this com 'if summer Is pi-otn!siiI very good by men on Hie Inside of luovciucms . Per lia p.i Ho t in Hie Inst seven years inn I here been Ihc i-ll"iil!ri!gc|u cll( to U' aheiid nml di someili liig I 'm- tin- cnni) im Mie («•«•«« nf liolds out. Severa l large I'lid-r taklu c-. whii h hive for yum be en In enibry o nre iibni: lo tnki f liiipi'. Mtti ti n t Hie db.'.iirliing llt '.ga l lliM Cllll-i'ijiu-lll up hi (In lull il'i-renc, W illi Hi.' tlliiiiiehil policy of the giv i riiiueii t Is now settled, c ireiit luiiijif lerrl toiy which lias laid Idle or oiil .\ p.nllnlly woi li.sl by rc .-isnn of litiga- t ion nml luck »r money ti> pnsli work Is now in strong hand s and expert euceil men n t the helm. .Many cos tl y Improvements liuvi been ninth- In this camp during tin past three years . .More than two mil lion s of perniniii 'iil Improvements havi I ii iiiiule , and two new lines of rail mi nis bnlll. Three large cm titrat- in g mills hnve I n t'l-ce tcil and tun o bi mill ri-iiiiiiti-U.il And now It Is sa fe to say the prnin Ised mill to tic erected by Sir. Davhl I!. C . I'.r own will be coiiiineiieed lie- fore S1U1I111. .I-. The se undertaking; , arc worthy of tbe liveliest en nip In tin- s tate , but they attract little at leo tloii 111 Aspen. The total wage paid in Aspen eiicli mon th li:is .-il wn .vs been large. Dur- ing the il .lllh-sl periods the books ol the milling i-oinpanles show Unit ex- clus ive of leasees the wages anioitiileil to something like .f.xn.iMio m onthly. This year ibis nuiouu i will be at leiis-l f-lii .iHi ii n o,iv each month. I'poii Hie pay roll of labor (lepcmls the pros pcril .v nml h.-i ppliiess of our pisiple . Dee p mining is ngain t > have an in- n ing iii'i-e . mill i t is not tiiii-e.'isoua bb to eX|Ms-t that new ore -/.ones will In tapped. Aspen minium in mines will lie work- ed thi s yeiir ns never licfore . Severn ] larg e properties which have been Idle for ten yea rs are sinning up under sk illed mining men nf means . The M illlnuet- nml tbe Spar Consolidated will work on n large scale , anil op Smuggler mountain tlie Itushwacker will see l; ore at greater depth. The Percy gr oup nf mines is already n l a rge and eoii.--t.-inl shipper, and Ihc past season has paid out big money to Aspen lulu,-is and workmen. The lll.-lll.'lgelllcllt of these propert ies de- ser ve the go-id will of Aspen people for I t has always employed home lab- or. T in- way Is clea r now for new nip- Mill to collie lo Aspcll mill lllnl p|-o|||. n ble Investineiil. Slimy serious mid many petiy umio .viiucc s liave pnsseil with the years , nml the o pportunities to iinike niniiey are many. This Is being l-cco gnl/.ed In t he en- tern cities . :iml men of uictins who b.nc nllow ed their mining |ii'n|iei'ly In lie Idle nn n ow phllinltlg lo develop, At Hie pie- cut time the drop lu silver may to some minds seem discouraging, hut the fall Is only temporary, ll.nl tin slll.'llel' <-. until in- me t wilb no sel- back In Hie eniirls tie- price Would now be In the neighborhood of si yen t .V'llve cents . Anot her fue l or In tin ou t look Is the ore s of Aspcll onliln;:i more lend Mum formerly, nml this saving grace Is n great help In keep the work going on. on the wlmle the ou tloo k Is very good. APfllL 7, 1801. OUTLOCK FOR ASPEN THE MONEYfAPPETITE III the Cluelunnll Kni|iilivr "lieiierul v.iii .Mciuaii " wr ites iipiii ciirreiit e vents not only i.|iiei-liiluliig!y iind free from the i h.'.-i p c\pi-|.,s..|,nis now In \ogne . bin wi'.h refreshing thought fulness . S pcnkliig of the over rich In cay s: "The awful peiuillics whit h • men l«a ,v fi.r having ne.-uniuln teil largt sinus of uioiiey nfe now b eing plncnl b efore the pilhllc nml some of tln-in nre of such nil uppallliig ttnture Hint I nut sur prised ihm (Iickc over rich llletl llo no t ol'g(iuhr.i . a society for tin iill p'il'c.tsloii nf vveul th," said tieuevil l loll .Vleiuaiid a t tilt ' Illlllltil -s ' Dlllliel to the promoter-., 'IVIui l would I siigge-t its u i,mi cdy V" I would lint olfer il su;;gestloii on Milch il subj ect. The desire In lie I'limiilut c I'lioiuiuus hiiiiis of money differs fr om nny tilher lui iiau up p etite. The mull with ibe w hiskey up- petite does not un ollt mill I'.lliplulll to th e public UllMMgh the (sipeis nbiiut the an fill peiinlly be pays nn ,ic count of bis cnpiielly lit get ii\v;iy with hll'ge i|ll:ill tilli-s of Hint subtle Intoxl cunt, Y> ( itlmtm l every tiny we iv.ul the eiiinpliilnt of some oicr-elfh man of Ills p orxceulIons mi itccotint nf lib wealll l. Slos< of Ilii-in liiuliiilnte Mult th e public or Homebnily In piirileiihir Is t o bliime for Die iiiiiiiiy.iiiecf. to whi ch they iire 'snlijeoleit b ,v lli isn Who want to eel Mime of their ,'ii"rliiuubi- Unw». They cannot nmlir.-tnml why \\\c «Mf)l ,v do' mot rt t> *r» thoy rtld In- stt-nd of trj'ln g to lie* from tliom- who dt> no l need. Nobody nw|M-ct-4 a beg- gar , but almost every man and wom. an udm<res n hlchw.iyutau. Till* S» r-roveii by the uvlill ty with which the re nders of the pa|M-rs devour every tale of how the sucis-ssfnl untn w.ntbl take wv i-rul properties worth n mil- li on inn) capl-Jnllzc them for tell or IWfiity million* ami |x>cket the innjor- ll .v of the slock, ami then by whnt Is e.i '.led •mining,-incur inake thi-'prnii er- tl'-s enrii n big dividend on the water. Tin- law has sold Hi nt the innitt-y lend- er may i Imrge only a limited amount of In t erest If lie lends the real money, hut the law d oes not limit Hie rate nf prolll wlili-h the lender may charge If he puts ;lie niniiey into n co-.iibllled business enterprise." INTERESTING REPORT OF THE RED BUTTE CEMETERY (Continued from Page l.i s-eii t.illve of The Py ramids and was enrolled as a memb er of the associa- tion . On Jul y I .-.Mi. 1,S!i!l . the foll owing l uiinrd such lies were enrolled ns the mem bership of the aswiclaitiiHi: The Pyramid s, represented by Mr. Philli p Wiii-ly.. The S lm-iiile .inler. represented by .M r. John II. 'livelier. The l ii-duien. represenled b y Sir. Henry Webber . 'I'bc WiH.diiie ti of the World, repre- sen t,••! by Sir. J . S . I luiiii. T he Scanilliiavlaii Society, repre- sented by Sir. SI. O. Ht'i'g and .1. C. lolm sen. On mo tion of Mr. J. ('.'. John son. seconded b y Sir . SI. O. Iterg . Min t the iiiuiie ami style nf the new cemetery lie Ited Untie Cemetery Association. Il was adopted by I lie ussoelal'Ion and Hul l n.-iiii c was put in the Incorporation papers . (in July mm . 1st it i . u warr anty d I was iii.-nl'.- liy and - b e!ween .lames SloKvoy. grantor , and Sir. ,1. II. l irceiie;-. nuil Joseph S . IIuilIl , grant ees. Ai tTICi.KS OF INCOItPOItATlON. "The per.sons subscribing their n.-imes licr euiilo . declare and consti- tu te themselves a body corporate un- der the laws of The State of Colorado a s follows: First —The name of said corpora l loll -ball lu- The Ited l Uvtte Cemetery As- sociation. Sieoiid—The uli 'ec ts of lis formation mil exi stence shall lie tile neipiisition holding, im proving, beautifying and using of a true ', or ¦tracts of land in Pitkin coun ty. Cnliu-ado . for burial purpii.se.-., the nt-t|tit s:l!tiu of water rights, il'.tcln-s . and conduits for the i rriga tion of such 1,-ind s . the purchusc , sale , nml exchange of such lauds and i ppiirSciiniii -cs -and nil things Incldcnt- il to the carrying on of places of biirl- il of the deuil. Tliird-The en pll.il sloe); of said cer poriitlfiii shall consist of Five Thoiisjiiiil DoHiils til " the par value of Hie d ollar per share : and said shares sh all be iioii-.-i.s .s,'ss,-ilili.. Four th The lerm of existence of snbl eiir piiratloii shall be t wenty yea rs. Fi fth The Ito.-ird of Dlr eelors of s.-iiil i-ni-|):>r.-t Iiuii shiill consist nf six iii eiubers . and lll e ilirectors running -lli-h bnard during the Urn! yen r of •or poralc cxisienc,. ((f said Associallon dial ! be .1. 11. lirei'iier, Joseph S. Illllin, Henr y Webber . .Marl ill O . l tcrg, Phillip Wnrlsi nuil J. C. John, sell. Sixth The principal olll'-e of said "iirporn iliui •-li.-t 11 lie ,-i! Aspen, Pitkin •oiinl y. Cnlorado . iind I ts principal business shall be en l'i'lei l on III sab! coun ty, JOHN II. CltKP.NKI i. IIIINTtV WKitli KU. .lO SKPII S. n ew. PFUMANF.NT HU H A N P/.A'noN . on Augiisl Till, |,S!IP. the liieorpora - tors- nf Ited Itfil te Celllt tery Assneln- : i 1111 lin t In the nllli es nf tile Assoela- l lon In As;i,.|i , Colo ., and el eetetl u Hoa rd of I iti-cctui-s fo r (lie eiisuUig yeiir. lo wit: John II, Urconer . Joseph •s . IIiiimi, .1. ('. Johnson, lleury W eb- 'mt . Phillip Willi/, mid SI , o . Iler g. Whi-reii pnii Ibe Hoard of ' Directors ii'ganlxt-il by elec ting the following illlci-r s: .IoIiii II. (.'l eeiier, President: M. It . It erg, Vice Pre sident; Henry Wcli lier , Si-ci-t tiu-y, nml Joseph S. 11 nun, T reii-iircr. I tloeks one nml ten nre reserved for snlo |o Hi e public , Hindis 'Jo , Uii , I',.", nutl Hi ', nre sol isble for I 'll klu county and deed to be uiudo for ilic same. (Ill Nov ember In , IStiP . the reslgun- lion of Mr, SI. o . I lerg ns vice pros!- ileul wa s iicci'pleil, he reinoiltig from the city. (hi Jin -y is. iniMi , Sir, H enry I b-ek li n ing preseiiled i-reileullnls fro m the Soniiillnnvlnn Sis'lety, he was el ected to till llle vacancy en Us,si by the resignation of Sir . SI. o . Itor g, ns vi ce president. TIIK CKSIKTKItY. Front the court house ii tlie en Iriince to the ceiiiotery ;il Hi -.outli eus t corner, It Is n friietlttu hss llinu two nilb-s oh nn uniform grnilc the en tiro disunit e wllh the streets of Ihc city. ' T he Collie t'rt 111 tlie luill-t ttf till' w. • Te l !¦• cli-ll ct ami the ehiii'eli e.-i Is iisiinlly over Main s l reet to Fourth >.lreel over Fniiiih street In llleclier to the coimly lirhlge , ii erost the Iro n brid ge lo the celiletcr .V elll liiliee, lllsltle the enclosure tllgreis mid egress Is m ule over uremics I'll feel will.'. Th e«e avetilles lieglli wllh Palm tivt'iiu c, whli b exlcmls the whole l ength if Mit > grounds nlnlig the ' we t line of the ground *. Neu. Son lli in cline, /ruin ll» lnteri<o.,tlon nl the gale-wiiy with Tiilni n venm* ex tctnln nt rljthi nngle nlnng the nouth lino of the f.-roun tli until It optnn Inti Kver gitH-ti avniue , wldch cxtctndH alon g the Ciwtl 'a craoic lluo within Clio eiiclo»un>. The second avenue from the en- trance and pu rellul with I'nlm nvo- mie. Acacia a veil lie opens Into South avenue . Th e thlrd 'avenue from the eutmnco whleJi op ens Into South avenue Ih Kneiilyn tus nveinie , which ex tends piimllcl with nml next to Acncln Ave- nue, innkin g the second passtige-wny tin South Avenue, Poplar Avenue comes next nnd Is the third o|H-nlug on South Avenue , or tlie fourth within the enclosure , which affords Ingrr sss and ogress to and from all parts of the cemetery. Kver grecn Avenue Is tliu ln»t pas- sage wuy nt tlie end of South Avenue runnin g to the entrance of tlie grounds and rims the entire lengt h of the Cas- tle creek boundary line. Untie Avenue is 'Jo f ert wide nnd cr oss-cuts nil the other avenues and ex tends from Pnhn avenue to Kver- green Avenue, milking passa ge Into all the others. It Is lwrnllcl with South Avenue nutl al«>ut 4o0 feet from the gate-way or entraiic -o to tho cemetery. rims . I t is seen tha t ample space I s sinipittsl for the accommodation of soeletles and vehicles without crowd- ing a t the phice of Interment or of col- liding In their passage In and out of the grounds. The jsIoim- of the grounds affords no slee p grades , licin g practically level throughout from en- trance to -Hit ' most remote part of the cemetery, thus making care l essness a fac tor in collisions of any kind where persons or carriages can he injured. The grounds are subdivided by the avenues Into blocks , r>r> In number; these agulu sue subdivided Into eight, six nnd four spaces -" b y 20 feet h>tn , re spectively, according to the size of th e block . Betw een South Avenue and tlie south line of the cemetery from tlie ga le-way to Kvergrecn Avenue, tlie ground Is platted into lots marked by the letters of the alphabet. On Ever- gr een Avenue and this ground the hou se of tlie sexton stands facing the entrance to the cemetery.'The improv eniemts made on the grounds consist in planting trees on I lie line of all these, avenues above men tioned. Over .'5 00 hard y mid swift gr owing trees nre now growing nnd in a ver y short time, shade trees will be sudiciciitly grown to guarantee their permanency and at the ntuiic time a troiiI shade in summer to visit- ors to tlie ce m etery . Tlie Association will, by th e time -these improvements ar c advanced far enough to warrant it, b e hi position to place sea ts along tin- nvenues for the accommodation of its patrons. Irrigntiiiu diU-lies •nre intersecting nil pa rts or the passageways nnd the natura l slope of the waterways car- ries th e water towards tlie river nnd ei'i t'l; so Mint "tlie grounds are never s oaked or dump. After the grounds hud been cleared of siige brush., the As sociation at a large expenditure, of money , covered tbe whole cemetery wit h loa m , so Hint ever greens , shrub.-) nnd llower plants tra n splanted do not die , nutl the grass Is growing stronger nnd stronger yea r by yea r and u good sod is already formed on the land. Th e evenness of the Irrigation 1ms much t o do with the growth of tlio trees, plants nnd grass, nil of which ar e showing n pei-imiiient, and hard y growth. I he cemetery Is surrounded by neUisely meshed si|tiiire block wirn fenc e , substantial In imimifai .'ture and fas tened to eediir posts In the most ca reful maimer ns to durability and re sistance. Tlie smallest domestic nut- nml cann ot gain enlruiioe to the cenie- lory, either under or through the fence. Th e house of the sexton Is ItMiiteil on th e grounds ns before stated and he lives in th e house nil the year. Th e llrst liilcriueiil made In Mm ceme tery wns mi October 'J , |Nil!I , and from I lieu lo now , nil tnlil , th ere hnve been one hund red iinil six burials by I I'le hiiyln g lots for Unit piiriHi.se. Sonic nf t hese were reinterments nmde liy rem ovals from other locutions. Xlmiy c ostly and elegtmt monu- m ollis have already I teen ereoted on lols , and adding lo the Improvement mid n ppi-.iniii ce or Hie enllletery. The Association uppreoliitcs nil these evidences of the coiilldeiice of file peo- pl e nml It bus lieeu n gratifying lu- eeiiMv e lo It nnd Its nllleers nml direct- ors hi providing ways nml mentis wln-reby these u ffeetloniile retiiem- linm ees for the departou ime lying In the cemetery under their custody, slmll In- preserved ntnl i-nreil for prop- erly. With th e llnilteil menus nt thei r dis- posal I hey hnve been compelled to Im< eoits ei-viitlvt- nml slow until now they hnve arrived nt n point wher e the suc- cess ;\l i-i-iitly nmtle illetntett Hint ex- perleiice shall point the way for the furth er mtorunit-iit of the cemetery . Whil e nothing slmll lie omllletl lo se- cur e the ends for which they sought to be Ineiirponileil Into nn association for th e burin ) inn) ca re of the dond. Th e societies nnd nlhcrH Interested In the pro ject hnve exhibited Mint pn- Henc e lu the overcoming of unfore- seen iimi'-ulrl os , Uni t just Hies the olll- cei's anil dir ectum of Hie iiNSoeliitloli III expressing thei r gratitude to Iliom for their iiohImIiiiico III Mint respect. Baldwin Coal. Is the best grnilc of Colli Hold In Coloruilo. We have It. It OHT. HIIAW. Tel. IIS II.. ,T.*t» K. iry iimn. Colorado MidUnd Excuraloni I'uehlti , Polo., $12,0(1 for the round trip ncennnt Twenty Second Annnnl Encampment OJ. A. R„ April 0 and in. Flnnl romra limit April W, While all tilt flowera of Uit> -cprtag Hod s weleouiu placa In tho decoration * of tho day nud win admlrwre , Umi white Illy (L cundlduui ) la (Mr excel- leiiet- the Banter flower. A Oftttve of the I-ovnut . jrrowlng wild In moat Mcdlterran onn countrien, U has for y ears been considered emblematic ot purity nnd taojie. The Orerlca called It tlie llower of Juno and told tbln myth In ex plmmtlon of iw orl>f)n. "Jup iter ," they sold, "wished to make him boy Hercules one of the gods. Bo lie snatehi-d him from Oie bosotn of hl« earthly mother. Alcmena , ond bore him to tlie brvnst of Juno. Tho milk Is spilled from tho full mouthed boy as ho trnverBes the flky. lnnking the Milky way. nnd what drop * below stars and clouds and touches earth Htiilim the ground with lilies." As the embl em of purity It was eontra-st- ed with the passion rose of Aphrodite, nnd Isfluty w ns represented crowned with white lilies and violM*. tyiMrs of purity nml nvotlcsty. The lotus holds chie f plat * In nil oriental mytholo gies. Us nntlqalty ex- tending fur beyond the limits of Ore- elnn mythnmldiig. The Egyptia ns s|ioke ot It nn the throne ot Osiris , file god of <lny and they aro ropr eseutiHl on mon urn en ts an holding tho white lotus In thei r hnmfa nt (NUi quot-s. As ,i symbol of purity and l>cncdl'-t!on the lily wns chiseled on the plllare. of Solomon 's temple nnd ornamented Mie great golden candlestick. While hon- or ed by Hpeeltl e mention by our I/ord . truth eoin|H.»ls the statement Umt tli e probabilities nre affaJnst thn 111./ hav- in g lieen the flower particularly refer- red to. The Hly Is not common lu tn« flora of IVil estlne , and noma think It must liave lieen the red anemone , with which the Crtiltlean hillsides aro cov- ered In s pringtime , that su ggested the beautiful fi gure in the sermon on the mount. Others advance ar guments in fa vor of as phodel, ntiNi ryllls nnd nnr- oissus. Whichever It was. and it Is not impossible , though Improbable , thai It wa s our Illy, the fi gure remain s n most beautiful nnd eff ective ono nnd lias doubtless had a wonderful nnd wido-renchiii g effect In giving the Illy an added charm and aacrwlnesa Itself. —Philadel phia. Press. Airs. A. Henl ey departed over the Midland last evening for Lendville. She will be gon e a f ew days. Echo In the name. If you want rea l BaOsfactlon try the Echo clgnr; only 5 cents nt the Postofflec Nows Stand. Have, you had n "Cnrrle Notion" drink at tho Abbey? Try ono; they nre good for -what nils you. CoaJ Coal. No dirt, no slack, no clinkers , light white nsh. I)och not All your stove with cinders. Fre e burning. These nro the qualities of Baldwin Coal. We have It. ItOBT. SHAW . 320 Hast Hyman. The Easter Ulr THOMAS BECK7 DEAX,Ett INZ. Groceries, Cigars, Tobaccos, Candies, Etc Opera House Block , - - Mill Street. THE ASPEN DEMOCRAT Piihllidi cd Kvery Morning Except Mon- day, lu the Wither * l ilock . (Jni cna Street. CHARLES DAIL£Y Mmu$« JOHN R. MASOH Editor Kutcr cd nt the roxtottlct* at Ah|h'H, C olnraili). for trnnHiiilMHtou throug h the mallH ait Kci-oiid-claHH mu tter. BEST ADVERTISING MEDIUM ON THE WESTERN SLOPE JJ ellvered by Currier * or nclit Pontage paid for T^l cent!) per month o.- $?> iIn iiilviiiK-t- > 'iH'r year. UOC lv. Aspen 051a 200 nr. Glenwood Pr l5 (5 lv. Glauwood , enflthound.... 8:38 Train n. m.0 nr. Loadvlllo , enstbound 12:(50(1 nr. Cnnon .' 8:40 ii nr. Pueblo, enstbound 5:0S(! «r. Colorado Springs (1:20 tt dr. Denver . »:00Train '206 also connects at Glenwoodwith two trnhiH going west , one leav- ing nt S-A2 p. in. nnd another nt 10:40 p. in.Train 0 connects at Canon City withtrains for Cripple Creek district, leav-ing Cnnon nt 3:M> a. m. nnd 9:40 a. in. Train. a. m.•Ml lv. Aspen 7:001204 nr. Olenwood 8:40•1 lv. Olenwood , cantbouud V.-.54 nr. Lendvlllu , cuHtbound 12:27Trnln. p.m.4 Cnnon City, enstliound 4:00•I nr. 1*1101)10, oaHlbaum! 0:22•1 nr. Colorado Springs (1:40•I nr. Denver 0:15 AIIIUVALS.Train, «, m,5 lv. Denver, wosthou tul 8;tioTrain. ' p. m,0 ar. (lleuwood , weatbouud 8:80SO'i lv. (ilenwood W:J5205 nr. Anpet linoTwin. • p. m ,3 lv. DtMivor, westbound 7:i5Tral ". n. ui.3 nr. (ilenwood , westbound 7,-;ioi,i..> I v. (ileinvooi *. 0:152011 nr, Aspen Hj -jp COI.OHADO MIDLAND KAIMVAY. WeHthouml. No. 3, No. fi.I.v. Denver O.-.lOp in 8:.S0a inI.v, Pueblo 0:00|i in i);30« inl.v. Colo. S|irliiRi»..i?:oIn in H tOSiunI.v. Mnnltou 12,'2-l n m 11:32a inI.v. Cripple <« lUOOp iu 7:00p m•v. Divide 1:4 0am 1 :20p mI.v. Iliionii Vlstn... 4:l«lii in ?4:Rlp niI.v. Lendvllhi n ;»,1n in 4:Bop uiAr. Ili tsnlt H iOIla m 7:22p inAr. Aspen O-.t Mla m H:30p inI.v. Aspen 7:lfin m llAti iuI.v. Husiilt 8:25n m 7:40p n tI.v. Ciirlvomlnln ... HtWa in R:(X>p inI.v. (Ilenwood .... »;:i0n ni 8:23p mI.v, New Cnntlr.,. . !»:55n m 8:!l0p ml.v, (I. Junction. ..I2:0«a m li.-onp inKnstboiiinl. No. 4, No (1I.v, Suit I.nke 7:0 0p m 7:2r»n inI.v, (I. Juiietlo iIMnn iu t):4np iul.v, New CnMle H:«fln in 8:rinp inI.v, (llonwooil ,.,. 8:ri()n iii DiINp inl.v, Ciirhimd nle ... I>:i:ia m UM Op niAr, IliiHidt UMOii m l OiOOp mAr. Aspen I 0:l0ii in 10:58p ml.v. Asp en U tonu in 0:10p mI.v. Iinsnit li):iH)n in lo.'OSp iuAr, I.eimvllle l :(K)p m l :(xm inl.v, Il tii'ini Vlstn .. 1:ir.p iu li'ifln ml.v, lllvld e 4 -.ItOp III -|;20n ml.v. C olo. Sprl n itH., il t nnp ni 5;|fia ii il.v, Pueblo UMnp in 7:1 0n inAr, Denver .,,,., H:45p m 8:10a mClose con iiectluu tit Divide for Crip-ple fimili with nviinl iiR train.Clifflu connexion nt Colorn rto Sprin gsnml Denver for Ml point* Rnst.rre« roell tilng chair enm nn niltrain *.Lowest rnten, FniiteHt Mrvlee. Parfnrtbnr lnforo ii)ttnn apply to K. J. E1DW4R08.W. F. d aimmJ V * AgtT &.O. V. A,. rtMu r, *~ TIME TABLE DKNVBK & RIO QKANDa Novelties, New and 1 Catch y Th ings I I nst in to p lea se every body and 1 at p rices in the reach of all g TAILO R MADE SUITS I For Ladies and Gents , made to special measurement 1Guaranteed to fit, and at Less than read y made suits] I Come and Get Prises- I Shoes and .R ubbers. I J . A . EDDY, ^28 E. Hy marJ s Fi rst-class Wines , Liq uors and Cigars i 1I fo r our customers. i: | I . g^^UP ill I The Buckhorn Saloon ilI ~ w>^% illi mmm brqs. Piop^u, »8'! "9 I P 00£,?Kn„ec««on COOp 0r Ave J | WouieS You be Happy? I My choice table wines, Sherrj', Santeni ' 8Bordeaux, Burgundy, promote peace an l Bgood feeling in the household. HFine champagnes and whiskies. I The quality of the goods is the hi ghest 8but the prices exactl y ri ght. 9| P. O. Box 727. 322 IS. Hynian I diaries Wagner jfi1 * tailor • ' s I Will make 3'ou a Spring Suit that will lit to pr-rfrr-iBB I tion and make your sweetheart or wife proud o/(B|ff yovi and smile at your becoming clothes , iHB * TRY ME. I am a tailor that is a tailor and ;niiirnn-i^M I tee all 1113' work. Prices cheaper tluiii rciifl r-l BB I made clothing when 3'O.u take looko ami wcar-lH$ ing into considei'ation: IwB I 419 Cooper Avenue, - - - Aspen, Colorado |Hj ' WtyA'',<€><r Eastel " 8fm0?$i^£. Rejoici ngs ¦ //,|)|j.(|(f*=4.^|{i •.\ >.\'\V.',"'' Wlm>» fi.r tlm tnlil. ., llqiiiini >"WR (W^fM'M liW '-viivA .V . t '"V'l M " ''"'' «"1' •"»¦>'" ilwl «»»"' ¦¦^^v^f' jf.'?.1 j Ji '.tl]ii:r','.r^,i ;I >l i ,Il '"«y ''<>'• I,;iisl1 ''- »,|'"|i lV:tllrl ""'Hi /^^ {1)-;^wK^_£,!'wSi i ,U 'fe'Vjv, \vi! sciul iir oiiml ii i-nsi- in vinir Iwii.'lMBo^^-ryiv^*r '( vrsi , \m^. -i^'-^S''* Jfl^H W 'tti JjAi-^-^'r^' ^'"/^ -•' I.i 'iivti your onliM' niivv fur ili 'llmr il^BJ ,^ ^ l!|^ 'Ji ^M^:.^r ;:^y-: :--/1 ""> ' wm-win.-ii iiny. Hv.t msii- " WJ t sp}^^^0,:^^^Ml.'vV, Wlllski.y M|n.|.|iil ly, Hi.. I '.iiii.mi-Spn ¦H •^ il ^ ^^^^^^^ iV ^ '"' IIi1'- I''"" »l"uf l« nml I'luis nml >>'«¦•^^^ SS^^t fP) p,,,tH - ¦^^mmm^^-^-^ latta & CO. ¦ _^ 1 _J^H GOOD BR E AD IS A T ONIC H and in order to make it , use ¦¦ "Imperial ," "Star " and "Rose of ColoradoH mid your joy will liu Tlrlin Kull tlio Cllory yi 'iir of 1W1. flHLeading Grocers Seli If. H Grand Junction Milling & JJlevntor Coiiijiiiin'-^B Ci'timl .liuii 'd uii . i;"',>fl^B ¦l^^l |«0»»«»«««Bao««efli»«»»*«e^e»aa9»o»«*a*««e«e««***("j^H I I^lllll WARREN* 3 '1® ^?^ - =^^H' Denver 's Now Holtl BH• f^wisiiiit. ^^8^s t7th and Lar |m °r s,"o,8 , f °tBh o New ly Furnlahcrl Throughout. All Outoldo Roon'MB MRS. S. 0. WARREN , Sole Prop. ¦¦ Formerly ot Aspon. 1HH'| Mode rate Rates. G. W. PURVIANCE, Wj|i In the Future as in the past our mottowill beNothin g Too Goodfor our Patrons. The Bestmeats and Groceries mon-ey will buy. Reasonableprices nnd fair and court- icoup treatment to all at ITHE BLUE FRONT i We are The Groce rymen J OHNSON ,B0NNELL ;:jiSi& CO., Leadin g Grocers Tea m Coffee Try our 75 cent Tea with a presen t. Notliliiff better for the money. Th e F i n est i n the Lan d Our Flovr cry I'elco blend Ih tlie best En glish Iircakfnst Tea ever brought to tlilo city—$1.00 per pound. Our 25c Coffee is n repenter. Remember you enn nlwnyR get your money bnck If not sntlaflcd. ...A t Dletz 's... 109 South Mill St. J t H, SETILER, ... Den tist. .. ASPEN, COLORADO All work guaranteed. Fine Crown and Bridge Work. Gas administered Pa rlor over Telegraph OlHce. SLEEP WELL By having your old mattresses made over nnd made better than neyv. Your Furniture Ke-eoverrd atid repaired by the on- ly reliable upholstoer In Aspen. 1(1 yenre experience. My work is my guarantee. J. ft!. BRADLEY. 805 Ilyitvnn "Avenue. Oh. how pretty! How ileltclouRly deli ghtful ! You look too sweet for anything, my denr . In that The above remarks ivoro hea rd many times nt tlie millinery Display At themmi sisters Now Store I ^aot Evening. Same dis play all next week. Don 't iuSbs seeing It 309 South Galena Slreet. Of Ahpct Bverytb ing.... Nice and Fresh , .. ..Guaranteed. Cann ed Goods Of all KIiuIh »i\,l IVw i'lpUnn,All rooiIk <li<l|vi>riM l frm> of rlmrgoInimoillnli 'ly upon rwliif „f nnli-r.Try iih, Wliw<U<r O pera llouni> MlocU. ' 240 l>,'inlrl Sully nml his company of players opi'iii'il lit. I lie Si'iil.ili' Inst nlglit In "The Parish IVIest " In a giim l house , nm l from tIn * reception JjlVeW U WHS 11 llVOIUUUirvll HIICCOS *. The p lay Is nol what I lie title would siut-jem. There Is mi nl tempi in ridi- cule or inii l.e fun of l.hi' clolh. It Is il simple story of the priest 's iiii'illiillmi h el wci'ii two I'iriiig pi'itpli*. Mr. Sul- ly us Knllier Wlmli'ii docs Ills work In ii l lnlslii'il mi ''¦'. HI" niiliinil Irish wit Is spinitii his . nml wlii'ii In* nml ..hi Mli'linol Siilllvnu 1.I0I111 I', Orllllui liliv e llu* MlllK'i'. Ilielr witticisms cell- Vlllsn llle liollsc with lililKlili 'l*. Ml". Sully 's pi'leM Is "in* "f Hie iwwl imt- II I'll I pIlTI'N Of Ill'llllHf I'VI'I* W'l'll lll'll*. Il« Is )l I'fU'lu l til everyone, lllld Willie 1 lie mini iiri'ii-Oiiiiiill .v iishi-iIs himself. the pries t H0011 pri'il IllilllHK. AI II"1 full of Hie him'iiihI ciiiialn In- wns rc- ca lled ri-|)M\ie»lly, Hum UmUly eoui- polled to mulct" 11 spi 11. which lie did In Ills liilnillal ili' iiiaiiiieiv-Si'iit- l ie rout . nn* assured 11 strung, heii l thy ran* of perfert men nml women. Ilim 'l. for- get Field I>ny; lend It all assistance anil support Jn your power; It Is :i very cuinini'llilnblc cnliTprlso. Tin* Aspen High school boys linvi* nrgiliil/.i'il two baseball tea ins for lliln s eason. Tin* Idea Is Unit one team will fu rnish practice I 'm* the oilier and will afford 11 wide opportunity to seleel the he*! llmbor fur 1 in* 11111I11 tea m which will elmUi»nge Leiidvllle , tlli 'ii- wuiid am i llle Am)ii-ii ihwii Irani. Tin* school has Very kindly ilomilcd tell do llar* from the ciileiMiilniimnt filiul loWiin lri pnivliiislng nilts , bulls 11.11'*. Iiill.s . T liollili s Flynti. .II'.. has liei'ii elected tnmiuger and w*ulw ltl» etlMvtil liliin ageliienl Ibe High Ncliiml liji.se- liall team slnmlil give a gond iieeount uf 11 self. Miiiiii'ii|!iil!'«, St . I'niil, Knnsiis I'lly, lies .Mnllli'H, JSI. .Inscp ll , Ili 'llVer mil l I'.o loniiln Npi'lngn coiislllilti . the West- ern baseball league . W illi T Illeliey iim iires lileut. Tli,. Keliei lilli* of giiuies for the summer lias been adopted mid lii 'iivn* will gel (en Sunday games. Tlie season Will open III I'"live r on .May lid , wil l! Oiniilia vs. Denver. Hand ball Ih dully liiereiislng In pup- n lurliy ttml unite a few players In tills city hnve lici-ome protleleiil nl . I lll-i e.seellent gilllie , If 11 linitell enn be iir riiuiPMl lietween iivu A, I'. A. I'. Illelllliers mil l two l.ie.il IIU n . It enlllil be pnlleil off ill t III" A-t|»**ri llainl Mall t'ouvt and •would altViiel much lutcreu among palmim of Mils pupulnr spun, The IHkIi sehiHil ulhlelle club will g ive nil elilei'liiltmieiil tn Hi" iiieiulierii of tin * lllgli m'liui'l »h Krlilny evening, April III . The program will r.-usl-t of h piUTlllg. lam impelling, tumbling anil wrestling In he followed by refresh ineiilH ani l dancing. Howard Kyle lni-> l>**"i' lildlng Id* light under II bll-hel. Mini lie Mill lei- pnteil tin* rapturous reeeptlou be* re- ceived lam JilKlil at MeVleker 's III "Niltliilll llille " lie would linvo been here hum' ago. Ills Nullum .Hah* Is a llnlslii'il i'oiiee|itlnil of Hie eliurneter nm l was reei'lve.l with dellglil by 11 In nre Siuuliiy niglit house. K yle inolm like Fiivel*li.*llil M 11 ivinnrkalile <l«'- gree, bill lm Is lin|i|illy l ive frn m muM of tli e fault** of lhat matinee \\VA. U<* was mil. Hid uetoi' posing for tlie lline. light lust lilKht , 'If was the slii'.«l.\ brave viiung uMtvi' wlm rennltul Hint he linil b«» «w* M*-' l " «'*vo l ' l,U iiiinilrv.-OlilfiW. M'i«l" "'"I Ib'.'im-'. l leKeimliitfir & «<"'» "Tl "' A"'fl l,"n " "l.n Melville" pure rfnvntm fMgnrs nt tlie Alilie y. ,. ,, ... ^i. •;.,-¦: ¦>,:¦¦:¦ * Theatrical Notes w 1166 or house B1I.I.Y V .\N. Mnnngpr. W edne sday 1 JULApril I U LI I fFitzS Webster 's Itiiltleking Farce. Comedy A Breezy Time n«aoH«a0B»a«ai 'SB0HR*H»B*H* I Diamond Coal Co, | a .\< ;i:NI':i 1*1) 1*.' SS DIAMOND COAL. | 3 HAY AND GRAIN , g 11 (limit Dry Wunil Alnn > t on Hand. • S TRANSFER AND 'EXPRESS. S• •J J. S. TIIOMN. AUiKB cr, ¦ " .lift I!. IIVMAN. I'lio ne 16(1. m •¦•¦•¦•¦•¦eBa«H«M«i»l«t«tS 9 © • faster. |~| fk 1 ^ in alt colors ® w ©) (e , i — ,.—.-^,.,.,„.,,„.,., , (© ^ The $> ^ i lie . (OI Latest and Nobbiest | /^ Styles at Reasonable I'n'ces. ^j ¦») ©)ft <&©) Large Assortitjent of <$\1 PATTERN HATS I ?)' Also Our Own Desi gns %)C® (9 ©) ——. i - i i A) (A (Aq\ Will Make it to Your Advantage ^\ & to Call and See M y Prices Be- (^ g^ fore Buying. ^i Mrs. V. M. QkLim i :§; Onlena Street. ® •© 9 © 9 ••S^2^S/o\$^g^2^vSvS^®© ® © 9 ® C onrad 's Paper Cleaner It's a Good Thing Why buy Wall I'liper , when Con- nur* 1'ap er ('leiiiier iniiUeH your old ¦mper look like new? Paper cleaned without taking up or soiling tlie ear pel. I will clean your paper , or sell you the Cleaner nt 'iraj ',*. Mill street, (fa r e's 'I'leket Olllce.) Leave orders lu advance. LINK CONRADAspen, Colorado , I'. O . Hox 1 087. IN TII K Winter Time You ahnultl liilce a trip tn Nome of tin iiiany winter rosort.s lu the Snuth and Siiulli eiidt , and Hie bent way to got there In via the Colorado & Southern You know we are Hie ulnirt line to nil points SuiiliT; and out throiigli train*, carry liiindNoiue .u p-lo-diitii ¦ l v nl linnn sleepcra and elegant chair cum iiiu'iiIk ii In carte.) Texas—(JalvcHtnn, Hun Aiitoiiln. L nuisiaiiii— New Or lcaiiH. Lil lie C.tn\rt\*i\. ArkaiiHii.s— Hot Spr 'ngs. Mexico — City o f Mexico , f.'iiai lalajara. Agiia.Hcal leiiteH . l*'nr further pnrtleiilui'N call on any agent of the I 'dorado ,V Soul hern , or iiildreim T. K. KISIIKIl , (I, I'. A, Denver, Co lo. ¦'.' •'.' »'* *'.' •'.< >',< •',' >'.' >'.¦ •'< ''.< >'.* >',< >'.* O <¦'.• r* •'.< *'.' »V -V *•".' *',* >'' *> e.' '** ••V ¦'* >',' *V *V* •'* *'.* .;i t;< ¦,;« ¦.;« s,> >;» t ;i »> .;< »;i tp i;<»;»¦# >p i;« ;i SUBSCRIBE FOR Th e Aspen Democrat .*;< e, i'i O »?•) •? »'» Ci»'.' O O •? >'.i O »> »'.' »'.** •*»J« © •'.' *¦".* »? O t*.' IT' C' O O »*i © © © il©©©©©©©©©©© © ©. © © © © llP^I ™ '^ESc G reat Scenic Route OF THE KNOWN WORLD IN THE Denver & Rio Grande RAILROAD A New D e partu r e Colorado Midlan d Railwa y Tour i st Slooporo ii ::t\vkI'*\ Ch'tcat*o and l.oj Angeles Without change W C.sritiill.VH l*"roin Chicago each .Mini.lay vlu tilt) Burlington r .11r¦•. I'Vuiii Di n vi r i'ih'Ii t^'ei liieiihiy, irillll No . .'., Clo r.lilii .Ml,11*111,1 ||y. D aylight Through Hie Mountains, i:.\S TIIIII ,'NI> I'rnlll I'll Ali/c lr-l 1'iicli Moinl 'i;*. Ill fiiiilllii 'i-n 1'ailil ¦ Co . I'roiu !'i lt T .ti I aeh 'Pliiii 'ila .i , 'I'lii ln Nn . ii . iin n. t:. \v, Cniornd'i M l'llii'i.l I!y. Thro (o Chlragn via Bur. Route. Ani nci-iit't Colnniilii M'.illaiul liy , fur rnto'i , Ibn.i talilen , nm l ilr*'*rl|ii> Iv e linoldi'li or ndilrefd the (t"ni'in1 nn*i«enirer il ir^nt , Pell-fer, f'.i l.i - -:JfOSfiS8n»B»8»»»«BeH«H»«B0«'a*MM.»||'»H *»|iOl»m . i . _, ^ ^ ¦ A¦ ceived a special assortment of S, : I V;is nnd Nasturtium seeds in S Also , a complete assortment S . ¦ •;.rc]en and Grass seeds. • ¦h'ow andJ *ed Onion Sets io¦a ?.. J. FLYNN, I IB•' ¦:¦ ¦..-,¦,- . 5'VpSf '-'St ; ""¦< ''Phone .*-«4. "" 5'" ¦"¦ 9i 9 P. 0. Box 739. g ::£Q9EtCBetg9asaeBCB«B0BaBel«BeB«BCB0B-9BOIC , • mi -.Meets Heeohd n •: ¦ i - of <*a«*li ino ntli 'ut,; . i.'aleii u St. J; U.i '.I'l .'us eher , See. :,, ¦ " ¦ us.'-jfeets first mid\ -• of each inoiith lu i I'. M. Y:ilen , \V.¦le '.d , Hecro tary. . i*-No.,U). It. A. 11.—: fo urth Monday ofi *.nle '1'ernple. K. C.i '. \V. Strlngllcld , See. er No. '22 , O. E. S.--¦: tl:iril Fridays of each•mil Temple. Bmma .7.¦.-'¦ir-ili A . Willi ams, See. i ': ::i CM.-niiiandery No.i '.iiv -.M-cls (lr st and;' i cell iiioiiili at Ma \\'. Siring Held , B. C.¦\ -¦rder. i .LDWS. I .V.i—.Meets everyI. O. O. K. Hull.:.-.\ Street. A. II.:'. Aek vriutiii ,";.{. No. 2!)—Meets, .ay of eii eh momli¦. M. UtU'lslHllllVV,in. .Scribe. ¦ • i * No . 1)2—Meets¦ ' hi. ()<!d Ktillow 'sH il . M. 1-. Brown , 8 . .. S -Meets secondB > > ' ' each month atK ¦¦'. Th aya , Captain. ft *¦ .il :.v No. ',)—MeetsH; .i: at Ofl;'. I'VI-Rl i lay. N. G. M li- ft' I'VTIIiA S. B: I'ii.'i uy No, 11!,a, . :ii old CourtH -,l:»v e vening. I*.E !.. I.', li arville , It. E-i ¦'. -... No . -Kl -MeetsHI' . ic: .-a I'yth lnn1] .i .C, X. A. hlk- ¦!*¦ IMiii rosc Temple,i ''Imr.siliiy ufter-r :*i nii hall. M rs.i'.. c . Viohi C.allu- J: ¦ ¦IlKMMN. ¦: ! Meets every(• .ii (id.l Kellows'J M . W. II. T. !'¦ J !:: Meets overy;i i '. 11 . S . of A, hall.I Mliln Smith . II. i ¦ " :¦ Is eve ry Hecillld '' , .a.'li llllllllll lit §i . hee ling, presl-¦. I*'i naiicler. ¦ n • '_m' i). (>: u.—B» .¦veiling In 1". *Vft- l ail Uunter , C. of i !* *, No . -Ill—Meets¦ . a :.,lay of eachf ¦ * ,\, Hall. Jiillti*< p. II. Pnywult.r I ¦ MeeU llrst nnd< ' i'li mon th at* hall. Mrs. V.1* Mia . Kiln M. 1 'Vl'lel NO. J!>-¦' Ii- i-i i oiiii 111 1!1 * 'I. Aiinn Me- t "" .:.. I I" C Viiiing- I l Meets lit P.HF liahi y eveningH. 'I" ,iy« welenme.M WiI.miii, <Mi r k. B' * il MeetH llratK , "Ulug o f eachm ' .: a. iiaii. aii'H.¦- Maiy l„ IU'lile , If Amer ica , Ah-Meei'i ev ery nee-L uther i)|ie!i - , • i:.*il (.Mi.ns* hail , i*.I Mens' luili,j , m a-. Mnry V 1 , ' .''.i'i liil nl Wert*I .', ; ; "' -''iim strong,I • i- s Hi*. Iifmrlt'i* \; iiOT ORY.z— ELKS. Aapen i^odge t\o. 224 , B. I*. O. B.—Meets In their hall over the StateHank, the second nnd fourth Wednes-day in eaeli month .it 8 p. in. Visi tingEIkn always welcome. A. S. Itose, E.It. frank li. Browne. Secretary. CUOSBN PUIENDS.Aspen Council No. 10—Meets everyseco:. .Mid fourth Thursday of eachmonth in . Red Mens" mill. M. W.Lewis, C. Lizzie PoWl.i , Sec. UNIONS. Ketiill Clerks' Local No. DO—Meetsthe ti rs t Kiiday night of each monthIn Miners' Union hull. C. II. Pratt ,President, .lames Walsh, Secretary. Pitkin County Miner's Union No. C—.Meets every Tuesday at 7:.'i0 I n Miners'Union Hall. Theodore Saurer, Presi-dent. It. K. SpinUle, Financial Sec. Barbers' Protective No. 1—Meets onthe second Tuesday night In eachmonth. A. J. Bicker, Presid eut. G.V. Anderson , Secretary. OFFICIAL DIRECTOR Y COUNTY OI-TICEUB. Clerk It»y Parrx roiisuror M. C. MeNU-liolsSheriff I*. V. Irvingassessor A. J. U oga nSupt. of Schools E. M. ScanlanCoroner I. c. .riilinsenCounty Judge II. C. KogorsAttorney It. AV. ChirkSurveyor ti. W. NiceCommissioners—II. llourg, Cliiilrnuiii.Vlnee .lohn.son. II. Ilarkins. I'M ItU nEPAllTHENT. Aspen II0Ki> No. 1—Meets ili-st Tuns-day in each mouth. A. I). Irwi n , Pres-iden t , W. It . Hull , For eman. Cowenhoven Hose, No. 2—Meetsfirst Friday in each month. CharlesO'Kane, Pres.,.f. 11. Powell. Foreman.J. 1). Hooper Honk and Ladder Com-pany, No. 1—Meets lirst Monday Ineach month. Ike Jones , President , BenIJari'iihrook , Foreman. CITY OFFi -8RS. Mayor S. 0. McNeilTreasurer Emily A. KonneyClerk Estella I. Sandersl'liysielnn Dr. tlulhiiePolice Judge S . St. BiglowAttorney : 11. \V. •CliiricMiirshal William WalshC. l.'. Smi th Fire Chief(.'lias. Simpson JailerAldei'incn—Cnnrle.-i O'Kane, 11. It .Br own , .lohn It. Mason . A. (). Weber ,II. Jiihnsoii. V.' oJaH»"***"""l "u"*, tsMj • ^;i 1/^jt>£&t^>-^^— tnr^jjjjv^- 11 Via in ' co p"H min wiiiin i.i :nt is nvuii lu cill wlilell enn In* eaten with » rel- ish W inure I ban ever ile.drable. Vot Kas lei- I'n .V ntn l llu* tln .vw su eei 'i'illuH FiiH ler. nrder .vimd' b)'1')' »»W^'n nf Hi, Prime I'llt rnilHls In lieel'. mllt lon, lamb , | )try--i'v eryl)ilng yon reipilr. In t h eui nml pi'tiHry II'"' ««• HUNN The Ment Mnn D, H. MOFFA T . Pres ident, W. S. CHEESMAH , Vice Pr esident.T, G. LYSTER. Cash ier,0, L. WOORE. Ussl. Caslita,THE ^ • State Bank •¦¦OF... ASPEN, COLORADO. DIRECTORS W. S. C hecaman , D. IT. M oflnt , D. M. JT ymaii , T. G. L yater , Win . J. C ox For You to Read "What pu/.zlcd mo in tho beg inning -was that I kept losing flesh without anycause fur it that I could see. I had a little trouble with my stomach, too , nndafter a. while began to grow weaker and to cough. The cough , I thought , wouldr.iioii'go away and euro itsel f , but .it didu 't. It grew worse, and — /^'AijX, | .then I began to spit up a pecu- !& V | /\ |i ar lo'.kiiij; substance. 1 never 1 fi* -'Crv/ I mi >*^>k )|nought of consumption , hut ono ^^^ I A ^ --W I IJ^f.l^V/lay I liad a hemorrhage, and th en "I |^^-l(tf *c '',t,:/^i',A I | \F(,k-vVivas fri g htened in earnest and /'fl!«£§^?s Ax tv*^Vv!!l• lid just what you would do . I ( . VYltSS^ V\ i^^oMushed to tho doctor. He was \ \/B ^®^.i ^__ll=J^/X.yether too busy, o r something -—7 Vg /^~i«Siii?f// X ^¦Nc , forlie didn 't doineanv good. I ' /7 /f—vi'r'V " !«.'//, ^' kept going oruWii lull .iwd tlv* -"^ x ***rC -'-?-$', *¦{ /#'.'I,->>*¦<> !¦utloolc was had. Things took a v ' \^li 'm \ ' Ir 'iV s-^iliffcruiit turn , however , when I —1*^~ ^~/'i\S/-\ V- //."/ /*&t^heard of Acker 's English Reined v ^frffij. I' P;^^L/~%i[i4%$mlor Ccmsumption , for I voc-k ii , W/fj /A ///• §j \. •/ ^f l-!Wr.**tshand it not onl y cured my coug h- //j/f/fi A'f/ | Uv 'h\ &niff and spitti ng , but also built up "' \ Jl ,'/^:''i^:..v^i l i p ' " 'my whole system. I took "il per- ^? '-^t '-'- '-'-¦ --—Vmanent lles'h , and today am just c?-^^—as h ea lth y a man as yon can find J '^in a week's travel. You mnv busure I always keep Acker 's Eug- ¦ ' ¦ "-—'"_ ' , __lish Remed y i n tlie house , and it '^^i^i^^^^^Tr^-ir^HsiTrr^1is a good thing I do so , for one ^S^^S^^^f^5^^1^1^ni ght my youngest child was \\ftntrr, -rj,,,,^i;eizod with croup. That hoarse, \'l l '|l f 'jViinwheezy coug h was t ho lirst si nual , I 'and I los t no time in giving the poor lilt lo sufferer proper doses of this grandmedicine. In almost no time the disease was under cT.t rol , a nd my chiM wassaved: I advise every parent in have a bottle Uaiulv al! th'* time. It scrv ¦.•¦¦. tliesame purpose in keep i ng croup o.-.t of the house ll-.a:" a •..¦.•i:'. Lick a nd kev u*-. '.oto keep burg la rs out . It is ii nh mi expectorant and :*. to:.:.'. It c ured nie.'"l ' co n-sumption and my ehildof croup, and 1 know what I a-:i :.•.'.'..i nj; abunt." (Sig ned)Hon. M. Uiiii.xN , picture frame manufacti rer , ¦.*.|i-Ccu '.e r Street . Ne w York. Ac'u>r *s llncli-l. It'-m.-ilv it.'il I I'V Jtl l ilr-l'.-.-NU u-i.l rr :. l",.iliv.- -'i ir '¦ Ciul vntir iiioru'^ \«,il In- rrt.iu:ult>hu cn„..,, i.,.I,,,-,.. -j.v ,:„,c a .,.i ;.]„ j,,,,,^. ,„ i;. :, a ,„i , .,,.,,]. i„ l .;, :i.,„,i. l». ¦J.I ..J,. :u .„i.J i, f.l. IIVflK.'.-V"/:.- .'.',- .¦¦•,.-.- ..:,.- -.ii .:,: (;-. //. i:n-i:, :;;.-..¦ , , ;¦ ..,„.¦„,.., .v,.-» r»i -t.;.. ^J^-Vnt e Aspen Pharmacy. B©O0©0©©©©0©fB©©©*3 ©©©_©©©© ©.© ©©©©©©©?> %m^r% r^@ l3 A " . ¦ . ' ' *\* !i . : ... © »3 —¦ '¦—: '¦ —-»— .*. :•)¦•-. " ' . © 8 '<•:¦' 5) •¦•..; *Ii © \ A $5 Man s Shoes for - - $2.50 | \ A $5 Lad y 's Shoes for - - $2.50 | 3 ' •' ' ' '.'¦ •' © 3 '¦¦.'..'" 5* 3 ¦ ¦ C1 9 .... © I : ., : .„____ I 9 • v *I O ne Day Only \ s '' " ©9 i :. ,.. THE *I C rown Shoe Store I l£ C. F. Y0UBERG , Propu }?I 9-<* CJ^ • **i» © © © © © © © © © © © © © © © © # © © © © © © © © © © © © © © © *-'1 "A Breezy Time." ".V Breezy Tlmo" which has been ahilighhig suecinH for the past season,and hi which the iniiiiagers , Fit/, andWcbstiT, have achieved fume nnd for-tun e, will be at the Wheeler nex t Wid-uetwlH .v . "A Breezy Time" Is » musica l fa rcecomedy creation with an nbiuidiuieeof fun and a paucity of Merlons Inter-est. In other words* Us purpose Isto divert rather Until to oiigrosp theattention. It Im-I I i*vi*m 1ln>' geneinilopinion that n farce eoiuedy nmnothave n coherent pint. In pnlnt of fact.It has a (^-lieine of interest that 'runstliroughout the entire play, and makes. BESSEY LE VOYn very good rack upon which to hanga scries of specialty performances ofii high order and enjoyable nature;: ,..' This musical co medy fairly scinti- latc.s with mirth and merriment , lia*stlie sweetest songs, jollies * jokes , i-ud happiest Jills. The novelties iiilro -ilu'ceil i nclude the three legged. Hiiilor. lawn teainls quintette, f rolii .-. of f rogs. :lie rooster diiu<:e , and a .grand' cuke walk by the entire company. 1*. S.—Do n 't miss the free band con- cert Ht'S&O l>. m.. SPORTS Cortxtt-Santry ' Young Coriiett the popular (Tolorndo feather-weight , will have a elmnce tn'regnln--h'lH lost laurels nex t Friday night In Denver, where lie Is scheduled xn meet Kddle Snntry. .lolimiy Cor- iiett , his trainer, says as follows to the D enver Post : "I expect hlin to make the tight of Ids caree r. I did not have sole charge of him wlillo he was training for Itrond , but th is time I mean to put my foot down ami see Mint -lie iloes ri ght. WJie.ii I mi nk of "how . he al- lowed Broad toliea t him It gets mo so warm under the-co-linr that I ean 'h nrd- ly. t*iHMils. lle 'on'ght 'to .linvi*. beaten l ti:oiid ,..easy, and after tlie seemul'' round 1 did not'-iee where he could lose The Kid needs '.-I 'l ltlle more experience. Hint's all. Peopfe ' inay nol think so , ; bu t i nni _ of th'p o pinion' that Santo- Is a tougher i nVin lliart Itn>ad. I am mit saying this ns an excuse la ease the:JCld gets defeated . If Coriiett Is j well and strong ' and meets defeat there -w(ll .'lie ;-no':i*oi npliiint coming from -on.!' si de of t'he house." . Field Day Arrangements are now being wade by P rofessor I'r.'Wii si-onib.! and Ills able co i'iN* of asslslunts by vliich the e ntire s-hools ot .li'lien wl 1 - partlci- pate In one , grand I*"l eld Da.' of a tlt- lelle spin Is and i ten is'es to Ink,- place about the middle of May. T'ij..sc.'ilm i 1 board am! teiieli 'is deserve f'e thankf- ul' eve-y iia rent. fit * lii 'l rodiiclii;; gym. iiastles ami cnlisllie.'ities into tiii- pub- lic sc'iools he re, a s it is jus ' as ne- cessary lire body should !<.¦' Inii ncil p roperl y' as well ns the iiiiii'1.' I t sliou '.tl be ili e law in ev-iy slnte , th at :i thorough cui"-se in gv.:iii.istlc- nud atltte.tles be taught iu all bvIiouIk. Tlie iiccuiii nlnted stock of nainby . painliy, whining uiifni-tuniiies is re- duced thereby and future generations ^••••••••• ^•••••^^••tiVs '*^ il Amusements and Sports ii....8... ..M ........... ......... j All the Latest .^iongs , All tlie Latest Dances, All the Latest JNovclties A Whirlwind of Laughter . and a Cyclone of Fun. U Lau g h , U Roar , U Scream Dnii 't fail tn hear the Solo Band Con- cert at .'!:.'in p. m. P rices , oOc. T.'c , $1.0i >. Sea t sale tipens Monday. The BE ST BUTTER In the market only 30cPer round, fresh ranch ICggs . Kansas City corn fed mea t and poultry. Staple , Fancy Groceries I!ass ' Pule Ale and Ouinuesfie's Stout, the best Tonic for the Grippe, o n ly ¦.'.-> cents per bott l e. Port and Sherry Wine, ,?1.H0 pe r gallon, and all ki nds of I.iipior for .Medical and Fain- I li y use at j W. DURANT , 806 Cooper Ave.Telepho ne ll-B.SOU Cooper Avenue. Free Coina ge Barb Shop W. R. JAMES, Prop. Sniootli Shaves and Slick Haircuts a S pecialty . Hyiiia n Avenue. Hctweoi Al Lamb's and Belden & Heidi's, Life and Accident Insurance Kstlmales on all kinds of lnsu ninei fur nished upon application. JAS. T. fVIARR OIV, Disi. A Qt. Aspe n , Cnlorildo . . ^ ¦'-J 1- — — , P..I ..N..E Wines,, . iLiquors , and Cigars ; lilil.NK TIIK ('KI,I*:i!I!ATI*:i> .MIX N KStlTA llllAl.N I'.Kl.'l' HKKU. ....AT.... : A. J. MINK'S Samp le Room 306 South Mill St. BROWN PALACE CAFE Tlie Luxury of Living, Iloige ' Cooking. Only the Very rte^t. )VER THE POSTOFFICE. Amerleim Plan. Only regular inenh lerved. ' dlKS JOSIK (lAllOUKV , Proprietor W i n d sor Hote l , DENVER.head quarters for Colorado People, doro for the money than any othei hotel in Denver. R ales , if'J.OO to $15.00 a day. KlneHt Turkish lliiliia In the City. T. A. WK10IN, MnniiRcr. 241 From: Sent: To: Subject: Jeffrey Barnhil Monday, April Mike Sear 22, 2024 9:59 AM FW: Red Butte Cemetery On -Site Caretaker Forwarded this to hpc but forgot to include you! Nth CITY OF ASPEN Jeffrey Barnhill Planner II � Community Development ( 3): 970.429.2752 1 (C): 970.319.6636 https://www.aspen.gov My typical in -office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship I Partnership I Service I Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Jeffrey Barnhill <Jeffrey.barnhill@Aspen.gov> Sent: Monday, April 221 2024 9:58 AM To: Charlie Tarver <charlie@hubofaspen.com>; Jeffrey Halferty<jeffreyhalfertydesign@gmail.com>; Jodi Surfas <jodi@surfasconsulting.com>; Kara Thompson <kara@kpt-design.com>; Kim Raymond <I<im@krai.us>; Peter Fornell <peterfornelI@aspenhpc.com>; Riley Warwick <riley.warwick@elliman.com>,, Roger Moyer <roger@aspenpainting.com>; Kirsten Armstrong <kirsten.armstrong@aspen.gov>; Stuart Hayden <stuart.hayden@aspen.gov>; Kate Johnson <kateJohnson@aspen.gov>; Luisa Berne <1u1sa.berne@aspen.gov> Subject: FW: Red Butte Cemetery On -Site Caretaker Good morning HP(', We have received public comment regarding the 808 Cemetery Lane hearing scheduled for 4/24/2024, after uploading our staff memo, so I'm forwarding along for your consideration. Please see below. Thanks, Jeff NJ ��% CITY OF ASPEN Jeffrey Barnhill Planner II � Community Development ( D): 970o429.2752 I (C): 970.319.6636 https://www.aspen.gov My typical in -office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00, Our Values: Stewardship I Partnership I Service I Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Stone Davis <stonedavis@kastellum.com> Sent: Sunday, April 21, 2024 9:32 PM To: Jeffrey Barnhill <Jeffrey.barnhill@Aspen.gov> Cc: Stone Davis <stonedavisPkastellum.com> Subject: Red Butte Cemetery On -Site Caretaker Greetings Mr. Barnhill, i�iy name is Stone Davis. i am writing to offer my support for Red Butte Cemetery's request to aiiow a Manager/Caretaker to live on -site in the existing Red Butte Cemetery maintenance building. As you may have gathered, I am the son of Stoney ®avis; the long-time volunteer Manager and Caretaker of Red Butte Cemetery. I also grew up in Aspen, attended elementary school in the old red -brick schoolhouse, played football for the AHS Skiers, and taught skiing at Highlands. I left Aspen only to study history at CSU, and then to ship out with the U.S. Navy. Over the past 30-years I return to Aspen often and for lengthy periods, many times at Red Butte Cemetery helping my father to maintain the grounds, Iarl% burial Cl"d headstone plots, and to visit our many family and friends that lay in rest there. Our entire family has plots at Red Butte Cemetery, and we will all one Jay rest there too. I say all this for three reasons. 1. To stress that Red Butte Cemetery is the people's cemetery; for all the citizens of Aspen - past: present, and future. 2. To assure you that I care about the history of Aspen and of Red Butte Cemetery. I regularly wall( the grounds considering headstones with the historic names of those that built Aspen. 3. To emphasize that I Know what it takes to maintain and operate Red Butte Cemetery. I've seen my father do it for over 25 years. ®uring those 25 years, he has volunteered his time, skill, and hard work as Red Butte Cemetery's Board President, Manager and Caretaker. Fortunately, he lives in Aspen, close enough to work at Red Butte Cemetery almost every day: Laying out plots and headstone locations, mowing lawns, fixing sprinkler systems, planting trees, managing finances and plot sales, and yes, even picking up dog waste from neighbors who are welcome to wall<their dogs through the beautiful grounds. As importantly, he is close 2 enough to be there on weekends, holidays, and on short/no notice to show plots to bereaved families, meet with burial or headstone contractors, or to shut down sprinklers or water lines when they burst flooding the streets. Red Butte Cemetery is the beautiful, well -run place it is today for the citizens of Aspen because my father is both dedicated to the job and because he lives close enough to make it happen. That said, he is 82 years old, and is correctly trying to develop a transition plan for when he is no Longer available to manage and take care of Red Butte Cemetery. That plan will require a Caretaker who knows how to manage and maintain the cemetery, and who lives close enough to do so. The ability to maintain Red Butte Cemetery was improved dramatically by the building of the maintenance barn on the north end of the property. As there is now, at that time, there was consternation from a small group of neighbors who felt the crucial maintenance barn would spoil their view and solitude. The complaints were overblown and frankly self-serving then, as they are now. Ultimately, the maintenance barn was approved, designed, and built with care to minimize its impact on neighbors and ensure Red Butte Cemetery's maintenance and historic preservation. The barn is now a normal and is piece of the landscape. A Caretaker living at the barn will not change that. As part of that transition plan, the Red Butte Cemetery Board is convinced that it will be necessary to offer on -site housing to whomever the next Caretaker may be. I agree. As I think we all know, the person who takes this job will almost certainly not be able to afford to live in Aspen or the Valley, close enough to be an efficient and effective Caretaker. There is a room and bath already available in the maintenance barn. No external construction or new facilities would be needed. Yes, there may be a car parked at the barn a bit more than there is now, and perhaps a light or two at night, but those insignificant factors are nothing compared to the great benefit to Red Butte Cemetery and the citizens of Aspen of having an on - site Caretaker to manage and maintain its beautiful and historic cemetery - for the families of those that rest there, for the Aspen citizens (mostly neighbors) who walk its tree -lined paths, and for those who will ultimately rest their too. I urge you and the Historical Preservation Commission to support this common-sense initiative to allow an on -site Caretaker to live at the Red Butte Cemetery maintenance barn. Thank you for your consideration. D. Stone Davis Commander, USN (ret) Aspen High School Class of 1984 813941695840 Mike Sear From: Sent: To: Subject: Good morning HPC, Jeffrey Barnhill Monday, April 22, 2024 9:59 AM Barb Pitchford; Kara Thompson; Jeff reyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@ hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden FW: Red Butte Cemetery We have received another public comment regarding the 808 Cemetery Lane hearing scheduled for 4/24/2024, after uploading our staff memo, so I'm forwarding along for your consideration. Please see below. Thanks, Jeff Jeffrey Barnhill Planner II 1 Community Development (0): 970.429.2752 1 (C): 970.319.6636 https://www.aspen.gov My typical in -office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship � Partnership � Service � Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message ----- From: rod elisha <hotrod4256@yahoo.com> Sent: Sunday, April 21, 2024 11032 PM To: Jeffrey Barnhill <jeffrey.barnhill@Aspen.gov> Subject: Red Butte Cemetery Dear Mr. Barnhill, As a fourth generation descendant of some of The Pioneers, patriarchs, matriarchs ,and historical figures of Aspen, I am beseeched to write to you today to ask that the Aspen City Council seriously consider its options for the preservation and upkeep of one of the fabrics of the longtime Aspen community, Red Butte Cemetery. It has come to my attention that some may consider Red Butte to be nothing more than a simple cemetery, but it holds b eneath it's dirt, the souls and historic bygones of a town's people, history and indeed it's own soul. The graves, markers and stones represent both yesterday and today. Recently the Aspen Historical Society has shown tha t there is a touristic Value to tours of the majestic members of Red Butte cemetery. Should there come a time when a full time, on site caretaker is needed, to conserve, preserve and protect its inhabitants, now is that time. I urge the council to make the right decision to allow Cl" onsite caretaker to live on site. As we all know, Aspen has a limit ed supply of housing. By allowing one individual to live , thrive, and survive and do the duties prescribed it will be the Ion g term benefit for both that individual and Perhaps, the town itself. Thank you, Roderic Elisha 2 From: Sent: To: Cc: Subject: Good afternoon HPC, Kirsten Armstrong Friday, April 19, 2024 2:49 PM Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@hubofaspen.com; Kim Raymond; jod i @su rfasconsu Iti ng.com Jeffrey Barnhill; Mike Sear; Kate Johnson; Stuart Hayden Public Comment Regarding 808 Cemetery Lane Hearing Scheduled 4/24/2024 We have received public comment regarding the 808 Cemetery Lane hearing scheduled for 4/24/2024, after uploading our staff memo, so I'm forwarding along for your consideration. Please see below. Thank you, ���� � KIrSt@f'1 /4iY'Y1StiOtlg (she/her/hers) Principal Planner, Historic Preservation I Community Development \ 1 (0): 970942962759 1 (C): 970.319.0700 www.citvofaspen.com CITY OF ASPEN My typical in -office hours are Monday through Friday 8 - 4. Our Values: Stewardship I Partnership I Service I Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Steven Spiritas <ss@spiritasgroup.com> Sent: Friday, April 19, 2024 2:42 PM To: Jeffrey Barnhill <ieffrey.barnhill@aspen.gov>, Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Reb Butte Cemetery variance application Please delete the prior communication which contained some typo errors. Jeff, I just left you a voice message today but am transmitting this communication now since time of the essence. The staff statement that the 1901 Aspen Democrat "demonstrated that historically a caretaker has lived year round on the site" is misleading since it is not an accurate picture of the history of the Cemetery. Post this early 1900's time frame, over 100 years ago, the history is quite the contrary. Except for the 2014 one year trial which expired at the end of that year (10 years ago), the historic precedent is that no one has ever legally lived in the cemetery. Please include this communication in the HPC packet. I would be pleased to discuss this further with you, should you have any questions. Sincerely, Steve Spiritas 2 From: Sent: To: Subject: Good morning HPC, Jeffrey Barnhill Monday, April 22, 2024 11:15 AM Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@ hubofaspen.com; Kim Raymond; Jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden RE: In support of Red Butte Cemetery's live -on -site manager/caretaker We have received another public comment regarding the 808 Cemetery Lane hearing scheduled for 4/24/2024, after uploading our staff memo, so I'm forwarding along for your consideration. Please see below. Thanks, Jeff r CITY OF ASPEN Jeffrey Barnhill Planner If I Community Development ( 3): 970.42902752 1 (C): 970.319.6636 https://www.aspe n.gov My typical in -office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship I Partnership � Service I Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Arne Elisha <aelisha@msn.com> Sent: Monday, April 22, 2024 10:21 AM To: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: In support of Red Butte Cemetery's live -on -site manager/caretaker Dear Jeffrey Barnhill, Aspen City Community Development Department, As afifth-generation member of an old Aspen family, many members of which are now or will be buried at the Red Butte Cemetery, I am reaching out to you to voice my support for the approval of a dwelling being allowed to be habilitated for an on -site manager. Housing a local on the cemetery property to provide upkeep, maintenance and security is the only cost-effective way for this important community cornerstone to be cared for in the short and long term. In my mind there are many advantages and very few disadvantages to be had by this arrangement. The benefits far outweigh any inconveniences including to the nearby residents. The benefits to the community include having this beautiful greenbelt maintained as an area of respite from the evermore bustling city and its continued development. An on -site manager also deters any criminal activities from taking place as vigilant eyes on the cemetery would allow for timely reporting to police of suspicious activities that could be potentially detrimental to neighboring community members. Lastly, in honor to all the Aspen area pioneers buried in Red Butte who were instrumental in keeping the city alive and well especially during the quiet years between mining and skiing, we who love and care about Aspen's future must preserve and maintain its past with respect and reverence. The city's approval of an on -site manager is critical to that endeavor and the Historic Preservation Committee endorsing this is the first step. Thank you for your and the Committee's consideration. Sincerely, �rne �f's�ia Arne Elisha 303-807-7007 2 From: Sent: To: Subject: Good afternoon HPC, Jeffrey Barnhill Monday, April 22, 2024 2:29 PM Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@ hubofaspen.com; Kim Raymond; Jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong FW: Red Butte Cemetery We have received another public comment regarding the 808 Cemetery Lane hearing scheduled for 4/24/2024, after uploading our staff memo, so I'm forwarding along for your consideration. Please see below. Th a n I<s, Jeff ��& ;Jeffrey Barnhill Planner II Community Development O : 970.42902752 C : 970.319.6636 ��www.as en. htt s: ov p p � CITY OF ASPEN My typical in -office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship I Partnership � Service I Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Bruce Elder <belderl2@gmail.com> Sent: Monday, April 22, 2024 12:28 PM To: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: Red Butte Cemetery Jeffrey, Just sending you a note of my support of the Red Butte Cemetery residence issue at hand. Although I don't live in Aspen any longer, not only was I born and raised in Aspen (corner of Monarch/Bleeker) from 19674985 when I moved off to college, my father Nels Reinhard Elder was born and raised in Aspen (1913-1990) was as well and is buried next to my mother their in Red Butte Cemetery. His parents immigrated to Aspen from Sweden, buried there as well with many other family members. So, for my two cnents worth, I am in support of doing what needs to be done to maintain and Keep it in good condition. Regards, Bruce Elder 616482808996 belderl2@gmail.com 2 Mike Sear From: Sent: To: Subject: Good afternoon HPC, Here's another one. Thanks, Jeff Jeffrey Barnhill Monday, April 22, 2024 2:39 PM Barb Pitchford; Kara Thompson, jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@ hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong FW: Red Butte Cemetery on -site housing Jeffrey Barnhill Planner II 1 Community Development (0):970042992752 (C):970.319.6636 httpsaHwww.aspen.gov My typical in -office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship � Partnership � Service � Innovation Nofice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message ----- From: Patti Stranahan <pattistran@gmail.com> Sent: Monday, April 22, 2024 1*43 PM To: Jeffrey Barnhill <jeffrey.barnhill@Aspen.gov> Subject. Red Butte Cemetery on -site housing Dear Jeffrey, As an owner of several plots at the Red Butte Cemetery, I am writing to endorse the cemetery's proposal for an on -site manager. We have benefitted all these years from Stoney Davis's careful stewardship of the cemetery and the fact that he has his own housing. We all know that housing local workers is critical to our community health. Housing an on -site manager in an existing structure is the right thing to do. As vandalism has been spreading on our public lands and forests, 1 1 believe that it will also cut down on any late night shenanigans which are bound to happen in an unsupervised cemetery. Thank you for your consideration of this important proposal. Best, Patti Stranahan 2 1 Mike Sear From:Jeffrey Barnhill Sent:Monday, April 22, 2024 3:11 PM To:Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong Subject:FW: Red Butte Cemetery Proposed Housing One more Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 https://www.aspen.gov My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: susan <susan@spaldingmgt.com> Sent: Monday, April 22, 2024 3:09 PM To: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: RE: Red Butte Cemetery Proposed Housing Yes please. Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Date: 4/22/24 4:37 PM (GMT-05:00) To: Susan Spalding <susan@spaldingmgt.com> Subject: RE: Red Butte Cemetery Proposed Housing Hi Susan, would you like to include this in public comment? 2 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 https://www.aspen.gov The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Susan Spalding <susan@spaldingmgt.com> Sent: Monday, April 22, 2024 12:38 PM To: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: RE: Red Butte Cemetery Proposed Housing Dear Jeff: 3 I was at the cemetery a week ago and spoke with Stoney Davis. He said he is very concerned about having a caretaker for the cemetery, given that aside from himself, the board members all live downvalley. Then, in speaking with Lynnette Conner (many Conners buried in the cemetery), she said she has noticed a decline in the level of care occurring in the cemetery. Thus, I am curious if Stoney thinks that by having an onsite caretaker the cemetery will be in better condition. Also, do they plan to have controls in place over any tenant that will prevent the person from “abusing” the sanctity of the space? I am very torn between the need to protect the sanctity of the space and the need to take care of it. I wanted to share my thoughts with you before the hearing. Unfortunately, I am out of town and not able to attend. Thank you. Regards, Susan W. Spalding Spalding Management Services, LLC P.O. Box 49 Aspen, CO 81612 (970) 925-9131 (office) (970) 948-1044 (cell) Susan@SpaldingMgt.com From: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Sent: Friday, April 19, 2024 8:59 AM To: Susan Spalding <susan@spaldingmgt.com> Subject: RE: Red Butte Cemetery Proposed Housing Good evening, We have received public comment from you regarding 808 Cemetery Lane, this public comment was included in the agenda packet published on April 19th for the hearing on Wednesday April 24th. 4 Thanks, Jeff The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 https://www.aspen.gov The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Susan Spalding <susan@spaldingmgt.com> Sent: Tuesday, March 26, 2024 4:15 PM 5 To: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: Red Butte Cemetery Proposed Housing Dear Jeff: Thank you for letting me know that the hearing for the proposed housing at the Red Butte Cemetery was postponed and thus there is still time for public comment on the situation. Unfortunately I will be out of town on the scheduled hearing date in April so will not be able to attend it. While I am very sensitive to the need for employee housing in Aspen, I admit to feeling quite dismayed when I learned about the proposal to convert the maintenance facility for the cemetery into an employee housing unit. I buried my husband, Michael (Mickey) Spalding in the “new” part of the cemetery in October 2022. This is quite close to the maintenance facility. Part of why I chose that burial plot was for its isolation, view, peace and quiet, and sense of solitude I experience there. Mickey moved to Aspen in 1970, built our house on Snowbunny Lane in 1985, and was a very active part of the Aspen community. I “joke” that he has just moved further down Snowbunny Lane to his new location. Going to his gravesite (which will also be mine) provides my family members and myself a great sense of peace. My concern with the thought of a housing unit so close to the actual gravesites is that the quiet, beautiful solitude of the place may be marred by the activities of daily living. I realize there are houses behind that area (on Snowbunny Lane), but they are set back and separated by the stream and trees. By turning eastward, there are no homes in the view plane, which again, is very peaceful. There are very few places in this world that offer such solace to me as a grieving widow. Thank you in advance for sharing my feedback with the various authorities. Please feel free to contact me if you have any questions. Regards, Susan W. Spalding 1360 Snowbunny Lane Aspen, CO 81611 (970) 925-6810 home Susan@SpaldingMgt.com 1 Mike Sear From:Jeffrey Barnhill Sent:Tuesday, April 23, 2024 9:08 AM To:Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong Subject:FW: Red Butte Cemetery Good morning everyone, Please see, another one. Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 https://www.aspen.gov My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Robert Ryan <ryanautoracing@comcast.net> Sent: Tuesday, April 23, 2024 7:39 AM To: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: Red Butte Cemetery Dear Sir, My wife and I would like to register support for the on site caretaker housing proposal. It would make sense to incentivize this position, and ensure a commitment to the service of all those who made their contribution to this community. I would hope that there is a low impact path to accomplish this for the sake of those who would object. If you walk amongst the head stones by the front gate, you realize that we are the new comers and they are the "nimby's" (they let you in town). It won't be too much longer before we join the rest of the family at Red Butte. Robert & Diane Ryan April 17, 2024 T0: Jeffrey Barnhill We are writing in support of an onsite employee at the Red Butte Cemetery. All eight of our grandparents came to Aspen in the 1890s. Six of them are buried there. As well as our four parents, brothers and sisters, aunts and uncles, and sadly two children. At least 22 gravesites including our own. The last time we visited the cemetery it was not in the best of shape. Respect for Aspen's forbears requires upkeep and oversight. We do not understand why this quiet piece of property should not be esteemed and protected. Claude and Irene Conner PO Box 38, Palisade CO 81526 conneraspen39@gmail.com 1 Mike Sear From:Jeffrey Barnhill Sent:Tuesday, April 23, 2024 10:13 AM To:Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong Subject:FW: Support of onsite manager at Red Butte Cemetery Attachments:Dear Jeffrey Barnhill - Aspen City Community Development Department,.docx Hey all, Please see one more. Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 https://www.aspen.gov My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: M Elisha <mrelisha@msn.com> Sent: Tuesday, April 23, 2024 10:11 AM To: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: Support of onsite manager at Red Butte Cemetery Dear Mr. Barnhill, I would like to voice my support for an onsite manager at Red Butte Cemetery as put forth in the attached letter. My family has several ancestors in this cemetery, which Stone Davis has diligently managed on a volunteer basis for so many years. Having an onsite manager will provide necessary oversight to ensure this heritage site is adequately maintained and monitored in future. While we certainly understand the concerns from residents adjacent to the cemetery, I don't think they are issues which can't be adequately addressed through mutual consideration and compromise by residents, the cemetery association and a cemetery manager. The benefits of an onsite manager far outweigh the costs or any disadvantages. 2 Thank you for your consideration and voting affirmatively for allowance of an onsite manager for the Red Butte Cemetery, Matthew Elisha mrelisha@msn.com 7873 Owens Street Arvada, CO 80005 Dear Jeffrey Barnhill, Aspen City Community Development Department, As a fifth generation member of an old Aspen family, many members of which are now or will be buried at the Red Butte Cemetery, I am reaching out to you to voice my support for the approval of a dwelling being allowed to be habilitated for an on- site manager. Housing a local on the cemetery property to provide upkeep, maintenance and security is the only cost-effective way for this important community cornerstone to be cared for in the short and long term. In my mind there are many advantages and very few disadvantages to be had by this arrangement. The benefits far outweigh any inconveniences including to the nearby residents. The benefits to the community include having this beautiful greenbelt maintained as an area of respite from the evermore bustling city and its continued development. An on-site manager also deters any criminal activities from taking place as vigilant eyes on the cemetery would allow for timely reporting to police of suspicious activities that could be potentially detrimental to neighboring community members. Lastly, in honor to all the Aspen area pioneers buried in Red Butte who were instrumental in keeping the city alive and well especially during the quiet years between mining and skiing, we who love and care about Aspen’s future must preserve and maintain its past with respect and reverence. The city’s approval of an on-site manager is critical to that endeavor and the Historic Preservation Committee endorsing this is the first step. Thank you for your and the Committee’s consideration. Sincerely, Arne Elisha 1 Mike Sear From:Jeffrey Barnhill Sent:Tuesday, April 23, 2024 11:23 AM To:Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong Subject:FW: Red Butte Cemetery letter Attachments:RedButtecemeteryletter.pages Another. Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 https://www.aspen.gov My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Matt Stege <mattstege@gmail.com> Sent: Tuesday, April 23, 2024 11:18 AM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Cc: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: Red Butte Cemetery letter Hello Kristen and Jeffrey, Please include the email below in the public comment portion of the April 24th meeting of the HPC regarding the Red Butte Cemetery Affordable Housing Proposal. Dear Members of the Historic Preservation Commission, My name is Matt Stege and I live at 830 Cemetery Lane, which directly neighbors the Red Butte Cemetery. I, as well as my family, are opposed to the RBCA's proposal to use the maintenance shed as an affordable housing unit. This proposal goes against both the land use code and the character of the cemetery. We respectfully request that you deny this application. Regards, Matt Stege 1 Mike Sear From:Jeffrey Barnhill Sent:Tuesday, April 23, 2024 3:01 PM To:Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong Subject:FW: On site Maintenance at the cemetery Please see. Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 hƩps://www.aspen.gov My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | InnovaƟon NoƟce and Disclaimer: This message is intended only for the individual or enƟty to which it is addressed and may contain informaƟon that is confidenƟal and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the informaƟon or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informaƟon and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representaƟons that may or may not be accurate. The opinions and informaƟon contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Laurence Elisha <elisha451@gmail.com> Sent: Tuesday, April 23, 2024 1:03 PM To: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: On site Maintenance at the cemetery Jeffrey and all those concerned, I am also a part of the Elisha family. I want to concur with Arne Elisha‘s leƩer concerning the on site maintenance person. I believe having someone who is there on site and inƟmately involved with the upkeep is essenƟal. I also realize how difficult lodging can be in a resort community as I spent several years living in Summit County, and working in the ski industry. Thank you for your consideraƟon. Laurence E. Elisha Sent from my iPhone 1 Mike Sear From:Jeffrey Barnhill Sent:Wednesday, April 24, 2024 9:27 AM To:Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong Subject:FW: Support for On-Site Manager Please see attached public comment Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 https://www.aspen.gov My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Frieda Elisha <elishahunter@comcast.net> Sent: Tuesday, April 23, 2024 9:24 PM To: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: Support for On-Site Manager Dear Jeffrey Barnhill, Aspen City Community Development Department, As a fifth generation member of an old Aspen family, many members of which are now or will be buried at the Red Butte Cemetery, I am reaching out to you to voice my support for the approval of a dwelling being allowed to be habilitated for an on-site manager. Housing a local on the cemetery property to provide upkeep, maintenance and security is the only cost-effective way for this important community cornerstone to be cared for in the short and long term. In my mind there are many advantages and very few disadvantages to be had by this arrangement. The benefits far outweigh any inconveniences including to the nearby residents. 2 The benefits to the community include having this beautiful greenbelt maintained as an area of respite from the evermore bustling city and its continued development. An on-site manager also deters any criminal activities from taking place as vigilant eyes on the cemetery would allow for timely reporting to police of suspicious activities that could be potentially detrimental to neighboring community members. Lastly, in honor to all the Aspen area pioneers buried in Red Butte who were instrumental in keeping the city alive and well especially during the quiet years between mining and skiing, we who love and care about Aspen’s future must preserve and maintain its past with respect and reverence. The city’s approval of an on-site manager is critical to that endeavor and the Historic Preservation Committee endorsing this is the first step. Thank you for your and the Committee’s consideration. Sincerely, Frieda Elisha- Hunter 1 Mike Sear From:Jeffrey Barnhill Sent:Wednesday, April 24, 2024 9:27 AM To:Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong Subject:FW: Red Butte Cemetery Please see another public comment Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 https://www.aspen.gov My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Chris Durand <chrisdurand@sbcglobal.net> Sent: Tuesday, April 23, 2024 11:36 PM To: Jeffrey Barnhill <jeffrey.barnhill@Aspen.gov> Subject: Red Butte Cemetery Dear Mr. Barnhill, I am writing to express my support for the proposal to house a full time caretaker on site at the Red Butte Cemetery. I have been a part time resident all of my life, coming to Aspen every summer as a son of Physicists associated with the Aspen Center for Physics. I have parents buried in the cemetery as well as dozens of family friends. The property deserves to be consistently maintained and accessible to all, and with the current state of housing in the Valley and the associated traffic that employees face commuting from down valley, I feel that this result would best be achieved by the presence of an on site manager. As such, I add my voice to the growing chorus of voices, along with the Red Butte Cemetery Association, in favor of allowing an employee to live on the property. I think that this will have negligible impact on the neighbors and will rather assure that the property is maintained to best effect which will benefit them. Thank you for you time and for considering my input on this matter, Sincerely, Christopher Durand 1 Mike Sear From:Jeffrey Barnhill Sent:Wednesday, April 24, 2024 9:28 AM To:Barb Pitchford; Kara Thompson; jeffreyhalfertydesign@gmail.com; roger; Peter Fornell; riley.warwick@elliman.com; Charlie@hubofaspen.com; Kim Raymond; jodi@surfasconsulting.com; Mike Sear; Kate Johnson; Stuart Hayden; Kirsten Armstrong Subject:FW: Red Butte Cemetery Please see another comment Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 https://www.aspen.gov My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Aliza Durand <alizadurand@yahoo.com> Sent: Tuesday, April 23, 2024 11:59 PM To: Jeffrey Barnhill <jeffrey.barnhill@Aspen.gov>; Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: Fw: Red Butte Cemetery Dear Mr. Barnhill, My husband's email below speaks for the both of us. I am also in support of a full time on site caretaker. Thank you for your time and consideration. Warmest regards, Aliza Durand ----- Forwarded Message ----- From: Chris Durand <chrisdurand@sbcglobal.net> To: jeffrey.barnhill@Aspen.gov <jeffrey.barnhill@aspen.gov> Sent: Tuesday, April 23, 2024, 10:35:34 PM PDT Subject: Red Butte Cemetery Dear Mr. Barnhill, 2 I am writing to express my support for the proposal to house a full time caretaker on site at the Red Butte Cemetery. I have been a part time resident all of my life, coming to Aspen every summer as a son of Physicists associated with the Aspen Center for Physics. I have parents buried in the cemetery as well as dozens of family friends. The property deserves to be consistently maintained and accessible to all, and with the current state of housing in the Valley and the associated traffic that employees face commuting from down valley, I feel that this result would best be achieved by the presence of an on site manager. As such, I add my voice to the growing chorus of voices, along with the Red Butte Cemetery Association, in favor of allowing an employee to live on the property. I think that this will have negligible impact on the neighbors and will rather assure that the property is maintained to best effect which will benefit them. Thank you for you time and for considering my input on this matter, Sincerely, Christopher Durand I To: Aspen Historical Preservation Commission From: Jonathan Nickell RE: Red Butte Cemetery Affordable Housing Proposal Date: April 24th1 2024 Aspen Historical Preservation Commission, First, I would like to thank The Red Butte Cemetery Association (RBCA) ongoing volunteer efforts to maintain a valuable and historic community asset. Their efforts that are greatly appreciated by the neighbors and the community and we are all completely aligned around the need to maintain and protect this valuable community asset. I personally have offered to volunteer to be on the RBCA board to help solve the housing issue and volunteer my time to work to protect and maintain the cemetery, independent of this process. However, I would like to respectfully request that HPC reject the application for an affordable housing unit in the current maintenance facility for the following primary reasons. • The current application ignores previous commitments and agreements made to the HPC and the community to not use the maintenance facility for housing, commitments that were used to achieve approval for the current structure. We need to maintain those commitments while looking for alternatives to meet the needs of the cemetery. • The RBCA has the resources to provide employee housing in the area that would be a better and more sustainable solution for a long-term employee while maintaining the current peaceful environment in the cemetery. • The RBCA has either failed to meet, or deliberately gone against previous commitments to the HPC and the community from the prior approved application for the current maintenance facility. Most importantly, the commitment to not use the facility for housing. • While all the neighbors support the upkeep of the cemetery, the neighbors on the north end of the cemetery who would be most directly impacted, are opposed to an affordable housing unit. Below is a summary table of principal points of the proposal and relevant comments: Justification City of Aspen Comments: and RBCA • Housing needs in Aspen • No one discusses the need for housing, the question is are we going to allow people to live in our parks to solve this problem, setting a dangerous precedent. • No changes needed to • This ignores the fact that maintenance building was only allowed footprint of structure to be built based on the commitment of RBCA board and Stoney Davis that it would not be used for housing (see meeting minutes in exhibit 1). • Lack of resources and • The RBCA has the financial capacity to purchase housing offsite housing options with over $1.1M in cash and assets at the end of 2022 (likely • Need for a long-term higher now, see exhibit 2). employee • When the maintenance facility was first built, the RBCA reduced their reserves to $218K leaving "800K available to invest in housing under the same conditions (see exhibit 3). • The RBCA proposed a 1,425 sqft living facility in their original development plans in 2007 and built the approved 1,300 sqft facility in 2012 for "$308/sgft. The living unit would have cost at least "$570k and consumed all of RBCA's reserves and required them to go into debt. • There are better and more sustainable options for long-term employee housing as close as Woody Creek and Snowmass that the cemetery could afford based on their willingness to invest in housing at these levels. I have included in the exhibits two options of larger and more appropriate living units for an employee for 450k and 779k respectively (see exhibit 4). • Give historic use to the • According to the article the caretaker lived onsite in 1901 site with onsite worker "potentially" lived onsite as "recently" as 1940's. The cemetery has been maintained successfully for the last 80 years without a person onsite. If we look at the totality of the time, it was not a consistent historical use. • Additionally, this was a different time in Aspen when horses were a more traditional mode of transportation and people lived much closer to work. There are also lots of historical uses that are no longer appropriate today like mining, smelters, stables, etc. • The Aspen Democrat article points out that house of the live-in caretaker, the sexton, is the Victorian cabin site, not the proposed site. • Need to maintain • This service is performed by Aspen Tree, not by the caretaker. "woody plants" • Other maintenance is primarily lawn care, there are a wide variety of local companies that are available to perform this service. Additionally, the RBCA has deliberately failed to meet, or deliberately gone against commitments from the original application including: • Commitment to not use the maintenance facility for housing: RBCA is breaking commitments to HPC and the community. They applied to use the facility for housing in March of 2014, prior to even having the occupancy permit for the construction of the maintenance facility. It is also worth noting that by building the facility the way they did ("The maintenance facility was designed and built with two distinct rooms under one roof. These rooms are separated by a wall and door that were designed and built to meet fire and building codes for these two types of occupancy"), and then applying for a minor amendment, they were able to successfully circumvent HPC and the review of previous commitments made for the 2014 permit, including the commitment not to use it for housing. We must consider that this current application is an extension of that strategy, and contrary to the statements made to get approval for the maintenance facility, it has been the plan all along. • Commitment to shield the structure with vegetation: This has not been accomplished more than 10 years after the structure was built. In the minutes from the HPC meeting in December of 2008, John Thorpe stated "our idea is to screen it from the neighbors and cemetery's benefit, however that is best accomplished." (Exhibits 5-8) • Commitment to protect the vegetation in the north meadow: In the RBCA's response to the HPC's concerns in November of 2008, the document states that the new proposal was designed to "preserve as much of the existing sage meadow at the rear of the property as possible. Sage meadows are a rapidly disappearing type of landscape in the upper Roaring Fork Valley" and that it was "an important ecological type that should be maintained". Pictures show that the RBCA has been deliberately mowing under and removing native sage brush vegetation of the north meadow. (Exhibits 942) • Commitment to comply with approved plan: RBCA has installed unpermitted fuel tanks in spoils area that were not included in the original approval documents and were not up to fire code. (Exhibit 13) • Commitment to not use the maintenance facility as a dwelling unit after 2014 permit expired: According to police records, there have been 6 reports of people "sleeper" calls for the cemetery since 2019, clearly violating the agreed upon rules that the RBCA has committed too. Based on the RBCA's previous commitments to the HPC and the community to not use the maintenance facility for housing, viable and better alternatives for long-term employee housing in the valley that the cemetery has resources to pursue and failure of the RBCA to comply with the requirements of the first application, I respectfully request that the HPC reject the application for employee housing. Sincerely, Jonathan Nickell Exhibits: Exhibit 1: rim meeting minutes in 2008 approval HISTO. SER COMMISSIOn MINUTES OF DECEIVZI3ER I0, Z Chairperson, Michael Hoffman called the meeting to order at 5:00 p.in. Commissioners in attendance: Ann Mullins, Jay Maytin, Brian McNellis, Sarah Broughton and Nora Berko. Staff present: Jitn Prue, Special Counsel Amy Guthrie, Historic Preservation Officer Sara Adams, Historic Preservation Planner Kathy Strickland, Chief Deputy City Clerk 11�IOTIQN: Ann moved to approve the minutes of dct. 2Z"`� and Nov.12, .2008, second by Jay. All in favor, motion carried. RED BUTTE CEMETERY — CONCEP�'UAL AND ON -SITE RELOCATION - CONT'D PUBLIC HEARING Nora recused herself. Letter from Howie Malory —Exhibit I L-mail from Philip Altfeld — Exhibit II 2" d letter from Howie Malory — Exhibit III Alan .Richmond, planning consultant for the Red Butte Cemetery. out board members were present and introduced: John Thorp, president Tony Vagneur, Stony Davis, Terry Collins. ASPEN HISTORIC PRESERi�ATION COM11 MINUTES OF DECEMBER 10, 2008 I() John said we have not explored anything with the city except working with the city forester, Alletl Richmond said these are points that could be raised in front of City council and the council would have to weigh in they choose to do so, Michael also said in the letter there is a Concern from the neight�ors that the warm room could be used for some form of housing. John Thorp said that is not our intention. It is not going to be used far housing. Exhibit 2: RBCA Tax Returns Summary and Savings and Investments Balances 2011-2022: Form 99Q (20�1) Balance Sheet Check if Schedule O contains a or note to any line in this Pan 1?f tA? Segmning of year 1 Cash-nan-interest-bearing 2 Savings and temporary cash investments 11111111 3 Pledges and grants receivable, net 4 Accounts receivable, net 5 Loans and other receivables from any current or former officer, director, �ttps:ttprojects,propubl ica.org/nonprofitstorganizationsIS4030048212023312893493015931full 7611 1 C7 Iel End of year 11 2,389 2125l24, 10;06 AM Red Butte Cemetery Association -Full Filing- Nonprofit Explorer - FruPuuiica trustee, key employee, creator or founder, substantial contributor, or 35° � 5 0 controlled entity or family member of any of these persons 6 Loans and other receivables from other di resqualified persons (as defined under j section 4958(f)(1)), and persons described in section 4958(c)(3)(B) . 6 0 r 7 Notes and loans receivable, net 7 0 f. 6 Inventories for sale or use 8 0 .z 9 Prepaid expenses and deferred charges 1153 9 0 10a Land, buildings, and equipment: cost or other basis. Complete Part A of Schedule D 10a 490,649 b Less: accumulated depreciation 10b 207t076 300.905 10c 2830573 11 Investments—pubficly traded securities 11 0 12 Investments —other securities. See Part IV, line 11 7430443 12 988*631 13 Investments —program -related. Se= Part IV, line 11 13 0 14 Intangible assets . a W W 0 a a 0 a 14 0 15 Other assets. See Pan IV, line 11 15 0 16 Total assets. Add lines 1 through 15 (must equal line 33) 10431,604 16 1/3880580 11t Exhibit 3: RBCA Tax Returns Summary and Savings and Investments Balances 2011-2022: Red Butte EOY Balances Savings and Tempory Cash Investments 5avingsand Investments: Increase/decrease Land and buildings cost basis Investment in shed 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 100,471 67,100 87,689 116,371 114,630 189,108 195,370 137,794 146,364 315,630 292,462 84,357 4581273 150,867 195,940 235,728 271,937 275,755 309,011 526,263 573,678 594,562 743,443 988,631 558,744 217,967 283,629 352,099 386,567 464,863 504,381 664,057 720,042 910,192 11035,905 1,072,988 (340,777) 65,662 68,470 34,468 78,296 39,518 1591676 551985 190,150 125,713 37,083 84,030 476,885 476,649 490,649 490,649 490,649 490,649 490,649 490,649 490,649 490,649 490,649 392,855 406,619 Exhibit 4: Housing options 7794000 0 days on, mirket 1 BD 1 BA 689 Sq.Ft. 35 Lower Woodbridge Road, Unit M145, Snowmass Village, CO, 81615 View Details PENDING 1 BD 1 BA 473 Sq.Ft. 304 Waterview Drive, Snowmass, CO, 81654 View Details Exhibit 5: HPC Agenda Packet Public Meeting December 10, 2008: Submitted plans show screening of new building with trees Exhibit 6: City Council Agenda Packet Public Meeting November 9th, 2009 (Second Reading, starts a e 185 : • Submitted plan shows significant screening IL / • r'"u .• Figure 2: Proposed layout of development (spoils cribs are highlighted yellow) Exhibit 7: Final landscape plan from Sarah Shaw: trltork �on� �r�� r jposed for sitniCic.rt naive i ridse a pe improvements. fee Elevatio��s f r views from �st and north. Exhibit 8: RBCA application October 2023Exhibit RBCA application October pale 39 picture39 picture: • Shows areas where significant improvements were committed to but not executed and to the contrary are now being mowed under in a substantial portion. Exhibit 9: oogle Earth picture November 2019 tlied VIP It >` NO tt C — ON u / 1 �.Or It I 46 jt NO � i. ,qt v,r �.�• 1 t ` �•i ;Ot Aiy Np A i _y�i �)it SO 4 f f •• ' !FNt Otte - n er .ate ` ti �\ `_ r s ¢j i 3 rit C '1I r• o � - OAR 16 to r r :� 1 7.IN tIAI 11� i Ij NO ' , i . . r i, Exhibit 10: Google Earth picture November 2023 1 • Large parts of the north meadow that were marked for restoration have been mowed under. This can also be seen in exhibit 5. Additional photos showing mowing violations available. a Exhibit 11: Digging up sage brush f Y ii - - C ��_ ��� yy <� _ � y �_ �_ ��� ��� Exhibit 13: Potentially non permitted fuel tanks not included in original applications: it " LLif S:�I "F - 3.. Tr X_ d 4 w4ar v i aT d4 4 r VP Rom' IF -to L r • j