HomeMy WebLinkAboutagenda.hpc.20250611AGENDA
ASPEN HISTORIC PRESERVATION
COMMISSION
June 11, 2025
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 Committee Assignments
VII.STAFF COMMENTS
VIII.CERTIFICATE OF NO NEGATIVE EFFECT ISSUED
IX.CALL UP REPORTS
X.SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS
XI.SUBSTANTIAL AMENDMENT
XII.OLD BUSINESS
XIII.NEW BUSINESS
XIII.A 435 E. Main St. - Certificate of Appropriateness for Minor Development -
Public Hearing
Project Monitoring Committee Assignments.20250609.pdf
Staff Memo for 435 E. Main St.
Draft Resolution XX, of Series 2025
Exhibit A - Application
Exhibit B - Commercial, Lodging, and Historic District Standards and Guidelines Staff
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XIII.B 304 W. Hallam St. - Minor Development Review - Public Hearing
XIV.ADJOURN
XV.NEXT RESOLUTION NUMBER
Analysis
Staff Memo.304 W Hallam St.20250609.pdf
Draft HPC Resolution #, Series of 2025.pdf
Exhibit A - HP Design Guidelines Analysis.LPA-25-042.304 W Hallam St.pdf
Exhibit B - Application.LPA-25-042.304 W Hallam St.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.
Updated: March 7, 2024
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HPC PROJECT MONITORING COMMITTEE ASSIGNMENTS & STATUS AS OF 6/9/2025
6/9/2025
Kara
Thompson
Lift 1 corridor ski lift Building Permit Under Review
201 E. Main Temporary Certificate of Occupancy Issued
333 W. Bleeker Change Order Issued
Skier’s Chalet Steakhouse Building Permit Under Review
720 E. Hyman Change Order Under Review
304 E. Hopkins Change Order Under Review
312 W. Hyman Building Permit Issued
520 E. Cooper Building Permit Issued
1020 E. Cooper Building Permit Under Review
110 W. Main, Hotel Aspen Changer Order Issued
Roger
Moyer
227 E. Main Change Order Issued
135 E. Cooper Change Order Under Review
Skier’s Chalet Lodge Building Permit Under Review
202 E. Main Building Permit Under Review
611 W. Main Building Permit Under Review
132 W. Hopkins Building Permit Issued
500/510 E. Durant Temporary Certificate of Occupancy Issued Changed
211 W. Main Temporary Certificate of Occupancy Issued
128 E. Main Building Permit Issued
Jodi Surfas
202 E. Main Building Permit Under Review
611 W. Main Building Permit Under Review
602 E. Hyman Building Permit Issued
820 E. Cooper Building Permit Under Review
227 E. Bleeker Temporary Certificate of Occupancy Issued Changed
Barb
Pitchford
121 W. Bleeker Building Permit Under Review
312 W. Hyman Building Permit Issued
132 W. Hopkins Building Permit Issued
214 W. Bleeker Building Permit Under Review
630 W. Main Building Permit Under Review
420 W. Francis Changer Order Under Review
135 W. Francis Land Use Approved
215 E. Hallam Land Use Approved
Kim
Raymond
630 W. Main Building Permit Under Review
205 W. Main Land Use Approved
216 W. Hyman Building Permit Issued
335 Lake Ave. Building Permit Under Review
434 E. Cooper, Bidwell Change Order Under Review
414-420 E. Cooper, Red Onion/JAS Building Permit Issued
300 E. Hyman Ave. Change Order Under Review
233 W. Bleeker Building Permit Issued
Dakota
Severe
434 E. Cooper (Bidwell) Change Order Under Review
214 W. Bleeker Building Permit Under Review
300 E. Hyman Ave. Change Order Under Review
414-420 E. Cooper, Red Onion/JAS Building Permit Issued
Unassigned 400 E. Cooper Change Order Under Review Changed
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427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov
Memorandum
TO: Aspen Historic Preservation Commission
FROM: Gillian White, Historic Preservation Officer
THROUGH: Dan Folke, Planning Director
MEETING DATE: June 11, 2025
RE: 435 E. Main St. – Certificate of Appropriateness for Minor Development,
PUBLIC HEARING
Property Owner:
ALH Holding LLC
Representative:
Katie Kiernan, Kiernan Inc
DBA 212 Gallery LLC
Address:
435 E. Main St.
Locals Corner Gas Station
Legal Description:
CITY AND TOWNSITE OF
ASPEN Block: 87 Lot: E
AND:- Lot: Thru I
Parcel Identification
Number:
273707330005
Current Zoning:
Commercial Core
Commercial Core Historic
District
Current & Proposed Use:
Commercial
Summary: The applicant requests a Certificate of
Appropriateness for Minor Development at 435 E. Main St. to
install a large mural on the curved brick façade fronting Galena
St.
Staff Recommendation: As the mural is proposed to be
applied to historic, unpainted brick on a façade in a prominent
location within the Commercial Core Historic District, staff is
unable to recommend an approval for a Certificate of
Appropriateness for Minor Development.
Fig. 1: 435 E. Main St. – Site with mural location highlighted in red
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Page 2 of 5
427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov
BACKGROUND:
The property at 435 E. Main St. is a 15,000-square-foot parcel in the Commercial Core zone
district and is located within the Commercial Core Historic District. The building was constructed
in 1970 and although not currently historically designated, it is eligible for AspenModern
designation.
REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC)
• Certificate of Appropriateness for a Minor Development (Section 26.415.070(c)): for
“alterations to a building façade, windows, doors, roof planes or material, exterior wall
materials, dormer porch, exterior staircase, balcony or ornamental trim when three (3) or
fewer elements are affected and the work does not qualify for a certificate of no negative
effect.”
The HPC is the final review authority of this request.
PROJECT SUMMARY
435 E. Main St. is a non-designated structure located in the Commercial Core Historic District.
The building is owned by ALH Holding LLC, who gave permission to the applicant Kiernan Inc
DBA 212 Gallery LLC to submit this proposal. The applicant has requested a Minor Certificate of
Fig. 2: 435 E. Main St. brick façade where mural is proposed
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Page 3 of 5
427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov
Appropriateness to allow for a mural to be painted on the brick façade facing Galena Street. There
are multiple commercial tenants in this building, but the area of impact from this scope of work is
the brick façade facing Galena St.
STAFF COMMENTS:
As a non-designated building in the historic district, only the Commercial, Lodging, and Historic
District Design Standards and Guidelines will apply, specifically Guidelines 1.23, 1.24, and 2.14.
The proposal for a mural on the Galena St. facing façade of 435 E. Main St. has come before the
HPC to be reviewed for materiality and location. The applicant has confirmed that the mural is not
commercial in nature and will not include any branding, however, the content of the mural itself is
not up for review. As a non-designated building in the Commercial Core Historic District, the
building is not subject to Aspen’s Historic Preservation Design Guidelines, however, it is important
to note that this building is eligible for AspenModern designation.
The mural is proposed to be approximately 43’ wide by 18’ 6” high, as seen in the provided image
below.
Fig. 3: Images provided by the applicant showing the area of the proposed mural.
MATERIALITY & LOCATION:
The existing substrate material is exposed brick with no apparent surface finish. The applicant
proposes to prepare the surface by applying a clear coat/sealant to the brick, then proceed with
painting the mural on top, similar to a mural that was painted at 520 E. Durant St. which still exists
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Page 4 of 5
427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov
today; the applicant for this proposal was also the applicant for the 520 E. Durant St. mural that
came before the HPC in 2018. The applicant has stated that the mural is completely removeable,
with no lasting damage to the brick, however, staff is unable to confirm this without testing
the proposed materials and application of these materials. Given that the mural at 520 E.
Durant St. is still in good condition, it appears that the proposed material application does partially
satisfy Standard 1.23 and Guideline 1.24 for proven durability, however, the proposed location
on Galena St. is an older brick and may react differently to certain material applications. Standard
1.23 also calls for proposed materials to convey the quality and range of materials found in the
current block context, staff finds this portion of the Standard not met. While the content of the
mural is not up for discussion, staff also notes that Standard 1.23 calls for materials to have a
neutral color, with some variation allowed for secondary materials. As the example images for the
mural have vibrant colors and the applicant states the mural will “brighten up” the façade, staff
find this part of the Standard not met. Additionally, per Guideline 2.14 “Architectural details
should reinforce historic context”, specifically listing related qualities such as color and finish
traditionally found downtown and traditional materials such as unpainted brick. As the applicant
is proposing painting the brick, staff find this Guideline not met. While staff finds the request
does not fully comply with applicable standards and guidelines, it seems reasonable to
conclude the Commercial, Lodging, and Historic District Design Standards and Guidelines
do not consider allowing murals.
As the parcel is in a prominent location, the proposed mural location is visible to those travelling
in both directions along Galena Street and those traveling west on Main Street. Unpainted brick
is a preferred exterior finish in the Commercial Core Historic District, especially when proposed in
a prominent location. Given that the proposed location is prominent, painted brick is not a
recommended treatment for the building. Painted designs, including art and historic
advertisements, are present on some secondary brick facades within the district, however there
are no existing non-historic murals on prominent façades within the district.
It is important to note that the applicant’s previous mural request that came before the HPC differs
from this application in the following ways:
• This proposed location is in a prominent location
o 520 E. Durant mural was proposed on an alley façade, in a non-prominent location
• This building is eligible for AspenModern Designation
o 520 E. Durant is not an historic building and is not eligible for designation
• The brick on the 520 E. Durant building is modern brick
RECOMMENDATION:
As the mural is proposed to be applied to historic, unpainted brick on a façade in a prominent
location within the district, staff is unable to recommend an approval for a Certificate of
Appropriateness for Minor Development. Should the HPC choose to approve this request, staff
recommend the following conditions as noted in the draft resolution:
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Page 5 of 5
427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov
1. The applicant shall provide a testing location where the proposed clear coat and paint
is to be applied, with a demonstration to staff and HPC monitor as to its removability.
Should the applied paint not be easily removable without damage to the brick, the mural
work will not proceed, and any related approval(s) will be voided.
2. The mural shall be maintained to prevent appearances of neglect, such as peeling
paint, until it is removed by the owner.
ATTACHMENTS:
Draft Resolution # __, Series of 2025
Exhibit A – Application
Exhibit B – Commercial, Lodging, and Historic District Standards and Guidelines Staff Analysis
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HPC Resolution XX, Series of 2025
Page 1 of 3
RESOLUTION #XX
(SERIES OF 2025)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING WITH CONDITIONS A CERTIFICATE OF APPROPRIATENESS FOR
MINOR DEVELOPMENT FOR THE PROPERTY LOCATED AT 435 E MAIN
STREET, LEGALLY DESCRIBED AS BLOCK 87, LOT E THRU I, CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-30-005
WHEREAS, the applicant, Kiernan Inc DBA 212 Gallery LLC, has requested a Certificate of
Appropriateness for Minor Development from the Historic Preservation Commission for the
proposed installation of a mural at property located at 435 E. Main St., commonly known as the
Locals Corner gas station, and legally described as Block 87, Lot E Thru I; City and Townsite of
Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall
be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated
historic property or district until plans or sufficient information have been submitted to the
Community Development Director and approved in accordance with the procedures established
for their review;”; and
WHEREAS, for approval of a Certificate of Appropriateness for Minor Development, 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(d) 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 applicable review standards and, found it inconsistent with the City of Aspen Commercial,
Lodging, and Historic District Standards and Guidelines Guidelines 1.24 and 2.14 and Standard
1.23, and therefore could not recommend an approval; and
WHEREAS, at a duly noticed public meeting on June 11, 2025, the HPC considered the
application, the staff memo, and public comment, and voted X to X in support of a motion to
approve the application with conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN HISTORIC
PRESERVATION COMMISSION THAT:
Section 1: Approval:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Historic Preservation Commission hereby grants the a Certificate of Appropriateness for Minor
Development to install a mural approximately 43 feet wide by 18 feet 6 inches high at property
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HPC Resolution XX, Series of 2025
Page 2 of 3
located at 435 E. Main St., and legally described as Block 87, Lot E Thru I; City and Townsite of
Aspen, Colorado, with the following conditions:
1. The applicant shall provide a testing location where the proposed clear coat and paint is to
be applied, with a demonstration to staff and HPC monitor as to its removability. Should
the applied paint not be easily removable without damage to the brick, the mural work will
not proceed, and any related approval(s) will be voided.
2. The mural shall be maintained to prevent appearances of neglect, such as peeling paint,
until it is removed by the owner.
Section 2: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department, the Historic Preservation Commission, or the
Aspen City Council are hereby incorporated in such plan development approvals and the same
shall be complied with as if fully set forth herein, unless amended by other specific conditions or
an authorized authority.
Section 3: Existing Litigation
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan vested
for a period of three (3) years from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the forfeiture of said vested
property rights and shall render the development order void within the meaning of Section
26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan
shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published
in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a
notice advising the general public of the approval of a site specific development plan and creation
of a vested property right pursuant to this Title. Such notice shall be substantially in the following
form:
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HPC Resolution XX, Series of 2025
Page 3 of 3
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: 435 E. Main 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 11th day of June, 2025.
Approved as to Form: Approved as to Content:
________________________________ ________________________________
Luisa Berne, Assistant City Attorney Kara Thompson, Chair
ATTEST:
________________________________
Mike Sear, Deputy City Clerk
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City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020
Attached is a Development Application for properties listed on the “Aspen Inventory of Historic Sites
and Structures” or properties within Aspen’s Historic Districts. Included in this package are the
following attachments:
1. Development Application Fee Policy, Fee Schedule, and Agreement for Payment Form
2. Land Use Application Form
3. Submittal Requirements
4. Summary of the Application Process
5. Matrix of Land Use Application Requirements/ Submittal Requirements Key
6. Public Hearing Notice Requirements
7. Affidavit of Notice
All applications are reviewed based on the criteria established in the Aspen Municipal Code and
“The City of Aspen Historic Preservation Design Guidelines,” both are available on the web at
https://library.municode.com/co/aspen/codes/municipal_code under “Title 26” and
www.cityofaspen.com, respectively.
A CERTIFICATE OF NO NEGATIVE EFFECT may be issued for minor work that does
not materially change the historic character of the property or district, and the proposed
work is clearly within the adopted design guidelines.
A CERTIFICATE OF APPROPRIATENESS must be applied for if the proposed work will
make a material changes that alter, diminish, eliminate or effect the historic or architectural
character of the property or district in any way.
We strongly encourage all applicants to hold a pre-application conference with a Planner in the
Community Development Department so that any questions regarding the requirements for
submitting a complete application, and the review process, can be addressed.
A Preliminary consultation with the Zoning Officer and Building Department is also required
in order to determine code compliance and to avoid changes to projects after the review
process.
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City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 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 which normally take a minimal and
predictable amount of staff time to process. Review fees for other City Departments reviewing the application
(referral departments) will also be collected when necessary. Flat fees are cumulative – meaning an application
with multiple flat fees must be pay the sum of those flat fee. 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 may also charge their time spent
on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community
Development 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.
The Community Development Department shall keep an accurate record of the actual time required for the
processing of 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 be again 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, and unpaid invoice of 90 days 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.
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City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020
City Use:
Fees Due: $ Received $
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Property Phone No.:
Owner (“I”): Email:
Address of Billing
Property: Address:
(Subject of (send bills here)
application)
I understand that the City has adopted, via Ordinance No., Series of 2011, 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 that 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 mailed 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 no-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 and 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 the processing of 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: Property Owner:
Phillip Supino, AICP
Community Development Director
Name:
Title:
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City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020
ATTACHMENT 2 - Historic Preservation Land Use Application
PROJECT:
APPLICANT:
Name:
Address:
Phone #: Fax#: E-mail:
REPRESENTATIVE:
Name:
Address:
Phone #: Fax#: E-mail:
TYPE OF APPLICATION: (please check all that apply):
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Name:
Location:
(Indicate street address, lot & block number or metes and bounds description of property)
Parcel ID # (REQUIRED)
Historic Designation
Certificate of No Negative Effect
Certificate of Appropriateness
Minor Historic Development
Major Historic Development
Conceptual Historic Development
Final Historic Development
Relocation (temporary, on or off-site)
Demolition (total demolition)
Substantial Amendment
Historic Landmark Lot Split
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City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020
General Information
Please check the appropriate boxes below and submit this page along with your application. This information will
help us review your plans and, if necessary, coordinate with other agencies that may be involved.
YES NO
Does the work you are planning include exterior work; including additions, demolitions, new
construction, remodeling, rehabilitation or restoration?
Does the work you are planning include interior work, including remodeling, rehabilitation,
or restoration?
Do you plan other future changes or improvements that could be reviewed at this time?
In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative
Effect and a building permit, are you seeking to meet the Secretary of the Interior’s
Standards for Rehabilitation or restoration of a National Register of Historic Places
Property in order to qualify for state or federal tax credits?
If yes, are you seeking federal rehabilitation investment tax credits in Conjunction with this
project? (Only income producing properties listed on the National Register are eligible.
Owner-occupied residential properties are not.)
If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
Rehabilitation Loan Fund Dimensional Variances Tax Credits
Increased Density Conservation Easement Program Waiver of Park Dedication Fees
Conditional Uses Historic Landmark Lot Split
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City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020
ATTACHMENT 3 - Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
Project:
Applicant:
Project
Location:
Zone District:
Lot Size:
Lot Area:
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the
high-water mark, easements, and steep slopes. Please refer to the definition of Lot Area in
the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: Proposed: _______________________________
Proposed % of demolition: ____________________________________%
DIMENSIONS: (write N/A where no requirement exists in the zone district)
Floor Area:
Height
Existing: Allowable: Proposed:
Principal Bldg.: Existing: Allowable: Proposed:
Accessory Bldg.: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined Front/Rear:
Indicate N, S, E, W
Existing: Required: Proposed: _______________
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Distance between buildings Existing: Required: Proposed:
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
Variations requested (identify the exact variances needed):
19
City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020
Matrix of the City of Aspen’s Historic Preservation Land Use Application Requirements
To review full procedures for all applications, reference 26.415 of the City of Aspen building code, Historic Preservation
Ordinance. When submitting multiple step applications, do not replicate submission materials. Two copies of the application
are required for a Certificate of No Negative Effect, 15 copies are required for each meeting. Also note that an electronic
version of all text documents is required.
Type of Review
Application
Requirements
Fees
Deposit Fee
Notice Requirements
Designation
1-9, 11,12
$0
Publication, Posting and Mailing
Pursuant to Sections: 26.304.060 (E)
(3) (a) (b) (c.) at HPC and Council
Exempt Development
Consult with Historic
Preservation Officer to
confirm exempt status
$0
None
Certificate of No Negative
Effect
1-9, 15, 17
$245
None
Minor Development
1-10, 15, 16, 17, 36 $735
Posting Pursuant to Sections:
26.304.060 (E) (3) (b)
Major
Development/Conceptual
1-10, 14, 17, 18, 19, 20
Development
under 1,000 sf, $1,470
Development
over 1,000 sf, $2,940
Publication, Posting and Mailing
Pursuant to Sections: 26.304.060 (E)
(3) (a) (b) (c.)
Major Development/Final
1-10, 16, 21, 22, 36
Paid at time of conceptual
Publication, Posting and Mailing
Pursuant to Sections: 26.304.060 (E)
(3) (a) (b) (c.)
Substantial Amendment
1-10, 16, 23, 24, 25, 36
$735
Publication, Posting and Mailing
Pursuant to Sections: 26.304.060 (E)
(3) (a) (b) (c.)
Demolition
1-9, 26
$2,940
Publication, Posting and Mailing
Pursuant to Sections: 26.304.060 (E)
(3) (a) (b) (c.)
Relocation
1-9, 27-34
$2,940
Publication, Posting and Mailing
Pursuant to Sections: 26.304.060 (E)
(3) (a) (b) (c.)
Historic Landmark Lot Split
1-10
$1,470
Publication, Posting and Mailing
Pursuant to Sections: 26.304.060 (E)
(3) (a) (b) (c.) at HPC and Council
Rescinding Designation
1-9, 35
$1,470
Publication, Posting and Mailing
Pursuant to Sections: 26.304.060 (E)
(3) (a) (b) (c.) at HPC and Council
20
City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020
KEY
1. Contained within a letter signed by
the applicant, the applicant's name,
address and telephone number, and
the name, address, and telephone
number of any representative
authorized to act on behalf of the
applicant.
2. The street address, legal
description, and parcel
identification number of the
property proposed for
development.
3. A disclosure of ownership of the
parcel proposed for development,
consisting of a current certificate
from a Title insurance company, 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.
4. An 8 1/2" x 11" vicinity map
locating the subject parcel within
the City of Aspen.
5. A site plan depicting the proposed
layout and the project’s physical
relationship to the land and its
surroundings.
6. A site improvement survey
certified by a registered land
surveyor, licensed in the State of
Colorado, showing the current
status of the parcel including the
current topography and vegetation.
(This requirement, or any part
thereof, may be waived by the
Community Development Director
if the project is determined not to
warrant a survey document.)
7. A written description of the
proposal and a written explanation
of how the proposed development
complies with the review criteria
and The City of Aspen Historic
Preservation Design Guidelines
relevant to the development
application.
8. Additional materials,
documentation, or reports as
deemed necessary by the
Community Development Director.
9. Completed Land Use Application
Form, Signed Fee Agreement,
and Fee.
10. Dimensional Requirement Form.
Site or historic district boundary map.
11. Property or district description including
narrative text, photographs and/or other
graphic materials that document its
physical characteristics.
12. Identification of the character-defining
features that distinguish the entity which
should be preserved.
13. Verification that the proposal complies
with Section 26.410, Residential Design
Standards, or a written request for a
variance from any standard that is not
being met.
14. Photographs, building material samples
and other exhibits, as needed, to accurately
depict location, extent and design of the
proposed work.
15. An accurate representation of all major
building materials and finishes to be used
in the development, depicted through
samples or photographs.
16. Scaled elevations and/or drawings of the
proposed work and its relationship to the
designated historic buildings, structures,
sites and features in its context.
17. Scaled drawings of the proposed
structure(s) or addition(s) depicting their
form, including their height, massing, scale,
proportions and roof plan; and the primary
features of all elevations in the
neighborhood context.
18. Supplemental materials to provide a visual
description of the context surrounding the
designated historic property or historic
district including at least one (1) of the
following: diagrams, maps, photographs, 3- D
model (digital or physical) or streetscape
elevations.
19. Preliminary selection of primary building
materials to be used in construction
represented by samples and/or
photographs.
20. A statement, including narrative text or
graphics, indicating how the Final
Development Plan conforms to
representations made or stipulations placed
as a condition of the approval of the
Conceptual Development Plan.
21. Final drawings of all proposed structures(s)
and/or addition(s) included as part of the
development at ¼” = 1.0’ scale
22. A revised site plan
23. Revised scaled elevations and drawings
24. Photographs and other exhibits to
illustrate the proposed changes.
25. Written documentation that the Chief
Building Official has determined the
building an imminent hazard, or narrative
26. text, graphic illustrations or other exhibits
that provide evidence that the building,
structure or object is of no historic or
architectural value or importance.
27. A written description and/or graphic
illustrations of the building, structure or
object proposed for relocation.
28. A written explanation of the type of
relocation requested (temporary, on-site
or off-site) and justification for the need
for relocation.
29. A written report from a licensed engineer
or architect regarding the soundness of
the building, structure or object, its ability
to withstand the physical move and its
rehabilitation needs, once relocated.
30. A conceptual plan for the receiving site
providing preliminary information on the
property boundaries, existing
improvements and site characteristics and
the associated planned improvements.
31. Evidence of the financial ability to
undertake the safe relocation,
preservation and repair of the building,
structure or object; site preparation and
construction of necessary infrastructure
through the posting of bonds or other
financial measures deemed appropriate.
32. Supplementary materials to provide an
understanding of the larger context for the
relocated property and its impact on
adjacent properties, the neighborhood or
streetscape.
33. If the applicant does not own the receiving
site, proof from the site’s property owner
of the willingness to accept the relocated
building, structure or object.
34. Evidence that the applicant has or is
seeking the necessary approvals to place
the building on the identified receiving site.
If the site is outside of the city limits,
verification that the building will be
preserved on its new site through a formal
action of the other jurisdiction or a
preservation easement.
35. A written description of how the property
does not meet these criteria for
designation.
36. A lighting plan indicating the location of all
exterior light fixtures and site lighting, and
cut sheets for each type of fixture
proposed. Light fixtures must comply with
the "City of Aspen Historic Preservation
Design Guidelines" and meet the City
Lighting Code.
21
22
Project name: Shepard Fairey Mural
Project Address: 435 E. Main St – the Locals Corner Gas Station
Legal Address: City and Townsite of Aspen, Block: 87 Lot E and: Lot: Thru I
Parcel #: 273707330005
Applicant: Katie Kiernan and 212 Gallery LLC
PROJECT DESCRIPTION:
The proposed project involves painting a mural on the east facing wall of the Local’s Corner
Gas Station at 435 E. Main St.
23
The wall in question is a curved brick wall facing the Galena St. side of the building.
World famous street artist Shepard Fairey plans on painting a family friendly mural that
would transform an otherwise drab brick wall into a stunning work of art for the community,
bringing color, life, an uplifting composition, and adding life-affirming value to the building
and brightening the day of all who pass by.
This graphic is designed to demonstrate the overall
look of the brick wall being painted, and the exact
mural graphic will be determined by the artist
24
MURAL MATERIALS:
The materials being planned for the project are non-reflective, and not shiny or Glossy, and
are designed for long -term weather protection in Aspen’s sever climate (Commercial
design Standards 1.23). They include:
• Clear Coat:
• Benjamin Moore Clear Sealer #06600-1 Masonry Conditioner
• Applied to the entire brick surface before painting.
• Adhesive for Installation:
• 3M Super 77 Spray Adhesive (10 cans)
• Allows secure application without damaging the brick.
• Material Benefits:
• Designed for long-term protection and complete reversibility.
CRITERIA:
The project will meet Commercial Design intent 1.24:
• By introducing an innovative Building Design
• Creating a piece of art that will positively Contribute to the streetscape
• Demonstrate both durable and environmentally sustainable building practices by
using painting materials that are both durable and reversable.
Furthermore, the project proposes using painting materials and techniques that meet
Historical Preservation Design Guideline 2.5:
• The paint will be applied over a layer of masonry sealant which will keep moisture
from penetrating between the paint and the brick. The sealant will keep the brick
substrate from deteriorating.
CHARACTER DEFINING FEATURES:
• The building where the project is planned for is a modernist design with smooth
brick surfaces and rounded corners and is set back from the streets allowing for
unobstructed flow and sight lines. The proposed mural will not detract from any of
those qualities, and the east facing pedestrian amenity space shall remain as is.
LIGHTING:
The current lighting shall not be changed.
25
26
27
28
29
30
31
Criteria responses for the proposed mural at 435 E. Main St
Commercial Design Guidelines:
1.23 Building materials shall have these features:
• Convey the quality and range of materials found in the current block context or
seen historically in the character area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-refiective. Shiny or glassy materials are not appropriate as a primary
material.
• Have proven durability and weathering characteristics within Aspen’s climate.
• A material with an integral color shall be a neutral color. Some variation is
allowed for secondary materials.
The proposed mural at 435 e. Main shall be applied in a fashion that shall protect the
current brick façade, by using a synthetic sealer under the paint. This sealer is removable
without damaging the brick if the owner wishes to do so in the future. The mural will
certainly add visual interest to a non-primary façade (East facing) of the Corner Store gas
station. This façade is currently an underutilized aspect of the building with no windows or
doors. The materials being used are neither shiny, nor reflective. The material choices have
a proven track record in Aspen’s environment. The artist previously created a mural on the
brick work in the alley behind 520 E Durant. The painting system used in that location is the
same being used in the proposed project and has held up well for over 7 years.
1.24 Introducing a new material, material application, or material flnish to the existing
streetscape may be approved by HPC or P&Z if the following criteria are met:
• Innovative building designs – N/A
• Creative material application that positively contributes to the streetscape.
• Environmentally sustainable building practice.
• Proven durability
The proposed mural meets the criteria for 1.24 as it is a creative application of materials
that will positively contribute to an under-utilized façade of a building. The project
proposes using an environmentally sustainable building practice, by using a sealer under
the paint. This process shall create a durable but also removable substrate that the paint
shall be applied over, and the same process has been proven durable from previous
applications.
32
2.14 Architectural details should reinforce historic context and meet at least two of
the following qualities.
• Color or flnish traditionally found downtown.
• Texture to create visual interest, especially for larger buildings.
• Traditional material: Brick, stone, metal and wood.
• Traditional application: for example, a running bond for masonry.
Throughout Aspen’s history, there have been murals on brick buildings in the downtown
core. Some were created as advertisements, and some were created simply to enliven a
non-descript building façade. The Shepard mural project is in the later camp – it is a way to
brighten up and bring visual interest to a non-primary façade of a large building.
33
PRE-APPLICATION CONFERENCE SUMMARY
PRE-25-063
DATE: May 1, 2025
PLANNER: Gillian White, Historic Preservation Officer
REPRESENTATIVE: Katie Kiernan, Kiernan Inc DBA 212 Gallery LLC
PROJECT LOCATION: Locals Corner Gas Station, 435 E. Main St.
PARCEL ID: 2737-073-30-005
REQUEST: Certificate of Appropriateness for Minor Development
DESCRIPTION: 435 E. Main St., also known as the Locals Corner gas station, is a non-historic
structure located in the Commercial Core Historic District. Kiernan Inc DBA 212 Gallery LLC has
obtained a written agreement from the owner of 435 E. Main St. for the artist Shepard Fairey to
paint a mural using household exterior paints on the existing brick wall that faces Galena Street.
This scope of work will require review by the Historic Preservation Commission (HPC) through a
request for a Certificate of Appropriateness for Minor Development. The planned installation
date for the mural is July 2025.
HPC must find that the relevant review criteria in Section 26.415 of the Municipal Code and the
Commercial, Lodging and Historic District Standards and Guidelines are met for the work to
proceed. In particular, review Standard 1.23 and Guidelines 1.24 and 2.14.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.415.070(c) Historic Preservation – Minor COA
HELPFUL LINKS:
• Land Use Application (PDF)
• Land Use Code (PDF)
• Commercial, Lodging, and Historic District Design Standards (PDF)
REVIEW BY:
• Staff for completeness and recommendation
• HPC for review and decision
REQUIRED LAND USE REVIEW(S):
• (list the necessary processes in bullet point format)
PUBLIC HEARING: Yes, at HPC
34
PLANNING FEES: $1,300 for four hours of staff time. Additional/ lesser deposit hours will be
billed/ refunded at a rate of $325 per hour.
REFERRAL FEES: None.
TOTAL DEPOSIT: $1,300
APPLICATION CHECKLIST: Below is a list of submittal requirements for this review.
Please email the entire application as one pdf to cdehadmins@aspen.gov. Include PRE-
25-063 in the subject line. If more than 18 months has lapsed since this letter was issued,
please reach out to planneroftheday@gmail.com.
Completed Land Use Application, signed Fee Agreement, and signed HOA Compliance
form
Pre-application Conference Summary (this document).
Contained within a letter signed by the applicant, the applicant's name, address and
telephone number and the name, address and telephone number of any representative
authorized to act on behalf of the applicant.
The street address, legal description and parcel identification number of the property
proposed for development.
A disclosure of ownership of the parcel proposed for development, consisting of a current
(no older than 6 months) certificate from a title insurance company or attorney licensed to
practice in the state, 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.
An eight and one-half (8½) inches by eleven (11) inches vicinity map locating the subject
parcel within the City of Aspen.
Proposed and existing site plans depicting the proposed layout and the project's physical
relationship to the land and its surroundings.
A written description of the proposal and a written explanation of how the proposed
development complies with the review standards relevant to the development application.
Depending on further review of the case, additional items may be requested of the
application. Once the application is deemed complete by staff, the applicant/applicant’s
representative will receive an e-mail requesting submission of the deposit. Once the
deposit is received, the case will be assigned to a planner and the land use review will
begin.
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.
35
Page 1 of 2
Exhibit B
Commercial, Lodging, and Historic District Design Standards and Guidelines Criteria
Staff Findings
26.415.070(c) – Certificate of Appropriateness for Minor Development
Relevant Commercial, Lodging and Historic District Design Standards & Guidelines
with Findings
The applicant requests a Certificate of Appropriateness for Minor Development at 435 E. Main
St. for the purposes of installing a mural onto unpainted brick.
Chapter 1: General Finding
1.23 Building materials shall have these features:
• Convey the quality and range of materials found in the current block
context or seen historically in the Character Area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-reflective. Shiny or glossy materials are not appropriate as a
primary material.
• Have proven durability and weathering characteristics within Aspen’s
climate.
• A material with an integral color shall be a neutral color. Some variation is
allowed for secondary materials.
MET/NOT
MET
1.24 Introducing a new material, material application, or material finish to
the existing streetscape may be approved by HPC or P&Z if the
following criteria are met:
• Innovative building design.
• Creative material application that positively contributes to the streetscape.
• Environmentally sustainable building practice.
• Proven durability.
MET/NOT
MET
Chapter 2: Commercial Core Historic District Finding
2.14 Architectural details should reinforce historic context and meet at least
two of the following qualities.
• Color or finish traditionally found downtown.
• Texture to create visual interest, especially for
• Traditional material: Brick, stone, metal and wood.
• Traditional application: for example, a running bond for masonry.
NOT MET
36
Page 2 of 2
Staff Findings:
The existing substrate material is exposed brick with no apparent surface finish. The applicant
proposes to prepare the surface by applying a clear coat/sealant to the brick, then proceed with
painting the mural on top, similar to a mural that was painted at 520 E. Durant St. which still
exists today; the applicant for this proposal was also the applicant for the 520 E. Durant St. mural
that came before the HPC in 2018. The applicant has stated that the mural is completely
removeable, with no lasting damage to the brick, however, staff is unable to confirm this
without testing the proposed materials and application of these materials. Given that the
mural at 520 E. Durant St. is still in good condition, it appears that the proposed material
application does partially satisfy Standard 1.23 and Guideline 1.24 for proven durability,
however, the proposed location on Galena St. is an older brick and may react differently to
certain material applications. Standard 1.23 also calls for proposed materials to convey the
quality and range of materials found in the current block context, staff finds this portion of the
Standard not met. While the content of the mural is not up for discussion, staff also notes that
Standard 1.23 calls for materials to have a neutral color, with some variation allowed for
secondary materials. As the example images for the mural have vibrant colors and the applicant
states the mural will “brighten up” the façade, staff find this part of the Standard not met.
Additionally, per Guideline 2.14 “Architectural details should reinforce historic context”,
specifically listing related qualities such as color and finish traditionally found downtown and
traditional materials such as unpainted brick. As the applicant is proposing painting the brick,
staff find this Guideline not met.
Staff Recommendation:
As the mural is proposed to be applied to historic, unpainted brick on a façade in a prominent
location within the district, staff is unable to recommend an approval for a Certificate of
Appropriateness for Minor Development. Should the HPC choose to approve this request, staff
recommend the following conditions as noted in the draft resolution:
1. The applicant shall provide a testing location where the proposed clear coat and paint
is to be applied, with a demonstration to staff and HPC monitor as to its removability.
Should the applied paint not be easily removable without damage to the brick, the
mural work will not proceed, and any related approval(s) will be voided.
2. The mural shall be maintained to prevent appearances of neglect, such as peeling
paint, until it is removed by the owner.
37
Page 1 of 4
427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov
Memorandum
TO: Aspen Historic Preservation Commission
FROM: Stuart Hayden, Planner II, Historic Preservation
THROUGH: Gillian White, Principal Planner, Historic Preservation
MEETING DATE: June 11, 2025
RE: 304 W. Hallam St. – Minor Development, PUBLIC HEARING
Applicant/Owner:
Isabel Melvin, 304 W. Hallam
St., Aspen, CO 81611
Representative:
Steve Clisset, Clisset, LLC
Address:
304 W. Hallam St.
Legal Description:
Lot P, Uhl Historic Landmark
Lot Split Subdivision
Exemption, according to the
Plat thereof recorded in Pitkin
County Plat Book 63 at Page
72, Pitkin County, Colorado.
Parcel Identification
Number:
2735-124-00-222
Current Zoning:
R-6 - Medium-Density
Residential
Current & Proposed Use:
Residential
Summary: The applicant requests a Certificate of
Appropriateness for Minor Development at 304 W. Hallam St.
to install two colors of diamond-shaped metal shingles atop the
non-historic rear addition.
Staff Recommendation: Staff recommends denial of the
application for a Certificate of Appropriateness for Minor
Development.
Fig. 1: 304 W. Hallam St. – Site Location Aerial Image with Property Line
38
Page 2 of 4
427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov
BACKGROUND:
The property at 304 W. Hallam St. is a
3,000-square-foot parcel in the R-6 (Medium-
Density Residential) zone district. The historic
resource at 304 W. Hallam St. is an
AspenModern Pan Abode kit building ordered
and constructed by Gretl Uhl in 1966. The lot
was split from Lots O and N as part of Ordinance
#36, Series of 2002, the same legislation that
added 304 W. Hallam St. to the Aspen Inventory
of Historic Landmark Sites and Structures.
HPC Resolution #17, Series of 2003,
approved a major development, relocation,
setback variances, and parking reductions at
304 W. Hallam St., including the construction of
an 826-square-foot, one-story, rear addition with
cedar-shingle-clad, 10:12-pitch, front-gable roof
(Fig. 3).
REQUESTS OF HISTORIC PRESERVATION COMMISSION (HPC)
• Certificate of Appropriateness for a Minor Development (Section 26.415.070(c)): for
“alterations to a building façade, windows, doors, roof planes or material, exterior wall
materials, dormer porch, exterior staircase, balcony or ornamental trim when three (3) or
fewer elements are affected and the work does not qualify for a certificate of no negative
effect.”
The HPC is the final review authority of this request.
Fig. 3: West Elevation as Proposed to HPC July 9, 2003 (Derek Skalko, 1 Friday Design Collaborative, Inc.)
Fig. 2: 304 W. Hallam St., 1997 (AHS, 1997.074.0011)
39
Page 3 of 4
427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov
PROJECT SUMMARY
The applicant proposes to install 1-7/16-inch-wide, 12-7/16-inch-long diamond-shaped,
metal shingles atop the non-historic rear addition. Arranged randomly, 75% of the shingles are
proposed to be the color Burnished Slate and 25% are proposed to be Classic Red.
STAFF COMMENTS:
The proposed minor development does not satisfy the applicable criteria. As detailed in
Exhibit A, Chapter 10 of the Historic Preservation Design Guidelines regulates the design of new
additions to historic structures and directs the alteration of existing additions. Guideline 10.6 states
an addition must relate strongly to at least two of these elements, form, materials and fenestration.
By failing to strongly relate to either the form or fenestration of the historic resource, the material
is the primary means by which the addition is visually compatible with the simple, unornamented,
natural wood construction of the historic resource. In fact, as kit homes, Pan Abodes were
intentionally designed as modest, predominantly orthogonal, plain-finished, all-wood
constructions to keep them affordable and easily constructed by unskilled labor. Consequently,
the historic resource’s character defining features are relatively easy to overshadow, upstage,
and dominate.
To this condition, the proposed roofing material is unsympathetic. As a unique, ornamental,
and complex, custom-designed and skillfully manufactured material, the 12-7/16-inch-wide, 12-
7/16-inch-long, Burnished Slate and Classic Red diamond-shaped, metal shingles contrast with,
rather than complement, the character of the historic resource. Particularly on the steep-sloping
roof of an addition that dominates the historic resource in height, introducing an unusual material,
like two-color, diamond-shaped, metal shingles, risks distracting and detracting from the smaller,
simpler Pan Abode. In effect, the addition is dominant, undeferential, immodest, and primary
rather than “subordinate, deferential, modest, and secondary in comparison to the architectural
character of the primary building” as called for by Guideline 10.3. Although it does not necessarily
compromise “one’s ability to interpret the historic character of the primary building,” the proposed
material is incompatible with it.
Fig. 4: Proposed Dragon Armor Custom Shingles. Fig. 5: Proposed East and West Elevations.
40
Page 4 of 4
427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov
Denial
In the event the Historic Preservation Commission denies the application for a Certificate
of Appropriateness for Minor Development, the applicant may not submit the same development
application or one substantially the same for a period of one year. The applicant may, however,
submit a revised application pursuant to Pursuant to Aspen Land Use Code Sec. 26.304.060(f)(2).
The Community Development Director shall determine whether the new submittal “adequately
addresses all of the stated reasons for denial and can proceed with a submittal,” or “is sufficiently
enough altered from the project denied that it qualifies as a new application for a different project.”
REFERRAL COMMENTS:
Staff did not refer the application to other City departments for comments.
RECOMMENDATION:
As the proposed material does not meet Guideline 10.3 and 10.6, staff recommends denial
of the application for a Certificate of Appropriateness for Minor Development.
The attached draft resolution, nevertheless, grants approval with conditions as follows:
1. Classic Red shingles shall not be installed.
ATTACHMENTS:
Draft HPC Resolution
Exhibit A – Historic Preservation Design Guidelines – Staff Findings
Exhibit B – Application
Fig. 7: View of 304 W. Hallam St. from in front of 320 W. Hallam. Fig. 6: View of 304 W. Hallam St. from alley.
41
HPC Resolution #02, Series of 2025
Page 1 of 3
RESOLUTION #__,
(SERIES OF 2025)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING WITH CONDITIONS A CERTIFICATE OF APPROPRIATENESS FOR
MINOR DEVELOPMENT FOR THE PROPERTY LOCATED AT 304 W HALLAM
STREET, LEGALLY DESCRIBED AS LOT P, UHL HISTORIC LANDMARK LOT
SPLIT SUBDIVISION EXEMPTION, ACCORING TO THE PLAT THEREOF
RECORDED IN PITKIN COUNTY PLAT BOOK 63 AT PAGE 72, PITKIN COUNTY,
COLORADO
PARCEL ID: 2735-124-00-222
WHEREAS, the applicant, Isabel Melvin, represented by Steve Clisset of Clisset, LLC, has
requested HPC approval for a Certificate of Appropriateness for Minor Development to install
12-7/16-inch-wide, 12-7/16-inch-long, Burnished Slate and Classic Red, diamond-shaped, metal
shingles on the rear addition at the property located at 304 W. Hallam Street, Lot P, Uhl Historic
Landmark Lot Split Subdivision Exemption, according to the Plat thereof recorded in Pitkin County
Plat Book 63 at Page 72, 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 Minor Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project’s
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.C of the Municipal Code and other applicable Code Sections. The HPC may approve,
disapprove, approve with conditions, or continue the application to obtain additional information
necessary to make a decision to approve or deny; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with the City of Aspen Historic Preservation Design Guidelines, and, finding it
inconsistent with Guidelines 10.3 and 10.6, recommended denial of the application; and
WHEREAS, at a duly noticed public meeting on June, 11 2025, the HPC reviewed the project,
including the application, staff memo and public comments, and voted _ to _ in support of a
motion to approve the application with conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN HISTORIC
PRESERVATION COMMISSION THAT:
Section 1: Approval:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Historic Preservation Commission hereby grants the a Certificate of Appropriateness for minor
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HPC Resolution #02, Series of 2025
Page 2 of 3
development to install 12-7/16-inch-wide, 12-7/16-inch-long, Burnished Slate and Classic Red,
diamond-shaped, metal shingles on the rear addition at the property located 304 W. Hallam Street,
Lot P, Uhl Historic Landmark Lot Split Subdivision Exemption, according to the Plat thereof
recorded in Pitkin County Plat Book 63 at Page 72, Pitkin County, Colorado, with the following
conditions:
1. Classic Red shingles shall not be installed.
Section 2: Material Representations
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department, the Historic Preservation
Commission, or the Aspen City Council are hereby incorporated in such plan development
approvals and the same shall be complied with as if fully set forth herein, unless amended by
other specific conditions or an authorized authority.
Section 3: Existing Litigation
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 5: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order. However,
any failure to abide by any of the terms and conditions attendant to this approval shall result in
the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the forfeiture of said
vested property rights and shall render the development order void within the meaning of Section
26.104.050 (Void permits). Zoning that is not part of the approved site-specific development
plan shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the City of
Aspen, a notice advising the general public of the approval of a site specific development plan
and creation of a vested property right pursuant to this Title. Such notice shall be substantially in
the following form:
Notice is hereby given to the general public of the approval of a site-specific development plan,
and the creation of a vested property right, valid for a period of three (3) years, pursuant to the
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HPC Resolution #02, Series of 2025
Page 3 of 3
Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,
pertaining to the following described property: 304 West Hallam 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 11th day of June 2025.
Approved as to Form: Approved as to Content:
______________________________ ____________________________________
Luisa Berne, Assistant City Attorney Kara Thompson, HPC Chair
ATTEST:
_________________________________
Mike Sear, Deputy City Clerk
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Page 1 of 4
Exhibit A
Historic Preservation Design Guidelines
Staff Findings
26.415.070 - Development involving designated historic property or property within a
historic district.
No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired,
relocated or improved involving a designated historic property or a property located within a
Historic District until plans or sufficient information have been submitted to the Community
Development Director and approved in accordance with the procedures established for their
review. An application for a building permit cannot be submitted without a development order.
(C) Certificate of Appropriateness for a Minor Development
1. The review and decision on the issuance of a certificate of appropriateness for minor
development shall begin with a determination by the Community Development Director
that the proposed project constitutes a minor development. Minor development work
includes:
a) Expansion or erection of a structure wherein the increase of the floor area of the
structure is two hundred and fifty (250) square feet or less or
b) Alterations to a building façade, windows, doors, roof planes or material, exterior wall
materials, dormer porch, exterior staircase, balcony or ornamental trim when three (3)
or fewer elements are affected and the work does not qualify for a certificate of no
negative effect or
c) Erection or installation of a combination or multiples of awning, canopies, mechanical
equipment, fencing, signs, accessory features and other attachments to designated
properties such that the cumulative impact does not allow for the issuance of a
certificate of no negative effect or
d) Alterations that are made to non-historic portions of a designated historic property that
do not qualify for a certificate of no negative effect or
e) The erection of street furniture, signs, public art and other visible improvements within
designated historic districts of a magnitude or in numbers such that the cumulative
impact does not allow for the issuance of a certificate of no negative effect. The
Community Development Director may determine that an application for work on a
designated historic property involving multiple categories of minor development may
result in the cumulative impact such that it is considered a major development. In such
cases, the applicant shall apply for a major development review in accordance with
Subsection 26.415.07(d).
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Relevant Historic Preservation Design Guidelines & Findings
The applicant requests a Certificate of Appropriateness for Minor Development at 304 W.
Hallam St. to install two colors of diamond-shaped metal shingles atop the non-historic rear
addition.
Chapter 10: Building Additions Finding
10.3 Design a new addition such that one’s ability to interpret the historic
character of the primary building is maintained.
• A new addition must be compatible with the historic character of the primary
building.
• An addition must be subordinate, deferential, modest, and secondary in
comparison to the architectural character of the primary building.
• An addition that imitates the primary building’s historic style is not allowed.
For example, a new faux Victorian detailed addition is inappropriate on an
Aspen Victorian home.
• An addition that covers historically significant features is inappropriate.
• Proposals on corner lots require particular attention to creating compatibility.
Not Met
10.6 Design a new addition to be recognized as a product of its own time.
• An addition shall be distinguishable from the historic building and still be
visually compatible with historic features.
• A change in setbacks of the addition from the historic building, a subtle
change in material, or a modern interpretation of a historic style are all
techniques that may be considered to help define a change from historic
construction to new construction.
• Do not reference historic styles that have no basis in Aspen.
• Consider these three aspects of an addition; form, materials, and
fenestration. An addition must relate strongly to the historic resource in at
least two of these elements. Departing from the historic resource in one of
these categories allows for creativity and a contemporary design response.
• Note that on a corner lot, departing from the form of the historic resource
may not be allowed.
• There is a spectrum of appropriate solutions to distinguishing new from old
portions of a development. Some resources of particularly high significance
or integrity may not be the right instance for a contrasting addition.
Not Met
Staff Findings:
Chapter 10 of the Historic Preservation Design Guidelines gives direction to the
construction of additions to historic structures and addresses the alteration of existing additions.
The chapter’s underlying policy prioritizes preserving the character of the original structure and
asserts that a new addition shall “be subordinate in appearance to the main building.” This
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Page 3 of 4
chapter is particularly pertinent to the proposed application of diamond-shaped metal shingles
on the non-historic addition at 304 W. Hallam St.
Roofing Material
Insofar as Burnished Slate and Classic Red, 12-7/16-inch-wide, 12-7/16-inch-long,
diamond-shaped, metal shingles are not “subordinate, deferential, modest, and secondary in
comparison to the architectural character of the primary building,” the proposed material fails to
meet Guideline 10.3. Although it does not necessarily compromise “one’s ability to interpret the
historic character of the primary building,” the material is incompatible with it. Representative of
Pan Abode architecture, the historic resource at 304 W. Hallam St. lacks ornamentation. Its
simple forms and plain finish reflect its distinctive pre-manufactured method of construction.
Such kit homes were intentionally designed to be affordable and easily constructed by unskilled
labor. The result is mostly practical, predominantly orthogonal and modest.
The custom designed and manufactured diamond-shaped shingles, by contrast, are
unique, ornamental, and complex. While they may be interesting and beautiful, they are
unsympathetic to the character of the historic resource. Random red diamonds floating overhead
draw attention to the addition, distracting and detracting from the smaller, simpler Pan Abode.
In effect, with diamond-shaped, metal shingles the addition becomes dominant, undeferential,
immodest, and primary on the property.
With or without the proposed roofing material, the addition is “distinguishable from the
historic building” and is “recognized as a product of its own time.” Installing Burnished Slate
and Classic Red, 12-7/16-inch-wide, 12-7/16-inch-long, diamond-shaped, metal shingles, will
only make the addition less visually compatible with the historic resource. Accordingly, the
application does not meet Guideline 10.6.
The addition at 304 W. Hallam St. already fails to relate strongly to the historic resource
in at least two of the aspects of an addition identified by this guideline. The addition’s fenestration
is particularly unrelated to that of the historic resource. Its non-orthogonal, street-facing window;
ridgeline skylight; horizontal clerestory window on the east façade; and tall, narrow rear window
clearly distinguish the addition as new construction. The form of the addition also differs from
that of the historic resource. Although both are relatively simple shapes, the verticality of the
addition and the steep-pitch of its roof more than differentiate it from the low-sloped roof of the
low-slung Pan Abode.
Of the three elements, only the material of the addition currently relates to that of the
historic resource. With the exception of the skylight and the translucent roofing at the northwest
corner, the all-wood addition ties to the primary material of the Pan Abode. Given their tongue-
and-groove-cedar-log construction, natural stained wood is a character defining feature of Log
Kit/Pan Abode buildings. Although the orientation, size, and application of the material differs on
the historic and non-historic parts of the building, the consistent material composition creates
visual continuity and compatibility between the two. Introducing a novel material, like diamond-
shaped, metal shingles, risks compromising the addition’s only means of relating to the historic
resource.
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Although it is important to consider the roofing material atop the Pan Abode, the low slope
to which it is applied makes the use of standing-seam metal less relevant than it otherwise would
be. It is less visible than the non-historic roof from nearly every angle. While the use of standing-
seam-metal roofing here predates the construction of the addition, historical evidence has yet to
confirm whether it was the historic resource’s original roofing material. If relating to this material
is warranted, the proposed diamond-shaped, metal shingles fall short. The composition of the
material may be similar, but the application, orientation, and color overtly diverge from what
appear to be long, flat, brown panels with standing seams. The proposed material is visually
unrelated to that of the historic resource.
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