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Home My WebLink Aboutagenda.hpc.20250723.amendedAGENDA ASPEN HISTORIC PRESERVATION COMMISSION July 23, 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 406 W. Smuggler St. - Request for a Certificate of Appropriateness for Major Development Conceptual Review, Relocation, Benefits, Residential Design Standards Variation Project Monitoring Committee Assignments.20250721.pdf Staff Memo.406 W Smuggler St.LPA-25-044.pdf Draft Resolution #8, Series 2025.pdf Exhibit A. Design Guidelines Analysis 1 1 XIII.B Pedestrian Mall Safety Initiative Refresher - Discussion - Not a Public Hearing XIV.ADJOURN XV.NEXT RESOLUTION NUMBER Exhibit B. Relocation Criteria Exhibit C. Benefits - Variation Criteria Exhibit D. RDS Variation Criteria Exhibit E. Combined Referral Comments Exhibit F - Application 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 2 2 HPC PROJECT MONITORING COMMITTEE ASSIGNMENTS & STATUS AS OF 7/21/2025 7/21/2025 Kara Thompson Lift 1 corridor ski lift Building Permit Under Review 201 E. Main Temporary Certificate of Occupancy Issued 333 W. Bleeker Change Order Under Review Changed 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 Certificate of Occupancy Issued Changed 211 W. Main Temporary Certificate of Occupancy Issued 128 E. Main Building Permit Issued 435 E. Main Land Use Approved Changed 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 Certificate of Occupancy Issued Changed 304 W. Hallam Land Use Approved 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 Change 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 Duncan Clauss 304 W. Hallam Land Use Approved Changed Unassigned 400 E. Cooper Change Order Under Review 3 Page 1 of 8 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov Memorandum TO: Aspen Historic Preservation Commission FROM: Gillian White, Principal Planner, Historic Preservation Officer THROUGH: Dan Folke, Planning Director MEETING DATE: July 23, 2025 RE: 406 W. Smuggler St. – Historic Preservation Major Development – Conceptual Development Plan, Relocation, Benefits, Residential Design Standards Variation – PUBLIC HEARING Applicant/Owner: Smuggler Mountain HoldCo, LLC, 3889 Maple Ave, Ste 500 Dallas, TX 75219 Representative: Kim Raymond Architecture + Interiors Address: 406 W. Smuggler St. Legal Description: Lots P & Q, Block 33, City & Townsite of Aspen; & Lots 16 & 17, Block 33, Hallam’s Addition to the City & Townsite of Aspen Parcel ID Number: 2735-124-64-002 Current Zoning R-6 – Residential Current & Proposed Use: Residential Summary: The applicant requests a Certificate of Appropriateness for Major Development – Conceptual, Relocation, Benefits, and Residential Design Standards Variation at 406 S. Smuggler St. for the purposes of removing a non-historic addition, excavating a basement, relocating and restoring the historic asset in the side setback, and constructing a new, detached, two-story, single-family residence in the rear setback. Staff Recommendation: While the conceptual development application may benefit from a continuation, should the HPC choose to grant an approval, staff has provided recommended conditions. Fig. 1: 406 W. Smuggler – Site Location Aerial Image with Property line 4 Page 2 of 8 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov BACKGROUND: The 6,000-square-foot parcel at 46 W. Smuggler St. is located in the Medium-Density Residential (R-6) zone district. The site features a Victorian-era historic resource relocated to a full basement here from the south side of W. Hopkins Ave. near S. 7th St. in 1973. As it shares its architectural characteristics with other “Miner’s Cottages” of the era, this dwelling was likely originally constructed in the late 1880s or early 1890s. A rear addition was added to the original five-room historic resource upon its relocation in 1973. A rear exterior stairway was added to provide access to the northeast corner of the basement sometime thereafter, but no other major alterations or improvements have been made in recent years. Ordinance #49, Series of 1989, added the property the City of Aspen Inventory of Historic Landmark Sites and Structures. REQUESTS OF HISTORIC PRESERVATION COMMISSION (HPC) • Certificate of Appropriateness for Major Development – Conceptual Development Plan Review (Section 26.415.070(d)) for “alterations to more than three (3) elements of a building façade including its windows, doors, roof planes or materials, exterior wall material, dormers, porches, exterior staircase, balcony or ornamental trim,” and “the expansion of a building increasing the floor area by more than two hundred and fifty (250) square feet.” • Relocation (Section 26.415.090) for “moving a building or structure from its original, historically significant or existing location to another location.” • Benefits - Variations (Section 26.415.110(c)) for “development in the side, rear and front setbacks.” • Residential Design Standards – Variation (Section 26.412.020) for “a variation from residential design standards.” The HPC is the final review authority of these requests. Any HPC approval, denial, or approval with conditions, however, may be subject to call up by City Council. Fig. 2: Historic Resource Prior to Move to 406 W. Smuggler St. 19 3 Fig. 3: Current image of historic resource 5 Page 3 of 8 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov PROJECT SUMMARY Within this request for a Certificate of Appropriateness for Major Development, the applicant proposes demolition of non-historic additions, demolition of both front porches, construction of a new, detached structure on the property, construction of a full basement under the new structure and historic resource, reconstruction of the front porches on the resource, temporary relocation the historic resource to the right-of-way while construction of the proposed new basement takes place, and then relocation of the resource over the new basement. The proposed final placement of the resource is approximately 12 feet southwest of its existing location. . STAFF COMMENTS: Staff generally support the proposed restoration of the historic resource requested in the application. While the temporary relocation of the historic resource to excavate a basement and install a new foundation does not currently comply with all applicable criteria, staff does want to note that the intention to conceal additional development underground and provide a first-rate footing for the historic resource is appreciated. Similarly, while the proposed conceptual development plan does not strictly meet all the Historic Preservation Design Guidelines, it may be made compliant by continuing the item to a future meeting to allow the applicant to better respond to criteria or by adding conditions to an approval, should the HPC so choose. Staff recommend conditions that would aid in a more appropriate treatment of the historic resource; this may be satisfied by providing a preservation plan before permitting, and ongoing work with project monitoring committee, which staff have included as recommended conditions of approval. Fig 4: Construction of the Rear Addition at 406 W. Smuggler St. c.1973 Figure 5: Historic Resource and New Foundation at 406 W Smuggler St. c.1973 6 Page 4 of 8 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov Certificate of Appropriateness for Major Development, Conceptual Review - Section 26.415.070(d) Historic Resource Existing Additions: The proposal to remove more recent additions that are not historically significant meets Guideline 10.2. While it appears that these recent additions are not significant, in order to “preserve original building materials” as called for by Guideline 2.1, additional physical investigation and documentation of these areas is recommended during deconstruction. If “original, underlying material” does exist, Guideline 2.6 will also be applicable. Monitoring committee review of such documentation and may be an appropriate condition of approval. Historic Resource Window: Without additional documentation, particularly physical evidence of the historic window opening on the west façade of the resource (labeled as HW4 on the provided plans), it is unknown whether the proposed replacement of the window meets Guidelines 3.1 – 3.7. As interior deconstruction may provide access to necessary physical evidence, monitoring committee review of additional documentation and approval of the proposed window is an appropriate condition of approval. Historic Resource Porches: The application does not demonstrate that the proposed front porch matches the detail of the original evident in historic photographs and/or the dimensions and characteristics found on comparable buildings. It appears the applicant agrees as they have noted in their response to the Guidelines that although it appears the roof over the front porch is not original, it will be investigated further during construction. As it is unclear whether the application meets Guideline 5.4, the provision of additional information is necessary and an appropriate condition of approval. Lightwells: Guideline 9.6 speaks to minimizing the visual impacts of lightwells. Staff find that she “floating” lightwell proposed in the southeast quadrant of the property, while necessary for means of egress for the proposed subgrade space per Building code, could better meet this Guideline. Staff recommend the lightwell walls above grade be lowered to be less impactful; screening may be an option if done appropriately. Additionally, the lightwell must meet Building code related to providing a railing. New Building: The project does not meet Guideline 1.1. The lack of porosity on the site does not “reinforce the traditional patterns of the neighborhood” or “respect the historic development pattern or context of the block, neighborhood or district.” In fact, the proposed footprint exceeds the “setback-to- 7 Page 5 of 8 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov setback development” referred to as “typically uncharacteristic of the historic context” by this guideline. As noted already, the new building does not appear similar in scale and proportion with the historic resource. The larger masses are subdivided into smaller “modules,” but not that are similar in size to the resource. The heights and proportions that characterize the historic resource are not reflected. Accordingly, the application does not meet Guideline 11.3. When determining whether a new structure is able to be “recognized as a product of its own time” (Guideline 11.6), it is necessary to 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. Staff find this guideline met as the new addition relates to the resource via form and materials. The materials used on the new building relate to those of the historic resource. The proposed primary material, horizontal cementitious siding, appears similar in composition, scale, application, and orientation to that of the wood siding existing on the historic resource. The relatively minimal application of material generally compliments the historic resource and contributes to a traditional sense of human scale. The more complex, staggered, and blocky form of the proposed new building diverges from the simple horizontality of the one- story, L-shaped form of the historic resource. Although the proposed window style on the addition is an appropriate way to help distinguish it from the historic resource, it conflicts with applicable Residential Design Standards, as further explained in a below section of this memo. Relocation - Section 26.415.090 Lacking 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”, as required per Section 26.415.090(a)(4), it is yet to be determined that the resource can withstand the physical impacts of this proposed relocation. The applicant provided a letter in response to this requirement, however, staff have notified the applicant that a full report including existing structural load capabilities, will be required prior to building permit submittal. As the existing historic resource does not appear to have a failing foundation or any issues that necessitate relocation to ensure the continued utility, use, and longevity of the historic resource, the proposed relocation is not an acceptable preservation method in this instance. However, as the resource has been relocated from another property previously, it is unlikely that an on-site relocation will adversely affect the integrity of the historic site, or diminish the historic, architectural, or aesthetic relationships of adjacent designated properties. Staff would like to note that with any project unanticipated issues can arise during the relocation process, therefore the proposed scope still has potential to adversely affect the historic integrity of the resource. 8 Page 6 of 8 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov As the other applicable relocation standards are only partially met, staff is unable to recommend approval of this relocation proposal as it does not fully meet at least one of the relocation standards. Setback Variation - Section 26.415.110.C Variations are benefits available to historic properties granted by the HPC. They are site-specific approvals that are tied to a specific design reviewed for compatibility and appropriateness. According to Sec. 26.415.110(c), “Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards.” The proposed 5-foot side setback variation for the historic resource does not “create development that is more consistent with the character of the historic property than what is required by the underlining zoning.” As there was no building on the site historically and the property is not within a historic district, a 5-foot side setback is not “similar to the pattern, features, and character of the historic property or district.” It also does not “enhance or mitigate an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property, or historic district.” The application explains that the variation “makes for much better construction methods by having the full slab of the garage supported evenly on the same type of foundation.” This rationale fails to clarify how the proposed variation meets the established criteria, fails to account for the proposed expansion of the northwest corner of the basement beyond the garage above it, and fails to explain why the north wall of the garage cannot be located 5 feet south to meet basement at its required setback. Given this, staff is unable to recommend approval of the requested setback variations. Should the applicant proceed with proposing the wing wall that extends into the rear setback, an additional variation request is required. This feature does not align with the language regarding architectural projections in Sec. 26.575.020(e)(5)g and is therefore not exempt. This can be further discussed at final review. Residential Design Standards – Variation (Section 26.412.020) The City's Residential Design Standards are intended to ensure a strong connection between residences and streets; ensure buildings provide articulation to break up bulk and mass; and preserve historic neighborhood scale and character. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute positively to the streetscape. The design standards in Sec. 26.410.030 – Single-Family & Duplex Standards apply to the new detached development at 406 W. Smuggler St. 9 Page 7 of 8 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov As installing more than one non-orthogonal window does not meet the intent of the Non- Orthogonal Window Limit, let alone the Residential Desing Standards’ general intent statements, and is not “clearly necessary for reasons of fairness related to unusual site-specific constraints” it does not meet the criteria for a variation. The HPC might ask the applicant to find a better way of using fenestration to distinguish the addition from the resource that would not necessitate a variance. For example, exploring window proportions instead of proposing non-orthogonal windows. Additionally, the applicant can choose to remove one of the two non-orthogonal windows to meet RDS, as noted in one of staff’s recommended conditions. REFERRAL COMMENTS: Staff referred out the initial application to other City departments for comments. The aggregated referral comments are included in Exhibit E. Some of the feedback may have already been incorporated into the subsequent application revisions. RECOMMENDATION: While the conceptual development application may benefit from a continuation, should the HPC choose to grant an approval, staff recommend the below conditions. Additionally, any proposed motion should include the approval/denial of variation requests. 1. For consideration and approval by the HPC at final development plan review, one of the two proposed non-orthogonal windows on the front (south) façade of new development must be made orthogonal. 2. For consideration and approval by the HPC at final development plan review, the front walkway to the new building must be straight, perpendicular to Smuggler Street and no more than 3 feet wide. 3. Property to maintain a combined 15’ side yard setback as required. 4. A preservation plan must be provided to and approved by the monitoring committee prior to construction, and include the following: a. The proposed details and dimensions of all new windows to be installed in the historic resource, and historical photographic and/or physical evidence substantiating the same; b. The proposed details and dimensions of all new porch elements to be installed on the historic resource, and historic historical photographic and/or physical evidence substantiating the same; c. The proposed details and dimensions of the roof/front roof slope on the historic resource, and historical photographic and/or physical evidence substantiating the same; d. The proposed details and dimensions of the west eave of the front gable of the historic resource, and historical photographic and/or physical evidence substantiating the same; 10 Page 8 of 8 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov 5. Pending further land use approvals consistent with Aspen Land Use Code Sec. 26.415.070, no historic material may be removed, or otherwise altered. 6. For consideration and approval by the project monitoring committee prior to building permit application, a more detailed relocation plan must be provided and include the following: a. The identification/approval of a temporary storage location for the historic resource that is not in a property line setback. A right-of-way encroachment permit will be required for the proposed temporary location. 7. Financial assurance of $30,000 (or other amount deemed appropriate by the HPC) for the safe relocation of the historic structure onto a new basement foundation must be provided to the City upon applying for a building permit. 8. A final development plan application shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. ATTACHMENTS: Resolution # 08, Series of 2025 Exhibit A: Historic Preservation Design Guidelines – Staff Findings Exhibit B: Relocation Criteria – Staff Findings Exhibit C: Benefits - Variation Criteria – Staff Findings Exhibit D: Residential Design Standards – Variation Criteria – Staff Findings Exhibit E: Combined Referral/Initial Comments Exhibit F: Application 11 HPC Resolution #08, Series of 2025 Page 1 of 3 RESOLUTION #08 (SERIES OF 2025) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING A CERTIFICATE OF APPROPRIATENESS FOR MAJOR DEVELOPMENT – CONCEPTUAL REVIEW, RELOCATION, BENEFITS, AND RESIDENTIAL DESIGN STANDARDS VARIATION FOR THE PROPERTY LOCATED AT 406 W. SMUGGLER ST., LOTS P & Q, BLOCK 33, CITY & TOWNSITE OF ASPEN; & LOTS 16 & 17, BLOCK 33, HALLAM’S ADDITION TO THE CITY & TOWNSITE OF ASPEN PARCEL ID: 2735-124-64-002 WHEREAS, the applicant, Smuggler Mountain HoldCo, LLC, 3889 Maple Ave, Ste 500 Dallas, TX 75219, represented by Kim Raymond Architecture + Interiors, has requested HPC approval for a Certificate of Appropriateness for Major Development – Conceptual Review, Relocation, Benefits, and Residential Design Standards Variation for the property located at 406 W. Smuggler St., Lots P & Q, Block 33, City & Townsite of Aspen; & Lots 16 & 17, Block 33, Hallam’s Addition to the City & Townsite of Aspen; 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 Major 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, for approval of Relocation, the application shall meet the requirements of Aspen Municipal Code Section 26.415.090, Relocation; and WHEREAS, for approval of Setback Variations, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110(C), Setback Variations; and WHEREAS, for approval of Residential Design Standards Variations, the application shall meet the requirements of Aspen Municipal Code Section 26.412.020, Setback Variations; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards; and 12 HPC Resolution #08, Series of 2025 Page 2 of 3 WHEREAS, at a duly noticed public meeting on July 23, 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: 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 Major Development – Conceptual Review, Relocation, Benefits, and Residential Design Standards Variation for the property located at 406 W. Smuggler St., Lots P & Q, Block 33, City & Townsite of Aspen; & Lots 16 & 17, Block 33, Hallam’s Addition to the City & Townsite of Aspen, Colorado, with the following conditions: 1. For consideration and approval by the HPC at final development plan review, one of the two proposed non-orthogonal windows on the front (south) façade of new development must be made orthogonal. 2. For consideration and approval by the HPC at final development plan review, the front walkway to the new building must be straight, perpendicular to Smuggler Street and no more than 3 feet wide. 3. A preservation plan must be provided to and approved by the monitoring committee prior to construction, and include the following: a. The proposed details and dimensions of all new windows to be installed in the historic resource, and historical photographic and/or physical evidence substantiating the same; b. The proposed details and dimensions of all new porch elements to be installed on the historic resource, and historic historical photographic and/or physical evidence substantiating the same; c. The proposed details and dimensions of the roof/front roof slope on the historic resource, and historical photographic and/or physical evidence substantiating the same; d. The proposed details and dimensions of the west eave of the front gable of the historic resource, and historical photographic and/or physical evidence substantiating the same; 4. Pending further land use approvals consistent with Aspen Land Use Code Sec. 26.415.070, no historic material may be removed, or otherwise altered. 5. For consideration and approval by the project monitoring committee prior to building permit application, a more detailed relocation plan must be provided and include the following: a. The identification/approval of a temporary storage location for the historic resource that is not in a property line setback. A right-of-way encroachment permit will be required for the proposed temporary location. 6. Financial assurance of $30,000 (or other amount deemed appropriate by the HPC) for the safe relocation of the historic structure onto a new basement foundation must be provided to the City upon applying for a building permit. 7. A final development plan application shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within 13 HPC Resolution #08, Series of 2025 Page 3 of 3 this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. 8. The following variations are approved: a. A 5-foot reduction of the required 10-foot rear setback for the principal building below grade, resulting in a 5-foot rear setback. b. A 5-foot reduction of the combined side setback above grade, resulting in a 10-foot combined side setback. 9. The lightwell located in the southeast quadrant of the property must be relocated or screened from view. 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. APPROVED BY THE COMMISSION at its regular meeting on the 23h day of July, 2025. Approved as to Form: Approved as to Content: ________________________________ ________________________________ Katharine Johnson, Assistant City Attorney Kara Thompson, Chair ATTEST: ________________________________ Mike Sear, Deputy City Clerk 14 Page 1 of 16 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). 15 Page 2 of 16 Relevant Historic Preservation Design Guidelines & Findings The applicant requests a Certificate of Appropriateness for Major Development, Demolition, Relocation, Benefits, & Residential Design Standard Variation at 406 W. Smuggler St. for the purposes of removing a non-historic addition, excavating a basement, relocating and restoring the historic asset in the side setback, and constructing a new, detached, two-story, single- family residence in the rear setback. Chapter 1: Site Planning and Landscape Finding 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. • Building footprint and location should reinforce the traditional patterns of the neighborhood. • Allow for some porosity on a site. In a residential project, setback to setback development is typically uncharacteristic of the historic context. Do not design a project which leaves no useful open space visible from the street. Not Met 1.5 Maintain the historic hierarchy of spaces. • Reflect the established progression of public to private spaces from the public sidewalk to a semi-public walkway, to a semi private entry feature, to private spaces. Met 1.6 Provide a simple walkway running perpendicular from the street to the front entry on residential projects. • Meandering walkways are not allowed, except where it is needed to avoid a tree or is typical of the period of significance. • Use paving materials that are similar to those used historically for the building style and install them in the manner that they would have been used historically. For example on an Aspen Victorian landmark set flagstone pavers in sand, rather than in concrete. Light grey concrete, brick or red sandstone are appropriate private walkway materials for most landmarks. • The width of a new entry sidewalk should generally be three feet or less for residential properties. A wider sidewalk may be appropriate for an AspenModern property. Not Met 1.7 Provide positive open space within a project site. • Ensure that open space on site is meaningful and consolidated into a few large spaces rather than many small unusable areas. • Open space should be designed to support and complement the historic building. Not Met 16 Page 3 of 16 1.8 Consider stormwater quality needs early in the design process. • When included in the initial planning for a project, stormwater quality facilities can be better integrated into the proposal. All landscape plans presented for HPC review must include at least a preliminary representation of the stormwater design. A more detailed design must be reviewed and approved by Planning and Engineering prior to building permit submittal. • Site designs and stormwater management should provide positive drainage away from the historic landmark, preserve the use of natural drainage and treatment systems of the site, reduce the generation of additional stormwater runoff, and increase infiltration into the ground. Stormwater facilities and conveyances located in front of a landmark should have minimal visual impact when viewed from the public right of way. • Refer to City Engineering for additional guidance and requirements. Met 1.12 Provide an appropriate context for historic structures. See diagram. • Simplicity and restraint are required. Do not overplant a site, or install a landscape which is overtextured or overly complex in relationship to the historic resource, particularly in Zone A. In Zone A, new planting shall be species that were used historically or species of similar attributes. • In areas immediately adjacent to the landmark, Zone A and Zone B, plants up 42” in height, sod, and low shrubs are often appropriate. • Contemporary planting, walls and other features are not appropriate in Zone A. A more contemporary landscape may surround new development or be located in the rear of the property, in Zone C. • Do not cover areas which were historically unpaved with hard surfaces, except for a limited patio where appropriate. • Where residential structures are being adapted to commercial use, proposals to alter the landscape will be considered on a case-by-case basis. The residential nature of the building must be honored. • In the case of a historic landmark lot split, careful consideration should be given so as not to over plant either property, or remove all evidence of the landscape characteristics from before the property was divided. • Contemporary landscapes that highlight an AspenModern architectural style are encouraged. Met 1.13 Additions of plant material to the landscape that could interfere with or block views of historic structures are inappropriate. • Low plantings and ground covers are preferred. • Do not place trees, shrubs, or hedgerows in locations that will obscure, damage, or block significant architectural features or views to the building. Hedgerows are not allowed as fences. • Consider mature canopy size when planting new trees adjacent to historic resources. Planting trees too close to a landmark may result in building deteriorate or blocked views and is inappropriate. • Climbing vines can damage historic structures and are not allowed. Met 17 Page 4 of 16 1.17 No fence in the front yard is often the most appropriate solution. • Reserve fences for back yards and behind street facing façades, as the best way to preserve the character of a property. Met 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 2.2 The finish of materials should be as it would have existed historically. • Masonry naturally has a water-protective layer to protect it from the elements. Brick or stone that was not historically painted shall not be painted. • If masonry that was not painted historically was given a coat of paint at some more recent time, consider removing it, using appropriate methods. • Wood should be painted, stained or natural, as appropriate to the style and history of the building. Met 2.3 Match the original material in composition, scale and finish when replacing materials on primary surfaces. • If the original material is wood clapboard for example, then the replacement material must be wood as well. It should match the original in size, and the amount of exposed lap and finish. • Replace only the amount required. If a few boards are damaged beyond repair, then only those should be replaced, not the entire wall. For AspenModern buildings, sometimes the replacement of a larger area is required to preserve the integrity of the design intent. Met/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. Met 2.6 Remove layers that cover the original material. • Once the non-historic siding is removed, repair the original, underlying material Met/Not Met Chapter 3: Windows Finding 18 Page 5 of 16 3.1 Preserve the functional and decorative features of a historic window. • Features important to the character of a window include its frame, sash, muntins/mullions, sills, heads, jambs, moldings, operations, and groupings of windows. • Repair frames and sashes rather than replacing them. • Preserve the original glass. If original Victorian era glass is broken, consider using restoration glass for the repair. MET 3.2 Preserve the position, number, and arrangement of historic windows in a building wall. • Enclosing a historic window is inappropriate. • Do not change the size of an original window opening. Met/Not Met 3.3 Match a replacement window to the original in its design. • If the original is double-hung, then the replacement window must also be double-hung. If the sashes have divided lights, match that characteristic as well. Met/Not Met 3.4 When replacing an original window, use materials that are the same as the original. Met 3.5 Preserve the size and proportion of a historic window opening. • Changing the window opening is not permitted. • Consider restoring an original window opening that was enclosed in the past. Met/Not Met 3.6 Match, as closely as possible, the profile of the sash and its components to that of the original window. • A historic window often has a complex profile. Within the window’s casing, the sash steps back to the plane of the glazing (glass) in several increments. These increments, which individually only measure in eighths or quarters of inches, are important details. They distinguish the actual window from the surrounding plane of the wall. • The historic profile on AspenModern properties is typically minimal. Met/Not Met 3.7 Adding new openings on a historic structure is generally not allowed. • Greater flexibility in installing new windows may be considered on rear or secondary walls. • New windows should be similar in scale to the historic openings on the building, but should in some way be distinguishable as new, through the use of somewhat different detailing, etc. • Preserve the historic ratio of window openings to solid wall on a façade. • Significantly increasing the amount of glass on a character defining façade will negatively affect the integrity of a structure. Met Chapter 4: Doors Finding 19 Page 6 of 16 4.1 Preserve historically significant doors. • Maintain features important to the character of a historic doorway. These include the door, door frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking sidelights. • Do not change the position and function of original front doors and primary entrances. • If a secondary entrance must be sealed shut, any work that is done must be reversible so that the door can be used at a later time, if necessary. Also, keep the door in place, in its historic position. • Previously enclosed original doors should be reopened when possible. Met 4.2 Maintain the original size of a door and its opening. • Altering its size and shape is inappropriate. It should not be widened or raised in height. Met 4.3 When a historic door or screen door is damaged, repair it and maintain its general historic appearance. Met 4.4 When replacing a door or screen door, use a design that has an appearance similar to the original door or a door associated with the style of the building. • A replica of the original, if evidence exists, is the preferred replacement. • A historic door or screen door from a similar building also may be considered. • Simple paneled doors were typical for Aspen Victorian properties. • Very ornate doors, including stained or leaded glass, are discouraged, unless photographic evidence can support their use. Met 4.5 Adding new doors on a historic building is generally not allowed. • Place new doors in any proposed addition rather than altering the historic resource. • Greater flexibility in installing a door in a new location may be considered on rear or secondary walls. • A new door in a new location should be similar in scale and style to historic openings on the building and should be a product of its own time. • Preserve the historic ratio of openings to solid wall on a façade. Significantly increasing the openings on a character defining façade negatively affects the integrity of a structure. Met/Not Met 4.7 Preserve historic hardware. • When new hardware is needed, it must be in scale with the door and appropriate to the style of the building. • On Aspen Victorian properties, conceal any modern elements such as entry keypads. Met Chapter 5: Porches and Balconies Finding 20 Page 7 of 16 5.1 Preserve an original porch or balcony. • Replace missing posts and railings when necessary. Match the original proportions, material and spacing of balusters. • Expanding the size of a historic porch or balcony is inappropriate Met/Not Met 5.2 Avoid removing or covering historic materials and details. • Removing an original balustrade, for example, is inappropriate. Met/Not Met Chapter 6: Architectural Details Finding 6.1 Preserve significant architectural features. • Repair only those features that are deteriorated. • Patch, piece-in, splice, or consolidate to repair the existing materials, using recognized preservation methods whenever possible. • On AspenModern properties, repair is preferred, however, it may be more important to preserve the integrity of the original design intent, such as crisp edges, rather than to retain heavily deteriorated material. Met/Not Met 6.2 When disassembly of a historic element is necessary for its restoration, use methods that minimize damage to the original material. • Document its location so it may be repositioned accurately. Always devise methods of replacing the disassembled material in its original configuration. Met 6.3 Remove only the portion of the detail that is deteriorated and must be replaced. • Match the original in composition, scale, and finish when replacing materials or features. • If the original detail was made of wood, for example, then the replacement material should be wood, when feasible. It should match the original in size and finish. Met/Not Met 6.4 Repair or replacement of missing or deteriorated features are required to be based on original designs. • The design should be substantiated by physical or pictorial evidence to avoid creating a misrepresentation of the building’s heritage. • When reconstruction of an element is impossible because there is no historical evidence, develop a compatible new design that is a simplified interpretation of the original, and maintains similar scale, proportion and material. Met/Not Met 6.5 Do not guess at “historic” designs for replacement parts. • Where scars on the exterior suggest that architectural features existed, but there is no other physical or photographic evidence, then new features may be designed that are similar in character to related buildings. • Using ornate materials on a building or adding new conjectural detailing for which there is no documentation is inappropriate. Met/Not Met Chapter 7: Roofs Finding 21 Page 8 of 16 7.1 Preserve the original form of a roof. • Do not alter the angle of a historic roof. Preserve the orientation and slope of the roof as seen from the street. • Retain and repair original and decorative roof detailing. • Where the original roof form has been altered, consider restoration. Met/Not Met 7.2 Preserve the original eave depth. • Overhangs contribute to the scale and detailing of a historic resource. • AspenModern properties typically have very deep or extremely minimal overhangs that are key character defining features of the architectural style. Met/Not Met 7.7 Preserve original roof materials. • Avoid removing historic roofing material. • Using recognized preservation methods, repair deteriorated historic material when possible. • When replacement is necessary, replace the roofing in kind, and/or use a material that is similar to the original in both style as well as physical qualities. Met/Not Met 7.8 New or replacement roof materials should maintain or restore the character of the historic roof. • If a substitute is used, the roof material should be of a design, scale, color, texture, and composition akin to the original, or a simplified, neutral, modest, and deferential alternative that is visually compatible with building’s historic features. • 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 material should have a matte, non-reflective finish and match the original seaming. TBD 7.9 Avoid using conjectural features on a roof. • Adding ornament or detail where there is no evidence that they existed, creates a false impression of the building’s original appearance, and is inappropriate. • Roofing materials should reflect the architectural style of the affected building or be substantiated by documentary or physical evidence. Met 22 Page 9 of 16 7.10 Design gutters so that their visibility on the structure is minimized to the extent possible. • Downspouts should be placed in locations that are not visible from the street if possible, or in locations that do not obscure architectural detailing on the building. • The material used for the gutters should be in character with the style of the building. Met Chapter 9: Excavation, Building Relocation, and Foundations Finding 9.1 Developing a basement by underpinning and excavating while the historic structure remains in place may help to preserve the historic fabric. • This activity will require the same level of documentation, structural assessment, and posting of financial assurances as a building relocation. Not Met 9.2 Proposals to relocate a building will be considered on a case-by-case basis. • In general, on-site relocation has less of an impact on individual landmark structures than those in a historic district. • In a district, where numerous adjacent historic structures may exist, the way that buildings were placed on the site historically, and the open yards visible from the street are characteristics that should be respected in new development. • Provide a figure ground study of the surrounding parcels to demonstrate the effects of a building relocation. • In some cases, the historic significance of the structure, the context of the site, the construction technique, and the architectural style may make on- site relocation too impactful to be appropriate. It must be demonstrated that on-site relocation is the best preservation alternative in order for approval to be granted. • If relocation would result in the need to reconstruct a substantial area of the original exterior surface of the building above grade, it is not an appropriate preservation option. Met/Not Met 9.3 Site a relocated structure in a position similar to its historic orientation. • It must face the same direction and have a relatively similar setback. In general, a forward movement, rather than a lateral movement is preferred. HPC will consider setback variations where appropriate. • A primary structure may not be moved to the rear of the parcel to accommodate a new building in front of it. • Be aware of potential restrictions against locating buildings too close to mature trees. Consult with the City Forester early in the design process. Do not relocate a building so that it becomes obscured by trees Met/Not Met 23 Page 10 of 16 9.4 Position a relocated structure at its historic elevation above grade. • Raising the finished floor of the building slightly above its original elevation is acceptable if needed to address drainage issues. A substantial change in position relative to grade is inappropriate. • Avoid making design decisions that require code related alterations which could have been avoided. In particular, consider how the relationship to grade could result in non-historic guardrails, etc Met 9.5 A new foundation shall appear similar in design and materials to the historic foundation. • On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a miner’s cottage where there is no evidence that one existed historically is out of character and is not allowed. • Exposed concrete or painted metal flashing are generally appropriate. • Where a stone or brick foundation existed historically, it must be replicated, ideally using stone salvaged from the original foundation as a veneer. The replacement must be similar in the cut of the stone and design of the mortar joints. • New AspenModern foundations shall be handled on a case by case basis to ensure preservation of the design intent. TBD 9.6 Minimize the visual impact of lightwells. • The size of any lightwell that faces a street should be minimized. • Lightwells must be placed so that they are not immediately adjacent to character defining features, such as front porches. • Lightwells must be protected with a flat grate, rather than a railing or may not be visible from a street. • Lightwells that face a street must abut the building foundation and generally may not “float” in the landscape except where they are screened, or on an AspenModern site. Not Met 24 Page 11 of 16 9.7 All relocations of designated structures shall be performed by contractors who specialize in moving historic buildings, or can document adequate experience in successfully relocating such buildings. • The specific methodology to be used in relocating the structure must be approved by the HPC. • During the relocation process, panels must be mounted on the exterior of the building to protect existing openings and historic glass. Special care shall be taken to keep from damaging door and window frames and sashes in the process of covering the openings. Significant architectural details may need to be removed and securely stored until restoration. • The structure is expected to be stored on its original site during the construction process. Proposals for temporary storage on a different parcel will be considered on a case by case basis and may require special conditions of approval. • A historic resource may not be relocated outside of the City of Aspen. Met Chapter 11: New Buildings on Landmarked Properties Finding 11.1 Orient the new building to the street. • Aspen Victorian buildings should be arranged parallel to the lot lines, maintaining the traditional grid pattern. • AspenModern alignments shall be handled case-by-case. • Generally, do not set the new structure forward of the historic resource. Alignment of their front setbacks is preferred. An exception may be made on a corner lot or where a recessed siting for the new structure is a better preservation outcome. Met 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. • The front porch shall be functional, and used as the means of access to the front door. • A new porch must be similar in size and shape to those seen traditionally. Met 11.3 Construct a new building to appear similar in scale and proportion with the historic buildings on a parcel. • Subdivide larger masses into smaller “modules” that are similar in size to the historic buildings on the original site. • Reflect the heights and proportions that characterize the historic resource. Met/Not Met 11.4 Design a front elevation to be similar in scale to the historic building. • The primary plane of the front shall not appear taller than the historic structure. Not Met 25 Page 12 of 16 11.6 Design a new structure to be recognized as a product of its time. • Consider these three aspects of a new building; form, materials, and fenestration. A project 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. • When choosing to relate to building form, use forms that are similar to the historic resource. • When choosing to relate to materials, use materials that appear similar in scale and finish to those used historically on the site and use building materials that contribute to a traditional sense of human scale. • When choosing to relate to fenestration, use windows and doors that are similar in size and shape to those of the historic resource. Met 11.7 The imitation of older historic styles is discouraged. • This blurs the distinction between old and new buildings. • Overall, details shall be modest in character. Met Chapter 12: Accessibility, Architectural lighting, Mechanical Equipment, Service Areas, and Signage Finding 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. • Place mechanical equipment on the ground where it can be screened. • Mechanical equipment may only be mounted on a building on an alley façade. • Rooftop mechanical equipment or vents must be grouped together to minimize their visual impact. Where rooftop units are visible, it may be appropriate to provide screening with materials that are compatible with those of the building itself. Use the smallest, low profile units available for the purpose. • Window air conditioning units are not allowed. • Minimize the visual impacts of utility connections and service boxes. Group them in a discrete location. Use pedestals when possible, rather than mounting on a historic building. • Paint mechanical equipment in a neutral color to minimize their appearance by blending with their backgrounds. • In general, mechanical equipment should be vented through the roof, rather than a wall, in a manner that has the least visual impact possible. • Avoid surface mounted conduit on historic structures. Met Staff Findings: Conceptual design review focuses on location and form of the envelope of the structure(s) and/or addition(s), including height, scale, massing and proportions. These elements of the 26 Page 13 of 16 proposed development generally do not suffice the Historic Preservation Design Guidelines. The following elements warrant particular attention, refinement, redesign, or reconsideration: Site Planning and Landscape Design • The setback-to-setback development does not satisfy Guideline 1.1. It allows for porosity on the site beyond the 5-feet side setbacks. Rather than demonstrate that the building footprint and location respect the traditional patterns of the neighborhood and historic development or context of the block, the application demonstrates that the project reinforces contemporary development patterns and recent development in the neighborhood. It is uncharacteristic of the historic context. It leaves little useful open space visible from the street. • The application does not meet Guideline 1.6. It does not “provide a simple walkway.” Rather than “running perpendicular from the street to the front entry,” the proposed walkway jogs around the proposed floating light well. According to this guideline, “meandering walkways are not allowed.” Adding to its complexity, the width of the proposed entry sidewalk also varies, including a section where it is 6 feet wide. Guideline 1.6 states that “a new entry sidewalk should generally be three feet or less.” • By not providing positive open space within a project site, the application does not meet Guideline 1.7. Rather than consolidating open space to support and complement the historic building, many small, unusable areas comprise what open space exists. That which is lost by relocating the historic resource into the side setback only serves to make the new detached building more prominent. The open space that would otherwise be created to the east of the historic resource is bifurcated by the long walkway from the street to the new building and interrupted by the freestanding lightwell. The extra separation between detached buildings is imperceptible from the street. Building Materials • The application provides no evidence that the proposed alterations to the historic resource, including the changing the pitch of the side-gable and west porch roofs, and removing the eave from the west side of the front-gable roof, will not remove original building materials. The application includes no historic photographs or physical evidence of the historic resource’s original materials. Accordingly, the proposed alterations of the historic resource are speculative. The material is presumed to be historic until a preponderance of evidence shows otherwise. Removing it does not meet Guideline 2.1. • As it includes removing siding that is in good condition, the proposed means of relocating the historic resource does not meet Guideline 2.1. 27 Page 14 of 16 • The application provides no evidence that the proposed alteration of the historic resource will “match the original material in composition, scale and finish,” and “replace only the amount required.” The application includes no historic photographs or physical evidence of the historic resource’s original materials. Accordingly, the proposed alteration of the historic resource is speculative. Until a preponderance of evidence shows otherwise, the material is presumed to be historic. Removing it does not meet Guideline 2.3. • It is unclear that the proposed alteration of the historic resource will “remove layers that cover the original material” and meet Guideline 2.6. The application includes no historic photographs or physical evidence suggesting that non-historic layers cover original material. Removing layers without evidence of the historic conditions risks removing original material. The material is presumed to be historic until a preponderance of evidence shows otherwise. Removing it does not meet Guideline 2.6. Windows • The application does not meet Guidelines 3.1 – 3.7. It proposes to change the size and character of a window on the west façade of the historic resource. If the application intends to claim that this existing window is not historic, it must provide evidence of such. It is presumed to be historic until a preponderance of evidence shows otherwise. Doors • According to Guideline 4.5, “adding new doors on a historic building is generally not allowed…Greater flexibility in installing a door in a new location may be considered on rear or secondary walls.” The proposed sliding door (D31) is located on such a wall at the rear of the historic resource. While part of it advantageously occupies an existing door opening and is a product of its own time, the new door is not similar in scale and style to historic openings on the building. Porches • The application provides no evidence that the existing porches, their materials and details are not original. They are presumed to be historic until a preponderance of evidence shows otherwise. Altering them; including changing the pitch of west porch roof, replacing the posts, and removing the corbels; therefore, does not meet Guideline 5.1 or 5.2. • The application provides no evidence that “reconstruction is necessary.” The proposal to reconstruct the porches, therefore, does not meet Guideline 5.4. Although the HP Design Guidelines do not define it, the Land Use Code defines “reconstruction” as “to 28 Page 15 of 16 rebuild an existing structure, or part of a structure in kind following destruction.” The application does not provide evidence that destruction occurred. Architectural Details • The application provides no evidence that the proposed alterations to architectural features of the historic resource; including changing the pitch of the side-gable and west porch roofs, and removing the eave from the west side of the front-gable roof; will not destroy significant architectural features. The application proposes to remove and replace architectural features that are not deteriorated. Accordingly, it does not meet Guidelines 6.1 and 6.3. • Because the proposed replacement of features is not based on original designs substantiated by physical or pictorial evidence, the application does not meet Guideline 6.4. • Because the application provides no physical or photographic evidence, the proposed alterations of architectural features of the historic resource; including changing the pitch of the side-gable and west porch roofs, and removing the eave from the west side of the front-gable roof; appears “guess at ‘historic’ designs for replacement parts. As “adding new conjectural detailing for which there is no documentation is inappropriate,” the application does not meet Guideline 6.5. Roofs • The application states that the main gables are original, but proposes to alter the front slope of the west side gable. The application, therefore, does not meet Guideline 7.1. • The application provides no evidence, that “the front porch roof was altered at some point.” It provides no evidence that “the original shape of the West porch roof can be determined by the existing framing and trim.” It provides no evidence of the “shape, size, and slope” of the original porch roof. Until a preponderance of evidence shows otherwise, the porch roof is presumed to be historic. By proposing to alter the angle of a historic roof, especially a slope seen from the street, the application does not meet Guideline 7.1. • As the application proposes to remove the eave from the west slope of the front gable, it does not meet Guideline 7.2. The eave is presumed to be historic until a preponderance of evidence suggests otherwise. Excavation, Building Relocation and Foundations • As it has not been “demonstrated that on-site relocation is the best preservation alternative,” and “relocation would result in the need to reconstruct a substantial area 29 Page 16 of 16 of the original exterior surface of the building above grade,” the application does not meet Guideline 9.2. • The visual impact of lightwells is not minimized. Guideline 9.6 explicitly states that “lightwells that face a street must abut the building foundation and generally may not ‘float’ in the landscape.” The proposed lightwell east of the historic resource fails to meet this guideline. • The application does not mention how existing openings, historic glass, and significant architectural details will be protected during relocation pursuant to Guideline 9.7. New Buildings on Landmarked Properties • The new building does not appear similar in scale and proportion with the historic building. The larger masses are subdivided in to smaller “modules,” but not that are similar in size to the historic building. The heights and proportions that characterize the historic resource are not reflected. Accordingly, the application does not meet Guideline 11.3. • As the front elevation is not similar in scale to the historic building and the primary plane of the front appears taller than the historic structure, the proposed new building does not meet Guideline 11.4. 30 Page 1 of 2 Exhibit B Relocation Criteria - Staff Findings 26.415.090 – Standards for the relocation of designated properties. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or 3. The owner has obtained a certificate of economic hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. 31 Page 2 of 2 Relocation Review Criteria for 406 W Smuggler St. The applicant requests a relocation review for the temporary relocation of the historic resource roughly 36 feet south of its current location, then its permanent relocation roughly 26 feet north and 7 feet west therefrom to a location roughly 12 feet southwest of its current location. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: Finding 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district. N/A 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property N/A 3. The owner has obtained a certificate of economic hardship. N/A 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties. Met/Not Met Additionally, for approval to relocate all of the following criteria must be met Finding 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation. Met/Not Met 2. An appropriate receiving site has been identified. Met/Not Met 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. Not Met Staff Findings: Although the architect and the house-moving contractor have deemed the building capable of withstanding the relocation, a structural engineer has yet to confirm this determination. The current/proposed parcel is an appropriate receiving site for the building. The proposed location within the side setback of the property, however, necessitates a variation from current zoning. While it does not necessarily contradict historic patterns of development in the area, the proposed location does not meet current standards for development. The provided House Moving Plan indicates that the front porches of the historic resource will be removed. Consequently, this proposal not only fails to meet the Historic Preservation Design Guidelines, it fails to account for the porches during relocation. Apparently, the west porch and the infrastructure necessary to support the front of the house will encroach on Smuggler Street. The Engineering Department will not permit storage in the roadway. A more detailed plan must be developed. 32 Page 1 of 3 Exhibit C Historic Preservation – Benefits – Variations Criteria - Staff Findings 26.415.110 - Benefits: (c) Variations. Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. (1) The HPC may grant variations of the Land Use Code for designated properties to allow: a. Development in the side, rear and front setbacks; b. Development that does not meet the minimum distance requirements between buildings; c. Up to five percent (5%) additional site coverage; d. Less public amenity than required for the on-site relocation of commercial historic properties. (2) In granting a variation, the HPC must make a finding that such a variation: a. Is similar to the pattern, features and character of the historic property or district; and/or enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. 33 Page 2 of 3 Staff Finding: According to Sec. 26.415.110(c), “Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards.” The proposed 5-foot side setback variation for the historic resource does not “create development that is more consistent with the character of the historic property than what is required by the underlining zoning.” As there was no building on the site historically and the property is not within a historic district, a 5-foot side setback is not “similar to the pattern, features, and character of the historic property or district.” It also does not “enhance or mitigate an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district.” The application does not address how the proposed setback variation meets the criteria. While it does not necessarily contradict historic patterns of development in the area, the proposed location within the side setback facilitates an overall site plan that does. Rather than serving the historic resource, the proposed location serves the proposal to maximize development on the property. The application explains that the variation “makes for much better construction methods by having the full slab of the garage supported evenly on the same type of foundation.” This rationale fails to clarify how the proposed variation meets the established criteria, account for the proposed expansion of the northwest corner of the basement beyond the garage above it and fails to explain why the north wall of the garage cannot be located 5 feet south to meet basement at its required setback. Variation Review Criteria for 406 W. Smuggler St. The applicant requests a side setback variation of 5 feet, and a rear setback variation of 5 feet for the purposes of developing a basement directly below the garage as part of a new detached building at the rear of the property and relocating the historic resource toward the southwest of the property. In granting a variation, the HPC must make a finding that such a variation either: Finding Is similar to the pattern, features and character of the historic property or district; or Met/Not Met Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property, or historic district. Not Met 34 Page 3 of 3 Should the applicant proceed with proposing the wing wall that extends into the rear setback, an additional variation request is required. This feature does not align with the language regarding architectural projections in Sec. 26.575.020(e)(5)g and is therefore not exempt. This can be further discussed at final review. 35 Page 1 of 1 Exhibit D Residential Design Standards - Variations Criteria - Staff Findings 26.412.020 – Procedures for Review: (d) Variation Review Standards. An application requesting a variation from the Residential Design Standards shall demonstrate and the deciding board shall find that the variation, if granted would: (1) Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010(a)(1)—(3); or (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding: The City's Residential Design Standards are intended to ensure a strong connection between residences and streets; ensure buildings provide articulation to break up bulk and mass; and preserve historic neighborhood scale and character. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute positively to the streetscape. The design standards in Sec. 26.410.030 – Single-Family & Duplex Standards apply to the new detached development at 406 W. Smuggler St. As installing more than one non-orthogonal window at 406 W. Smuggler St. does not meet the intent of the Non-Orthogonal Window Limit, let alone the Residential Desing Standards’ general intent statements, and is not “clearly necessary for reasons of fairness related to unusual site- specific constraints” it does not meet the criteria for a variation. Variation Review Criteria for 406 W. Smuggler St. The applicant requests a variation from the Non-orthogonal Window Limit for the purpose installing “more than one (1) non-orthogonal window on each façade of the building that faces the street,” and from Lightwell/Stairwell Location standard for the purpose of locating a lightwell between the front-most wall of a street-facing façade and a street. An application requesting a variation from the Residential Design Standards shall demonstrate that the variation, if granted would either: Finding Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010(a)(1)—(3); or Not Met Be clearly necessary for reasons of fairness related to unusual site-specific constraints Not Met 36 To: Stuart Hayden HPC Community Development Department From: Joseph Pewitt Permit Coordinator Parks & Open Space Department Date: June 20, 2025 Subject: Parks Department Referral Comments Project: LPA-25-044, 406 W Smuggler St. – HPC Conceptual Major Review These comments are not intended to be exhaustive, but an initial response to the project conceptual packet submitted for the request of a conceptual major review and other requirements may be requested at time of permit submittal. Comments: 1. The City of Aspen Wildfire Mitigation Policy is intended for stand-alone tree removal permits for existing structures in the City. a. 1.11-14: The landscape plan A.1.16 does not reflect any proposed tree planting. b. A property owner intending to remove trees for fire mitigation purposes shall follow the steps as outlined in the Wildfire Mitigation Policy prior to building permit submittal. c. A tree’s location is determined by half or more of the trunk at the base existing within a given zone. d. Replanting fire-resistant species within Zone 2 will offset mitigation fees at a ratio of 2:1. For example, the removal of an existing tree with a mitigation value of $1,000 can be fully offset by the planting of a fire-resistant tree or shrub species valued at $500. i. The City Forester may also determine whether a full or partial fee waiver is warranted. ii. Replanting of Firewise species needs to occur to receive a reduction in calculated fees. If the homeowner elects to not replant trees, the entire calculated fee will be assessed. iii. Effectiveness of tree-related mitigation efforts will depend on reduction of other fuels in the landscape and structure hardening. 2. Applicant shall revise A.1.15 Tree Removal Plan to remove “Fill indicates 0’-0” to 5’-0” from proposed structures.” prior to board review. a. Applicant shall include reasons for removal in tree disposition chart at building permit. 3. Revise proposed water service alignment at or outside of T10 critical root zone (15’) to be preserved and located in the public right-of-way at building permit. 4. The Aspen Fire Protection District Wildfire Risk Map reflects the following description of the property addressed 406 W Smuggler Street as of 6/20/2025: a. Area Risk – Low, Structure Risk – High, Fireshed – Interface Low. 37 Building Permit Submittal Requirements: ➢ Permit documents shall include accurate tree surveys for all sites dated within one-year identifying locations of all trees four (4) inches or over identified by trunk diameter and species; three (3) inches or over for native species as defined by Ch.13.20.020(a). ➢ Permit documents shall include tree removal plans, site specific tree protection and preservation plans, tree mitigation plans, and irrigation plans. All Critical Root Zones to be protected and preserved shall be accurately illustrated to scale on all plan sheets with 1” of surveyed tree diameter at breast height equaling 1’ in radius of required Tree Protection Zone. The protection and preservation plans shall indicate the location of all protective zones and methodology for approval by the City Forester and prohibit excavation, storage of materials, storage of construction backfills, storage of equipment, and access over or through the zone(s) by foot or vehicle. ➢ Permit documents shall include, and note, any proposed grade changes within critical root zones of trees to be protected and preserved during site disruption. ➢ Permit documents shall include the location of all site improvements including subsurface improvements such as utilities, irrigation infrastructure, or foundation work. ➢ Tree Protection Zones shall be erected at the limits of Critical Root Zones to be protected and preserved throughout construction until a Certificate of Occupancy is issued for all proposed sites unless otherwise approved by the City Forester. ➢ Protection areas shall be established on site to protect existing natural resources as appropriate, including trees not included in the definition set forth in 13.20.020(a). ➢ A Development-Related Tree Removal / Critical Root Zone Excavation Permit shall be submitted, reviewed, and issued by the City Forester upon completion of Parks & Open Space building permit application review. ➢ Tree Removal Permit issuance and Parks initial inspection are required prior to activity occurring on site. Mitigation for removals must be met by the replacement of trees on site, paying cash-in-lieu fees, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. The applicant shall explore potential planting sites around the property to allow sustainable planting and full maturation of all trees planted. 38 Memorandum TO: Gillian White, gillian.white@aspen.gov Community Development Department FROM: Kyla Smits, kyla.smits@aspen.gov Engineering Department DATE: June 9, 2025 SUBJECT: Engineering Department Referral Comments PROJECT: LPA-25-044, 406 W Smuggler, Historical Redevelopment COMMENTS: These comments are not intended to be exhaustive, but an initial response to the Land Use application submitted for review. Other requirements may be requested at time of permit. 1. The survey must be stamped by a licensed surveyor. 2. The utility easement should be listed as Bk 525 Pg 3 since the easement agreement starts on page 3. 3. Storage in the roadway will not be permitted. The resource could encroach in the ROW, but it may not block the road itself. Another plan must be developed. 4. Provide a basic stormwater and drainage plan. Provide a basic utility plan. a. The transformer easement will need to be adjusted prior to CO to reflect the current location of the transformer. b. Each duplex must have all its own utility service lines. 39 Memorandum TO: Milo Stark, Kim Raymond Architecture + Interiors FROM: Stuart Hayden, Planner II, Historic Preservation, City of Aspen DATE: 7/8/2025 PROJECT: LPA-25-044 for Historic Preservation - Major Development - Conceptual Development Plan, Demolition Review, Relocation, and Benefits - Variation Reviews at 406 W. Smuggler St. COMMENTS: These comments are not intended to be exhaustive, but an initial response to the Land Use application submitted for review. The applicant is encouraged to amend the application and/or may otherwise respond to these comments. Additional comments will likely arise from further analysis of the project's conformance with the design guidelines and other applicable Land Use Code sections. Supplemental materials may also be requested. For clarity, the comments are organized by Land Use Code section. 26.410.020 – Residential Design Standards – Variations The City's Residential Design Standards are intended to ensure a strong connection between residences and streets; ensure buildings provide articulation to break up bulk and mass; and preserve historic neighborhood scale and character. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute positively to the streetscape. The design standards in Sec. 26.410.030 – Single-Family & Duplex Standards apply to the new detached development at 406 W. Smuggler St. • The application proposes “more than one (1) non-orthogonal window on each façade of the building that faces the street,” thereby exceeding the Non- orthogonal Window Limit. o A variation is required. Pursuant to Sec. 26.410.020(d), an application requesting a variation “shall demonstrate and the deciding board shall find that the variation, if granted would: (1) Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010(a)(1)-(3); or (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. As installing more than 40 one non-orthogonal window at 406 W. Smuggler St. does not meet the intent of the Non-Orthogonal Window Limit, let alone the Residential Desing Standards’ general intent statements, and is not “clearly necessary for reasons of fairness related to unusual site-specific constraints” it does not meet the criteria for a variation. • Because the application proposes locating a lightwell between the front-most wall of a street-facing façade and a street, it does not meet the Lightwell/Stairwell Location standard. o A variation is required. Pursuant to Sec. 26.410.020(d), an application requesting a variation “shall demonstrate and the deciding board shall find that the variation, if granted would: (1) Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010(a)(1)-(3); or (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. As installing a lightwell between street and the front-most wall of the street- facing façade of the new detached building at 406 W. Smuggler St. does not meet the intent of the Lightwell/Stairwell Location standard, let alone the Residential Desing Standards’ general intent statements, and is not “clearly necessary for reasons of fairness related to unusual site-specific constraints” it does not meet the criteria for a variation. 26.415.070(d) – Certificate of Appropriateness for Major Development – Conceptual Development Plan Review Conceptual design review focuses on location and form of the envelope of the structure(s) and/or addition(s), including height, scale, massing and proportions. These elements of the proposed development generally do not suffice the Historic Preservation Design Guidelines. The following elements warrant particular attention, refinement, redesign, or reconsideration: Site Planning and Landscape Design • The setback to setback development does not satisfy Guideline 1.1. It allows for porosity on the site beyond the 5-feet side setbacks. Rather than demonstrate that the building footprint and location respect the traditional patterns of the neighborhood and historic development or context of the block, the application demonstrates that the project reinforces contemporary development patterns and recent development in the neighborhood. It is uncharacteristic of the historic context. It leaves little useful open space visible from the street. 41 • The application does not meet Guideline 1.6. Whereas “the width of a new entry sidewalk should generally be three feet or less for residential properties,” the walkway proposed to lead to the front door of the new building is three feet six inches wide. Its divergence from the width of the walkway leading to the historic resource emphasizes the predominance of the new building on the site. • By not providing positive open space within a project site, the application does not meet Guideline 1.7. Rather than consolidating open space to support and complement the historic building, many small, unusable areas comprise what open space exists. That which is lost by relocating the historic resource into the side setback only serves to make the new detached building more prominent. The open space that would otherwise be created to the east of the historic resource is bifurcated by the long walkway from the street to the new building and interrupted by the freestanding lightwell. The extra separation between detached buildings is imperceptible from the street. • The proposed landscape plan is insufficient for determining whether the proposal provides an appropriate context for the historic structure called for by Guideline 1.12. The landscaping appears to be simple and restrained, not overplanted, overtextured, or overly complex in relationship to the historic resource. In areas immediately adjacent to the landmark, new planting shall be species that were used historically or species of similar attributes, and shall not exceed 42” in height. • It is not clear whether the application meets Guideline 1.13. Additions of plant material to the landscape that could interfere with or block views of historic structures are inappropriate. Do not place trees, shrubs, or hedgerows in locations that will obscure, damage, or block significant architectural features or views to the building. The proposed crushed-pebble boarder around the historic resource is appreciated, but inconsistent. Ideally, it would also extend in front of the front bay window and the corners abutting the rear deck of the historic resource. Building Materials • The application provides no evidence that the proposed alterations to the historic resource; including the opening of a new window (HW6) on part of the north façade that was not covered by the non-historic addition, changing the pitch of the side-gable and west porch roofs, and removing the eave from the west side of the front-gable roof; will not remove original building materials. The application includes no historic photographs or physical evidence of the historic resource’s original materials. Accordingly, the proposed alterations of the historic resource are speculative. The material is presumed to be historic until 42 a preponderance of evidence shows otherwise. Removing it does not meet Guideline 2.1. • As it includes removing siding that is in good condition, the proposed means of relocating the historic resource does not meet Guideline 2.1. • The application provides no evidence that the proposed alteration of the historic resource will “match the original material in composition, scale and finish,” and “replace only the amount required.” The application includes no historic photographs or physical evidence of the historic resource’s original materials. Accordingly, the proposed alteration of the historic resource is speculative. Until a preponderance of evidence shows otherwise, the material is presumed to be historic. Removing it does not meet Guideline 2.3. • Please clarify on what part of the project fire-resistant siding is proposed. Is “the new part of the building” the part of the historic resource exposed by the removal of the non-historic addition, or is it the new building? Installing fire- resistant siding on the former does not meet Guideline 2.3. • It is unclear that the proposed alteration of the historic resource will “remove layers that cover the original material” and meet Guideline 2.6. The application includes no historic photographs or physical evidence suggesting that non- historic layers cover original material. Removing layers without evidence of the historic conditions risks removing original material. The material is presumed to be historic until a preponderance of evidence shows otherwise. Removing it does not meet Guideline 2.6. Windows • The application does not meet Guidelines 3.1 – 3.7. It proposes to remove a window from the east façade and change the size and character of a window from the west façade of the historic resource. If the application intends to claim that these existing windows are not historic, it must provide evidence of such. They are presumed to be historic until a preponderance of evidence shows otherwise. • Adding a window (HW6) to a part of the north façade of the historic resource that was not covered by the non-historic addition does not meet Guideline 3.7. There is greater flexibility to install a new window on a rear wall, but “restoring an original window opening that was enclosed in the past,” pursuant to Guideline 3.5, is preferred. Doors 43 • Altering the exterior trim of the doors on the south façade, as is apparent in the elevation drawings, does not meet Guideline 4.1. • The application does not provide evidence that the screen doors are not historic. They are presumed to be historic until a preponderance of evidence shows otherwise. Removing them, therefore, does not meet Guideline 4.1. • Altering the paneling of the west door on the south façade, as is apparent in the elevation drawings, does not meet Guideline 4.1. • If the door on the south end of the west façade is proposed to be sealed shut, as is apparent in the elevation drawings, it “must be reversible so that the door can be used at a later time” pursuant to Guideline 4.1. Porches • The application provides no evidence that the existing porches, their materials and details are not original. They are presumed to be historic until a preponderance of evidence shows otherwise. Altering them; including changing the pitch of west porch roof, replacing the posts, and removing the corbels; therefore, does not meet Guideline 5.1 or 5.2. • The application provides no evidence that “reconstruction is necessary.” The proposal to reconstruct the porches, therefore, does not meet Guideline 5.4. Although the HP Design Guidelines do not define it, the Land Use Code defines “reconstruction” as “to rebuild an existing structure, or part of a structure in kind following destruction.” The application does not provide evidence that destruction occurred. Architectural Details • The application provides no evidence that the proposed alterations to architectural features of the historic resource; including changing the pitch of the side-gable and west porch roofs, and removing the eave from the west side of the front-gable roof; will not destroy significant architectural features. The application proposes to remove and replace architectural features that are not deteriorated. Accordingly, it does not meet Guidelines 6.1 and 6.3. • Because the proposed replacement of features is not based on original designs substantiated by physical or pictorial evidence, the application does not meet Guideline 6.4. 44 • Because the application provides no physical or photographic evidence, the proposed alterations of architectural features of the historic resource; including changing the pitch of the side-gable and west porch roofs, and removing the eave from the west side of the front-gable roof; appears “guess at ‘historic’ designs for replacement parts. As “adding new conjectural detailing for which there is no documentation is inappropriate,” the application does not meet Guideline 6.5. Roofs • The application states that the main gables are original, but proposes to alter the front slope of the west side gable. The application, therefore, does not meet Guideline 7.1. • The application provides no evidence, that “the front porch roof was altered at some point.” It provides no evidence that “the original shape of the West porch roof can be determined by the existing framing and trim.” It provides no evidence of the “shape, size, and slope” of the original porch roof. Until a preponderance of evidence shows otherwise, the porch roof is presumed to be historic. By proposing to alter the angle of a historic roof, especially a slope seen from the street, the application does not meet Guideline 7.1. • As the application proposes to remove the eave from the west slope of the front gable, it does not meet Guideline 7.2. The eave is presumed to be historic until a preponderance of evidence suggests otherwise. • The proposed chimney does not meet Guideline 7.4. This vent is not minimized, carefully placed or painted a dark color. o Reconstructing a missing chimney pursuant to Guideline 7.5 necessitates documentation of the missing chimney. • Because the application does not identify the synthetic-shingle roofing material with which it proposes to replace the wood shingles on the historic resource, it is unknown whether the material meets Guidelines 7.7 and/or 7.8. Excavation, Building Relocation and Foundations • As it has not been “demonstrated that on-site relocation is the best preservation alternative,” and “relocation would result in the need to reconstruct a substantial area of the original exterior surface of the building above grade,” the application does not meet Guideline 9.2. 45 • The visual impact of lightwells is not minimized. Guideline 9.6 explicitly states that “lightwells that face a street must abut the building foundation and generally may not ‘float’ in the landscape.” The proposed lightwell east of the historic resource fails to meet this guideline. • The application does not mention how existing openings, historic glass, and significant architectural details will be protected during relocation pursuant to Guideline 9.7. Building Additions • The application fails to include evidence that the rear addition is not historic. Until it is preponderantly evident that the rear addition is a more recent addition, its proposed removal does not meet Guideline 10.2. • As there is no new addition proposed, Guidelines 10.4 – 10.15 do not apply to this application New Buildings on Landmarked Properties • The new building does not appear similar in scale and proportion with the historic building. The larger masses are subdivided in to smaller “modules,” but not that are similar in size to the historic building. The heights and proportions that characterize the historic resource are not reflected. Accordingly, the application does not meet Guideline 11.3. • As the front elevation is not similar in scale to the historic building and the primary plane of the front appears taller than the historic structure, the proposed new building does not meet Guideline 11.4. 26.415.080 – Demolition of Designated Historic Properties It is the intent of this Chapter to preserve the historic and architectural resources that have demonstrated significance to the community. Consequently, no demolition of properties designated on the Aspen Inventory of Historic Landmark Site and Structures or properties within a Historic District will be allowed unless approved by the HPC in accordance with the standards set forth in this Section. • The application does not demonstrate that the part of the structure to be removed “does not contribute to the significance of the parcel or Historic District in which it is located;” that “the loss of the building…would not adversely affect the…architectural or aesthetic relationship to adjacent designated properties;” 46 and that “demolition of the structure will be inconsequential to the historic preservation needs of the area.” 26.415.080 – Relocation of Designated Historic Properties The intent of this Chapter is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical relationship to their surroundings. It is recognized that occasionally the relocation of a building may be appropriate as an alternative to demolition or have limited impact on the attributes that make it significant. For approval, the project must be found to conform with the Historic Preservation Design Guidelines, the standards and criteria set forth in Sec. 26.415.080(c), and any other applicable Land Use Code sections. Standards • The application has not demonstrated that the “relocation activity is an acceptable preservation method given the character and integrity of the building…and its move will not…diminish the historic, architectural or aesthetic relationships of adjacent designated properties.” Criteria • Because the proposed location of the historic resource is within the side setback, an appropriate receiving site has not been identified. • An acceptable plan has not been submitted “providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security.” 26.415.110(c) – Benefits – Variations According to this section of the Land Use Code, “dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards.” To grant a variation, the HPC must find that such a variation “is similar to the pattern, features and character of the historic property or district; and/or enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district.” • The proposed 5-foot side setback variation for the historic resource does not “create development that is more consistent with the character of the historic property than what is required by the underlining zoning.” As there was no building on the site historically and the property is not within a historic district, 47 a 5-foot side setback is not “similar to the pattern, features, and character of the historic property or district.” It also does not “enhance or mitigate an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district.” o The application does not address how the proposed setback variation meets the criteria. • The proposed 5-foot rear setback variation for the new building does not “create development that is more consistent with the character of the historic property than what is required by the underlining zoning.” As there was no building on the site historically and the property is not within a historic district, a 5-foot rear setback is not “similar to the pattern, features, and character of the historic property or district.” It also does not “enhance or mitigate an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district.” o The application does not address how the proposed setback variation meets the criteria. o If it is necessary to have “the full slab of the garage supported evenly on the same type of foundation; eliminating the difficult detail of detail of slab over living space and then slab on grade over just compacted gravel,” perhaps the north wall of the garage should move south to meet the required setback of the basement below it. o The “architectural projection” on the Unit 1 garage is not an allowed projection listed in Sec. 26.575.020(e)(5). Additional Notes, Questions and Comments: • The Existing Elevations: South & West are incomplete and/or inaccurate. They omit posts, lights, and other details on the porches; screen doors; as well as cornice details and beavertail shingles on the oriel window. The ceiling of the east porch appears to be lower than it is. The glassing in the east door on the south façade is not drawn accurately. 48 MEMORANDUM TO: Stuart Hayden, Historic Preservation Officer FROM: Owen Palcsik, Planner Technician DATE: 06/20/2025 RE: Zoning Referral Comments – LPA-25-044 – 406 West Smuggler Street Please respond to the following before board approval: 1. It appears that the proposed addition approaches the height limit. Provide a height over topography table with natural grade, finished grade, and all relevant height points noted. 2. Confirm with relevant departments that a roof can extend into the utility easement. 3. This proposal already includes setback variances for the subgrade and deck area. Include an additional variance request for the wing wall that extends into the rear setback. This feature does not align with the language regarding architectural projections in Sec. 26.575.020.e.5.g. The following details will be needed for permit review: 1. Please revisit the floor area calculation for the garage. The two garage spaces should not be distinguished by the unit they serve. Rather, the first 500 sf of the entire garage will be 100% exempt, and the next 500 sf will be 50% exempt. This will reduce the countable floor area of the garage as a whole. 2. If exterior lighting is included in this permit, please ensure it is compliant with Sec. 26.512, Exterior Lighting. Refer to 26.512.040, Submittal Process, for guidance regarding required submissions. 3. Provide relevant dimensions of each parking space, as indicated in Sec. 26.515.070.b, Off-Street Parking Requirements, General. A variety of other requirements may be necessary for building permit submittal and zoning review. 49 March 28, 2025 Stuart Hayden Gillian White Historic Preservation Commission Aspen, CO 81611 Dear Stuart, Gillian and Members of the Commission, Thank you for your time and consideration of this project located at 406 W Smuggler. We have the opportunity with this project to restore a very unique miner’s cabin. Historic Aspen was full of small “L” style cabins in the late 1800’s, most built between 1880-1893. The cabin we have here, though is diUerent; unique from all the others we have seen either in person or in the archives that we have scoured for historic information. The home located at 406 W Smuggler has an interesting history of its own. It began as a classic miner’s cabin, as is seen by the trim on the exterior which shows the shape of the typical “L” style; with a main gable facing the street with another gable set back and running parallel to the street to create the space for a front porch. At some point, either right away, or some years later, another roof was added to the right side of the main gable; a long sloping shed roof that runs from near the top of the main gable. This shape roof was not typical during the time frame of the late 1800s for a roof line over main living areas. The shed roofs were mainly used on the back of homes to create smaller spaces that were added on as a family grew and storage or smaller rooms were needed. It is a mystery as to when this addition was added, as there is exterior sheathing on the east wall under the main gable AND there is old exterior sheathing on the exterior of the wall under the shed roof. The conundrum is that we also found that the east wall is framed with newer lumber. The east wall assembly currently is: 5/8” GWB nominal sized (new) lumber 3/8” GWB historic wallpaper to match west wall of room 1” sheathing running horizontally another 1” running both horizontal and vertical Exterior lap siding These photos are the East and West walls in the bedroom under the shed roof, to the east of the main gable. K IM R AYMOND A RCHITECTURE + I NTERIORS 50 East Wall West Wall Please note that there is evidence of lap siding on the exterior of the West Wall. You can see nail holes and discoloration that would indicate lap siding having been there at some time. Interestingly, at this point, there is no evidence of historic studs in the East wall. Also curious is that the wallpaper was placed on the exterior sheathing of the west wall also. There are instances of walls being just two layers of 1” sheathing, but in this case, we find it of note that the wall under the main gable is framed with 2x4 studs and 1” sheathing and the east wall is just two layers of 1” sheathing. Perhaps this area was originally outside space; storage space, of some sort and then enclosed for interior living at some future date. The materials seem to be the same age, but the assemblies are diUerent in the 2 walls. We believe this should be saved as historic due to it’s age and unique expression of construction. At this point, until we can do a full investigation of the entire wall, we do not know if there is also old framing in this wall. It does make sense that the east side bedrooms were added later to a typical cabin, because we found wallpaper stuck directly to the exterior sheathing on both the east and west walls in the bedroom; one the east face of the west wall and on the west face of the east wall. Then in 1973, the home was moved to it’s current location by Dick Kienast and his wife. The family was growing at the time, so when it was moved, a basement was created and another addition was put on the back of the home. This back portion is clearly not historic and is a distraction to the original cabin. The family that lived in this house played an important part in the history of Aspen. Dick Kienast, the father of 4 boys, was also a good friend of Hunter S. Thompson. When 51 Thompson was not elected as sheriU in 1970, Dick made a run for this oUice in the next election. It took one more attempt, and he was elected by a landslide in 1976. His platform was to ‘soften’ the face of the police force in town. He wanted to rule with compassion and love; not “badass and brutality”. He became known as Dick Dove and his police were the “Department of Love”. SheriU Kienast changed the face of law enforcement in Aspen during his reign between (1976-1986) and some of the people he hired are still serving the public of Aspen and the Roaring Fork valley in various roles in our police and justice system. His sons recently sold the family home to Dax Mitchell, who is very interested in historic preservation and in creating a tribute to “Dick Dove”. You will see small details throughout the project that honor him. To that end, we have been directed to bring the home back to the unique miner’s cabin, at the front of the lot, with an addition in the back that is only connected below grade to create a duplex that appears to be two separate single family residences . We feel like this is an exemplary project of Historic Preservation. It is exciting to preserve a cabin that is so unique as this one. Below is a summary of how the Historic Preservation Guidelines have been followed in our Design of this special property. DESIGN GUIDELINES: CONTEXT Chapter 1 SITE PLANNING AND LANDSCAPE DESIGN 52 To maintain the historic development patterns, we used the Sanborn maps and photos of Historic Aspen. Although this home was moved to the center of this lot in 1977, we feel strongly that it should be located in a more appropriate historic location; one that honors the historic development patterns; closer to the front of the property. 1.1 Respect Historic Development Patterns -The proposed footprint of the miner’s cabin reinforces the traditional patterns of the neighborhoods in the West end of town. The historic pattern of miner’s cabins were oriented on a grid that was very rectilinear, with the front facades all parallel to the street. Most were set pretty close to the street to allow for a larger back yard. The back yards typically had out buildings along the alleys; which were typically put right on the property lines. We have placed the front facade of historic miner’s cabin 1’-9” behind the current front yard setback of 10’, (over 25 feet from Smuggler Road) and centered in the lot. This makes the cabin the focal point of the property from the pedestrian’s perspective. Bringing it forward makes it more visible along the streetscape. -The porosity of the lot was maintained around the cabin with 12’-6” on the west side and 21’-2” on the east side. The side yard setbacks provide 10’ of open space to the west of the new development at the back side of the property and 5’ on the east side. In trying to keep the new development away from the cabin, allowing for as much ‘breathing’ space as feasible, we pushed the new construction as far to the back as possible. In doing this, we had to make it a bit wider. We feel that having the bulk of the mass to the back of the lot allows the cabin to have a lot of usable yard surrounding it. We also kept the larger setbacks on the same side of the lot, the East side, for both buildings to be able to see all the way through the lot with a wide side yard. 1.2 Preserve the Character of Streets, Alleys and Ditches - This lot does not have one of the historic ditches - No streets or alleys will be abandoned or altered in this project - The alley will be used to access the new garage, with other utilitarian uses being on the alley side of the development or in the portion of the lot on the side yards; screened from view . 1.3&4 Driveways and Parking - The driveway is oU the alley to preserve the pedestrian friendly environment of the West End. There are also one additional parking space on the lot on the west side, also accessed oU the alley; giving both sides of the duplex two parking spaces oU the street. 1.5-10 Yards, Walkways and patios - The miner’s cabin has been moved forward on the lot to become the focal point of the property. Being on a 60’ wide lot allows for a large expanse of yard around the 53 resource, creating a nice transition from public to semi-public space leading to the entry. - There will be a 3’ wide concrete walkway to the porch of the cabin to align with the historic pattern of these miner’s cabins. The second walk on the lot will be set to the east side of the yard to access the front door of the rear unit. This walk will be a darker color stone paver, 3’-0” wide will jog as it leads entry porch. This material and width will set is apart as an element of our time. The jog in the path will allow for landscaping to screen the path from the street view. - A large expanse of yard is created at the front half of the lot with the 36’ wide cabin set into a 60’ wide yard, providing large areas of open space on each side. - A civil engineer will design a storm water system to protect the resource with positive drainage away from the building, using historic drainage patterns where possible, and using modern methods below grade to contain excess runoU. 1.11-14 Landscape and Lighting - The landscaping plan followed the guidelines as outlined by Zones A, B and C. The photos of the lot, when the house was moved show no trees or gardens on the lot. There will be a border of stones around the footprint of the historic resource to help with positive drainage. - The trees that were planted after the move have grown into large trees that block the view of the cabin from the street. We have worked with the Parks Dept. to come up with a plan to remove the trees on the lot, due to fire safety codes they are implementing. Please see the landscape plan to for the planting plan. - The proposed lighting is very minimal per section 1.14. There will be no lights in Zone A, and just a porch light on the historic resource. In Zone B, there will be minimal lighting to help guide people to the entrance in the rear of the lot. - There will be a front porch light on the rear unit of the duplex. 1.15-23 Fences, Retaining walls and Site grading - There is not a fence on the lot currently, nor was there a fence in 1977 when the home was first moved to it’s current location. We are not proposing a fence along Smuggler Avenue; but will repair the fences that are on the properties to both the east and west of our project. - There is no need for a retaining wall on this site and the proposed grading will be very minimal; just enough to drain water from the buildings and keep the historic drainage patterns as much as possible. - There is no significant landscaping on the property to maintain or restore. DESIGN GUIDELINES: REHABILITATION Chapter 2 BUILDING MATERIALS 2.1-6 Treatment of Materials - The historic part of this building has typical, horizontal wood siding that has been painted. The exposed siding is in good condition and will be repaired as necessary. 54 - The siding on the new part of the building will be a fire-resistant material mostly horizontal in nature, to be complimentary to the historic resource. The new siding will be approximately the same dimension in width (or exposure); but will be a modern material installed as a rainscreen to be energy eUicient and a product of our time. Chapter 3 WINDOWS - All historic windows will be retained, repaired / restored. An accounting of all the windows on the historic resource and how they will be managed will be provided prior to construction. Where exterior walls have become interior and that will be Restored to exterior once again, the framing will be explored to see what can be determined regarding historic openings. The replacement windows will be as close to the historic as possible; double hung and proportionate to the wall as seen in the existing historic walls. Storm windows may be added to the interior of the building for energy eUiciency. Chapter 4 DOORS - This cabin, unlike many historic homes, has three front doors. All three will be saved and preserved. The door facing the street on the west porch will be the entry door to the new residence. There are no historic screen doors on this home and we will not add any. - The location of a back door can be seen on the photos. We will restore a door to this location to be used again, as the back door. It will be the same style as other secondary doors on this type of cabin. - A new door is proposed in a new restored wall on the west side of the back of the cabin. Since this wall is not historic, and cannot be seen from the street, we are proposing a larger door with more glazing to add some much needed light into the historic cabin. - The hardware, if existing and usable will be preserved. If not operational, we will find new hardware that is similar in style and size. Chapter 5 PORCHES AND BALCONIES - When the home was moved onto the lot on Smuggler, the porch floors and columns were removed; but the roofs were still connected. We do have photos of the building prior to and during the move, so we are proposing to reconstruct the porch as closely as possible to the original, with the use of photos of this home and others of this style and from the same time frame. There are many examples of how this is very successful as preservation/restoration method. The existing porch roof doess not appear to be historic, as the signs of the original framing are clearly seen. We will investigate further during construction. - The columns and eave and trim details will be researched with photos and on the building to recreate the historic appearance. - No handrails or guardrails will be added to this building - There are no balconies on this little cabin 55 Chapter 6 ARCHITECTURAL DETAILS - The little bit of decorative detail on this building will be restored by the use of the photos we have of the building. The main details will be at the porch roof, columns and the box window on the front façade. The preservation plan that will be submitted with the building permit will detail how we are going to handle these details. Chapter 7 ROOFS - The shape of the two main gables on this cabin are original and in good shape. The front porch roof was altered at some point. The original shape of the West porch roof can be determined by the existing framing and trim. We will reconstruct the porch roof to be the same shape, size and slope as the original historic cabin. - The shed roof to the East is also historic and will be reinforced from within, to take out the sag and make it meet structural codes. - The wood shingles on the existing gables may not be historic, and need to be replaced with a fire-resistant material for insurance and ‘psychological comfort’ reasons. We are proposing a synthetic shingle that most closely resembles the historic shingles. We will bring samples to share with the Commission at final review. These shingles will be the same brand that were approved on another historic resource recently. - As the development of new building materials continues to progress, we will continue to monitor what else becomes available throughout our construction time to see if there is a material that is a better choice before we purchase the ones that are approved at this hearing. Of course, we will present any new options to the Monitor or entire HPC if we find anything. - Gutters will be the half round, metal style that were used early on. The placement of these gutters will be minimal especially at the front of the historic building. Chapter 8 SECONDARY STRUCTURES - There are no historic secondary structures on the property DESIGN GUIDELINES FOR NEW CONSTRUCTION Chapter 9 EXCAVATION, BUILDING RELOCATION AND FOUNDATIONS - This home was moved from what we think was it’s original location on West Hopkins in 1973. As you can see from the pictures taken by the family, it was a big project. - The home was located pretty much in the center of the lot, very uncharacteristic of historic planning patterns. Then two evergreen trees were planted in front of it, which now obscure the view of the home from the street. - As this is not the original location of the home, not even the original site, we are proposing moving the cabin forward on the lot to be more in line with historic front yard setback patterns; and to the west 7’ to allow space on the East of the lot to access the unit in the rear. The move forward will bring it more in line with the home to the West, and the other homes on the block. We are proposing an 11’-2” front 56 yard setback, where10’ is the required. This measures to the box window, which puts the front façade another 7” back from the street. The move to West, will give us a 5’-0 side yard setback at the cabin (the minimum required for this zone district) and 19’-0 on the East side, creating a large yard around the historic resource. - The benefit of putting the home closer to the street in accordance with historic patterns, allows more “breathing” room between the cabin and the new structure that is proposed for the rear of the lot. The two structures, as mentioned, will only be connected below grade, leaving the exterior walls of the historic cabin free from additions, looking as it would have originally. - The addition to the rear of the original miner’s cabin is proposed to be removed and will be discussed in detail below. - 9.1 Since this building has already been moved once (across town) we will take the utmost care in storing it onsite. The financial bond will be paid. - 9.2 Please see the figure ground study showing the locations of the nearby homes, noting the locations from the street. Only one is historic, but the setbacks are fairly consistent, close to the 10’ front yard setback line. This study also shows the current location of the cabin and where it is proposed to be moved. - Only the home to the east is historic on this block, the rest are more modern homes. - The relocation of this cabin will be the best preservation alternative as the cabin will be placed in the front of the lot allowing the cabin to be completely unattached above grade from the proposed addition. - The relocation will not cause the reconstruction of any historic walls. - 9.3 The new location of the home will be similar to other miner’s cabins that we have seen around town in their original locations and on the Sanborn maps; close to the front yard setback (often times even closer to the street than the 10 ft setback). - 9.4 There will not be a substantial change to the main level floor elevation from grade. There is one awkwardly small step up then another small step onto a porch. We are proposing removing that one step and just stepping up directly onto the porch. The appearance will be the similar, but the function will be much better. - 9.5 The new foundation will be concrete with about 6” of exposure from grade to wood siding. - 9.6 There are a 2 lightwells that will be near the cabin; one oU the rear porch, final one is completely behind the resource, not seen from the street at all. The ones near the porch and at the back will need to have guardrails around them per Aspen Land Use codes. The others will be around the new construction with one that is near the east side yard setback. This one will be screened with landscaping elements and will have a grate over it, no guardrails. We will use the south side of the window well as the address marker for the residence on the back of the lot. It will help screen the window well and give it a sense of purpose. It will be set back behind the front of the cabin, so it is secondary in nature and will also be surrounded w landscaping on the other three sides. 57 The home will be moved by Bailey Home movers…. Bill and his sons have moved almost every building on the west end of town! Our structural engineer will give us the plan to make the home structurally sound for the move and Bailey will work with us on exactly how he will pick up the building and move it. Please see moving plan. Chapter 10 BUILDING ADDITIONS - 10.1-2. There is one non-historic addition that was put on the original miner’s cabin. It was added to the rear of the building in 1973, when the home was moved to this site on Smuggler. Though it cannot be seen from the street, it is an addition that is a distraction from the original building and we are proposing removing it and restoring the north elevation of the cabin. - As the town raced toward becoming a ski resort, more Chalet style homes were built with large expanses of glass and the Modernist movement took hold. The architectural style in the 1970s had moved into the Bauhaus movement and Mid- Century Modern; with clean, geometric lines and windows bringing nature inside. There were also Pan Abodes still being erected, along with the A-frame style home. The addition on this home does not align with any of these architectural styles. - Since the rear addition has no historical or architectural significance, we believe the best preservation practice here is to remove it. - 10.3-4. The proposed design for this lot is to completely restore the Miner’s cabin to being the focal point and predominant building as viewed from the street. There four things we are doing to accomplish this are: 1. Bringing the cabin forward on the lot and removing the two trees that block the view of the cabin from Smuggler Street, making it the focal point. 2. Removing the non-historic addition restores the historic structure. 3. The new construction on the property will only be attached to the cabin below grade, leaving the cabin free of any exterior additions above grade. 4. The above grade massing is set as far back as possible to give space around the cabin; almost like a loose hug, but all behind the cabin. Please see the rendering from the street to see how these four moves meet this guideline. 58 5. The little cabin will be fully utilized as a free-standing residence, as it is part of a duplex now. 6. The lot is large enough that the resource is not on the front yard setback; with the front façade set back an additional 1’-9” past the required 10’-0” setback providing a large front yard and a large side yard on this 60’ wide lot. 7. The massing on the new structure is sensitive to the scale of the cabin in that the new construction is only marginally wider than the historic resource; only 6’ wider. The tall gable and ridge lines on the cabin, though only one story are quite tall. Please also note: a. The entry is the same width as the main gable of the cabin b. The entry element is one story gable, with a similar roof slope as the main gable, but is detailed to be more modern c. The gables on the upper story, that are set further back from the cabin, are both similar in width to the street facing gable on the cabin Stepped back from the front façade of the main level and separated by a flat roof. The flat area of roof is reminiscent of the ridge of the west facing gable, being similar also in length. The massing is well distributed and proportionally appropriate behind the cabin. - 10.6 To make the new structure on the property a product of it’s own time and to be a nice back drop to the historic resource, we have used a modern twist on the gable form to be compatible yet diUerent. We have eliminated the roof over hangs on the gable ends to emphasis the strong gable shape. The similar size of the gables on the new structure to the historic also give a strong tie to the miner’s cabin. - The two aspects we are using to relate strongly with historic resource are Form and Materials. We are using fenestration as the element of design that allows more creative license. As discussed, the simple lines of gables and a flat roof that could be perceived as the ridge of the west facing gable of the cabin are very strong ties to the cabin in form. The new materials will be mostly horizontal siding that will be similar in exposure to the historic wood siding. The new siding will be a fire-resistant composite applied as a rainscreen. The strong horizontal lines are very compatible with the cabin. The entry wall will have real wood siding, 4” wide, applied in a vertical orientation to distinguish it as special and inviting with the organic material. The proportions of this siding tie to the wood siding of the cabin. The fascia will also be an element that will distinguish the new building as part of our current era. The fascia will be deeper than the historic and will be wrapped in metal. This modern detail will also help convey the strong gable shapes. - The fenestration will be mostly tall, proportionately narrow windows, which are compatible with the historic double hung windows that are tall and narrow. The departure will be with the orthogonal windows in the gable. - 10.9 The new structure will be completely detached from the cabin above grade. 59 - 10.10 The new structure is placed behind the cabin by 12’ at the west side gable that is on the main level and directly behind the cabin. The two story element is 20’ from the rear of the cabin. The entry gable, that is not behind the cabin is 10’ further back on the lot than the back of the cabin. - 10.11 As discussed the proposed roof forms are very compatible with the cabin being simple gables separated by a flat roof. - 10.12 There will be no connection to the historic cabin, so no details will be lost. CHAPTER 11 NEW BUILDINGS ON LANDMARKED PROPERTIES The new construction needs to relate to the fundamental characteristics of the historic resource. The mass and scale of the new building cannot overwhelm the resource; at the same time, minimizing any addition to the historic resource and shifting square footage to the new structure is generally desired. In doing this, we can have the historic resource be free standing, without an addition or ‘linking element’. Simple forms …. Gables with a modern twist - 11.1 The new building is parallel to the street and the cabin with the front door facing Smuggler Street - 11.2 The front porch on the proposed new building is a similar size to the front porch on the historic cabin. Both are approximately 12’ wide. The gable roof of the entry porch on the new building is what draws attention to the front door and relates new construction to historic; both facing Smuggler. - 11.3 As discussed above, the proportions of the new building are similar to the historic resource at the gable ends. The new small gables are stepped back from the cabin and from the ground level to the upper level. These gables are also separated by an area of flat roof to break up the mass to keep the scale of the building similar to the cabin. There are four such gabled forms. The bulk of the new home is completely behind the resource, thus screened from view of pedestrians or motorists. Please note the front door of the new building is over 49’ from the front property line, and 65’ from Smuggler Street. - 11.4 The primary plane of the new building is the entry porch that is not directly behind and screened by the resource. The entry porch gable is only one story and the size as the main gable of the cabin with a similar roof slope. The second story of the new building is stepped back nearly 12’ from the entry element. The design also places most of the mass of the new structure behind the cabin, thus being mostly screened from view from the street. - 11.5 This lot is not part of a historic lot split. That said we did add all the new, above grade square footage to the new structure, leaving the historic resource as a free- standing cabin, front and “center” on the lot. - 11.6 This too was discussed above, but to recap how the form and materials relate: 1. Form: The simple gable forms of the roof relate very strongly to the ‘L’ style miner’s cabin. The mass is broken up with four gable roofs that are very similar in size and roof slope to the historic gables. The gable roofs on the main level are single story elements to relate to the cabin with yard space between them. On the upper story, to break up the mass and to 60 relate to the cabin there are also two gable roofs; these are separated by an area of flat roof. This flat roof relates to the ridge of the West facing gable of the cabin, as it reads as a straight line from the street at the ridgeline. The simple, iconic shape of a gable roof is a very strong connection between new and old; historic and 21 century. We did not try to implement a connection to the large shed roof. This is not a typical historic shape and does not lend itself to the simple lines on the modern building behind the cabin. 2. Materials: The horizontal siding on the new building will be the same dimension / exposure as the historic wood siding. The new siding will be fire-resistant and applied as a rain screen; with the strong lines of the horizontal application relate to the cabin’s wood siding. At the entry porch the siding will be clad with wood that is also the same dimension as the cabin siding, but it will be applied vertical and butt jointed. The wood material and size relate to the cabin, but give some interest to this one small section. The dimension of the siding relates strongly to the traditional human scale found on historic homes. The detailing of the eaves, by not having the overhangs at the gable ends relate to the cabin, definitely make this form a product of modern times. The vertical siding at the entry is also a modern use of an old material, adds contrast and interest, but still is a human scale. The corner window at the entry also gives this gable form a modern twist. - 11.7 We are not imitating any older historic styles, just keeping our design very clean and simple to relate to the miner’s cabin. CHAPTER 12 ACCESSIBILITY, ARCHITECTURAL LIGHTING, MECHANICAL EQUIPMENT, SERVICE AREAS AND SIGNAGE - The lighting will be dark sky compliant on both the historic resource and the new construction. A modest sconce will be placed on the front porches of the cabin and more modern, yet subtle lighting on the back residence to go with the more modern architecture. - The mechanical equipment is being placed at the back of the new building. The equipment will be screened from view with steel mesh that still allows the required ventilation and setbacks. LAND USE CODE SECTIONS Section 26.304 - Please see all of the required forms for this application, and the pre-app summary Section 26.410 Residential Design Standards 61 - The proposed design meets all the Residential Design Standards in Section 26.410 of the LUC fully except for one. Please see the attached RDS form. The one standard that we are looking for an alternative path is the non-orthogonal window limit, which is a flexible standard. One non-orthogonal window is allow, including a multi-window unit that is mulled together as one unit in a gable end. This we have incorporated into one of the two gable roofs that face Smuggler street. The gable end that is less obscured by the resource does not have windows up to the ceiling in the shape of the gable. The proposed second non-orthogonal window is at the entry of the new building. The strong connection of the gable size and shape to the miner’s building gable is very intentional; same width and similar ht. There are a couple of reasons we would like to add a window above the entry door. 1. In trying to make this entry more inviting and special and obviously the front entrance of the second residence on the back of the lot. 2. Making this gable read a bit more as an element of a modern home, “of it’s own time”; the triangular window is a subtle design element that is modern. We have kept the strong connection to the cabin in form and materials, even making most of the entry form wood siding instead of a more modern material; we are using the fenestration to make this entry read even more as a modern entrance to a modern home. We feel that the two non -orthogonal windows on this façade tie into the shape of the architecture surrounding the two windows and that they do not stray from the intent of this standard. They are both tall and proportionate to the building and do no distract from the rectilinear windows found on our historic resource or others in the West End. Section 26.415.070(d) Historic Preservation – Major DevelopmentCertificate of appropriateness for major development. - This is a major development with a new building being constructed behind the historic resource. - Please see all of the required documents as outlined in this section; scaled drawings and survey supplemental visuals in the form of renderings this summary of how we meet all of the Historic and Residential guidelines documents for the Land Use Application preliminary samples of exterior materials Section 26.415.080 Historic Preservation – Demolition - We are proposing only the demolition of the 1973 non-historic addition to the rear of the historic resource. This addition has no architectural significance as noted above. Section 26.415.090 Historic Preservation – Relocation 62 - This resource is not on the original lot on which it was constructed; so it’s location on this lot has no historical significance. It was moved to the center of this lot on 406 W Smuggler in 1973 by the Kienast family. - The placement in the center of the lot is not aligned with the rest of Aspen’s west end neighborhood of times past. The Sanborn maps show that most homes were placed very close to the front property line; many times closer than 10’ and mostly in line with the other homes on the block. - We are proposing relocating this home closer to the front yard setback line. This will accomplish a number of positive results: 1. More aligned with the historic patterns of front yards 2. It will not be set back from the neighbor to the west, but be more in line with the front mass of that building, and the others further west. 3. It will be more clearly visible from the street as a focal point on the lot 4. It will allow the construction of another home behind the historic resource without the need for the two buildings to be connected above grade; and to allow for more “breathing room” between the two structures - This home was moved once, all the way across town on the back of a truck. This time it will just be moved forward 9’-6” and west 7’-4” when it is placed back on a new foundation. - The structural engineer will have a detailed plan worked out to stabilize and brace the building for moving once again. This will be done in collaboration with the Bailey house moving team. All this documentation will happen prior to our final HPC hearing. Section 26.415.110(c) Historic Preservation – Benefits and Variations Dimensional variations 1.The HPC may grant variances for development in front, rear or side yard setbacks REQUIRED SETBACKS FOR THIS ZONE DISTRICT (R-6) FOR A 6000 sq. ft. lot Front yard 10’ Minimum side yard 5’ Combined side yard 15’ Rear yard 5’ for garages; 10’ for living space - Front yard – no variation sought; front façade is 11’-9” from the front property line - Rear yard - We are asking for two dimensional variations for this project; rear yard below grade living space up to the 5’ setback line for the garage. This makes for much better construction methods by having the full slab of the garage supported evenly on the same type of foundation; eliminating the diUicult detail of slab over living space and then slab on grade over just compacted gravel. This always leads to major cracks at the line of diUerentiation. We also believe it has no impact on any of the neighbors; which is why it has typically been approved by the HPC over the years. 63 Along with the below grade space, we are proposing putting a rail around the flat roof of the garage to use it as a deck. It will not impact the neighbors and will not add to the mass of the building, as the roof has to be there either way. - Combined side yard: We are proposing 10’ West side yard setback which allows for one parking space on that side and 5’ on the East side yard. The variation from this setback requirement is the proposal to shift the historic cabin (not the basement below it) into the 10’ side yard setback. This will still leave a full 5’ side yard , the minimum required for this lot. The variation only needs to be granted for the 12’ deep section of the cabin that will be in the setback. The overhangs, porches on grade and window wells can be in a setback without question. This is being sought to allow for the front entry of the residence at the rear of the lot to have a clear, unobstructed pathway to the street; a view plane corridor to allow for more space between the historic resource and the new building and so the walkway to the rear is not right next to the cabin. The massing of this cabin, being so wide, works well to screen the new construction in the back. By asking to move just the cabin into the 10’ west side setback and keeping a full 5’ setback, the proposal is not out of character for the neighborhood or the zone district; it is similar in pattern and character of other historic properties; and has no adverse aUect on the neighbor (which is not historic), due to the 5’ remaining setback. We are not asking for increased density, increased site coverage or less space than the required distance between buildings. Nor are we asking for a floor area bonus, fewer than required parking spaces or any other of the possible benefits oUered by the city. We feel that these set back variations are very minimal and will help the historic resource stand out as the focal point on the lot. Section 26.575.020 Calculations and Measurements - Please see sheet A1.05 of the architectural set for Floor area calcs. - The proposed development meets all of the dimensional requirements of this section for this zone district for a duplex. Section 26.710.040 Medium-Density Residential R-6 - The proposal meets all of the requirements and restrictions of this section of code. SUMMARY Thank you for your thoughtful consideration of the foregoing. We believe this is a very unique historic property and we are excited to restore it to it’s original appearance. The opportunity to create a duplex on this larger than typical property and not have the two 64 units connected above grade is amazing. The careful design to have the historic resource be freed from the non-historic addition and be completely from additions above grade makes this a special project for us and a great community asset. Thank you. Best, KIm Kim Raymond Kim Raymond Architecture + Interiors 65 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. Preliminary consultations were held with Parks on 3/12/25, and Engineering on 3/26/25. Preliminary consultations were held with Building on 1/30/25, and Zoning on 1/31/25. 66 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. 67 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: Smuggler Mountain HOLDCO LCC 406 West Smuggler Street, Aspen, CO $975 Parks Dept. $1605 Engineering 6$1950 Owner Smuggler Mountain HoldCo LLC 310-918-7854 dax@magcp.com 3889 Maple Ave, Ste 500 Dallas, TX 75219 68 COMMUNITY DEVELOPMENT DEPARTMENT HOMEOWNER ASSOCIATION COMPLIANCE FORM CITY OF ASPEN 427 RIO GRANDE PL | ASPEN, CO 81611 All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or attorney representing the property owner. The following certification shall accompany the application for a permit. ___________________________________ _________ ___________________________ I, the property owner, certify as follows: (pick one) This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. 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 Owner’s Attorney Signature ___________________________ Date _________________ Owner’s Attorney Printed Name _______________________ ADDRESS UNIT #PARCEL ID # ADDRESS: ____________________________PERMIT NUMBER: _______________________________ November 2022 406 West Smuggler Street 406 West Smuggler Street 273512412003 x Dax T.S. Mitchell 03/07/2025 69 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 Kienast Ski House 406 West Smuggler Street, Aspen, CO 81611 273512412003 (310) 918-7854 dax@magcp.com Kim Raymond Architecture + Interiors City and Townsite of Aspen, Block: 33 Lot: P AND:- Lot: Q 16 & 17 3889 Maple Avenue #500, Dallas TX 71529 501 East Hyman Avenue, Suite 205, Aspen, CO 81611 (970) 925 -2252 kim@krai.us milo@krai.us Existing partially historic single-family structure that was relocated to lot in 1973 Demo of non-historic elements, relocation of historic resource on lot, proposed addition behind. Smuggler Mountain HOLDCO LLC 70 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 X X X X 71 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): Kienast Ski House Smuggler Mountain HOLDCO LCC 406 West Smuggler Street, Aspen, CO R-6 (Medium Density Residential) 60 ft x 100 ft 6,000 sq ft N/A N/A 1 2 3,240 sf1,636 sf 3,600 sf (3,600 allowable for proposed duplex) 15'-3 1/4"25'-0"24'-9 3/32" None 2 spaces 4 spaces (duplex) 31%45.35%50% max 5ft, 10 ft 10ft 10ft 10ft 5ft, 10ft 5ft, 10ft 15ft 15ft15ft 69%N/A 54.97% 15ft combined N/A 15ft combined N/A 10'-0"11'-10 1/2" West side-yard setback variance of 5ft for historic resource, rear-yard setback for subgrade space and upper level deck encroaching into allowed 5ft garage setback, and a second non-ortho window (RDS). (non-historic demo calcs to be provided at permit)0% of historic 5'-0" W 15ft combined 5'-0" E 5ft E 10ft W 10ft & 5ft 72 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 73 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. 74 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, ATTACHMENT 4 - General Summary of Historic Preservation Review Process (Please see Section 26.415 of the Aspen Municipal Code for more detailed information) 1. An application is first transmitted to the Community Development Director to determine if it is complete. A complete application for a Certificate of No Negative Effect may be approved by the Community Development Director with no further review if it meets the requirements set forth for that type of work in the Aspen Municipal Code. 2. For all other types of reviews, the applicant shall be notified in writing whether the information is complete or if additional materials are required. 3. A date for a public hearing on a complete application will be scheduled before the HPC. Notice of the hearing shall be provided as required in the Aspen Municipal Code. 4. City Community Development Staff will review the submittal material and prepare a report that analyzes the project’s conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to approve, disapprove or approve with conditions and the reasons for the recommendation. 5. The HPC will review the application, the report and the evidence presented at the hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines. The order of proceedings at the HPC meeting are as follows: 1. Applicant and public are sworn in 2. Staff presentation 3. Commission member questions 4. Public comment 5. Commission member comments 6. Applicant response/clarification 7. Commission motion and vote 6. The HPC will approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is a one- step review, and it is approved, the HPC will issue a Certificate of Appropriateness and the Community Development Director will issue a Development Order. If the application requires submittal for a final review, materials must be prepared and submitted according to the processes described above. A project that receives final approval will be issued a Certificate of Appropriateness and the Community Development Director will issue a Development Order. 7. HPC decisions are final unless appealed by the applicant or a landowner within three hundred (300) feet of the subject property, as provided in the Aspen Municipal Code. For Major Development, Demolition, or Relocation, a resolution of the HPC action will be forwarded to the City Council to allow them an opportunity to “call up” the decision if they feel there has been an abuse of discretion or denial of due process. No building permit can be issued for construction of the project until the thirty (30) day “call up” period has expired. 75 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, 8. For Historic Designation and Historic Landmark Lot Split, the two types of historic preservation reviews in which City Council makes the final determination, staff will prepare a report including the recommendation of the HPC, and a hearing will be scheduled before Council. Council will evaluate the application to determine if the review criteria are met. The Council may approve, disapprove or continue the application to request additional information necessary to make a decision to approve or deny. 9. HPC assigns a member of the Commission to be the “project monitor” for each project they approve. The monitor (and Staff) may periodically visit the site as work is under construction. If the applicant requests a change to any aspects of the project change after the HPC approval, the applicant, Staff, and the project monitor will attempt to address them without returning to the full HPC. 10. Before an application for a building permit can be submitted, a final set of plans reflecting any or all required changes by the HPC or City Council must be on file with the City. Any conditions of approval or outstanding issues which must be addressed in the field or at a later time shall be noted on the plans. 11. Once a Development Order has been received, a building permit application may be submitted. At this time the proposal will be reviewed for compliance with the Uniform Building Code and zoning regulations. Fees for water, sewer, park dedication fees, and employee housing will be collected if due. Any document, such as a plat, deed restriction, or other agreement which is required to be filed, must be recorded before the building permit will be issued. 76 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, ATTACHMENT 5 - PUBLIC HEARING NOTICING REQUIREMENTS The forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from the matric found in this application packet. Following is a summary of the public notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation on the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant’s responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and bring proof to the hearing that posting took place (use attached affidavit) 3. Mailing – Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant fifteen (15) days prior to hearing. It is the applicant’s responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use the attached affidavit). Notice to mineral Estate Owner. An applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those in the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. Proof of notice must be provided at the public hearing. 77 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, ATTACHMENT 6 - AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 20 _ STATE OF COLORADO ) ) ss. County of Pitkin ) I, (name, please print) being or representing 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 and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice: By the mailing of a notice obtained from the Community Development Department, which contains the information described 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. (Continued on next page) 78 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, 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. Signature The foregoing “Affidavit of Notice” was acknowledged before me this day of , 20 , by . WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 79 Smuggler Mountain HOLDCO LLC 3889 Maple Avenue, #500 Dallas, TX 71529 March 5th, 2025 To Whom It May Concern: This letter authorizes Kim Raymond and her team at Kim Raymond Architecture + Interiors to represent Smuggler Mountain HOLDCO LLC through the City of Aspen HPC review and permitting process. Kim Raymond Architecture + Interiors is based at 518 East Hyman Avenue, Suite 205, Aspen, CO 81611. The office number is 970-925-2252. kim@krai.us. Thank you for your consideration of this matter. Respectfully, Smuggler Mountain HOLDCO LLC Manager (Print): __________________________________ Manager (Signature): __________________________________ Dax T.S. Mitchell 80 PRE-APPLICATION CONFERENCE SUMMARY PRE-25-036 DATE: April 8, 2025 PLANNER: Stuart Hayden, 970-975-1640, stuart.hayden@aspen.gov REPRESENTATIVE: Kim Raymond, kim@krai.us PROJECT LOCATION: 406 W. Smuggler St. PARCEL ID: 2735-124-12-003 REQUEST: Major Development, Demolition, Relocation, Variations, and Residential Design Standards Reviews DESCRIPTION: The property at 406 W. Smuggler St. is legally described as Lots P and Q, Block 33, City and Townsite of Aspen, and Lots 16 and 17, Block 33, Hallam’s Addition to the City and Townsite of Aspen. The 6,000-square-foot lot is located in the Medium-Density Residential (R-6) zone district. The site features a historic resource relocated to a full basement here from the south side of W. Hopkins Ave. near S. 7th St. in 1973. As it shares its architectural characteristics with other “Miner’s Cottages” of the era, this dwelling was likely originally constructed in the late 1880s or early 1890s. No other major alterations or improvements have been made to the historic resource since a rear addition was added upon its relocation (1973-1974). Ordinance #49, Series of 1989, designated the property as a historic landmark. The applicant proposes removing the rear addition, an apparent shed-roofed addition of unknown origin on the west side of the historic resource, and the over-framed front porch roof. The applicant also proposes relocating the historic building toward the front (south) of the property, expanding the existing basement, and excavating a new basement to serve a proposed new two- story detached dwelling north of the historic resource. This scope of work necessitates Historic Preservation Major Development, Demolition, Relocation, and Setback Variations reviews as well as a Residential Design Standards Variations review. Pursuant to Aspen Land Use Code Section 26.415.070(d), the procedure for the review of major development project consists of a two-step process requiring approval by the Historic Preservation Commission (HPC) of conceptual and final development plans. If a major development project involves additional City Land Use approvals, as in this case, the Community Development Director may consolidate or modify the review process. Accordingly, a public hearing and HPC review of Demolition, Relocation, Variations and Residential Design Standards will occur alongside the conceptual development plan review. Upon receipt of a complete application, the Community Development Department will solicit preliminary referral comments from relevant City departments/divisions to inform the applicant of significant concerns, aspects of the proposed project that may warrant reconsideration, redesign or revision before proceeding. Department staff and the applicant may then schedule the public hearing and HPC review of the conceptual development plan. Notice of the hearing shall be provided pursuant to Section 26.304.060(e)(3) Paragraphs a, b and c. Staff will review the application and prepare a report analyzing the project's conformance with the Historic Preservation Design Guidelines and other applicable Land Use Code sections, particularly the criteria for the demolition of designated historic properties (Sec. 26.415.080), the standards and criteria for relocation of designated historic properties (Sec. 26.415.090), the criteria for granting a dimensional variation benefit (26.415.110(c), and the single-family and duplex Residential Design Standards (26.410.030). 81 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. Staff will transmit this report to the HPC with relevant information on the proposed project and a recommendation, citing the reasons for the recommendation. 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 aforementioned guidelines, standards and criteria. The HPC may approve, approve with conditions, deny, or continue the matter to obtain additional information. Staff shall notify the City Council of a HPC resolution regarding major development, demolition and relocation in accordance with Section 26.415.120. If City Council does not avail itself of the call-up procedure set forth in Subsection 26.415.120(c), the resolution of HPC shall be the final decision on the matter. Approval of a conceptual development plan shall not constitute final approval of a major development project or permission to proceed with the development, but shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the conceptual plan application including its height, scale, massing and proportions. Substantial amendments to the conceptual design after its approval will warrant a new conceptual development approval hearing. Unless otherwise specified, an application for a final development plan must be submitted within one year of the conceptual development plan approval. Failure to do so renders null and void the approval of the conceptual development plan. Following receipt of a complete final development plan, the process is the same as that of the conceptual development plan application review. The HPC may approve, approve with conditions, deny, or continue the matter to obtain additional information. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.410 Residential Design Standards 26.415.070(d) Historic Preservation - Major Development 26.415.080 Historic Preservation - Demolition 26.415.090 Historic Preservation - Relocation 26.415.110(c) Historic Preservation – Benefits -Variations 26.575.020 Calculations and Measurements 26.710.040 Medium-Density Residential (R-6) HELPFUL LINKS: • Land Use Application (PDF) • Land Use Code (PDF) • Historic Preservation Design Guidelines (PDF) REVIEW BY: • Staff for completeness and recommendations • HPC for final decision o Major Development, Demolition, and Relocation are subject to Notice of Call Up at City Council. REQUIRED LAND USE REVIEW(S): • Historic Preservation Major Development 82 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. • Historic Preservation Demolition • Historic Preservation Relocation • Historic Preservation Benefits – Variations • Residential Design Standards – Variations PUBLIC HEARING: Yes, during HPCs conceptual and final plan development reviews. 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 FEES: Engineering Review: $1,605.00 (Flat Fee) Parks Review: $975.00 (Flat Fee) TOTAL DEPOSIT: $4,530 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-25-036” in the subject line. If more than 18 months have lapsed since this letter was issued, please contact hp@aspen.gov.  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 8½ by 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 site improvement survey (no older than a year from submittal) certified by a registered land surveyor, licensed in the state, showing the current status of the parcel including the current topography and vegetation. 83 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.  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.  Additional materials, documentation or reports as deemed necessary by the Community Development Director. o A list of all property owners within 300 feet of the property. o A preliminary stormwater/civil plan. o A preliminary landscape plan, including any exterior lighting and visible stormwater mitigation features. For Conceptual, the following will need to be submitted in addition to the items listed above:  A site plan and survey showing property boundaries, the location and orientation of existing and proposed improvements and predominant site characteristics.  Scaled drawings of all 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.  Preliminary selection of primary building materials to be used in construction represented by samples and/or photographs.  Supplemental materials to provide a visual description of the context surrounding the designated historic property or historic district including at least one of the following: diagrams, maps, photographs, models or streetscape elevations.  Verification that the proposal complies with Chapter 26.410, Residential Design Standards or a written request for a variance from any standard that is not being met.  Narrative text, graphic illustrations or other exhibits that provide evidence that the building, structure or object proposed for demolition is of no historic or architectural value or importance.  Supplementary materials to provide an understanding of the larger context for the relocated property and its impact on adjacent properties, the neighborhood or streetscape.  A written explanation of the type of relocation requested (temporary, on-site or off-site).  A written report from a licensed engineer or architect regarding the soundness of the building, structure or object, its ability to withstand the basement excavation, and any rehabilitation needs related to the work.  Evidence of the financial ability to undertake the excavation safely, 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 84 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. appropriate. This may consist of a statement of intent and plan to meet this requirement. Financial assurance must be provided prior to building permit submission. For Final Review, the following items need to be submitted in addition to those listed above:  Final drawings of all proposed structures(s) and/or addition(s) included as part of the development at 1/4" = 1.0' scale.  An accurate representation of all major building materials to be used in the development, depicted through samples or photographs.  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. 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. 85 Customer Distribution Prevent fraud - Please call a member of our closing team for wire transfer instructions or to initiate a wire transfer. Note that our wiring instructions will never change. Order Number: Q62016631-7 Date: 11/08/2024 Property Address: 406 W SMUGGLER ST, ASPEN, CO 81611 For Closing Assistance Closers Assistant For Title Assistance Melissa Jones 533 E HOPKINS #102 ASPEN, CO 81611 (970) 315-1832 (Work) (303) 393-4941 (Work Fax) mejones@ltgc.com Contact License: CO450818 Company License: CO44565 Marc Obadia 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (800) 318-8202 (Work Fax) mobadia@ltgc.com Company License: CO44565 Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Buyer/Borrower SMUGGLER MOUNTAIN HOLDCO, LLC Attention: DAX T.S. MITCHELL Delivered via: Electronic Mail Agent for Seller CHRISTIE'S INTERNATIONAL REAL ESTATE - ASPEN SNOWMASS Attention: JONATHAN FEINBERG 520 E DURANT AVE SUITE 205 ASPEN, CO 81611 (970) 379-3405 (Cell) (970) 544-5800 (Work) (970) 544-8185 (Work Fax) oxbow@rof.net Delivered via: Electronic Mail Seller/Owner THE CHRISTIE ANN KIENAST REVOCABLE TRUST Attention: MICHAEL KIENAST Delivered via: Electronic Mail Agent for Seller CHRISTIE'S INTERNATIONAL REAL ESTATE - ASPEN SNOWMASS Attention: ELLE PETERSON 520 E DURANT AVE SUITE 205 ASPEN, CO 81611 (720) 280-3808 (Cell) (970) 544-5800 (Work) (970) 544-8185 (Work Fax) elle@christiesaspenrealestate.com Delivered via: Electronic Mail 86 Seller/Owner THE CHRISTIE ANN KIENAST REVOCABLE TRUST Attention: STEPHEN KIENAST Delivered via: Electronic Mail Transaction Coordinator CHRISTIE'S INTERNATIONAL REAL ESTATE - ASPEN SNOWMASS Attention: ERIN FETTER Delivered via: Electronic Mail Seller/Owner THE CHRISTIE ANN KIENAST REVOCABLE TRUST Attention: ROBERT KIENAST Delivered via: Electronic Mail Lender - New Loan JPMORGAN CHASE BANK, N.A. Attention: KELTON ZIMMERMAN 2500 WESTFIELD DR., FLOOR 201 Elgin, IL 60124 kelton.zimmerman@jpmchase.com JPMorgan_Title_Order@jpmorgan.com Delivered via: Electronic Mail Seller/Owner THE CHRISTIE ANN KIENAST REVOCABLE TRUST Attention: PAUL KIENAST Delivered via: Electronic Mail Attorney for Seller LAW OFFICE OF JEANNE C DOREMUS LLC Attention: JEANNE DOREMUS 0197 PROSPECTOR SUITE 2104A ASPEN HIGHLANDS VILLAGE ASPEN, CO 81611 (970) 920-3446 (Work) (970) 925-6388 (Work Fax) jeanne@jdoremuslaw.com Delivered via: Electronic Mail Seller/Owner THE CHRISTIE ANN KIENAST REVOCABLE TRUST Attention: JOHN KIENAST Delivered via: Electronic Mail 87 Estimate of Title Fees Order Number: Q62016631-7 Date: 11/08/2024 Property Address: 406 W SMUGGLER ST, ASPEN, CO 81611 Seller(s): THE CHRISTIE ANN KIENAST REVOCABLE TRUST Buyer(s): SMUGGLER MOUNTAIN HOLDCO, LLC, A DELAWARE LIMITED LIABILITY COMPAN Thank you for putting your trust in Land Title. Below is the estimate of title fees for the transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about Land Title. Estimate of Title Insurance Fees "ALTA" Owner's Policy 07-30-21 $13,748.00 Deletion of Standard Exception(s)$75.00 "ALTA" Loan Policy 07-30-21 Bundled Purchase Loan Rate $6,474.00 Endorsement Alta 8.1 $0.00 Endorsement ALTA 9 $0.00 Endorsement ALTA 22 $0.00 Endorsement ALTA 6 $0.00 Tax Certificate $27.00 TOTAL $20,324.00 Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the documents on your property. Chain of Title Documents: 88 Pitkin county recorded 09/06/1973 under reception no. 162232 at book 279 page 593 Pitkin county recorded 11/26/1973 under reception no. 163688 at book 281 page 655 Pitkin county recorded 11/29/1973 under reception no. 163832 at book 281 page 759 Pitkin county recorded 01/08/1987 under reception no. 285117 at book 527 page 829 Pitkin county recorded 12/30/2009 under reception no. 565764 Pitkin county recorded 11/26/2012 under reception no. 594178 Pitkin county recorded 12/15/2021 under reception no. 683503 89 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. 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 2021 American Land Title Association. All rights reserved. Customer Ref-Loan No.: 1108760818 Property Address: 406 W SMUGGLER ST, ASPEN, CO 81611 1. Commitment Date: 10/25/2024 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 07-30-21 Proposed Insured: SMUGGLER MOUNTAIN HOLDCO, LLC, A DELAWARE LIMITED LIABILITY COMPAN $8,325,000.00 "ALTA" Loan Policy 07-30-21 Bundled Purchase Loan Rate Proposed Insured: JPMORGAN CHASE BANK, N.A., ITS SUCCESSORS AND/OR ASSIGNS AS THEIR INTERESTS MAY APPEAR $5,827,500.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: THE CHRISTIE ANN KIENAST REVOCABLE TRUST 5. The Land is described as follows: PARCEL A LOTS P AND Q, BLOCK 33, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL B LOTS 16 AND 17, BLOCK 33 HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62016631-7 90 The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62016631-7 91 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62016631-7 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. (THIS ITEM WAS INTENTIONALLY DELETED) 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 3. EVIDENCE SATISFACTORY TO LAND TITLE THAT THE CITY RETT EXEMPTION WAS FILED FOR DEEDS RECORDED NOVEMBER 26, 2012 AS RECEPTION NO. 594178 AND RECORDED DECEMBER 15, 2021 AS RECEPTION NO. 683503. 4. (THIS ITEM WAS INTENTIONALLY DELETED) 5. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF THE CHRISTIE ANN KIENAST REVOCABLE TRUST AS A TRUST. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. NOTE: THE TRUST AGREEMENT FOR THE CHRISTIE ANN KIENAST REVOCABLE TRUST DISCLOSES MICHAEL KIENAST, PAUL KIENAST, STEPHEN KIENAST,JOHN KIENAST AND ROBERT KIENAST AS THE CO-TRUSTEES AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. NOTE: ALL TRUSTEES MUST SIGN. 6. CERTIFIED COPY OF DEATH CERTIFICATE ISSUED BY THE COLORADO BUREAU OF VITAL STATISTICS FOR CHRISTIE ANN KIENAST, DECEASED, OR, IF DEATH OCCURRED OUTSIDE COLORADO, CERTIFIED COPY OF DEATH CERTIFICATE BY THE APPROPRIATE STATE AGENCY. NOTE: THIS IS FOR INFORMATIONAL PURPOSES ONLY AND WILL NOT BE RECORDED. 7. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF SMUGGLER MOUNTAIN HOLDCO, LLC, A DELAWARE LIMITED LIABILITY COMPAN AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 8. SPECIAL WARRANTY DEED FROM THE CHRISTIE ANN KIENAST REVOCABLE TRUST TO SMUGGLER MOUNTAIN HOLDCO, LLC, A DELAWARE LIMITED LIABILITY COMPAN CONVEYING SUBJECT PROPERTY. 9. DEED OF TRUST FROM SMUGGLER MOUNTAIN HOLDCO, LLC, A DELAWARE LIMITED LIABILITY COMPAN TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF JPMORGAN CHASE BANK, N.A. TO SECURE THE SUM OF $5,827,500.00. 92 NOTE: ITEMS 1-3 OF THE PRE-PRINTED EXCEPTIONS ARE HEREBY DELETED FROM THE MORTGAGEE'S POLICY. ITEM 4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING. REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM NO. 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM NO. 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2024 AND SUBSEQUENT YEARS. 10. ITEMS 7(A) AND7(B) WILL BE DELETED FROM THE OWNERS POLICY. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62016631-7 All of the following Requirements must be met: 93 Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 08, 1888 IN BOOK 55 AT PAGE 2. 9. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AGREEMENT RECORDED DECEMBER 11, 1986 IN BOOK 525 AT PAGE 27. 10. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE BY THE ASPEN HISTORIC PRESERVATION COMMISSION, NO. 49, SERIES OF 1989 RECORDED SEPTEMBER 5, 1989 IN BOOK 601 AT PAGE 143. 11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF DEED RESTRICTION RECORDED JUNE 29, 2000 AS RECEPTION NO. 444639. 12. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION BY THE ASPEN HISTORIC PRESERVATION COMMISSION NO. 35, SERIES OF 2000 RECORDED DECEMBER 14, 2000 AS RECEPTION NO. 449671. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62016631-7 94 ALTA Commitment For Title Insurance issued by Old Republic National 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 ,Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of insurance and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, 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: 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 is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. (a) “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.(b) “Land”: The land described in item 5 of Schedule A and affixed improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, aavenue, alley, lane, right-of-way, body of water, or waterway, but 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, trust deed, security deed, or other real property 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 Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. (f) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(g) “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the TItle to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. (h) “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. (i) “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.(j) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company is not liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5(a) or the Proposed Amount of Insurance. (d) The Company is not liable for the content of the Transaction Identification Data, if any.(e) The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) 95 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT. CHOICE OF LAW AND CHOICE OF FORUM 7. IF THIS COMMITMENT IS 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. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Old Republic National 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; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 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. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction (b) This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 96 Land Title Guarantee Company Disclosure Statements Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) 97 This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) 98 Joint Notice of Privacy Policy of Land Title Guarantee Company Land Title Insurance Corporation and Old Republic National Title Insurancy Company This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration 99 Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 100 406 West Smuggler Vicinity Map Legal Description: Subdivision: CITY AND TOWNSITE OF ASPEN Block: 33 Lot: P AND:- Lot: Q 16 & 1710 1 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512412003 on 03/26/2025 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 102 315 LAKE LLC ASPEN, CO 81611 315 LAKE AVE 315 W SMUGGLER LLC NAPLES, FL 34106 PO BOX 2097 322 SMUGGLER LLC NORTH MIAMI BEACH, FL 33160 18117 BISCAYNE BLVD PMB 61406 326 WEST SMUGGLER LLC CHARLOTTE, NC 28202 500 E MOORHEAD ST #200 413 SMUGGLER LLC LA JOLLA, CA 92037 2105 PASEO DORADO 420 WEST NORTH LLC SEATTLE, WA 98103 3518 FREMONT AVE N #508 437 W SMUGGLER LLC NEW YORK, NY 10022 510 MADISON AVE 18TH FL 513 SMUGGLER LLC HONOLULU, HI 96814 1288 ALA MOANA BLVD #208 525 N SECOND STREET LLC WASHINGTON, DC 20007 1010 WINSCONSIN AVE NW #550 ADELMAN CAROL C TRUST ASPEN, CO 81611 501 W SMUGGLER ST ADELMAN KENNETH L TRUST ASPEN, CO 81611 501 W SMUGGLER ST ALLEN ASPEN RES TRUST HOUSTON, TX 77027 4545 POST OAK PL #101 ALTIERI FAMILY TRUST NAPLES , FL 34102 380 10TH ST S #101 ARENA 5 LLC DALLAS, TX 75209 4604 FAIRFAX AVE ASPEN ART LP LA JOLLA, CA 92037 1768 LA JOLLA RANCHO RD ASPEN RESIDENCE SBLMSL LLC MILWAUKEE, WI 53202 833 E MICHIGAN ST #1500 BLOCK FAMILY TRUST SANTA MONICA, CA 90405 1225 MARINE ST BLOCK FAMILY TRUST SANTA MONICA, CA 90405 2203 3RD ST #7 CONNER MELINDA M TRUST ASPEN , CO 81611 426 N 3RD ST D W RINGSBY ENTERPRISES LLC DENVER, CO 80204 1801 W COLFAX AVE DODGE LARRY & SARA LIV TRST RANCHO SANTA FE, CA 92067 PO BOX 2029 FINKLE MARITAL TRST ASPEN, CO 81611 433 W SMUGGLER ST FINKLE MARITAL TRST GST ASPEN, CO 81611 433 W SMUGGLER ST FOUR ELEVEN WEST NORTH TRUST RIVERDALE , NY 10471 4701 GROSVENOR AVE GOTHAM AJAX LLC NEW YORK, NY 100202346 600 5TH AVE FL 14 KELLNER GEORGE A NEW YORK, NY 10021 117 E 78TH ST LAND TRUST WASHINGTON, DC 20037 2300 N ST NW #220 MCNANIE FAMILY TRUST ASPEN, CO 81611 503 N 4TH ST MD ASPEN HOLDINGS LLC BETHESDA, MD 20814 4960 FAIRMONT AVE PH3 MONT MAISON LLC OXFORD, MS 38655 PO BOX 2430 103 NORTH THIRD STREET LLC WALNUT CREEK, CA 94596 500 YGNACIO VALLEY RD #360 PEARL COURT LLC CORAL GABLES, FL 33156 5299 HAMMOCK DR RAE FAMILY TRUST AUSTIN, TX 78701 303 COLORADO ST #2050 SACK KEN & SHERI ASPEN, CO 81611 407 N 3RD ST SMUGGLER AND NORTH FOURTH STREET DUPLEX CONDO ASSOCIATION ASPEN, CO 81611 500 W SMUGGLER ST SMUGGLER FB3 LLC NAPLES, FL 34106 C/O ANNE MCNULTY PO BOX 2097 SMUGGLER443 LLC BALTIMORE, MD 21209 1427 CLARKVIEW RD #500 SUGAR MOUNTAIN TRUST NEW YORK, NY 10165 60 E 42ND ST SZ 420 W SMUGGLER ST MGMT LLC AUSTIN, TX 78746 100 PASCAL LN TRIANGLE LAKE LLC BEVERLY HILLS, CA 90210 9355 WILSHIRE BLVD # 400 WEST NORTH ASPEN LLC KANSAS CITY, MO 641142035 8080 WARD PKWY #201 WEST SMUGGLER CONDO ASSOC ASPEN, CO 81611 COMMON AREA 322 W SMUGGLER 104 105 April 18th, 2025 Historic Preservation Commission City of Aspen Community Development Department Aspen City Hall 427 Rio Grande Place Aspen, CO 81611 RE: 406 W. Smuggler House Structural Soundness and Moving Narrative Smuggler Mountain HOLDCO LLC and Kim Raymond Architecture + Interiors, as its representative, is requesting the relocation of the historic resource at 406 West Smuggler. The residence at 406 W. Smuggler Street is a partially historic home that was relocated to it’s current location in 1973. The house was moved from the base of Shadow Mountain by Syl Thomas House Movers. Once the house was moved, it was positioned on a new subgrade basement. The historic part of the home was then added onto after placement onto the current foundation system. For the proposed development, the existing structure will have non-historic elements demolished prior to moving the roughly 800 square foot wood framed structure. The house will be shored in place using traditional house moving methods performed by Bailey House Movers. Kim Raymond Architects, along with Cody Douglas from Bailey House Movers have evaluated the existing structure to be moved and have deemed the structure adequately sound for moving on the lot. The contractor shall install micro-lams on all interior bearing and partition walls of historic structure to be elevated or moved. Contractor shall remove exterior siding up to the bottom of micro-lam elevation to accommodate structural shoring steel placement and layout. Micro-lam elevations and structural steel weights and dimensions will be determined by Movers upon final shoring plan and final inspection after completion of all interior demolition. Contractor shall disconnect all utilities/remove all fireplaces and chimneys from structure to be lifted lifted/moved. Temporary shoring and storage of historic building may be placed on micro-pile caps or undisturbed ground on site. The structure will be lifted onto beams that are held up by surrounding cribbing and subsequently moved forward (South) roughly 40 feet. A portion of the home will be encroaching onto Smuggler Street, requiring a temporary right of way permit from the City of Aspen. While the house is positioned in the front of the lot, the proposed development’s excavation will occur, along with the pouring of the new foundation walls. Once dimensionally and structurally verified, the historic resource will be moved onto the new foundation (± 30’-6” north, 7’-4” west). The structure will then be lowered onto the foundation’s new sill plates and structural beams that have been erected to accommodate the building’s historic footprint. Once lowered and fastened, the temporary house shoring will be removed, leaving historic siding, sheathing, studs, and rafters in place. After the house has been relocated in its proposed location, preservation and rehabilitation efforts will begin, within the limits of prior HPC approvals, to all elements of the historic structure, ie. Decorative detailing, siding, roofing, chimney repair, column replacement, window protection, etc… Please see KRAI’s house moving plan on sheet A.1.19 of the proposed architectural set. For any further questions or concerns with this process, please reach out to Kim or Milo at KRAI. Sincerely, Kim Raymond (Principal Architect, Kim Raymond Architecture + Interiors) 106 4/2/25 Bailey House Movers 3149-B Rd. Grand Junction, Colorado Re: 406 W. Smuggler Method of House Moving Owner/Contractor shall install micro-lams on all interior bearing and partition walls of historical structure to be elevated or moved. Owner/Contractor shall remove exterior siding to bottom of micro-lam elevation to accommodate structural shoring steel placement and layout. Micro-lam elevations and structural steel weights and dimensions will be determined by Movers upon final shoring plan and final inspection after completion of all interior demolition. Owner/Contractor shall disconnect all utilities/remove all fireplaces and chimneys from structure to be lifted lifted/moved. Temporary shoring and storage of historic building may be placed on micro-pile caps or undisturbed ground on site. Please feel free to contact me if you have any questions or concerns. Thank you Cody Douglas Bailey House Movers 970-216-6591 cwd987@gmail.com 107 Residential Design Standards Administrative Compliance Review Applicant Checklist - Single Family and Duplex Standard Complies Alternative Compliance N/A Sheet #(s)/Notes B.1.Articulation of Building Mass (Non-flexible) B.2.Building Orientation (Flexible) B.3.Build-to Requirement (Flexible) B.4.One Story Element (Flexible) C.1.Garage Access (Non-flexible) C.2.Garage Placement (Non-flexible) C.3.Garage Dimensions (Flexible) Instructions: Please fill out the checklist below, marking whether the proposed design complies with the applicable standard as written or is requesting Alternative Compliance (only permitted for Flexible standards). Also include the sheet #(s) demonstrating the applicable standard. If a standard does not apply, please mark N/A and include in the Notes section why it does not apply. If Alternative Compliance is requested for a Flexible standard, include in the Notes section how the proposed design meets the intent of the standard(s). Additional sheets/graphics may be attached. Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Address: Parcel ID: Zone District/PD: Representative: Email: Phone: Page 1 of 2 108 Standard Complies Alternative Compliance N/A Sheet #(s)/Notes C.4.Garage Door Design (Flexible) D.1.Entry Connection (Non-flexible) D.2.Door Height (Flexible) D.3.Entry Porch (Flexible) E.1.Principle Window (Flexible) E.2.Window Placement (Flexible) E.3.Nonorthogonal Window Limit (Flexible) E.4.Lightwell/Stairwell Location (Flexible) E.5.Materials (Flexible) Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Page 2 of 2 Residential Design Standards Administrative Compliance Review Applicant Checklist - Single Family and Duplex 109 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. G.1.01 7/16/25 HISTORIC NEIGHBORHOOD CONTEXT DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 10'-0"10'-0" 406 WEST SMUGGLER WE S T S M U G G L E R S T R E E T NORTH 4th STREET WE S T S M U G G L E R S T R E E T HISTORIC SANBORN FIRE MAP OF 1898 DEPICTS 406 W SMUGGLER LOT EMPTY, AS WE KNOW THE CURRENT EXISTING HOUSE WAS MOVED TO THE LOT IN 1973. THE MAJORITY OF THE SURROUNDING LOTS CONTAINED SINGLE FAMILY DWELLINGS WITH ACCESSORY BUILDINGS OR CARRIAGE HOUSE BEHIND THEM. NO SETBACK CONSTRAINTS WERE ENFORCED WHEN THESE HOMES WERE BEING BUILT AS MOST HOMES ARE EITHER ENCROACHING TODAY'S REQUIRED SETBACKS, OR EVEN BUILT ON THE LOT LINE. STREET FACING FACADES, HOWEVER, DO APPEAR TO BE SET BACK 10 TO 12 FEET ACROSS ALL LOTS, WITH A FEW OUTLIERS. 110 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. G.1.02 7/16/25 EXISTING NEIGHBORHOOD CONTEXT DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 WE S T S M U G G L E R S T R E E T NORTH 4th STREET WE S T S M U G G L E R S T R E E T SURROUNDING PARCELS HAVE DOUBLED OR EVEN TRIPLED IN SIZE MAJORITY OF HISTORIC STRUCTURES HAVE BEEN DEMOLISHED NEW LARGE SINGLE FAMILY AND DUPLEX DWELLINGS HAVE BECOME COMMON-PLACE 111 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. G.1.03 7/16/25 PROPOSED NEIGHBORHOOD CONTEXT DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 WE S T S M U G G L E R S T R E E T NORTH 4th STREET WE S T S M U G G L E R S T R E E T 10'-0"10'-0" THE PROPOSED DEVELOPMENT MIMICS THE NEIGHBORHOOD CONTEXT WHILE MAINTAINING THE ORIGINAL PARCEL SIZE. 112 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.1.01 7/16/25 EXISTING SITE PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 SLOPED ROOF 13" : 12" C PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y SLOPED ROOF 5" : 12" SL O P E D RO O F 13 " : 1 2 " SL O P E D RO O F 5" : 1 2 " 1 23 5 4 67 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 FLAT ROOF SHED EXISTING TRANSFORMER SCALE: 1/4" = 1'-0"1 EXISTING SITE PLAN N 1/4" = 1'-0" 113 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.1.02 7/16/25 PROPOSED SITE PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 C HP HP HP 18'-0" 8' - 6 " 3' - 0 " 3'-0" PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y 23 67 8 10 14 22 25 SLOPED ROOF 6" : 12" SLOPED ROOF 13 1/2" : 12" SLOPED ROOF 13 1/2" : 12" SL O P E D RO O F 5" : 1 2 " SL O P E D RO O F 13 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " FLAT ROOF 1/4" : 12" SLOPED ROOF 1 1/2" : 12" SKYLIGHT LIGHT WELL DE C K B E L O W DECK BELOW DECK BELOW PA T I O A T GR A D E WINDOW WELLWINDOW WELL WINDOW WELL WINDOW WELL ENTRY WALKWAY ENTRY WALKWAY TRANSFORMER PERMEABLE PAVER PARKING PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL DR I V E W A Y WINDOW WELL CU 1 CU 2 CU 3 HP 1 NEW TREE SCALE: 1/4" = 1'-0"1 PROPOSED SITE PLAN N 1/4" = 1'-0" 114 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.1.04 7/16/25 EXISTING FLOOR AREA CALCULATIONS DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 10 ' - 8 " 5'-5" 13 ' - 4 " 34'-4 1/4" 32 ' - 1 1 1 / 4 " 12'-10 3/4" 3' - 4 1 / 8 " 22'-9 1/4" 11 ' - 7 3 / 8 " 3'-5 1/4" PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE 1 2 3 5 6 8 9 10 4 7 1,409 sq ft 81 sq ft ENTRY PORCH 51 sq ft ENTRY PORCH D W D W W D D D W D D W W D0 1 D02 W D WW HW 2 PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE T.O. EXISTING PLY 100'-0" (SITE 7894.783') T.O. EXISTING F.F. 100'-3/4" (SITE 7894.90') 1,412 sq ft 246 sq ft DECK 38 sq ft 18 sq ft 106 sq ft 54 sq ft 139 sq ft 14 sq ft 335 sq ft 318 sq ft 45 sq ft 124 sq ft 107 sq ft 33 sq ft 33 sq ft 227 sq ft 34 sq ft 116 sq ft 3 sq ft 34 sq ft 10'-8"5'-5"14'-0"34'-4 1/4"32'-11 1/4" 12'-10 3/4" 3'-4 1/4" 22'-9 1/4"11'-7 1/2"3'-5 1/4" 1 2 3 5 6 7 8 9 4 10 SCALE: 1/8" = 1'-0"1 EXISTING LOWER LEVEL FLOOR AREA PLAN SCALE: 1/8" = 1'-0"2 EXISTING MAIN LEVEL FLOOR AREA PLAN SCALE: 1/8" = 1'-0"4 EXISTING FAR ELEVATIONS 115 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.1.05 7/16/25 PROPOSED FLOOR AREA CALCULATIONS DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 65 sq ft 37 sq ft 1234567 D0 4 D0 3 D1 4 D1 0 D21 D2 4 D0 8 D09 D05D18 D13 D1 2 D1 1 D2 0 W04 W02 W07 W08 W05 D1 9 D2 3 D2 2 D1 5 W01 D1 7 D1 6 D0 6 D0 7 D01 D0 2 W03 1 2 3 6 7 89 10 4 5 PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE UP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2,266 sq ft 1,285 sq ft 124 sq ft 90 sq ft98 sq ft 56 sq ft 130 sq ft 130 sq ft 61 sq ft 66 sq ft 74 sq ft 1 2 3 4 5 6 7 8 DECK 108 sq ft 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 W1 2 D35 D33 W14W16 W13D32 D43 HW 5 HW 6 HW4 HW 3 HD 2 HD2 HW 2 D31 W18 W16 D42 W1 0 D3 0 D44 D3 4 GD 2 D4 1 D3 8 D39 D40 D36 HW 3 HD 1 HW3 D3 3 HD 4 D37 W17 W1 1 PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE T.O. PLY @ HISTORIC 100'-0" (SITE 7894.65') T.O. FINISHED FLOOR 100'-2 1/4" T.O. PLY @ ADDITION 99'-0" (SITE 7893.65') T.O. FINISHED FLOOR 99'-2 1/4" UP UP DN UP T.O. PLY @ ADDITION 97'-6" 14 15 16 17 18 19 20 21 22 23 GD 1 1 2 3 766 sq ft 742 sq ft (-500 = 242, 242 / 2 = 121 sq ft) 828 sq ft 26 sq ft 42 sq ft 95 sq ft 38 sq ft 18 sq ft 9 10 11 12 13 14 15 16 17 18 W26W29W27W28 W39W37W38 W3 1 W3 0 W3 2 W3 3 W2 0 D5 5 D56 D5 4 W3 4 D5 1 W3 5 W40 W2 3 W2 4 W2 5 W2 2 D5 0 D52 W2 1 PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE DN D5 3 1,307 sq ft 137 sq ft DECK 121 sq ft 131 sq ft 25 sq ft 49 sq ft 34 sq ft 76 sq ft 126 sq ft 97 sq ft 97 sq ft 109 sq ft 109 sq ft 97 sq ft 97 sq ft 109 sq ft 109 sq ft 592 sq ft 3 sq ft 1,049 sq ft 30 sq ft26 sq ft 28 sq ft 373 sq ft 909 sq ft 26 sq ft24 sq ft 5 sq ft 1 4 53 7 8 9 10 2 6 SCALE: 1/8" = 1'-0"1 PROPOSED LOWER LEVEL FLOOR AREA PLAN SCALE: 1/8" = 1'-0"2 PROPOSED MAIN LEVEL FLOOR AREA PLAN SCALE: 1/8" = 1'-0"3 PROPOSED UPPER LEVEL FLOOR AREA PLAN SCALE: 1/8" = 1'-0"4 PROPOSED FAR ELEVATIONS 116 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.1.15 7/16/25 TREE REMOVAL PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE TREE PROTECTION & DRIPLINE EXCAVATION NOTES 1. ALL EXISTING TREES IDENTIFIED AS TO BE REMOVED WILL BE FULLY MITIGATED PER CITY OF ASPEN CODE AND REVIEW 2. CODE-SIZED TREES ARE TO REMAIN UNLESS OTHERWISE NOTED ON THIS PLAN 3. CONTACT THE LANDSCAPE ARCHITECT AND THE CITY FORESTER PRIOR TO ANY TREES REQUIRING REMOVAL DUE TO CONSTRUCTION ACTIVITY THAT HAVE BEEN DESIGNATED "TO REMAIN". 4. TREE REMOVAL PERMIT DOCUMENT IS ON FILE AT ASPEN PARKS DEPARTMENT AND MUST BE AVAILABLE FOR INSPECTION AT THE PROJECT SITE. 5. ENGAGE A CERTIFIED ARBORIST TO ROOT PRUNE ANY TREE TO REMAIN THAT WILL HAVE EXCAVATION WORK WITHIN THE TREE'S DRIP LINE. ROOT PRUNING IS TO BE PER THE CITY OF ASPEN'S STANDARDS AND THE SPECIFICATIONS FOR TEMPORARY TREE PROTECTION. 6. ALL EXCAVATION WITHIN THE DRIP LINE WILL BE REQUIRED TO BE VERTICAL EXCAVATION ONLY WITH NO OVER-DIGGING. EXCAVATIONS WILL BE SOIL STABILIZED IN A MANNER THAT PREVENTS OVER EXCAVATION OF THE SITE. 7. ALL ROOTS SHALL BE CUT PRIOR TO FULL EXCAVATION USING A CLEAN, SHARP PRUNING SAW. ALL ROOTS WILL BE CUT FLUSH WITH THE EXPOSED SOIL LINE. 8. SIX INCHES OF MULCH ARE REQUIRED TO BE PLACED WITHIN THE ZONE OF VEGETATION PROTECTION. THE MULCH SHALL BE MAINTAINED BY THE CONTRACTOR AT A LEVEL OF 6" DURING THE ENTIRE PROJECT. 9. IRRIGATION OF TREES IS REQUIRED THROUGHOUT THE ENTIRE LENGTH OF THE PROJECT. THE GENERAL CONTRACTOR SHALL ENSURE TREES ARE IRRIGATED AT A RATE WHICH IS APPROPRIATE FOR PROPER HEALTH. CONSULT WITH CITY FORESTER OR LANDSCAPE ARCHITECT FOR WATERING SCHEDULE RECOMMENDATIONS. ADDITIONAL WATERING WILL TAKE PLACE ALONG THE EDGE OF THE ROOT CUTTINGS. THE CONTRACTOR WILL BE REQUIRED TO PLACE A BURLAP PROTECTION COVER OVER THE CUT ROOTS. THE CONTRACTOR WILL IRRIGATION THE BURLAP WITH AN APPROPRIATE AMOUNT OF WATER IN ORDER TO KEEP THE BURLAP MOIST. 10. ALL REMAINING TREES ON SITE TO BE MONITORED FOR INSECT, FERTILIZATION, WATERING AND OVERALL HEALTH AND VIGOR WHILE BUILDING IS UNDER CONSTRUCTION BY A CERTIFIED ARBORIST. FOLLOW A WATERING SCHEDULE FOR ALL EXISTING TREES TO REMAIN AS RECOMMENDED BY ARBORIST. SOURCE OF WATER PER CONTRACTOR BUT ENSURE ARBORIST RECOMMENDATIONS ARE IMPLEMENTED. 11. THERE WILL NO STORAGE OF MATERIAL, EQUIPMENT, OR ACTIVITY ALLOWED WITHIN THE TREE PROTECTION FENCING. 12. FOR PROTECTED WALKWAYS FOR FOOT TRAFFIC, GENERAL CONTRACTOR IS TO LAY DOWN 6" MULCH WITH 3/4" PLYWOOD OVER FOR TREE PROTECTION. 13. FOR PROTECTED WALKWAYS FOR MACHINERY & STAGING TRAFFIC, GENERAL CONTRACTOR IS TO LAY DOWN 6" BASE, 3/4" PLYWOOD, AND 6' MULCH FOR TREE PROTECTION. GENERAL NOTES THIS PLAN SHOWS BOTH EXISTING AND PROPOSED CONDITIONS FOR CLARITY OF EXISTING SITE AND PROPOSED CONSTRUCTIONS ACTIVITIES RELATED TO TREES. SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y 1 = DECIDUOUS TREES = CONIFEROUS TREES = EXISTING FENCE = TREE PROTECTION FENCE = DECIDUOUS TREE TO BE REMOVED = CONIFEROUS TREE TO BE REMOVED = TREE PROTECTION AREA = EXISTING RESIDENCE FOORPRINT = PROTECTED WALKWAY (FOOT PATH) = PROTECTED WALKWAY (MACHINERY) SEE TREE PROTECTION & DRIPLINE EXCAVATION NOTE 12 SEE TREE PROTECTION & DRIPLINE EXCAVATION NOTE 13 23 5 4 67 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 KEY N 1/4" = 1'-0" CITY OF ASPEN – TREE REMOVAL / DRIPLINE EXCAVATION SPECIFICATION SHEET • A construction fence must be erected along the entire dripline of all trees on site and any tree canopy from neighboring prop erty. This will serve as the Tree Protection Zone (TPZ). This fence is to be constructed in such a manner that the area inside th e dripline is protected and must remain in place until final landscape improvements are made. AN INSPECTION OF THIS FENCE MUST BE PERFORMED BEFORE ANY CONSTRUCTION OR DEMOLITION ACTIVITIES BEGIN. PLEASE ARRANGE THIS INSPECTION WITH IAN GRAY, CITY FORESTER, AT 429-2031. • No materials may be stored in the TPZ, including but not limited to, construction backfill, construction traffic, or any other construction materials. • No excavation, grading or trenching may occur within the TPZ without the consent of the City of Aspen Forester or his designee. • No parking of vehicles or equipment and No dumping of any waste products may occur in the TPZ. • Any roots cut during excavation shall be pruned with sharp loppers/pruners back to the soil line. The roots will further be protected by burlap draped over the side of the excavation covering the exposed roots. This burlap shall be kept moist until the excavation is backfilled. • Site inspections shall be performed on a weekly basis, to ensure the above listed conditions are met. • Any unapproved improvements or activities outside of those approved within this permit will be subject to mitigation in the f orm of restoration. • This permit must be posted on site during the construction process. Drip Line Protection - City Code 13.20.020 (b)(2)(3): Recommended Trunk Protection System: Irrigation Installation Guidelines The design and layout of new irrigation systems shall follow the requirements of the City of Aspen Water Efficient Landscape Standards. Wherever possible, new irrigation lines shall be installed outside of the driplines of existing trees. Mechanical trenching for new irrigation installation shall not be used within the driplines of existing trees. This shall be restricted to hand digging in consultation with the City Forester. Roots over 2” inches in diameter shall not be cut unless absolutely necessary upon approval from the City Forester. Trenches shall not exceed 6” inches in width. The minimum depth for main lines shall be 18” inches and 12” inches for laterals. Separate irrigation zones for trees with drip, bubbler or soaker-style delivery is recommended so quantities and rates may be appropriately controlled. All trees adjacent to this construction project must receive supplemental watering on an as needed basis depending on soil conditions and precipitation. The following chart may be used a guideline: Tree Size Class Small Trees - x1 Weekly 10 gal/Inch Medium Trees - x3 per Month 10 gal/inch Large Trees - x2 per Month 15 gal/inch Tree Trunk Diameter 1” 2” 3” 4” 6” 8” 10” 12” 14” Deep Root Fork 2 gal/min 5 10 15 minutes 20 30 40 minutes 75 90 105 minutes Deep Root Needle 2 gal/min 5 10 15 minutes 20 30 40 minutes 75 90 105 minutes Soft Spray Wand 4 gal/min 3 5 8 minutes 10 15 20 minutes 38 45 53 minutes Soaker Hose 2 gal/min 5 10 15 minutes 20 30 40 minutes 75 90 105 minutes 117 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.1.16 7/16/25 PROPOSED LANDSCAPE PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 540 sq ft BRUSHED CONCRETE 1,879 sq ft CRUSHED PEBBLE CRUSHED PEBBLE PERVIOUS PAVERS (PARKING) 153 sq ft BRUSHED CONCRETE WALKWAY BRUSHED CONCRETE ZONE A 18'-0" 8' - 6 " PERENNIAL FLOWERS & FIRE RESISTANT SHRUBS, HEIGHT NOT EXCEED 30" PERENNIAL FLOWERS & FIRE RESISTANT SHRUBS, HEIGHT NOT EXCEED 30" PERENNIAL FLOWERS & FIRE RESISTANT SHRUBS PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE SM U G G L E R S T R E E T SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y ZONE B ZONE B ZONE C 23 67 8 10 14 22 25 RAISED WOOD DECK RAISED ENTRY PORCH LIGHT WELL ENTRY PATIO (TILE)ENTRY WALKWAY (SANDSET TILE PAVERS)TILE PATIO PAVER WALKWAY (SANDSET PAVERS) TRANFORMER MECH. PADWINDOW WELL WINDOW WELL WINDOW WELL AL L E Y WINDOW WELL WINDOW WELL RAISED ENTRY PORCH NEW TREE N 1/4" = 1'-0" 118 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.1.17 7/16/25 EXISTING SITE COVERAGE DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 6,000 sq ft GROSS LOT AREA 1,713 sq ft147 sq ft PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE SCALE: 1/4" = 1'-0"1 EXISTING SITE COVERAGE N 1/4" = 1'-0" 31% EXISTING SITE COVERAGE 119 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.1.18 7/16/25 PROPOSED SITE COVERAGE DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 6,000 sq ft GROSS LOT AREA 1,027 sq ft 1,652 sq ft 21 sq ft 21 sq ft PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE SCALE: 1/4" = 1'-0"1 PROPOSED SITE COVERAGE N 1/4" = 1'-0" 45.35% PROPOSED SITE COVERAGE 120 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.1.19 7/16/25 HOUSE MOVING PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 HISTORIC RESOURCE TRANSFORMER MOVE NORTH 26'-3" MO V E W E S T 7 ' - 4 " HOUSE TO BE MOVED BACK TO PROPOSED LOCATION AND SET ONTO PROPOSED FOUNDATION/STRUCTURE PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y 23 67 8 10 14 22 25 NEW TREE RIGHT OF WAY HISTORIC RESOURCE TRANSFORMER MOVE SOUTH 35'-9" DEMOLISH EXISTING SUB-GRADE WALLS SHORING, EXCAVATION, AND POURING OF NEW SUB-GRADE WALLS TO TAKE PLACE WHILE IS LOCATED IN TEMPORARY LOCATION ON SMUGGLER PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y NOTE: CONTRACTOR TO VERIFY HISTORIC FOOTPRINT DIMENSIONS ONCE HOUSE IS MOVED AND WALLS ARE SQUARED/TRUED PRIOR TO POURING OF NEW FNDN. WALLS OBTAIN TEMPORARY RIGHT OF WAY ENCROACHMENT PERMIT TO STORE HISTORIC RESOURCE ON R.O.W. 23 67 8 10 14 22 25 NEW TREE HISTORIC RESOURCE TRANSFORMER ± 10'-0 1/2" ± 1 4 ' - 0 " ± 12'-1" ± 6'-1" SHED DEMOLISH & REMOVE NON-HISTORIC ELEMENTS OF EXISTING STRUCTURE DEMOLISH & REMOVE SHED PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y ENTRY PORCH 1 23 5 4 67 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 HISTORIC RESOURCE TRANSFORMER REMOVE TREES SOUTH OF STRUCTURE REMOVE ALL OTHER TREES IMPACTED BY PROPOSED DEVELOPMENT & WILDFIRE ASSESSMENT PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE SM U G G L E R S T R E E T ED G E O F P A V E M E N T AL L E Y 1 23 5 4 67 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SCALE: 1/8" = 1'-0"4 HOUSE MOVING 4 SCALE: 1/8" = 1'-0"3 HOUSE MOVING 3 SCALE: 1/8" = 1'-0"1 HOUSE MOVING 1 SCALE: 1/8" = 1'-0"2 HOUSE MOVING 2 121 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.2.01 7/16/25 EXISTING LOWER LEVEL FLOOR PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 4'-1 1/4" 1'-11 3/4" 12'-1"10'-0 1/2"13'-6 3/4" 4'-1 1/4" 1'-11 3/4" 12'-1"10'-0 1/2"13'-6 3/4" 14 ' - 0 " 12 ' - 0 " 12 ' - 3 3 / 8 " 38 ' - 3 3 / 8 " PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE 1 A. 3 . 0 1 3 A. 3 . 0 2 4 A.3.02 2 A.3.01 5 A. 3 . 0 2 6 A. 3 . 0 2 1 1 A 2 2 4 4 5 5 6 6 B C E 3 3 SCALE: 1/4" = 1'-0"1 EXISTING LOWER LEVEL FLOOR PLAN N 1/4" = 1'-0" 122 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.2.02 7/16/25 EXISTING MAIN LEVEL FLOOR PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 D W D W W D D D W D D W W D0 1 D02 W D WW HW 2 1 A. 3 . 0 1 3 A. 3 . 0 2 4 A.3.02 2 A.3.01 5 A. 3 . 0 2 6 A. 3 . 0 2 41'-9 1/4" 4'-1 1/4" 1'-11 3/4" 12'-1"10'-0 1/2"13'-6 3/4" 6'-1"12'-1"10'-0 1/2"13'-6 3/4" 14 ' - 0 " 12 ' - 0 " 12 ' - 3 3 / 8 " 38 ' - 3 3 / 8 " PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE T.O. EXISTING PLY 100'-0" (SITE 7894.783') T.O. EXISTING F.F. 100'-3/4" (SITE 7894.90') 1 1 A 2 2 4 4 5 5 6 6 B C E 3 3 SCALE: 1/4" = 1'-0"1 EXISTING MAIN LEVEL FLOOR PLAN N 1/4" = 1'-0" 123 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.2.03 7/16/25 EXISTING ROOF LEVEL FLOOR PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 1 A. 3 . 0 1 3 A. 3 . 0 2 4 A.3.02 2 A.3.01 5 A. 3 . 0 2 6 A. 3 . 0 2 PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE 1 1 A 2 2 4 4 5 5 6 6 B C E 3 3 SCALE: 1/4" = 1'-0"1 EXISTING ROOF LEVEL FLOOR PLAN N 1/4" = 1'-0" 124 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.2.04 7/16/25 PROPOSED LOWER LEVEL FLOOR PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 1234567 D0 4 D0 3 D1 4 D1 0 D21 D2 4 D0 8 D09 D05D18 D13 D1 2 D1 1 D2 0 W04 W02 W07 W08 W05 D1 9 D2 3 D2 2 D1 5 W01 D1 7 D1 6 D0 6 D0 7 D01 D0 2 W03 W/ D W/DW/D 49 ' - 3 " 5' - 1 " 44 ' - 2 " 1' - 2 1 / 2 " 7' - 3 5 / 8 " 5 1 / 2 " 8' - 0 1 / 4 " 5 1 / 2 " 14 ' - 3 3 / 4 " 5 1 / 2 " 11 ' - 4 7 / 8 " 2 1 / 2 " 10 " 82'-9" 82'-9" 35'-4 7/8"7'-0 1/2"10'-5 1/8"4'-7"4'-7"20'-8 1/2" 11"6'-4" 7 1/2"3 1/2" 12'-9 1/2"3 1/2"2'-2"5 1/2"13'-10 3/8"5 1/2"6'-10 3/4"3 1/2"7'-6"11'-3 5/8"5 1/2"4'-6"5 1/2"6'-3 1/4"5 1/2"5'-0"3 1/2"5 1/2" 8" 44 ' - 2 " 1' - 1 1 / 2 " 5' - 4 " 3 1 / 2 " 5' - 4 " 3 1 / 2 " 10 ' - 0 1 / 2 " 5 1 / 2 " 8' - 1 1 1 / 2 " 5 1 / 2 " 10 " 10 ' - 4 " 2 1 / 2 " 11 " 10" 16'-4 1/8" 5 1/2" 11'-4 1/2" 5 1/2" 5'-9" 5 1/2" 8'-7" 3 1/2" 15'-6 3/8"5 1/2"5'-2"5 1/2"12'-9"3 1/2"2'-2"5 1/2"1'-3 1/2" 12'-11 1/2"4'-7"14'-3"4'-7"18'-1 1/2"4'-7"23'-8" 44 ' - 2 " PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE TRENCH DRAIN NOTE: ALL SHOWERS TO HAVE RECESSED PANS UP 1 A. 3 . 0 1 3 A. 3 . 0 2 4 A.3.02 2 A.3.01 5 A. 3 . 0 2 6 A. 3 . 0 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A F 1 1 3 3 4 4 6 6 7 7 8 8 10 10 11 11 2 2 9 9 E G II D 5 5 BB C H 1 A.4.01 2 A.4.10 1 A.4.01 1 A.4.021 A.4.02 1 A.4.03 2 A.4.10 2 A.4.09 2 A.4.09 2 A.4.06 1 A.4.07 2 A.4.08 2 A.4.07 1 A.4.08 MECH. LAUNDRY BUNKROOM BATH 1BEDROOM 1 FAMILY ROOM FAMILY BEDROOM 2 BEDROOM 1 BATH 1 BATH 2 BATH 3 LAUNDRY CL O S E T MECHANICAL BUNK BATH BEDROOM 3 POWDER CL O S E T GYM / SPA SAUNASTEAM WETBAR WC LI N E A R G A S F I R E P L A C E TV LIGHT WELL CLOSET CL O S E T EL E C . CL O S E T UC REF/FRZ CL O S E T CLOSET CLOSET EL E C . WET BAR & WINE STORAGE LINEAR GAS FIREPLACE TV SCALE: 1/4" = 1'-0"1 PROPOSED LOWER LEVEL FLOOR PLAN N 1/4" = 1'-0" 125 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.2.05 7/16/25 PROPOSED MAIN LEVEL FLOOR PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 1 2 3 4 5 6 7 8 BEDROOM 1 BATH 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 W1 2 D35 D33 W14W16 W13D32 D43 HW 5 HW 6 HW4 HW 3 HD 2 HD2 HW 2 D31 W18 W16 D42 W1 0 D3 0 D44 D3 4 GD 2 D4 1 D3 8 D39 D40 D36 HW 3 HD 1 HW3 D3 3 HD 4 D37 W17 W1 1 1 A. 3 . 0 1 3 A. 3 . 0 2 4 A.3.02 2 A.3.01 5 A. 3 . 0 2 6 A. 3 . 0 2 49 ' - 3 " 19 ' - 1 " 6' - 1 1 " 23 ' - 3 " 5 1 / 2 " 13 ' - 6 1 / 2 " 5 1 / 2 " 11 ' - 1 " 5 1 / 2 " 11 ' - 9 7 / 8 " 5 1 / 2 " 82'-9" 5'-0"37'-8"11'-10 1/2"10'-0 1/2"12'-1"6'-1" 5'-0"19'-8 1/2" 5 1/2" 4'-11" 5 1/2" 12'-1 1/2"11'-10 1/2"10'-0 1/2"12'-1" 1'-11 3/4" 4'-1 1/4" 44 ' - 2 " 11 ' - 8 1 / 2 " 20 ' - 5 1 / 2 " 12 ' - 0 " 11 ' - 8 1 / 2 " 20 ' - 5 1 / 2 " 5 1 / 2 " 9' - 6 1 / 2 " 2' - 0 " 82'-9" 29'-6"30'-1"5'-0"12'-1"6'-1" 9'-9"7'-8 1/2"6'-1" 3 1/2" 2'-6"4'-8 1/2"3'-0"11'-10 1/2" 5 1/2" 10'-2 3/4" 5 1/2"5 1/2"5 1/2" 12'-6" 5 1/2" 7'-3" 5 1/2" 4'-1 1/4" 18'-0" 8' - 6 " 8' - 6 " 18'-0" 18'-0" 8' - 6 " 8' - 6 " 3' - 0 " 3' - 0 " WINDOW WELL REQUIRES GUARDRAIL WINDOW WELL REQUIRES GUARDRAIL ARCHITECTURAL PROJECTION, NON-STRUCTURAL, ORNAMENTAL FEATURE ALLOWED INTO SETBACK PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE ELECTRICAL PANEL ELECTRICAL PANEL NOTE: ALL SHOWERS TO HAVE RECESSED PANS T.O. PLY @ HISTORIC 100'-0" (SITE 7894.65') T.O. FINISHED FLOOR 100'-2 1/4" HP1 GUEST BEDROOM T.O. PLY @ ADDITION 99'-0" (SITE 7893.65') T.O. FINISHED FLOOR 99'-2 1/4" UP UP DN UP T.O. PLY @ ADDITION 97'-6" AL L E Y CU 1 CU 2 CU 3 14 15 16 17 18 19 20 21 22 23 GD 1 LIVING DWFRZ REF PANTRY A F 1 1 3 3 4 4 6 6 7 7 8 8 10 10 11 11 2 2 9 9 E G II D 5 5 BB C H 1 A.4.01 2 A.4.10 1 A.4.01 1 A.4.021 A.4.02 1 A.4.03 2 A.4.10 2 A.4.09 2 A.4.09 2 A.4.06 1 A.4.07 2 A.4.08 2 A.4.07 1 A.4.08 1 2 3 UNIT 2 GARAGE ST A I R W E L L GA L L E R Y ENTRY DECK ENTRY PORCH ENTRY POWDER MUDROOM DINING BENCH w/ STORAGE BELOW CLOSET MECH. CHASE ME C H . CH A S E CUBBIES SLAT WALL STORAGE LI N E N TE C T U S HI N G E D O O R BU I L T - I N S T O R A G E BUILT-IN STORAGE CLOSET TR KITCHEN UNIT 1 GARAGE BU I L T - I N DB L . W A L L OV E N LIGHT WELL GAS COOKTOP WINDOW WELL WINDOW WELL WINDOW WELL WINDOW WELL WINDOW WELL ENTRY WALKWAY SCALE: 1/4" = 1'-0"1 PROPOSED MAIN LEVEL FLOOR PLAN N 1/4" = 1'-0" 126 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.2.06 7/16/25 PROPOSED UPPER LEVEL FLOOR PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 9 10 11 12 13 14 15 16 17 18 W26W29W27W28 W39W37W38 W3 1 W3 0 W3 2 W3 3 W2 0 D5 5 D56 D5 4 W3 4 D5 1 W3 5 W40 W2 3 W2 4 W2 5 W2 2 D5 0 D52 W2 1 W/D 1 A. 3 . 0 1 3 A. 3 . 0 2 4 A.3.02 2 A.3.01 5 A. 3 . 0 2 6 A. 3 . 0 2 49 ' - 3 " 82'-9" 44 ' - 2 " 82'-9" 5'-0"29'-6"8'-2"11'-10 1/2"24'-1 1/4"4'-1 1/4" 5'-0"3'-10 1/2" 1/2" 5'-8 1/2" 1/2" 5'-6 5/8" 5 1/2" 15'-4 3/8"11'-10 1/2"6'-2"24'-1 1/4" 5 1/2" 4'-1 1/4" 16'-9 5/8" 3 1/2" 7'-5" 3 1/2" 7'-2 3/8"9'-8" 5'-0"32'-0"9'-8"17'-11"12'-1"6'-1" 14 ' - 0 " 12 ' - 0 " 12 ' - 3 3 / 8 " 11 ' - 8 1 / 2 " 24 ' - 0 " 8' - 5 1 / 2 " 3 1 / 2 " 5' - 6 " 3 1 / 2 " 4' - 9 5 / 8 " 3 1 / 2 " 1' - 1 1 / 8 " 5 1 / 2 " 6' - 2 " 3 1 / 2 " 2' - 3 1 / 2 " 5 1 / 2 " 15 ' - 4 1 / 4 " 6' - 1 0 1 / 2 " ARCHITECTURAL PROJECTION, NON-STRUCTURAL, ORNAMENTAL FEATURE ALLOWED INTO SETBACK ARCHITECTURAL PROJECTION, NON-STRUCTURAL, ORNAMENTAL FEATURE ALLOWED INTO SETBACK NOTE: ALL SHOWERS TO HAVE RECESSED PANS PRIMARY BEDROOM LIVING PRIMARY CLOSET PRIMARY BATH DECK STAIRS PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE KITCHEN NOTE: ALL SHOWERS TO HAVE RECESSED PANS DN D5 3 DW REF FRZBUILT-IN DBL.WALL OVEN TR DW GAS COOKTOP A F 1 1 3 3 4 4 6 6 7 7 8 8 10 10 11 11 2 2 9 9 E G II D 5 5 BB C H 1 A.4.01 2 A.4.10 1 A.4.01 1 A.4.021 A.4.02 1 A.4.03 2 A.4.10 2 A.4.09 2 A.4.09 2 A.4.06 1 A.4.07 2 A.4.08 2 A.4.07 1 A.4.08 DINING LINEAR GAS FIREPLACE TV SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " LI N E A R G A S F I R E P L A C E SH E L V E S SH E L V E S PANTRY POWDER WOOD WALL W/ HIDDEN DOOR SLOPED ROOF 6" : 12" SLOPED ROOF 13 1/2" : 12" SLOPED ROOF 13 1/2" : 12" SL O P E D RO O F 5" : 1 2 " SL O P E D RO O F 13 1 / 2 " : 1 2 " LIGHT WELL SCALE: 1/4" = 1'-0"1 PROPOSED UPPER LEVEL FLOOR PLAN N 1/4" = 1'-0" 127 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.2.07 7/16/25 PROPOSED ROOF LEVEL PLAN DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 1 A. 3 . 0 1 3 A. 3 . 0 2 4 A.3.02 2 A.3.01 5 A. 3 . 0 2 6 A. 3 . 0 2 PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE SE T B A C K L I N E SE T B A C K L I N E SETBACK LINE SETBACK LINE IJ BE G A F 1 1 3 3 4 4 6 6 7 7 8 8 10 10 11 11 2 2 9 9 E G II D 5 5 BB C H 1 A.4.01 2 A.4.10 1 A.4.01 1 A.4.021 A.4.02 1 A.4.03 2 A.4.10 2 A.4.09 2 A.4.09 2 A.4.06 1 A.4.07 2 A.4.08 2 A.4.07 1 A.4.08 SKYLIGHT SLOPED ROOF 6" : 12" SLOPED ROOF 13 1/2" : 12" SLOPED ROOF 13 1/2" : 12" SL O P E D RO O F 5" : 1 2 " SL O P E D RO O F 13 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " SL O P E D RO O F 10 1 / 2 " : 1 2 " FLAT ROOF 1/4" : 12" SLOPED ROOF 1 1/2" : 12" PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL PV PANEL HP1 HP2 HP3 HK AD C F SCALE: 1/4" = 1'-0"1 PROPOSED ROOF LEVEL FLOOR PLAN N 1/4" = 1'-0" 128 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.3.01 7/16/25 EXISTING ELEVATIONS: SOUTH & WEST DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 AREA OF ROOF SUBJECT TO DEMO APPLICANT TO INVESTIGATE FRAMING OF CURRENT PORCH ROOF TO DETERMINE IF IT WAS ALTERED SEE PROPOSED SOUTH AND WEST ELEVATION FOR PROPOSED ALTERNATE SLOPING PORCH ROOF EXISTING PORCH & COLUMNS TO BE REMOVED AND RECONSTRUCTED EXISTING PORCH & COLUMNS TO BE REMOVED AND RECONSTRUCTED EXISTING NON-HISTORIC CHIMNEY FLUE TO BE REMOVED SHINGLE ROOFING TO BE REMOVED PRESERVE ALL HISTORIC TRIM AND DETAILING, RESTORE IF REQUIRED A A B B C C E E T.O. HISTORIC PLY 100'-0" T.O. EXISTING BASEMENT SLAB 89'-6 1/4" T.O. HISTORIC PLY 100'-0" T.O. EXISTING BASEMENT SLAB 89'-6 1/4" 6 6 5 5 4 4 3 3 2 2 1 1 AREA SUBJECT TO DEMO NOT HISTORIC (TO BE REMOVED) APPLICANT TO INVESTIGATE FRAMING OF CURRENT PORCH ROOF TO DETERMINE IF IT WAS ALTERED SEE PROPOSED SOUTH AND WEST ELEVATION FOR PROPOSED ALTERNATE SLOPING PORCH ROOF EXISTING PORCH & COLUMNS TO BE REMOVED AND RECONSTRUCTED SHINGLE ROOFING TO BE REMOVEDMETAL ROOFING TO BE REMOVED NON-HISTORIC FLUE TO BE REMOVED T.O. HISTORIC PLY 100'-0" T.O. EXISTING BASEMENT SLAB 89'-6 1/4" T.O. HISTORIC PLY 100'-0" T.O. EXISTING BASEMENT SLAB 89'-6 1/4" SCALE: 1/4" = 1'-0"1 EXISTING SOUTH ELEVATION SCALE: 1/4" = 1'-0"2 EXISTING WEST ELEVATION 129 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.3.02 7/16/25 EXISTING ELEVATIONS: NORTH & EAST DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 E E C C A A B B NOT HISTORIC (TO BE REMOVED) EXISTING WINDOW WELLS TO BE REMOVED EXISTING STAIRWELL AND SUB-GRADE WALLS TO BE REMOVED EXISTING NON-HISTORIC CHIMNEY FLUE TO BE REMOVED OVER-FRAMED ROOF TO BE REMOVED EXISTING HISTORIC WALL & SIDING TO REMAIN PRESERVE REMAINING SIDING ON HISTORIC PORTIONS OF EXTERIOR WALLS EXISTING NON-HISTORIC DECK AND STEPS TO BE REMOVED T.O. HISTORIC PLY 100'-0" T.O. EXISTING BASEMENT SLAB 89'-6 1/4" T.O. HISTORIC PLY 100'-0" T.O. EXISTING BASEMENT SLAB 89'-6 1/4" NOT HISTORIC (TO BE REMOVED) EXISTING PORCH & COLUMNS TO BE REMOVED AND RECONSTRUCTED SHINGLE ROOFING TO BE REMOVED NON-HISTORIC FLUE TO BE REMOVED NON-HISTORIC WINDOW TO BE REMOVED 1 1 2 2 3 3 4 4 5 5 6 6 T.O. HISTORIC PLY 100'-0" T.O. EXISTING BASEMENT SLAB 89'-6 1/4" T.O. HISTORIC PLY 100'-0" T.O. EXISTING BASEMENT SLAB 89'-6 1/4" SCALE: 1/4" = 1'-0"1 EXISTING NORTH ELEVATION SCALE: 1/4" = 1'-0"2 EXISTING EAST ELEVATION 130 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.3.03 7/16/25 PROPOSED ELEVATIONS: SOUTH & WEST DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 W10 W20 HW2 HW3 HD2 W25 W24 W23 W22 D30 HD1 HW3 W21 NEW CLASS A COMPOSITE SHINGLE, SPEC TBD w/ HPC NEW PAINTED METAL SNOW STOPS 4" TALL ADDRESS NUMBERS TO BE ATTACHED TO HISTORIC SIDING NEW DECORATIVE WALL SCONCE ENTRY LIGHT, SEE EXT. LIGHTING PLANS NEW HALF-ROUND METAL GUTTERS, COLOR TO MATCH FASCIA TRIM PROPOSED LOCATION FOR FIRE STROBE LIGHT A EDBC F G H I HISTORIC WOOD SIDING TO REMAIN, NEW PAINT (COLOR TBD) HISTORIC WINDOWS TO BE PRESERVED HISTORIC DOORS TO BE PRESERVED, NEW DOOR HARDWARE SPECS TO BE PROVIDED AT TIME OF PERMIT PROPOSED FDC LOCATION PRESERVE AND REPAIR DECORATIVE TRIM AT BAY WINDOW NEW CHIMNEY FLUE TO BE REPLICATED & LOCATED PER HISTORIC PHOTOS SE T B A C K L I N E PR O P E R T Y L I N E SE T B A C K L I N E PR O P E R T Y L I N E T.O. HISTORIC PLY 100'-0" T.O. HISTORIC PLY 100'-0" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" W29 W28 W27 W26 W14 W16 HW4 HD2W13 D31 D32 AFTER FRAMING INVESTIGATION, AND HPC APPROVAL, NEW PORCH ROOF TO BE FRAMED TO MIMIC HISTORIC ENTRY PORCH DETAILING 11 10 9 8 7 6 4 3 2 15 HISTORIC WOOD SIDING TO REMAIN HISTORIC WINDOWS TO BE PRESERVED HISTORIC DOORS TO BE PRESERVED, NEW DOOR HARDWARE SPECS TO BE PROVIDED AT TIME OF PERMIT NEW CHIMNEY FLUE TO BE REPLICATED & LOCATED PER HISTORIC PHOTOS NEW CLASS A COMPOSITE SHINGLE, SPEC TBD w/ HPC NEW LIFT & SLIDE DOOR IN HISTORIC WALL RAILING AROUND WINDOW WELL MECHANICAL SCREENING PAINTED METAL SNOW STOPS RAILING AROUND WINDOW WELL ALUMINUM WINDOW ALUMINUM DOOR NEW SNOW FENCE, COLOR TO MATCH STANDING SEAM ROOFING PERFORATED METAL RAILING PERFORATED METAL SCREENING NEW PV PANELS NEW 6" HORIZONTAL COMPOSITE RAIN-SCREEN SIDING, COLOR TO BE APPROVED BY HPC FILL INDICATES VIEW FROM SMUGGLER STREET PR O P E R T Y L I N E SE T B A C K L I N E SE T B A C K L I N E SE T B A C K L I N E PR O P E R T Y L I N E T.O. HISTORIC PLY 100'-0"T.O. ADDITION MAIN LEVEL PLY 99'-0" T.O. ADDITION UPPER LEVEL PLY 110'-2" T.O. MUDROOM PLY 97'-6" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" SE T B A C K L I N E SCALE: 1/4" = 1'-0"1 PROPOSED SOUTH ELEVATION SCALE: 1/4" = 1'-0"2 PROPOSED WEST ELEVATION 131 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.3.04 7/16/25 PROPOSED ELEVATIONS: NORTH & EAST DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 HD4 W30W31W32W33 W34 W35 W36 GD2D34 D51 GD1 AECDIHGFB NEW 6" HORIZONTAL COMPOSITE RAIN-SCREEN SIDING, COLOR TO BE APPROVED BY HPC ARCHITECTURAL FEATURE "WING WALL" NOT ALLOWED TO GO ALL THE WAY TO FINISHED GRADE PER SETBACK CODE FROSTED GLASS 4-PANEL GARAGE DOOR PERFORATED METAL SCREEN RAILING NEW ALUMINUM WINDOWSNEW ALUMINUM WINDOWS NEW ALUMINUM DOORS NEW SNOW FENCE, COLOR TO MATCH STANDING SEAM ROOFING NEW PV PANELS NEW CHIMNEY FOR FIREPLACE TERMINATIONS WITHIN ADDITION PERFORATED METAL SCREENING FOR MECHANICAL EQUIPMENT FROSTED GLASS 4-PANEL GARAGE DOOR WITH CENTER DIVIDER TO MEET RDS CODE ARCHITECTURAL FEATURE "WING WALL" SE T B A C K L I N E PR O P E R T Y L I N E SE T B A C K L I N E PR O P E R T Y L I N E T.O. ADDITION UPPER LEVEL PLY 110'-2" T.O. ADDITION UPPER LEVEL PLY 110'-2" TOP PLATE @ EAST GABLE 118'-11" TOP PLATE @ WEST GABLE 118'-11" T.O. ADDITION MAIN LEVEL PLY 99'-0" T.O. ADDITION MAIN LEVEL PLY 99'-0" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" T.O. MUDROOM PLY 97'-6" T.O. GARAGE SLAB 97'-7 5/8" NON- HISTORIC WINDOW TO BE REMOVED W37W38W39W40 W18 W16 D33 W17 HW3 NEW METAL SNOW STOPS, PER IBC 1 2 3 4 6 7 8 9 10 115 HISTORIC WOOD SIDING TO REMAIN HISTORIC WINDOWS TO BE PRESERVED NEW CHIMNEY FLUE TO BE REPLICATED & LOCATED PER HISTORIC PHOTOS NEW CLASS A COMPOSITE SHINGLE, SPEC TBD w/ HPC STANDING SEAM METAL SIDING SNOW FENCE ON METAL ROOF, TYP. PERFORATED METAL RAILING AT DECK PERFORATED METAL SCREENING SNOW FENCE ON METAL ROOF, TYP. NEW PV PANELS PERFORATED METAL RAILING AT DECK NEW ALUMINUM WINDOWS NEW 6" HORIZONTAL COMPOSITE RAIN-SCREEN SIDING, COLOR TO BE APPROVED BY HPC ELECTRICAL PANELS TRANSFORMER CONDENSING UNITS PR O P E R T Y L I N E SE T B A C K L I N E SE T B A C K L I N E SE T B A C K L I N E PR O P E R T Y L I N E T.O. HISTORIC PLY 100'-0"T.O. ADDITION MAIN LEVEL PLY 99'-0" T.O. ADDITION UPPER LEVEL PLY 110'-2" T.O. MUDROOM PLY 97'-6" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" SCALE: 1/4" = 1'-0"1 PROPOSED NORTH ELEVATION SCALE: 1/4" = 1'-0"2 PROPOSED EAST ELEVATION 132 ISSUE SCHEMATIC DESIGN SET THIS SET PUBLISHED ON Scale: AS NOTED CONSULTANT RFP SET HPC APPLICATION SET PRELIMINARY PRICING SET KI E N A S T S K I H O U S E 40 6 W E S T S M U G G L E R S T R E E T AS P E N , C O L O R A D O 8 1 6 1 1 PA R C E L I D : 2 7 3 5 1 2 4 1 2 0 0 3 ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT T H E S I T E . A N Y D I M E N S I O N A L DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. A.3.05 7/16/25 PROPOSED ELEVATIONS: SOUTH (ADDITION) & NORTH (HISTORIC) DATE 11/7/24 w w w . k i m r a y m o n d a r c h i t e c t s . c o m 9 7 0 - 9 2 5 - 2 2 5 2 7/16/25 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 2/6/25 3/28/25 4/30/25 D EB G I W25 W24 W23 W22 W12 W20 W10 D50 D30 W21 W11 NEW ALUMINUM WINDOWS NEW PERFORATED METAL RAILING AT DECK NEW ALUMINUM LIFT AND SLIDE DOOR NON-ORTHOGONAL WINDOW, SUBJECT TO RDS APPROVAL NEW 6" HORIZONTAL COMPOSITE RAIN-SCREEN SIDING, COLOR TO BE APPROVED BY HPC PAINTED METAL SIDING NEW ALUMINUM PIVOT ENTRY DOOR PROPOSED FDC LOCATION FIRE ALARM STROBE PAINTED METAL WING-WALL ENDS NON-ORTHOGONAL WINDOW, SUBJECT TO RDS APPROVAL T.O. ADDITION UPPER LEVEL PLY 110'-2" T.O. ADDITION UPPER LEVEL PLY 110'-2" TOP PLATE @ EAST GABLE 118'-11" TOP PLATE @ WEST GABLE 118'-11" T.O. ADDITION MAIN LEVEL PLY 99'-0" T.O. ADDITION MAIN LEVEL PLY 99'-0" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" SE T B A C K L I N E PR O P E R T Y L I N E SE T B A C K L I N E PR O P E R T Y L I N E F ACIHB HW5HW6 HD4 CABLE RAILING AROUND WINDOW WELL, REQUIRED BY IBC NEW ENTRY DOOR, RE: HISTORIC PHOTOS FOR LOCATIONNEW DOUBLE-HUNG WINDOW IN HISTORIC WALL, RE: HISTORIC PHOTOS AND/OR HISTORIC FRAMING FOR PLACEMENT NEW DOUBLE-HUNG WINDOW IN HISTORIC WALL, RE: HISTORIC PHOTOS AND/OR HISTORIC FRAMING FOR PLACEMENT NEW CHIMNEY FLUE TO BE REPLICATED & LOCATED PER HISTORIC PHOTOS SE T B A C K L I N E PR O P E R T Y L I N E SE T B A C K L I N E PR O P E R T Y L I N E T.O. HISTORIC PLY 100'-0" T.O. HISTORIC PLY 100'-0" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" T.O. PROPOSED BASEMENT SLAB 84'-7 1/2" SCALE: 1/4" = 1'-0"1 PROPOSED SOUTH ELEVATION (ADDITION) SCALE: 1/4" = 1'-0"2 PROPOSED NORTH ELEVATION (HISTORIC) 133 1 99739698.1 OPERATING AGREEMENT OF SMUGGLER MOUNTAIN HOLDCO, LLC This Company Agreement (“Agreement”) of Smuggler Mountain HoldCo, LLC (“Company”) is made as of October 28, 2024 (“Effective Date”) by Dax T.S. Mitchell, an individual (“Initial Member”). The Initial Member, as sole member of the Company as of the date hereof, hereby agrees, and all further “Members” (as defined in Section 19 below) agree, to operate the Company on the terms and conditions set forth herein as a Delaware limited liability company pursuant to the Delaware Liability Company Act (Section 18-101, et seq.) (the “Act”). In the event of an inconsistency between this Agreement and the Act, this Agreement shall govern. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the least degree possible in order to make this Agreement effective under the Act. 1. Name. The name of the Company shall be Smuggler Mountain HoldCo, LLC. The Company was formed on October 28, 2024 by the filing of the Articles of Organization with the Delaware Secretary of State. 2. Purpose and Powers. The Company shall have the power to engage in any lawful act or activity for which limited liability companies may be formed under the Act, including acquiring, developing, owning and improving real property located in Colorado, and such other activities related to real property ownership and in furtherance of such business activities as ma y be necessary, advisable or appropriate, in the opinion of the Manager. Without limitation, the Company may acquire, develop, own and improve that certain real property commonly referred to as 406 W. Smuggler Street, Aspen, Colorado 81611. 3. Principal Business Office. The principal business office of the Company shall be located at 3889 Maple Ave., Suite 500, Dallas, Texas 75219, or at such other location as may hereafter be determined by the Manager (as defined in Section 11 below). 4. Members. The names and the street addresses of the Members are set forth on Exhibit A. 5. Limited Liability. Except as otherwise provided by the Act, the debts, obligations and liabilities of the Company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the Company, and the Members shall not be obligated personally for any such debt, obligation or liability of the Company solely by reason of being a member of the Company. The failure of the Company to observe any formalities or requirements relating to the exercise of its powers or management of its business or affairs under this Agreement or the Act shall not be grounds for imposing personal liability on the Members. No annual or regular meetings of Members are required. Docusign Envelope ID: 073ED50B-BCF4-4897-AA59-7CDAF1BA0C3F 134 2 99739698.1 6. Capital Contributions. The Initial Member shall make capital contributions to the Company as set forth in Exhibit A not later than the date designated by the Manager entitling the Initial Member to have the percentage interests in the Company (“Percentage Interests”) as set forth in Exhibit A, subject to adjustment by Section 7. 7. Additional Contributions. No Member is required to make any additional capital contribution to the Company. However, a Member may make additional capital contributions to the Company with the consent of the Manager then acting. Upon the making of any such additional capital contributions, the Manager shall adjust the Percentage Interests of the Members such that each Member’s Percentage Interest in the Company expressed as a percentage equal to a fraction the numerator of which is the amount of capital contributions such Member has made to the Company and the denominator of which is the total amount of capital contributions made to the Company by all of the Members. 8. Capital Accounts. A separate capital account shall be established and maintained for each Member throughout the full term of the Company in accordance with the capital accounting rules set forth in Section 1.704-1(b)(2)(iv) of the Treasury Regulations. No Member shall be entitled to receive any interest on its capital contributions. 9. Allocation of Profits and Losses. 9.1 The Company’s profits and losses shall be allocated to the Members in proportion to their respective Percentage Interests. 9.2 Notwithstanding Section 9.1, in accordance with Section 704(c) of the Internal Revenue Code of 1986, as amended (“Code”) and the Treasury Regulations promulgated with respect thereto, income, gain, loss and deduction with respect to any property contributed to the capital of the Company shall be allocated among the Members, solely for federal and state income tax purposes so as to take account of any variation between the Company’s initial tax basis in the property and the fair market value of the property at the time of contribution. 10. Distributions. Distributions shall be made to the Members at the times and in the aggregate amounts determined by the Manager, subject to the requirements of the Act. Such distributions shall be allocated among the Members in the same proportion as their respective Percentage Interests. 11. Management. The Company shall be a manager-managed limited liability company for purposes of the Act and shall be managed by a manager (“Manager”). Dax T.S. Mitchell, an individual, is hereby appointed and shall serve as the Manager until such time as a replacement is appointed by the consent of the Members holding a majority of the Percentage Interests. The Manager shall have full authority to manage the Company, including having the power to do any and all acts necessary, convenient or incidental to or for the furtherance of the purposes described in Section 2, including all powers statutory or otherwise possessed by members of a limited liability company under the laws of the State of Delaware. Without limitation, the Manager may (a) cause the Company to incur debts, liabilities and obligations incurred in connection with and in furtherance of the Company’s primary purpose set forth in Section 2 and (b) appoint one or more individuals to serve as officers of the Company with such authority as is set forth in Sections Docusign Envelope ID: 073ED50B-BCF4-4897-AA59-7CDAF1BA0C3F 135 3 99739698.1 12 and 13 of this Agreement Any matter requiring the approval of the Members, other than those matters requiring unanimous written consent of the members of the Company under the Act, may be decided by the Manager.. 12. Officers. Officers (if any) appointed by the Manager, at its discretion, shall be subject to the following: 12.1 The officers of the Company shall be a President, a Secretary, and a Treasurer. The Company may also have, at the discretion of the Manager, a Chief Operating Officer, one or more Executive Vice Presidents or Vice Presidents, one or more Assistant Secretaries, one or more Assistant Treasurers, and such other officers as may be elected or appointed in accordance with the provisions of Section 12.3. The Manager hereby appoints the following officer of the Company to serve as such as of the Effective Date until his resignation, removal, or other disqualification from service, or until his successor shall be elected as provided in Section 12.2: Dax T.S. Mitchell, President. 12.2 The officers of the Company, except such officers as may be elected or appointed in accordance with the provisions of Section 12.3 or Section 12.5, shall be chosen annually by, and shall serve at the pleasure of, the Manager, and shall hold their respective offices until their resignation, removal, or other disqualification from service, or until their respective successors shall be elected. 12.3 The Manager may elect, and may empower the President to appoint, such other officers as the business of the Company may require, each of whom shall hold office for such period, have such authority, and perform such duties as are provided in this Agreement or as the Manager may from time to time determine. 12.4 Any officer may be removed, either with or without cause, by the Manager at any time or, except in the case of an officer chosen by the Manager, by any officer upon whom such power of removal may be conferred by the Manager. Any such removal shall be without prejudice to the rights, if any, of the officer under any contract of employment of the officer. Any officer may resign at any time by giving written notice to the Company, but without prejudice to the rights, if any, of the Company under any contract to which the officer is a party. Any such resignation shall take effect at the date of the receipt of such notice or at any later time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 12.5 A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled in the manner prescribed in this Agreement for regular election or appointment to such office. 12.6 The Chief Operating Officer, if there shall be such an officer, shall, if present, preside at all meetings of the Members and exercise and perform such other powers and duties as may be from time to time assigned by the Manager. 12.7 Subject to such powers, if any, as may be given by the Manager to the Chief Operating Officer, if there be such an officer, the President is the general manager and chief executive officer of the Company and has, subject to the control of the Manager, general Docusign Envelope ID: 073ED50B-BCF4-4897-AA59-7CDAF1BA0C3F 136 4 99739698.1 supervision, direction, and control of the business and officers of the Company. The President shall preside in the absence of the Chief Operating Officer, or if there be none, at all meetings of the Members. The President has the general powers and duties of management usually vested in the office of president and general manager of a limited liability company and such other powers and duties as may be prescribed by the Manager. 12.8 In the absence or disability of the President, the Vice Presidents (including Executive Vice Presidents) in order of their rank as fixed by the Manager or, if not ranked, the Vice President (or Executive Vice President) designated by the Manager, shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions upon the President. The Vice Presidents (including Executive Vice Presidents) shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Manager. 12.9 The Secretary shall keep or cause to be kept, at the principal executive office and such other place as the Manager may order, a book of minutes of all meetings of the Members. The Secretary shall keep, or cause to be kept, a copy of the Operating Agreement of the Company at the principal executive office or business office. The Secretary shall have such other powers and perform such other duties as may be prescribed by the Manager. 12.10 The Treasurer is the chief financial officer of the Company and shall keep and maintain, or cause to be maintained, adequate and correct accounts of the properties and business transactions of the Company, and shall send or cause to be sent to the Members such financial statements and reports as are by law or the Operating Agreement required to be sent them. The books of account shall at times be open to inspection by any Member. The Treasurer shall deposit all moneys and other valuables in the name and to the credit of the corporation with such depositories as may be designated by the Manager. The Treasurer shall disburse the funds of the Company as may be ordered by the Manager, shall render to the President and Members, whenever they request it, an account of all transactions as Treasurer and of the financial condition of the Company, and shall have such other powers and perform such other duties as may be prescribed by the Manager. 13. Endorsement of Documents, Contracts. Subject to the provisions of applicable law, any note, mortgage, evidence of indebtedness, contract, certificate, initial transaction statement or written statement, conveyance, or other instrument in writing and any assignment or endorsements thereof executed or entered into between the Company and any other person, when signed by (a) the Manager, on behalf of the Company, or (b) in the event officers have been appointed by the Manager pursuant to Section 12, any officer, shall be valid and binding on the Company in the absence of actual knowledge on the part of the other person that the signing officer or the Manager of the Company, as the case may be, had no authority to execute the same. Any such instruments may be signed by any other person or persons and in such manner as from time to time shall be determined by the Manager and, unless so authorized by the Manager, no officer, agent or employee shall have any power or authority to bind the Company by any contract or engagement or to pledge its credit or to render it liable for any purpose or amount. 14. Expenses. The Manager shall be reimbursed all reasonable expenses incurred in managing the Company. Docusign Envelope ID: 073ED50B-BCF4-4897-AA59-7CDAF1BA0C3F 137 5 99739698.1 15. Other Business; Transactions with the Company. The Members and any person or entity affiliated with any of the Members may, directly or indirectly, engage in or possess an interest in other business ventures (unconnected with the Company) of every kind and description, independently or with others, including without limitation those that might compete, directly or indirectly, with the Company. None of the Company or the other Members shall have any rights in or to such independent ventures or the income or profits therefrom by virtue of this Agreement. Subject to any limitations set forth in this Agreement and after full disclosure of the Member’s involvement to the other Members, a Member may lend money to and transact other business with the Company. Subject to other applicable law, such Member has the same rights and obligations with respect thereto as a person who is not a Member. 16. Exculpation and Indemnification. No Member, the Manager or officer of the Company shall be liable to the Company, any other Members, the Manager, officers of the Company or any other person or entity who has an interest in the Company for any loss, damage or claim incurred by reason of any act or omission performed or omitted by such Member, Manager or officer in good faith on behalf of the Company and in a manner reasonably believed to be within the scope of the authority conferred on such Member, Manager or officer by this Agreement, except that each Member, Manager and officer shall be liable for an y such loss, damage or claim incurred by reason of such Member’s, Manager’s or officer’s gross negligence or willful misconduct. To the full extent permitted by applicable law, each Member, Manager and officer shall be entitled to indemnification from the Company for any loss, damage or claim incurred by such Member, Manager or officer by reason of any act or omission performed or omitted by such Member, Manager or officer in good faith on behalf of the Company and in a manner reasonably believed to be within the scope of the authority conferred on such Member, Manager or officer by this Agreement, except that no Member, Manager or officer shall be entitled to be indemnified in respect of any loss, damage or claim incurred by such Member, Manager or officer by reason of gross negligence or willful misconduct with respect to such acts or omissions; provided, however, that any indemnity under this Section 16 shall be provided out of and to the extent of Company assets only, and no Member, Manager or officer shall have personal liability on account thereof. 17. Assignments. A Member may not assign in whole or in part its limited liability company interest without the written consent of the Manager; provided, however, that a Member may make any such assignment without the consent of the Manager to an entity which controls, is controlled by or is under common control with the assigning Member. If a Member transfers all of its interest in the Company pursuant to this Section, the transferee shall be admitted to the Company upon its execution of an instrument signifying its agreement to be bound by the terms and conditions of this Agreement. Such admission shall be deemed effective immediately prior to the transfer, and, immediately following such admission, the transferor Member shall cease to be a member of the Company. 18. Fiscal Year. Subject to the requirements of the Code, the fiscal year of the Company shall be the calendar year. 19. Admission of Additional Members; Withdrawals and Resignations. One (1) or more additional members of the Company may be admitted to the Company from time to time, with the written consent of the Members, subject to Section 17, each of which shall be a “Member” Docusign Envelope ID: 073ED50B-BCF4-4897-AA59-7CDAF1BA0C3F 138 6 99739698.1 and all of which, collectively shall be the “Members” hereunder. No Member may withdraw or resign from the Company without the approval of the other Members. 20. Term; Dissolution. 20.1 The Company’s existence commenced upon the filing of the Articles of Organization with the Delaware Secretary of State and shall continue until terminated and dissolved as provided herein. The Company shall not have the obligation to cause a Member’s interest in the Company to be purchased pursuant to the Act upon dissociation of the Member. 20.2 The Company shall dissolve, and its affairs shall be wound up, upon the occurrence of an event specified in the Act. In the event of dissolution, the Company shall conduct only such activities as are necessary to wind up its affairs (including the sale of the assets of the Company in an orderly manner), and the assets of the Company shall be applied in the manner, and in the order of priority, set forth in the Act. (a) Upon liquidation of the Company (or any Member’s interest in the Company), liquidating distributions shall in all cases be made in accordance with the positive capital account balances of the Members. (b) The Members do not intend or expect that any Member will have a deficit balance in such Member’s capital account upon liquidation of the Company or the Member’s interest in the Company. If, however, following such a liquidation, a Member has a deficit balance in such Member’s capital account after profits and losses have been allocated pursuant to this Agreement and all other adjustments have been made to such Member’s capital account, such Member shall restore such deficit balance. 21. Partnership Representative. The “Partnership Representative” of the Company, as defined in Section 6223(a) of the Code and the Treasury Regulations promulgated thereunder (referred to as “Centralized Partnership Audit Rules”) shall be the Initial Member. If the Initial Member is no longer a Member for any reason, the Partnership Representative shall be a Member selected by the consent of the Members holding a majority in interest of the Percentage Interests to hold such position from time to time. The Partnership Representative shall make all decisions required or which may be permitted in respect of the Centralized Partnership Audit Rules, including (i) causing the Company to elect out of the audit procedures if legally permissible, (ii) causing the Company to pay any imputed underpayment with respect to any adjustment, (iii) extending the statute of limitations with respect to the Company and any current or former Member; and (iv) making any other election or take any other action as permitted by the Centralized Partnership Audit Rules, subject to the approval of the Manager. The Members hereby agree that the Company may choose to apply the alternate payment provisions of Code Section 6226 and the Treasury Regulations thereunder with respect to any imputed underpayment and that each Member will promptly pay its share of the imputed underpayment as provided in such Section. The Partnership Representative shall receive no compensation from the Company for its services in that capacity, but all expenses incurred by the Partnership Representative or any of its employees related to matters of the Company (including professional fees for such accountants, payroll and related employee benefits for individuals providing accounting services, attorneys and agents as the Partnership Representative in its discretion determines are necessary to or useful in Docusign Envelope ID: 073ED50B-BCF4-4897-AA59-7CDAF1BA0C3F 139 7 99739698.1 the performance of its duties in that capacity) directly related to the performance of these services shall be borne by the Company. The Partnership Representative shall be entitled to exculpation and indemnification with respect to any action it takes or fails to take as Partnership Representative with respect to any administrative or judicial proceeding involving “partnership items” (as defined in Section 6231(a) of the Code) of the Company to the extent provided under Section 16. 22. Separability of Provisions. Each provision of this Agreement shall be considered separable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceability or illegality shall not impair the operation of or affect those portions of this Agreement which are valid, enforceable and legal. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original of this Agreement. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior understandings or agreements between the parties. 25. Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of Delaware (without regard to conflict of laws principles), all rights and remedies being governed by said laws. 26. Amendments. This Agreement may not be modified, altered, supplemented or amended except pursuant to a written agreement executed and delivered by all of the Members. [Signature Page to Follow] Docusign Envelope ID: 073ED50B-BCF4-4897-AA59-7CDAF1BA0C3F 140 99739698.1 IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, has duly executed this Agreement as of the Effective Date. DAX T.S. MITCHELL [Signature Page to Company Agreement (Smuggler Mountain HoldCo, LLC)] Docusign Envelope ID: 073ED50B-BCF4-4897-AA59-7CDAF1BA0C3F 141 99739698.1 EXHIBIT A MEMBERS, INITIAL CAPITAL CONTRIBUTIONS AND PERCENTAGE INTERESTS Name Capital Contributions Percentage Interests Dax T.S. Mitchell 3889 Maple Ave., Suite 500 Dallas, Texas 75219 $1,000 $100% Docusign Envelope ID: 073ED50B-BCF4-4897-AA59-7CDAF1BA0C3F 142 ALLEY B L O C K 3 3 SMUG G L E R S T R E E T 77.65' R O W789278 9 2 7892 78 9 3 7 8 9 4 78 9 5 7894 7 8 9 3 7 8 9 2 EM (1) STEP PORCH FG = 93.40 (2) STEPS FG = 92.50 PROP. GRASS SWALE PROP. AREA DRAIN (TYP.) PROP. DRYWELL LOCATED BELOW LIGHTWELL PROP. PERMEABLE PAVERS EX. TRANSFORMER PROP. TRENCH DRAIN 2.0 % 2.0% 2 . 7 % 2.0 % 0.8% 2 . 8 % 1.2% 3.1% 3.8 % 2.0 % 5. 2 % 3.4% 3.4 % 3.1 % 3.9% 3.5 % 4 . 6 % 6.1% 6.1% 0. 6 % 6 . 2 % 7893.85 7893.83 7894.05 HP 7894.05 HP 7892.68 7892.30 7892.78 7893.07 7892.98 7892.83 7893.40 7893.14 7893.40 7892.92 7892.18 7892.29 7892.81 7892.41 > > > > > > 7893.73 7894.21 7892.66 7893.55 7893.33 7894.05 1.5 % 2.6 % 0.5% 0.7% 7892.57 7893.40 4.0 % 94.01 | TW 94.06 | TW 94.10 | BW 74.01 | BW 93.68 | BW 94.02 | TW 7893.46 NOTCH CUT IN LIGHTWELL FOR DRAIN TO DRYWELL 7893.03 7892.90 1.2 % FFE = 7894.65 7 8 9 3 7 8 9 4 78 9 3 789 3 789 2 NO R T H SCALE: 1" = 0 10'20'30' 10'1 PRELIMINARY GRADING PLAN SI T E A D D R E S S : PR E P A R E D F O R : DWN:CHKD: JOB NO. NO. RE V I S I O N NO . BY DA T E NAME DATE: WWW.RRENGINEERS.COM P R E L I M I N A R Y P L A N S TWSJBP 04/07/25 KR25049 40 6 W E S T S M U G G L E R AS P E N , C O 8 1 6 1 1 KI M R A Y M O N D A R C H I T E C T U R E + I N T E R I O R S 41 8 E A S T C O O P E R A V E N U E AS P E N , C O 8 1 6 1 1 KI E N A S T S K I H O U S E KIENAST SKI HOUSE 406 WEST SMUGGLER STREET CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PARCEL ID: 273512412003 16 3 5 W E S T 1 3 T H A V E N U E , S U I T E 3 1 0 DE N V E R , C O L O R A D O 8 0 2 0 4 PH O N E : 3 0 3 - 7 5 3 - 6 7 3 0 R& R E N G I N E E R S - S U R V E Y O R S , I N C . ENGINEERSSURVEYORS IN C COMMUNICATIONS EXISTING PROPOSED TT CABLE TVCATV FIBER OPTIC NATURAL GAS PIPE POWER - OVERHEAD POWER - UNDERGROUND SANITARY SEWER PIPE CATV F/O F/O GAS GAS OHE OHE UGE UGE STORM SEWER PIPE WATER PIPEWW SS SS ST PROPERTY LINE LOT LINE RIGHT OF WAY SECTION LINE EASEMENT ROAD CURB AND GUTTER SIDEWALK FENCE LINEXX MAJOR CONTOUR52805820 MINOR CONTOUR58225822 TR FO GM ST SS TR FO GM LIGHT POLE UTILITY POLE TRANSFORMER PAD FIBER OPTIC STRUCTURE GAS METER FIRE HYDRANT WATER FITTING WATER METER WATER TAP / CORP STOP SANITARY SEWER MANHOLE SANITARY SEWER CLEANOUT STORM SEWER MANHOLE STORM SEWER AREA INLET STORM SEWER CURB INLET STORM SEWER FLARED END SECTION FLOODPLAIN LIMIT WATER SURFACE ELEVATION TREE LINE TREES CONCRETE GRAVEL / RIPRAP PAVEMENT WATER VALVE MASTER LEGEND WATER SURFACE ELEVATION WALL - RETAINING SETBACK IRR IRRIGATION STRUCTUREIRR 14 3 Memorandum TO: Milo Stark, Kim Raymond Architecture + Interiors FROM: Stuart Hayden, Planner II, Historic Preservation, City of Aspen DATE: 7/8/2025 PROJECT: LPA-25-044 for Historic Preservation - Major Development - Conceptual Development Plan, Demolition Review, Relocation, and Benefits - Variation Reviews at 406 W. Smuggler St. COMMENTS: These comments are not intended to be exhaustive, but an initial response to the Land Use application submitted for review. The applicant is encouraged to amend the application and/or may otherwise respond to these comments. Additional comments will likely arise from further analysis of the project's conformance with the design guidelines and other applicable Land Use Code sections. Supplemental materials may also be requested. For clarity, the comments are organized by Land Use Code section. 26.410.020 – Residential Design Standards – Variations The City's Residential Design Standards are intended to ensure a strong connection between residences and streets; ensure buildings provide articulation to break up bulk and mass; and preserve historic neighborhood scale and character. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute positively to the streetscape. The design standards in Sec. 26.410.030 – Single-Family & Duplex Standards apply to the new detached development at 406 W. Smuggler St. • The application proposes “more than one (1) non-orthogonal window on each façade of the building that faces the street,” thereby exceeding the Non- orthogonal Window Limit. o A variation is required. Pursuant to Sec. 26.410.020(d), an application requesting a variation “shall demonstrate and the deciding board shall find that the variation, if granted would: (1) Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010(a)(1)-(3); or (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. As installing more than one non-orthogonal window at 406 W. Smuggler St. does not meet the intent of the Non-Orthogonal Window Limit, let alone the Residential Desing Standards’ general intent statements, and is not “clearly necessary for reasons of fairness related to unusual site-specific constraints” it does not meet the criteria for a variation. 144 Seeking a variance on this flexible standard because we feel triangular windows separate the new building from the historic. Both non-orthogonal windows are set back nearly 70 feet from the street, and the view of the living room window is blocked by the historic resource. Additionally, there are several surrounding homes across from 406 that have more than one non- orthogonal window, so it relates to the current neighborhood context. • Because the application proposes locating a lightwell between the front-most wall of a street-facing façade and a street, it does not meet the Lightwell/Stairwell Location standard. o A variation is required. Pursuant to Sec. 26.410.020(d), an application requesting a variation “shall demonstrate and the deciding board shall find that the variation, if granted would: (1) Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010(a)(1)-(3); or (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. As installing a lightwell between street and the front-most wall of the street- facing façade of the new detached building at 406 W. Smuggler St. does not meet the intent of the Lightwell/Stairwell Location standard, let alone the Residential Desing Standards’ general intent statements, and is not “clearly necessary for reasons of fairness related to unusual site-specific constraints” it does not meet the criteria for a variation. In reviewing the location with Sophie from Zoning, the proposed lightwell location does 145 comply with COA code section 26.575.020 as it is well behind the front most facade, over 20’-0” behind the historic resource. 26.415.070(d) – Certificate of Appropriateness for Major Development – Conceptual Development Plan Review Conceptual design review focuses on location and form of the envelope of the structure(s) and/or addition(s), including height, scale, massing and proportions. These elements of the proposed development generally do not suffice the Historic Preservation Design Guidelines. The following elements warrant particular attention, refinement, redesign, or reconsideration: Site Planning and Landscape Design • The setback to setback development does not satisfy Guideline 1.1. It allows for porosity on the site beyond the 5-feet side setbacks. Rather than demonstrate that the building footprint and location respect the traditional patterns of the neighborhood and historic development or context of the block, the application demonstrates that the project reinforces contemporary development patterns and recent development in the neighborhood. It is uncharacteristic of the historic context. It leaves little useful open space visible from the street. Reference G.1.01 for historic neighborhood context exhibit as a reference to how historic homes used to be built right on property lines with little porosity. Moving the historic resource to the minimum 5’-0” set back on the west side for the historic allows for more space on the east (over 16 feet). Yes, the addition is set to the east side 5’-0” setback line, but the addition is 52 feet from the front property line, and nearly 68 feet from Smuggler Street. • The application does not meet Guideline 1.6. Whereas “the width of a new entry sidewalk should generally be three feet or less for residential properties,” the walkway proposed to lead to the front door of the new building is three feet six inches wide. Its divergence from the width of the walkway leading to the historic resource emphasizes the predominance of the new building on the site. Walkway has been amended to be 3’-0” wide. • By not providing positive open space within a project site, the application does not meet Guideline 1.7. Rather than consolidating open space to support and complement the historic building, many small, unusable areas comprise what open space exists. That which is lost by relocating the historic resource into the side setback only serves to make the new detached building more prominent. The open space that would otherwise be created to the east of the historic resource is bifurcated by the long walkway from the street to the new building and interrupted by the freestanding lightwell. The extra separation between detached buildings is imperceptible from the street. By moving the historic resource west 7’-4”, our goal is to create more positive space on the east while also allowing for a walkway to the addition. • The proposed landscape plan is insufficient for determining whether the proposal provides an appropriate context for the historic structure called for by Guideline 1.12. The landscaping appears to be simple and restrained, not overplanted, over textured, or overly complex in relationship to the historic resource. In areas immediately adjacent to the landmark, new planting shall be species that were used historically or species of similar attributes, and shall not exceed 42” in height. Noted, applicant will have a more descript landscape plan at Final. Current landscape plan has been amended to include notes regarding proposed plantings, and outlines different zones. 146 • It is not clear whether the application meets Guideline 1.13. Additions of plant material to the landscape that could interfere with or block views of historic structures are inappropriate. Do not place trees, shrubs, or hedgerows in locations that will obscure, damage, or block significant architectural features or views to the building. The proposed crushed-pebble boarder around the historic resource is appreciated, but inconsistent. Ideally, it would also extend in front of the front bay window and the corners abutting the rear deck of the historic resource. Noted. Amended landscape plan includes notes on heights of plants to not block the historic resource. Reference proposed renderings as well Building Materials • The application provides no evidence that the proposed alterations to the historic resource; including the opening of a new window (HW6) on part of the north façade that was not covered by the non-historic addition, changing the pitch of the side-gable and west porch roofs, and removing the eave from the west side of the front-gable roof; will not remove original building materials. The application includes no historic photographs or physical evidence of the historic resource’s original materials. Accordingly, the proposed alterations of the historic resource are speculative. The material is presumed to be historic until a preponderance of evidence shows otherwise. Removing it does not meet Guideline 2.1. HW6 has been moved to a portion of wall that was altered in 1973. As it pertains to many comments, we intend to do a lot of investigation into framing of the existing resource to examine the existing structure. Using onsite evidence and the few photos we have, we will adjust our plans accordingly to appease HPC. • As it includes removing siding that is in good condition, the proposed means of relocating the historic resource does not meet Guideline 2.1. The proposed relocation of home is being carried out by the only method known and that is recommended. Siding will be carefully removed, numbered for its position and location, and put back after relocation as it was. Other methods require cutting wholes in siding. Additionally, nearly 25%-30% of the home’s historic siding has already been removed and must be replicated. • The application provides no evidence that the proposed alteration of the historic resource will “match the original material in composition, scale and finish,” and “replace only the amount required.” The application includes no historic photographs or physical evidence of the historic resource’s original materials. Accordingly, the proposed alteration of the historic resource is speculative. Until a preponderance of evidence shows otherwise, the material is presumed to be historic. Removing it does not meet Guideline 2.3. Applicant intends to investigate the framing of existing porch roofs to determine if there was a different way the roof was prior to 1973. Evidence of findings will be provided to HPC and a decision will be made as to the correct implementation of porch roof design. • Please clarify on what part of the project fire-resistant siding is proposed. Is “the new part of the building” the part of the historic resource exposed by the removal of the non-historic addition, or is it the new building? Installing fire- resistant siding on the former does not meet Guideline 2.3. The entire historic resource will have wood siding as it would have historically, however we would like to entertain the idea of putting a fire-sheathing on the north and west façade of historic where walls have been previously altered. The new building will be finished in a new fire-resistant material. 147 • It is unclear that the proposed alteration of the historic resource will “remove layers that cover the original material” and meet Guideline 2.6. The application includes no historic photographs or physical evidence suggesting that non- historic layers cover original material. Removing layers without evidence of the historic conditions risks removing original material. The material is presumed to be historic until a preponderance of evidence shows otherwise. Removing it does not meet Guideline 2.6. Applicant intends to investigate existing conditions during demo to find physical evidence that would prompt redesign. Windows • The application does not meet Guidelines 3.1 – 3.7. It proposes to remove a window from the east façade and change the size and character of a window from the west façade of the historic resource. If the application intends to claim that these existing windows are not historic, it must provide evidence of such. They are presumed to be historic until a preponderance of evidence shows otherwise. East window was shown in the historic photos to not exist, therefore we have evidence to support its removal. West window was likely modified to accommodate interior floor plan needs, but we intend to exposed the wall and investigate the original rough opening, if any. • Adding a window (HW6) to a part of the north façade of the historic resource that was not covered by the non-historic addition does not meet Guideline 3.7. There is greater flexibility to install a new window on a rear wall, but “restoring an original window opening that was enclosed in the past,” pursuant to Guideline 3.5, is preferred. HW5 and HW6 will be new windows… just called out as HW to signify they need to relate to the other historic windows. HW6 has been relocated in the north wall to an area that was already disturbed by the 1973 addition. Applicant will investigate framing on north and west walls to determine appropriate locations for new windows. Doors • Altering the exterior trim of the doors on the south façade, as is apparent in the elevation drawings, does not meet Guideline 4.1. Exterior trim on doors not to be altered. • The application does not provide evidence that the screen doors are not 148 historic. They are presumed to be historic until a preponderance of evidence shows otherwise. Removing them, therefore, does not meet Guideline 4.1. Based on photo evidence, we believe there were no screen doors. We will investigate further to determine if screen doors are historic. If they are, they will remain. • Altering the paneling of the west door on the south façade, as is apparent in the elevation drawings, does not meet Guideline 4.1. Doors nor paneling will be altered. • If the door on the south end of the west façade is proposed to be sealed shut, as is apparent in the elevation drawings, it “must be reversible so that the door can be used at a later time” pursuant to Guideline 4.1. Door is currently not designed to be sealed shut. If it is in the future, we will ensure its sealing is reversible. Porches • The application provides no evidence that the existing porches, their materials and details are not original. They are presumed to be historic until a preponderance of evidence shows otherwise. Altering them; including changing the pitch of west porch roof, replacing the posts, and removing the corbels; therefore, does not meet Guideline 5.1 or 5.2. Evidence will be provided once investigation can take place. In a meeting w/ Stuart on 12/4/24, the front porch elements were discussed and thought to have been non-historic. Photo evidence shows the house was relocated without the porches and then reconstructed. It is assumed, and will be confirmed, that some of the elements onsite today are not historic. • The application provides no evidence that “reconstruction is necessary.” The proposal to reconstruct the porches, therefore, does not meet Guideline 5.4. Although the HP Design Guidelines do not define it, the Land Use Code defines “reconstruction” as “to rebuild an existing structure, or part of a structure in kind following destruction.” The application does not provide evidence that destruction occurred. We plan on searching for destruction of the porch roof. Current porch roof appears to be altered. Architectural Details • The application provides no evidence that the proposed alterations to architectural features of the historic resource; including changing the pitch of the side-gable and west porch roofs, and removing the eave from the west side of the front-gable roof; will not destroy significant architectural features. The application proposes to remove and replace architectural features that are not deteriorated. Accordingly, it does not meet Guidelines 6.1 and 6.3. Evidence will be provided once investigation can take place. • Because the proposed replacement of features is not based on original designs substantiated by physical or pictorial evidence, the application does not meet Guideline 6.4. If porch and roof features are found to be historic, they shall remain. If a new roof and porch are going to be allowed, applicant will then supply HPC with pictorial evidence of designs that would typically have been applied to homes like this. • Because the application provides no physical or photographic evidence, the proposed alterations of architectural features of the historic resource; including changing the pitch of the side-gable and west porch roofs, and removing the 149 eave from the west side of the front-gable roof; appears “guess at ‘historic’ designs for replacement parts. As “adding new conjectural detailing for which there is no documentation is inappropriate,” the application does not meet Guideline 6.5. If porch and roof features are found to be historic, they shall remain. If a new roof and porch are going to be allowed, applicant will then supply HPC with pictorial evidence of designs that would typically have been applied to homes like this. Roofs • The application states that the main gables are original but proposes to alter the front slope of the west side gable. The application, therefore, does not meet Guideline 7.1. Historic, yes. Original, we will find out. We believe the west side gable has been overframed. • The application provides no evidence, that “the front porch roof was altered at some point.” It provides no evidence that “the original shape of the West porch roof can be determined by the existing framing and trim.” It provides no evidence of the “shape, size, and slope” of the original porch roof. Until a preponderance of evidence shows otherwise, the porch roof is presumed to be historic. By proposing to alter the angle of a historic roof, especially a slope seen from the street, the application does not meet Guideline 7.1. Evidence will be provided once investigation can take place. • As the application proposes to remove the eave from the west slope of the front gable, it does not meet Guideline 7.2. The eave is presumed to be historic until a preponderance of evidence suggests otherwise. Evidence will be provided once investigation can take place. • The proposed chimney does not meet Guideline 7.4. This vent is not minimized, carefully placed or painted a dark color. Noted. Chimney design has been amended to include the minimized flue and relocated to match photo evidence. o Reconstructing a missing chimney pursuant to Guideline 7.5 necessitates documentation of the missing chimney. • Because the application does not identify the synthetic-shingle roofing material with which it proposes to replace the wood shingles on the historic resource, it is unknown whether the material meets Guidelines 7.7 and/or 7.8. Applicant intends to replace roofing with Enviroshingle. See attached spec sheets. Sample to be provided to staff and HPC. Excavation, Building Relocation and Foundations • As it has not been “demonstrated that on-site relocation is the best preservation alternative,” and “relocation would result in the need to reconstruct a substantial area of the original exterior surface of the building above grade,” the application does not meet Guideline 9.2. The historic resource was already moved once from its original location. Relocation of the structure closer to the front setback line, which is alignment with historic context (see G.1.01), and places the resource in a more visible location, is an appropriate preservation option. The removal of the lowest courses of wood siding to be protected during relocation does not constitute the reconstruction of substantial above-grade area. This method eliminates the need to damage and cut holes in historic siding. 150 • The visual impact of lightwells is not minimized. Guideline 9.6 explicitly states that “lightwells that face a street must abut the building foundation and generally may not ‘float’ in the landscape.” The proposed lightwell east of the historic resource fails to meet this guideline. Guideline 9.6 provides an exception to floating light wells given that they are screened. We plan on providing screening by use of site wall and landscaping. See attached preliminary renderings. • The application does not mention how existing openings, historic glass, and significant architectural details will be protected during relocation pursuant to Guideline 9.7. We are seeking approval to remove all historic doors and windows to be stored offsite, then restored and reinstalled after home relocation. Building Additions • The application fails to include evidence that the rear addition is not historic. Until it is preponderantly evident that the rear addition is a more recent addition, its proposed removal does not meet Guideline 10.2. The rear addition is not historic. We have photo evidence of it being built in 1973. See additional information or Conceptual Hearing slide show images. • As there is no new addition proposed, Guidelines 10.4 – 10.15 do not apply to this application New Buildings on Landmarked Properties • The new building does not appear similar in scale and proportion with the historic building. The larger masses are subdivided in to smaller “modules,” but not that are similar in size to the historic building. The heights and proportions that characterize the historic resource are not reflected. Accordingly, the application does not meet Guideline 11.3. The massing of the addition is based on the 12 foot wide gable ends of the historic resource. As well as the roof pitches. They’re subdivided into smaller modules and connected by a flat roof, which relates to the long east-west gable of the historic. • As the front elevation is not similar in scale to the historic building and the primary plane of the front appears taller than the historic structure, the proposed new building does not meet Guideline 11.4. The features of the addition do in fact relate in scale. The height of the new building, however, is obviously larger as our program requires an additional level be added. 26.415.080 – Demolition of Designated Historic Properties It is the intent of this Chapter to preserve the historic and architectural resources that have demonstrated significance to the community. Consequently, no demolition of properties designated on the Aspen Inventory of Historic Landmark Site and Structures or properties within a Historic District will be allowed unless approved by the HPC in accordance with the standards set forth in this Section. • The application does not demonstrate that the part of the structure to be removed “does not contribute to the significance of the parcel or Historic District in which it is located;” that “the loss of the building…would not adversely affect the…architectural or aesthetic relationship to adjacent designated properties;” 151 and that “demolition of the structure will be inconsequential to the historic preservation needs of the area.” 26.415.080 – Relocation of Designated Historic Properties The intent of this Chapter is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical relationship to their surroundings. It is recognized that occasionally the relocation of a building may be appropriate as an alternative to demolition or have limited impact on the attributes that make it significant. For approval, the project must be found to conform with the Historic Preservation Design Guidelines, the standards and criteria set forth in Sec. 26.415.080(c), and any other applicable Land Use Code sections. Standards • The application has not demonstrated that the “relocation activity is an acceptable preservation method given the character and integrity of the building…and its move will not…diminish the historic, architectural or aesthetic relationships of adjacent designated properties.” Criteria • Because the proposed location of the historic resource is within the side setback, an appropriate receiving site has not been identified. • An acceptable plan has not been submitted “providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security.” See house moving plan along with letter from Cody Douglas from Bailey House Movers for relocation info. As with most of these historic relocations, I believe a bond of $30,000 is required for collateral, which would be provided for this project. 26.415.110(c) – Benefits – Variations According to this section of the Land Use Code, “dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards.” To grant a variation, the HPC must find that such a variation “is similar to the pattern, features and character of the historic property or district; and/or enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district.” • The proposed 5-foot side setback variation for the historic resource does not “create development that is more consistent with the character of the historic property than what is required by the underlining zoning.” As there was no building on the site historically and the property is not within a historic district, 152 a 5-foot side setback is not “similar to the pattern, features, and character of the historic property or district.” It also does not “enhance or mitigate an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district.” o The application does not address how the proposed setback variation meets the criteria. • The proposed 5-foot rear setback variation for the new building does not “create development that is more consistent with the character of the historic property than what is required by the underlining zoning.” As there was no building on the site historically and the property is not within a historic district, a 5-foot rear setback is not “similar to the pattern, features, and character of the historic property or district.” It also does not “enhance or mitigate an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district.” o The application does not address how the proposed setback variation meets the criteria. o If it is necessary to have “the full slab of the garage supported evenly on the same type of foundation; eliminating the difficult detail of detail of slab over living space and then slab on grade over just compacted gravel,” perhaps the north wall of the garage should move south to meet the required setback of the basement below it. o The “architectural projection” on the Unit 1 garage is not an allowed projection listed in Sec. 26.575.020(e)(5). Additional Notes, Questions and Comments: • The Existing Elevations: South & West are incomplete and/or inaccurate. They omit posts, lights, and other details on the porches; screen doors; as well as cornice details and beavertail shingles on the oriel window. The ceiling of the east porch appears to be lower than it is. The glassing in the east door on the south façade is not drawn accurately. 153 MEMORANDUM TO: Stuart Hayden, Historic Preservation Officer FROM: Owen Palcsik, Planner Technician DATE: 06/20/2025 RE: Zoning Referral Comments – LPA-25-044 – 406 West Smuggler Street Please respond to the following before board approval: 1. It appears that the proposed addition approaches the height limit. Provide a height over topography table with natural grade, finished grade, and all relevant height points noted. Finished grade has not yet been finalized, but it will be existing grade that is the most stringent for the addition’s roofs. See added roof over topography on roof plan. 2. Confirm with relevant departments that a roof can extend into the utility easement. I confirmed with Libby at Holy Cross that overhangs can encroach into transformer clearance area, just as long as a truck is able to lift the transformer straight up and out of the ground. 3. This proposal already includes setback variances for the subgrade and deck area. Include an additional variance request for the wing wall that extends into the rear setback. This feature does not align with the language regarding architectural projections in Sec. 26.575.020.e.5.g. This feature was discussed in our pre-app meeting with Sophie, if you remember; we referred to the definition of architectural projection which is “A nonfunctional or ornamental feature on a building or other structure that does not extend to or from, the ground”. The architectural projections in our proposed design will not extend to the ground. The following details will be needed for permit review: 1. Please revisit the floor area calculation for the garage. The two garage spaces should not be distinguished by the unit they serve. Rather, the first 500 sf of the entire garage will be 100% exempt, and the next 500 sf will be 50% exempt. This will reduce the countable floor area of the garage as a whole. Noted, this has been adjusted. And thank you. 2. If exterior lighting is included in this permit, please ensure it is compliant with Sec. 26.512, Exterior Lighting. Refer to 26.512.040, Submittal Process, for guidance regarding required submissions. David Craig Lighting Design has become familiar with the new zoning lighting requirements and we plan to submit a plan in compliance. 3. Provide relevant dimensions of each parking space, as indicated in Sec. 26.515.070.b, Off-Street Parking Requirements, General. Noted. See added dimensions to site plan and main level plan. Off street parking to comply with slope requirements as well (12% longitudinally, 5% latitudinally). A variety of other requirements may be necessary for building permit submittal and zoning review. 154 Memorandum TO: Gillian White, gillian.white@aspen.gov Community Development Department FROM: Kyla Smits, kyla.smits@aspen.gov Engineering Department DATE: June 9, 2025 SUBJECT: Engineering Department Referral Comments PROJECT: LPA-25-044, 406 W Smuggler, Historical Redevelopment COMMENTS: These comments are not intended to be exhaustive, but an initial response to the Land Use application submitted for review. Other requirements may be requested at time of permit. 1. The survey must be stamped by a licensed surveyor. 2. The utility easement should be listed as Bk 525 Pg 3 since the easement agreement starts on page 3. 3. Storage in the roadway will not be permitted. The resource could encroach in the ROW, but it may not block the road itself. Another plan must be developed. 4. Provide a basic stormwater and drainage plan. Provide a basic utility plan. a. The transformer easement will need to be adjusted prior to CO to reflect the current location of the transformer. b. Each duplex must have all its own utility service lines. See updated survey in folder. Survey info has been updated to list correct easement information. See updated house moving plan. Noted, we will adjust easement prior to CO. Discussed w/ Kyla Noted, all consultants are aware of this requirement. See updated site plans in thecurrently proposed building plans showing estimated locations of utilities... note thatthis is a draft of possible utility locations. 155 To: Stuart Hayden HPC Community Development Department From: Joseph Pewitt Permit Coordinator Parks & Open Space Department Date: June 20, 2025 Subject: Parks Department Referral Comments Project: LPA-25-044, 406 W Smuggler St. – HPC Conceptual Major Review These comments are not intended to be exhaustive, but an initial response to the project conceptual packet submitted for the request of a conceptual major review and other requirements may be requested at time of permit submittal. Comments: 1. The City of Aspen Wildfire Mitigation Policy is intended for stand-alone tree removal permits for existing structures in the City. a. 1.11-14: The landscape plan A.1.16 does not reflect any proposed tree planting. Tree planting will be provided at time of permit. Potentially only one new tree being planted in right of way. b. A property owner intending to remove trees for fire mitigation purposes shall follow the steps as outlined in the Wildfire Mitigation Policy prior to building permit submittal. Noted. c. A tree’s location is determined by half or more of the trunk at the base existing within a given zone. Noted. d. Replanting fire-resistant species within Zone 2 will offset mitigation fees at a ratio of 2:1. For example, the removal of an existing tree with a mitigation value of $1,000 can be fully offset by the planting of a fire-resistant tree or shrub species valued at $500. i. The City Forester may also determine whether a full or partial fee waiver is warranted. ii. Replanting of Firewise species needs to occur to receive a reduction in calculated fees. If the homeowner elects to not replant trees, the entire calculated fee will be assessed. iii. Effectiveness of tree-related mitigation efforts will depend on reduction of other fuels in the landscape and structure hardening. 2. Applicant shall revise A.1.15 Tree Removal Plan to remove “Fill indicates 0’-0” to 5’-0” from proposed structures.” prior to board review. See updated A.1.15 for removed fills. a. Applicant shall include reasons for removal in tree disposition chart at building permit. See additional column in Tree Removal Chart for reason of removal Revise proposed water service alignment at or outside of T10 critical root zone (15’) to be preserved and located in the public right-of-way at building permit. Noted 3. The Aspen Fire Protection District Wildfire Risk Map reflects the following description of the property addressed 406 W Smuggler Street as of 6/20/2025: a. Area Risk – Low, Structure Risk – High, Fireshed – Interface Low. 156 Building Permit Submittal Requirements: Ø Permit documents shall include accurate tree surveys for all sites dated within one-year identifying locations of all trees four (4) inches or over identified by trunk diameter and species; three (3) inches or over for native species as defined by Ch.13.20.020(a). Ø Permit documents shall include tree removal plans, site specific tree protection and preservation plans, tree mitigation plans, and irrigation plans. All Critical Root Zones to be protected and preserved shall be accurately illustrated to scale on all plan sheets with 1” of surveyed tree diameter at breast height equaling 1’ in radius of required Tree Protection Zone. The protection and preservation plans shall indicate the location of all protective zones and methodology for approval by the City Forester and prohibit excavation, storage of materials, storage of construction backfills, storage of equipment, and access over or through the zone(s) by foot or vehicle. Ø Permit documents shall include, and note, any proposed grade changes within critical root zones of trees to be protected and preserved during site disruption. Ø Permit documents shall include the location of all site improvements including subsurface improvements such as utilities, irrigation infrastructure, or foundation work. Ø Tree Protection Zones shall be erected at the limits of Critical Root Zones to be protected and preserved throughout construction until a Certificate of Occupancy is issued for all proposed sites unless otherwise approved by the City Forester. Ø Protection areas shall be established on site to protect existing natural resources as appropriate, including trees not included in the definition set forth in 13.20.020(a). Ø A Development-Related Tree Removal / Critical Root Zone Excavation Permit shall be submitted, reviewed, and issued by the City Forester upon completion of Parks & Open Space building permit application review. Ø Tree Removal Permit issuance and Parks initial inspection are required prior to activity occurring on site. Mitigation for removals must be met by the replacement of trees on site, paying cash-in-lieu fees, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. The applicant shall explore potential planting sites around the property to allow sustainable planting and full maturation of all trees planted. 157