HomeMy WebLinkAboutExhibitB_Application
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
November 6, 2020
Community Development Department
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: 314 West Main Street – Establishment of Transferrable Development Right
Certificates
Aspen City Council, Historic Preservation Commission,
and Community Development:
Please accept this application to establish
transferrable development right certificates
(TDRs) at 314 West Main Street.
The 314 building is a locally designated historic
carriage house associated with Smith Elisha
House at 320 W. Main St. A lot split was approved
via Ordinance 14, 2002, separating ownership of
the two parcels. A lot split plat was filed with the
Pitkin County Clerk in 2003 as reception no.
487835. The 314 building, at the time of the lot
split application, was represented as having
commercial office use on the ground floor with
residential use above. In 2019 HPC and Planning
Staff approved a minor development application
and change in use to single family residential via
Resolution 19-2019.
314 W. Main Street
The property is legally described as Lot B, Historic Landmark Lot Split at 320 W. Main Street, according to
the final plat recorded September 3, 2003, in plat book 66, page 32. The property is owned by 314 West
Main LLC, a Colorado Limited Liability Company. Wendi Sturgis is the Manager for 314 and has authorized
BendonAdams to submit this application.
The applicant respectfully requests approval to remove the unbuilt floor area from the property in the form
of 3 TDRs equal to 750 sf of floor area. Removal of unbuilt floor area sterilizes the development potential
for the property. The existing home comprises 1,725.3 sf of floor area out of a maximum allowable of
2,520.7sf of floor area.
This property is a great example for the historic TDR program. The carriage house and main Smith Elisha
house are on separate lots; however, the relationship between the two buildings remains intact which is
rare in Aspen. The 2003 lot split recognized the importance of the connection between the main Victorian
era building and the subordinate carriage house by prohibiting certain improvements, for example a
walkway to the carriage house from Main Street, that would represent the carriage house as its own entity.
Response to review criteria and the necessary documents for a complete application are attached. Please
let us know if there are additional items needed for your review or if we can assist with a site visit.
Kind Regards,
Sara Adams, AICP
BendonAdams LLC
1. TDR Review Criteria
1.a Acknowledgement of TDR creation
1.b Draft TDR Agreement
2. Application Form
3. Pre-Application Summary
4. Agreement to Pay
5. HOA Form
6. Authorization to Represent
7. Proof of Ownership
8. Vicinity Map
9. Survey & Existing Plans
10. Ord. 14-2002
11. Recorded Historic Landmark Lot Split Plat
12. 2019 Change in use approval
Exhibit 1
Review Criteria
Exhibit 1
Review Criteria
314 West Main - TDRs
Sec. 26.535.070. - Review criteria for establishment of a historic transferable development right.
A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption of an
ordinance, finds all the following standards met.
(a) The sending site is a historic landmark on which the development of a single-family or duplex
residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such
development is a conditional use shall not be eligible.
Response – 314 West Main Street is currently a single family home located in the Mixed Use Zone
District, which permits single family and duplex residential uses.
(b) It is demonstrated that the sending site has permitted unbuilt development rights, for either a
single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of
floor area multiplied by the number of historic TDR certificates requested.
Response – The allowable floor area for a single family home on the subject property is 2,520.4 sf and
a total of 1,725.24 sf of floor area exists. 795.16 sf of allowable floor area is unused on the subject
property, which equals 3 TDR certificates. There will be no available floor area left on the property
(refer to criteria d below).
(c) It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In
cases where a nonconformity already exists, the action shall not increase the specific
nonconformity.
Response – A nonconformity is not created or increased as part of this request.
(d) The analysis of unbuilt development right shall only include the actual built development, any
approved development order, the allowable development right prescribed by zoning for a single-
family or duplex residence, and shall not include the potential of the sending site to gain floor area
bonuses, exemptions or similar potential development incentives. Properties in the MU Zone
District which do not currently contain a single-family home or duplex established prior to the
adoption of Ordinance #7, Series of 2005, shall be permitted to base the calculation of TDRs on
one hundred percent (100%) of the allowable floor area on an equivalent-sized lot in the R-6 zone
district. This is only for the purpose of creating TDRs and does not permit the on-site development
of one hundred percent (100%) of the allowable floor area on an equivalent-sized lot in the R-6
zone district. If the additional twenty percent (20%) of allowable floor area exceeds five hundred
(500) square feet, the applicant may not request a floor area bonus from HPC at any time in the
future. Any development order to develop floor area, beyond that remaining legally connected to
the property after establishment of TDR Certificates, shall be considered null and void.
Response - The allowable floor area for a single family home on the subject property is 2,520.4 sf and
a total of 1,725.24 sf of floor area exists. 795.16 sf of allowable floor area is unused on the subject
property, which equals 3 TDR certificates.
The allowable floor area is calculated based on 100% of the allowable floor area on an equivalent sized
lot in the R-6 Zone District. The single family home was established after Ordinance 7, Series of 2005
and therefore is eligible for 100% of the allowable floor area as noted above.
Exhibit 1
Review Criteria
Exhibit 1
Review Criteria
314 West Main - TDRs
(e) The proposed deed restriction permanently restricts the maximum development of the property
(the sending site) to an allowable floor area not exceeding the allowance for a single-family or
duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the
number of historic TDR certificates established.
For properties with multiple or unlimited floor areas for certain types of allowed uses, the
maximum development of the property, independent of the established property use, shall be
the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred
fifty (250) square feet of floor area multiplies by the number of historic TDR certificates
established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage
reduction from the allowable floor area for a single-family or duplex residence, as may be
amended from time to time. The sending site shall remain eligible for certain floor area incentives
and/or exemptions as may be authorized by the City Land Use Code, as may be amended from
time to time. The form of the deed restriction shall be acceptable to the City Attorney.
Response – A draft deed restriction is included in the application for review. It is understood that the
property owner may elect to sever up to three TDR certificates and is not obligated to sever all three
TDRs. It is also understood that floor area equal to the number of TDRs issued is permanently severed
from the property upon the recordation of the deed restriction, and not upon approval of an ordinance.
(f) A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic TDR certificates
to the sending site property owner and that property owner shall execute and deliver a deed
restriction lessening the available development right of the subject property together with the
appropriate fee for recording the deed restriction with the County Clerk and Recorder's office.
Response – n/a.
(g) It shall be the responsibility of the sending site property owner to provide building plans and a
zoning analysis of the sending site to the satisfaction of the Community Development Director.
Certain review fees may be required for the confirmation of built floor area.
Response – Please refer to Exhibit 9 for a zoning analysis.
(h) The sale, assignment, conveyance or other transfer or change in ownership of transferable
development rights certificates shall be recorded in the real estate records of the Pitkin County
Clerk and Recorder and must be reported by the grantor to the City of Aspen Community
Development Department within five (5) days of such transfer. The report of such transfer shall
disclose the certificate number, the grantor, the grantee and the total value of the consideration
paid for the certificate. Failure to timely or accurately report such transfer shall not render the
transferable development right certificate void.
Response – n/a.
Exhibit 1
Review Criteria
Exhibit 1
Review Criteria
314 West Main - TDRs
(i) TDR certificates may be issued at the pace preferred by the property owner.
Response – It is understood that the property owner may elect to sever up to three TDR certificates and
is not obligated to sever all three TDRs. It is also understood that floor area equal to the number of
TDRs issued is permanently severed from the property upon the recordation of the deed restriction,
and not upon approval of an ordinance.
(j) City Council may find that the creation of TDRs is not the best preservation solution for the
affected historic resource and deny the application to create TDRs. HPC shall provide Council with
a recommendation.
Response – n/a.
314 West
F:
uQj-
November 4, 2020
To Whom it May Concern,
As the property owner of 314 West Main Street, legally described as Lot B of the Historic Landmark
Lot Split at 320 W. Main Street, and pursuant to City of Aspen Land Use Code Section 26.535.050, 1
acknowledge the following:
I. A deed restriction will permanently encumber the sending site and restrict 314 West Main
Street's development rights to below that allowed by right by zoning according to the
number of historic Transferrable Development Right certificates severed from 314 West
Main Street.
2. The 314 West Main Street property owner, at their sole discretion, may elect to not pursue
the issuance of Transferrable Development Right certificates, and reduction of allowable
floor area, by not recording a deed restriction.
3. The 314 West Main Street property owner, at their sole discretion, may elect to not sever
ail of the granted Transferrable Development Right certificates.
4. For each Transferrable Development Right certificate issued by the City of Aspen for 314
West Main Street, the property shall be allowed two hundred and fifty (250) square feet
less of floor area, as permitted according to the property's zoning, as amended.
5. The 314 West Main Street property owner shall have no authority over the manner in which
the certificate of development right is used by subsequent owners of the historic
Transferrable Development Right certificate.
Sincerely,
Wendi Sturgis
OWNER: f
By: t'L
Wendi Sturgis, Manager
314 West Main ,LLC, a Colora�d imited Liability Company
AMELIA M ESTRELLA
STATE OF COLORADO NOTARY PUBLIC - STATE OF COLORADO
)ss. NOTARY ID 20114032972
COUNTY OF PITKIN } MY COMMISSION EXPIRES JUN 6, 2023
The foregoing instrument was acknowledged before me this,; day of
20 2 J by Vqi
Witness my hand and official al.
My commission expires:
lt.
�W
Notary Public
1
DEED RESTRICTION AND AGREEMENT FOR ESTABLISHMENT OF A
HISTORIC TRANSFERABLE DEVELOPMENT RIGHT
PURSUANT TO ASPEN CITY COUNCIL
ORDINANCE #___ , SERIES OF 20__
THIS DEED RESTRICTION AND AGREEMENT is made and entered into this _____
day of ______________, 20__, by 314 West Main LLC, (hereinafter referred to as “Owner”),
whose address is 314 West Main Street, Lot B of the Historic Landmark Lot Split at 320 W. Main
Street, and The City of Aspen, a body politic and corporate pursuant to its Home-Rule Charter
and the Constitution of the State of Colorado, acting through its City Council, (hereinafter the
“City”);
WITNESSETH
WHEREAS, Owner owns real property more specifically described as; Lot B of the
Historic Landmark Lot Split at 320 W. Main Street, Parcel ID 2735-124-41-011, Pitkin County,
Colorado, (hereinafter referred to as “Real Property”), which Real Property is designated as a
Historic Site, as such are defined in the City of Aspen Land Use Code (“City Code”); and
WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with
Section 26.535.090.A.2 of the City Code, and supplied the necessary application materials
identified in Section 26.535.090 showing compliance with the criteria set forth in Section
26.535.070 of the City Code; and
WHEREAS, The Community Development Department has reviewed Owner’s
application according to the review standards identified in 26.535.070 of the City Code, and has
recommended approval of the application and the establishment of up to three (3) approved
Historic TDR Certificates as set forth herein; and
WHEREAS, City Council Ordinance #____, Series of 20___ (the “Ordinance”) was
approved on ___(date)__________, establishing the above referenced Historic TDR Certificates,
and requiring that a Deed Restriction be recorded in real property records of Pitkin County,
designating the Real Property as a Sending Site and permanently restricting the development of
the Real Property (the Sending Site) to an allowable Floor Area not exceeding the allowance for
a single-family residence or duplex if allowed, minus two hundred and fifty (250) square feet of
Floor Area multiplied by the number of Historic TDR Certificates established; and
WHEREAS, in consideration of the establishment of one (1), or the first of three (3),
second of three (3), or the third of three (3). Historic TDR Certificates pursuant to the
Ordinance and City Code, Owner agrees to restrict the Real Property as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and obligations contained
herein, Owner and the City hereby covenant and agree as follows:
1. Development of the Real Property (the Sending Site) is hereby permanently
restricted to an allowable Floor Area not exceeding the allowance for a single-
2
family residence or duplex as otherwise permitted by the City Code on the Real
Property, minus any deductions resulting from previous issuance of TDR
certificate(s) and minus 250 square feet, that being two hundred fifty (250) square
feet of Floor Area multiplied by the one (1) Historic TDR Certificate hereby
established.
2. The property owner may elect to sever up to three (3) TDR certificates from the
property and is not required by Ordinance # ___, Series of 2021 to sever all three
TDR certificates. The property owner, at their sole discretion, may elect to sever
no TDRs, one (1) TDR, two (2) TDRs, or three (3) TDRs from the property.
3. In consideration of the foregoing, and pursuant to the City Code and the
Ordinance, the City shall cause the issuance of one (1) Historic TDR Certificate,
executed by the Mayor, allowing the transfer of development rights to a Receiver
Site to be determined pursuant to the City Code. This Historic TDR Certificate
may be sold, assigned, transferred, or conveyed. Transfer of title shall be
evidenced by an assignment of ownership on the actual certificate document.
Upon transfer, the new owner may request the City re-issue the certificate
acknowledging the new owner. Reissuance shall not require adoption of a new
ordinance. The market for such Historic TDR Certificates shall remain
unrestricted and the City shall not prescribe or guarantee the monetary value of
any Historic TDR Certificates.
4. This deed restriction shall not be construed to stipulate an absolute Floor Area on
the Real Property, but only a square footage reduction from the allowable Floor
Area, as that allowable Floor Area may be amended from time to time.
5. The Real Property (Sending Site) shall remain eligible for Floor Area incentives
and/or exemptions as may be authorized by the City Code, as it may be amended
from time to time.
6. This restriction may be modified only in a writing signed by both the Owner and
the City.
7. Unless modified as stated above, this Agreement shall constitute a covenant
running with the Real Property as a burden thereon for the benefit of, and shall be
specifically enforceable by, the City Council of the City of Aspen by any
appropriate legal action including, but not limited to, injunction or abatement.
[SIGNATURES ON FOLLOWING PAGES]
3
IN WITNESS HEREOF, the parties hereto have executed this instrument on the date and
year above first written.
OWNER:
By:___________________________
Wendi Sturgis, 314 West Main LLC, a Colorado limited liability company
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ________ day of
______________, 20___, by ___________
Witness my hand and official seal.
My commission expires:___________________
_____________________________
Notary Public
4
APPROVAL OF CITY ATTORNEY
By:___________________________
James R. True, City Attorney
THE CITY OF ASPEN, COLORADO
a body politic and corporate pursuant to
its Home-Rule Charter and the Constitution of the State of Colorado
By:____________________________ Date:______________
Torre, Mayor
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this _____ day of
_________________, 20__, by_____________, as Mayor of the City of Aspen, Colorado.
Witness my hand and official seal.
My commission expires:___________________
_____________________________
Notary Public
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE APPLICATION
Project Name and Address:_________________________________________________________________________
Parcel ID # (REQUIRED) _____________________________
APPLICANT:
Name: ______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #: ___________________________ email: __________________________________
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#: _____________________________ email:___________________________________
Description: Existing and Proposed Conditions
Review: Board Review
Have you included the following?FEES DUE: $ ______________
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______
Affordable Housing dwelling units_____ Essential Public Facility square footage ________
Establish 3 TDRs. No physical improvements proposed.
314 West Main LLC; Wendi Sturgis, Manager
BendonAdams
(existing)
Required Land Use Review(s):
Establish TDRs
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 2016
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 Conservation Easement Program Dimensional Variances
Increased Density Historic Landmark Lot Split Waiver of Park Dedication Fees
Conditional Uses Tax Credits
Exemption from Growth Management Quota System
•
•
•
•
•
•
o
o
o
o
o
exhibit 4
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
Address of Property: 314 West Main Street
Property Owner Name: 314 West Main LLC
Billing Name and Address - Send Bills to:
Please type or print in all caps
Representative Name (if different froni Property Owner) BendonAdams
314 West Main LLC; 314 W. Main St.; Aspen, CO 81611
Contact info for billing: e-mail: wendi@yeAcom Phone: (212) 684-9388
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, 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 bythe 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.
$ 1,300 deposit for 4 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: 1
Signature:
Jessica Garrow, AICP
Community Development Director PRINT Name: Wend! Sturgis, aiInager
314 West Main, a Colorado
City use: Fees Due: $ Received $ Title: Limited Liability Company
-
Case #E
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All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed bar
the property owner or Attorney representing the property owner.
Property Name: 314 West Main LLC
Owner (°I" ): Email: wendi@yext.com Phone No.: 212.648.9388
Address of 314 W. Main St
Property:
(subject of Aspen, CO 81611
application)
I 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 land use application do not require approval by the homeowners association or
covenant beneficiary.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a ppubtio document.
Owner signature: date: N
Owner printed name: Wendi Sturgis, Ma ager; 314 West Main LLC,
a Colorado Limited Liability Company
or,
Attorney signature:
Attorney printed name:
date:
July 16, 2020
Phillip Supino
Community Development Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: 314 West Main Street; Aspen, CO.
Mr. Supino:
Please accept this letter authorizing BendonAdams LLC to represent our ownership
interests in 314 West Main Street and act on our behalf on matters reasonably associated
in securing land use approvals for the property.
If there are any questions about the foregoing or if 1 can assist, please do not hesitate to
contact me.
Property — 314 West Main Street; Aspen, CO 81611
Legal Description — Lot B; Historic Landmark Lot Split at 320 W. Main St.; Pitkin
County, CO
Parcel ID — 2735-124-41-011
Owner — 314 West Main LLC, a Colorado Limited Liability Company
Kind Regards,
V� cJ
Wendi Sturgis, Manag
314 West Main LLC, a Colorado Limited Liability Company
314 W. Main St.
Aspen, CO 81611
(212) 684-9388
wend i@yext.corn
300 SO SPRING ST 1 202 1 ASPEN, CO 81611
970.925.2855 1 BENDONADAMS.COM
ALTA Commitment For Title Insurance
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3
RD
FLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-FAX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:
TITLE MATTERS: CLOSING MATTERS:
Nola Warnecke (nola@sopris.net) TJ Davis - (tjd@sopris.net)
Joy Higens - (joy@sopris.net)
Issued By
Home Office:
875 Concourse Parkway South, Suite 200
Maitland, FL 32751
Telephone (407) 629-5842
ALTA Commitment Form (6-17-06)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
Westcor Land Title Insurance Company, a California Corporation,("Company"), for a valuable consideration,
hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the
land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company.
All liability and obligations under this Commitment shall cease and terminate within six (6) months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that
the failure to issue such policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws
on the date shown in Schedule A.
Issued By: WESTCOR LAND TITLE INSURANCE COMPANY
Countersigned:
Authorized Signature
CO 1045 * *
Pitkin County Title, Inc.
601 E. Hopkins #3
Aspen, CO 81611
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument.
2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any
such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from
liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated
in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions
and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a
part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a
report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have
or may bring against the Company arising out of the status of the title to the estate or interest or the status of
the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of
this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or
less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review
a copy of the arbitration rules at http://www.alta.org.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: November 30, 2020 at 8:00 AM Case No. PCT25600W
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-(8/1/2016) Amount$
Premium$
Proposed Insured: Rate:
TO BE DETERMINED
(b) ALTA Loan Policy-(8/1/2016) Amount$
Premium$
Proposed Insured: Rate:
(c) ALTA Loan Policy-(8/1/2016) Amount$
Premium$
Proposed Insured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
314 WEST MAIN LLC, a Colorado limited liability company
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT B,
HISTORIC LANDMARK LOT SPLIT AT 320 W. MAIN STREET, according to the Final Plat recorded
September 3, 2003 in Plat Book 66 at Page 32.
PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid
970-925-1766 Phone/970-925-6527 Fax unless the Insuring
877-217-3158 Toll Free Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
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 the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and
Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216.
8. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded December 6, 1887
in Book 59 at Page 129 providing as follows: "That no title shall be hereby acquired to any mine of gold,
silver, cinnabar or copper or to any valid mining claim or possession held under existing laws".
9. Terms, conditions, obligations and provisions of Easement Agreement as set forth in instrument recorded
December 11, 1986 in Book 524 at Page 964.
10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City Council
recorded December 18, 1992 in Book 698 at Page 213 as Resolution No. 56.
11. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed recorded September 2, 1999
as Reception No. 435152.
12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic
Preservation Commission recorded June 19, 2002 as Reception No. 468870 as Resolution No. 19.
13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic
Preservation Commission recorded July 5, 2002 as Reception No. 469507 as Resolution No. 21.
14. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 14, Series of 2002
by Aspen City Council recorded September 8, 2002 as Reception No. 471904.
15. Terms, conditions, provisions and obligations as set forth in Subdivision Agreement recorded September
3, 2003 as Reception No. 487833.
16. Easements, rights of way and all matters as disclosed on Plat of subject property recorded September 3,
2003 in Plat Book 66 at Page 32.
17. Terms, conditions, provisions and obligations as set forth in Notice of Approval for a Change in Use of
Historic Landmark Structure recorded October 23, 2019 as Reception No. 659852.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic
Preservation Commission recorded October 25, 2019 as Reception No. 659919 as Resolution No. 19 Series
of 2019.
19. Any and all leases and/or tenancies.
20. Encroachments and all matters as disclosed by Survey of SOPRIS ENGINEERING - LLC dated SEPTEMBER
2018 as Job No. GRK 11076.
21. Deed of Trust from : 314 WEST MAIN LLC
To the Public Trustee of the County of Pitkin
For the use of : MORGAN STANLEY PRIVATE BANK, NATIONAL ASSOCIATION
Original Amount : $ 1,100,000.00
Dated : OCTOBER 12, 2018
Recorded : OCTOBER 15, 2018
Reception No. : 651212
22. NOTE: The title commitment is subject to underwriting approval. The Company reserves the right to
make changes.
ENDORSEMENT SCHEDULE FOR OWNERS POLICY
ATTACHED TO AND BECOMING A PART OF CASE NO: PCT25600W
SELLER:
314 WEST MAIN LLC, a Colorado limited liability company
BUYER:
TO BE DETERMINED
The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above:
ENDORSEMENTS: For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy.
The fee for deleting exceptions 1 thru 3 is $55.00
A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse
claims, or other matters known by Seller and Buyer.
The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event
information regarding defects, liens, encumbrances, adverse claims, or the like are discovered.
The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property.
Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this
commitment.
Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence
satisfactory that the Taxes for the prior year(s) have been paid.
NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and
materialmens liens, executed by the seller and any additional parties deemed necessary by the Company.
The company hereby reserves the right to make additional requirements as may be deemed necessary in
the event additional facts regarding development, construction or other building or work are disclosed to
the company that may fall within any lien period as defined in the Statues of the State of Colorado, and
may result in additional premiums and/or fees for such coverage and any additional requirements deemed
necessary by the Company.
The Company hereby reserves the right to deny any of the above coverage's at its sole discretion.
PITKIN COUNTY TITLE, INC.
Disclosures
Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a
left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that
does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a
Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or
until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such
services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S.
38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate,
or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a
third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate
may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the
disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each
taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding
special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and
Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents
resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or
recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be
issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or
repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium
and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or
repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial
information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision
and approval by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction
as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1-3.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless
the above conditions are fully satisfied
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be
insured hereunder is in fact a construction loan, any coverage given under the final policy regarding
mechanic or materialmen's liens shall be deemed void and of no effect.
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources:
• Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
Notice of Privacy Policy
of
Westcor Land Title Insurance Company
Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of
personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will
ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes
to safeguard that information.
Who is Covered
We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this
means that the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic
personal information directly from the customer, from customer-related transactions, or from third parties such as our title
insurance agents, lenders, appraisers, surveyors or other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform
their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims
administration and accounting.
Information Sharing
Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing
agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the
consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a
joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as
WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share
information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud.
Information Security
WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and
has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural
safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com.
0
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PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK-ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 8910 354 425
REFERENCE:PCT25600W/TO BE DETERMINED
232
222
222 222
222
233233
233233
233233
233
233233
233
233233
233
233
233
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220
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220
220 210
211116
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323 323
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311
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311 311
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311311
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400
400
400 400400
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320
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334
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400
433
420420
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332
332
332
328
328
328
328
155
327
331
323
447
210
330
314
430
437
320
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400
340
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319
109
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Date: 11/20/2020
Geographic Information Systems
This map/drawing/image is a graphical
representation of the features
depicted and is not a legal representation.
The accuracy may change
depending on the enlargement or reduction.
Copyright 2020 City of Aspen GIS
0 0.01 0.030.01
mi
When printed at 8.5"x11"
4
Legend
AspenEditEnabled - Aspen
Address
ComDev - UGB
AspenEditEnabled - Aspen City
Limits
ComDev - Historic Sites
Pitkin_Layers - Pitkin Parcels
Pitkin_Layers - Pitkin Roads
Zoomed In
Scale: 1:1,505
314 W Main Vicinity
Map
ZN-001
SITE SURVEY
ISSUANCE
SEAL
DRAWING NO:
DRAWING TITLE:
PROJECT #
SCALE
DATE
314- MAIN
01 FA STUDY/ NUMERICS
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LOCAL ASSITANCE
1 Friday Design
PO BOX 7928
Aspen, Colorado 81612
T: 970.309.0695
www.1friday.com
d e r e k m s k a l k o
SURVEY ENGINEER
Sopris Engineering LLC.
502 Main Street, Suite A-3
Carbondale, CO 81623
T: 970.703.0311
www.soprisengineering.com
LAND PLANNER / CITY
REPRESENTATIVE
Bendon Adams
300 South Spring Street, Suite #202
Aspen, Colorado 81611
T: 970.925.2855
www.bendonadams.com
Owner:
Mr. Alex Yong, Co-Owner
Ms. Wendi Sturgis, Co-Owner
314 W Main Street
Aspen, CO 81611
314- MAIN-1 OCT 20
PER DRAWING
ZN-002
SITE SURVEY
ISSUANCE
SEAL
DRAWING NO:
DRAWING TITLE:
PROJECT #
SCALE
DATE
314- MAIN
01 FA STUDY/ NUMERICS
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LOCAL ASSITANCE
1 Friday Design
PO BOX 7928
Aspen, Colorado 81612
T: 970.309.0695
www.1friday.com
d e r e k m s k a l k o
SURVEY ENGINEER
Sopris Engineering LLC.
502 Main Street, Suite A-3
Carbondale, CO 81623
T: 970.703.0311
www.soprisengineering.com
LAND PLANNER / CITY
REPRESENTATIVE
Bendon Adams
300 South Spring Street, Suite #202
Aspen, Colorado 81611
T: 970.925.2855
www.bendonadams.com
Owner:
Mr. Alex Yong, Co-Owner
Ms. Wendi Sturgis, Co-Owner
314 W Main Street
Aspen, CO 81611
314- MAIN-1 OCT 20
PER DRAWING
SITE TOPOGRAPHY
SLOPE ANALYSIS
EXISTING SITE PLAN : 1/8" = 1'-0"
ZN-003
SITE PLAN
EXISTING
ISSUANCE
SEAL
DRAWING NO:
DRAWING TITLE:
PROJECT #
SCALE
DATE
314- MAIN
01 FA STUDY/ NUMERICS
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LOCAL ASSITANCE
1 Friday Design
PO BOX 7928
Aspen, Colorado 81612
T: 970.309.0695
www.1friday.com
d e r e k m s k a l k o
SURVEY ENGINEER
Sopris Engineering LLC.
502 Main Street, Suite A-3
Carbondale, CO 81623
T: 970.703.0311
www.soprisengineering.com
LAND PLANNER / CITY
REPRESENTATIVE
Bendon Adams
300 South Spring Street, Suite #202
Aspen, Colorado 81611
T: 970.925.2855
www.bendonadams.com
Owner:
Mr. Alex Yong, Co-Owner
Ms. Wendi Sturgis, Co-Owner
314 W Main Street
Aspen, CO 81611
314- MAIN-1 OCT 20
1/8" = 1'-0"
EXISTING MAIN LVL. FLOOR PLAN: 1/8" = 1'-0"
FAR (Z-005)
EXISTING UPPER LVL. FLOOR PLAN: 1/8" = 1'-0"
EXISTING MAIN LVL. FA DIAGRAM: 1/8" = 1'-0"EXISTING UPPER LVL. FA DIAGRAM: 1/8" = 1'-0"
EXISTING LOFT LVL. FLOOR PLAN: 1/8" = 1'-0"
EXISTING LOFT LVL. FA DIAGRAM: 1/8" = 1'-0"
HABITABLE
GARAGE
PORCH/ DECK
EXTERIOR STORAGE
LEGENDEXISTING FLOOR AREA CALCULATIONS - 100% of R-6 Definition
839.35 GROSS SQUARE FEET
789.04 SF FA COUNTABLE
VICTORIAN GH
839.35 GROSS SQUARE FEET
839.35 SF FA COUNTABLE
VICTORIAN GH
135.7 GROSS SQUARE FEET
38.35 EXEMPT / 96.85 SF FA COUNTABLE
UPPER LVL. LOFT AREA
(+ 30" in HEIGHT)
EXISTING MAIN LEVEL FLOOR AREA CALCULATIONS - VICTORIAN GH
839.35 (FA)GROUND FLOOR AREA (SQ FT) - FA
GROUND PORCH/ DECK AREA (GROSS SQ FT)
1,725.24 (FA) :: 2,520.4 FA Allowable :: 795.16 FA UnusedTOTAL EXISTING FLOOR AREA (SQ FT) - 100%
GROUND FLOOR STAIR & MISC. EXEMPTIONS: INT. 0 (GROSS)
839.35 (GROSS)GROUND FLOOR AREA (GROSS SQ FT HAB)
GARAGE FLOOR AREA (SQ FT) - FA
GARAGE FLOOR AREA (GROSS SQ FT)N/A: 0 (GROSS)
N/A: 0 (FA)
Standard R-6 Zoning Allowance
514.68 Lot Total Allowable
EXISTING UPPER LEVEL FLOOR AREA (+ LOFT ACCESSED AREA) CALCULATIONS - VICTORIAN GH
789.04 (FA)UPPER LEVEL FLOOR AREA (SQ FT) - FA
UPPER PORCH/ DECK AREA (GROSS SQ FT)
UPPER FLOOR STAIR & MISC. EXEMPTIONS: INT.50.31 (GROSS)
839.35 (GROSS)UPPER LEVEL FLOOR AREA (GROSS SQ FT HAB)
1st 250 Exempt / 2nd 250 - 50%
No Exemptions 1:1 Ratio
50.31 Open Stair Exemption
N/A: 0 (EX) =0 (FA)
24.6 (EX) = 0 (FA)
514.68 Lot Total Allowable
96.85 (FA)UPPER LOFT LEVEL FLOOR AREA (SQ FT) - FA
LOFT FLOOR STAIR & MISC. EXEMPTIONS: INT.38.85 (GROSS)
135.7 (GROSS)UPPER LVL. LOFT FLOOR AREA (GROSS SF HAB)
38.85 Exemption: Less than 30"
Floor Area Summary Existing Gross (Sq Ft)Existing Floor Area (Sq Ft) Proposed Gross (Sq Ft)Proposed Floor Area (Sq Ft) Reference
ZN-001 through ZN-0005Basement Habitable (Lower Subgrade Level) N/A N/A
Main Level Habitable (Ground Floor)839.35
Upper Level Habitable (2nd Floor)
Porch/ Stair Access / Patio / Roof Deck Area
Total 1,814.4 Hab / 0 Gar 1,725.24 FA N/AN/A
Floor Area Allowable For 314 W Main Street 2,520.4 square foot FA For SFR FA per R-6 on 3,431.24 square foot lot
Main Level Garage (Ground Floor)
N/A N/A0 FA Countable / 514.68 Allowable24.6 (Existing)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
7901
7902
T.O. Conc. Mecha
ELEV - 96'-6" (V.I.F
T.O. F.F. Main Lev
ELEV - 100'-0" (V.I.
T.O. F.F. Upper Le
ELEV - 109'-8" (V.I.
T.O. F.F. Loft Area
ELEV - 118'-1/2" (V
T.O. 13/12 Gable
ELEV - 126'-2 1/4"
MECHANICAL AREA: MAIN
LEVEL ACCESS - SUNKEN -
3'-6" FROM MAIN LVL. F.F.
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25' MU Height Limit
(Detached Residential)
T.O. 1/3 Point 12/1
ELEV - 118'-4" (V.I.
T.O. 1/3 Point 12/1
ELEV - 120'-1 3/4"
2'
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2'-8 9
16"9'-8"2'-8 9
16"
30" SPRING POINT
LOFT AREA
GREATER THAN 30"
LOFT AREA
LOFT SECTION: 1/8" = 1'-0"
N/A
N/A N/A
839.35
Upper Level Habitable (2nd Lvl. Loft Area)
839.35 789.04
135.7 96.85
795.16 square foot FA Unused
ZN-001 through ZN-0005
ZN-001 through ZN-0005
ZN-001 through ZN-0005
ZN-001 through ZN-0005
ZN-001 through ZN-0005
ZN-001 through ZN-0005
ZN-004
FLOOR AREA
DIAGRAMS &
NUMERIC
ISSUANCE
SEAL
DRAWING NO:
DRAWING TITLE:
PROJECT #
SCALE
DATE
314- MAIN
01 FA STUDY/ NUMERICS
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LOCAL ASSITANCE
1 Friday Design
PO BOX 7928
Aspen, Colorado 81612
T: 970.309.0695
www.1friday.com
d e r e k m s k a l k o
SURVEY ENGINEER
Sopris Engineering LLC.
502 Main Street, Suite A-3
Carbondale, CO 81623
T: 970.703.0311
www.soprisengineering.com
LAND PLANNER / CITY
REPRESENTATIVE
Bendon Adams
300 South Spring Street, Suite #202
Aspen, Colorado 81611
T: 970.925.2855
www.bendonadams.com
Owner:
Mr. Alex Yong, Co-Owner
Ms. Wendi Sturgis, Co-Owner
314 W Main Street
Aspen, CO 81611
314- MAIN-1 OCT 20
BREAKDOWNS
1/8" = 1'-0"
(100% - R-6 DEF)
FAR (Z-007)
7902
7901
7903
7903
T.O. Conc. Mechanical
ELEV - 96'-6" (V.I.F.)
T.O. F.F. Main Level
ELEV - 100'-0" (V.I.F.)
T.O. F.F. Upper Level
ELEV - 109'-8" (V.I.F.)
T.O. F.F. Loft Area
ELEV - 118'-1/2" (V.I.F.)
T.O. 13/12 Gable Ridge
ELEV - 126'-2 1/4" (V.I.F.)
T.O. Conc. Mechanical
ELEV - 96'-6" (V.I.F.)
T.O. F.F. Main Level
ELEV - 100'-0" (V.I.F.)
T.O. F.F. Upper Level
ELEV - 109'-8" (V.I.F.)
T.O. F.F. Loft Area
ELEV - 118'-1/2" (V.I.F.)
T.O. 13/12 Gable Ridge
ELEV - 126'-2 1/4" (V.I.F.)
WE
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2.0
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1.0
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2.0
EX
MECHANICAL AREA: MAIN
LEVEL ACCESS - SUNKEN -
3'-6" FROM MAIN LVL. F.F.
MECHANICAL AREA: MAIN
LEVEL ACCESS - SUNKEN -
3'-6" FROM MAIN LVL. F.F.
WE
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T.O. 1/3 Point 13/12 W-E Gable
ELEV - 118'-4" (V.I.F.)
T.O. 1/3 Point 13/12 N-S Dormer Gable
ELEV - 120'-1 3/4" (V.I.F.)
T.O. 1/3 Point 12/12 W-E Gable
ELEV - 118'-4" (V.I.F.)
T.O. 1/3 Point 12/12 N-S Dormer Gable
ELEV - 120'-1 3/4" (V.I.F.)
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ELEV - 129'-5 1/8" (V.I.F.)
25' MU Height Limit
(Detached Residential)
25' MU Height Limit
(Detached Residential)
EXISTING NORTH (ALLEY) ELEVATION: 1/8" = 1'-0"
7901
7902
7903
7902
T.O. Conc. Mechanical
ELEV - 96'-6" (V.I.F.)
T.O. F.F. Main Level
ELEV - 100'-0" (V.I.F.)
T.O. F.F. Upper Level
ELEV - 109'-8" (V.I.F.)
T.O. F.F. Loft Area
ELEV - 118'-1/2" (V.I.F.)
T.O. 13/12 Gable Ridge
ELEV - 126'-2 1/4" (V.I.F.)
T.O. Conc. Mechanical
ELEV - 96'-6" (V.I.F.)
T.O. F.F. Main Level
ELEV - 100'-0" (V.I.F.)
T.O. F.F. Upper Level
ELEV - 109'-8" (V.I.F.)
T.O. F.F. Loft Area
ELEV - 118'-1/2" (V.I.F.)
T.O. 13/12 Gable Ridge
ELEV - 126'-2 1/4" (V.I.F.)
MECHANICAL AREA: MAIN
LEVEL ACCESS - SUNKEN -
3'-6" FROM MAIN LVL. F.F.
MECHANICAL AREA: MAIN
LEVEL ACCESS - SUNKEN -
3'-6" FROM MAIN LVL. F.F.
B.0
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T.O. 1/3 Point 12/12 W-E Gable
ELEV - 118'-4" (V.I.F.)
T.O. 1/3 Point 12/12 N-S Dormer Gable
ELEV - 120'-1 3/4" (V.I.F.)
T.O. 1/3 Point 12/12 W-E Gable
ELEV - 118'-4" (V.I.F.)
T.O. 1/3 Point 12/12 N-S Dormer Gable
ELEV - 120'-1 3/4" (V.I.F.)
T.O. 13/12 N-S Gable Cupola
ELEV - 129'-5 1/8" (V.I.F.)
25' MU Height Limit
(Detached Residential)
EXISTING SOUTH (314 W MAIN ST) ELEVATION: 1/8" = 1'-0"
EXISTING EAST (SIDE) ELEVATION: 1/8" = 1'-0"EXISTING WEST (SIDE) ELEVATION: 1/8" = 1'-0"
ZN-005
ELEVATIONS
ISSUANCE
SEAL
DRAWING NO:
DRAWING TITLE:
PROJECT #
SCALE
DATE
314- MAIN
01 FA STUDY/ NUMERICS
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LOCAL ASSITANCE
1 Friday Design
PO BOX 7928
Aspen, Colorado 81612
T: 970.309.0695
www.1friday.com
d e r e k m s k a l k o
SURVEY ENGINEER
Sopris Engineering LLC.
502 Main Street, Suite A-3
Carbondale, CO 81623
T: 970.703.0311
www.soprisengineering.com
LAND PLANNER / CITY
REPRESENTATIVE
Bendon Adams
300 South Spring Street, Suite #202
Aspen, Colorado 81611
T: 970.925.2855
www.bendonadams.com
Owner:
Mr. Alex Yong, Co-Owner
Ms. Wendi Sturgis, Co-Owner
314 W Main Street
Aspen, CO 81611
314- MAIN-1 OCT 20
1/8" = 1'-0"
Page: 1 of 4
09/05/2002 09: 1 ll:t
ILVIA DAVIS PlTKTN COUNTY CO R 21.00 D 0.00
ORDINANCE NO. 14
Series of 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO GRANT APPROVAL FOR A suBDIVISION EXEMPTION
FOR AN HISTORIC LANDMARK LOT SPLIT AT 320 W. MAIN STREET,
LOTS N, O, AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN
PARCEL ID#: 2735-
124-41-005 WHEREAS, pursuanttoSections26.480.030(A)(2)
and (4), Section 26.470.070(C), andSection26.415.010(D) of the Municipal Code,
a Historic Landmark Lot Split is a subdivision exemption subject to review and approval by
City Council after obtaining a recommendation from the Historic
preservation Commission (
hereinafter HPC); and WHEREAS, the applicants, Scott and Mary Caroline McDonald,
owners of 320 W. Main Street, Lots N, O, and P, BlOck 44, Cityand ToWnSite Of'
Aspen, have requested approval tosplit a 9,000 square foot parcel into twolots of 4,500 square
feet each; and WHEREAS, the Community Development Department
has reviewed the application and recommends approval of the Historic Landmark
Lot SPlit; and WltEREAS, the HPC reviewed the request for the historic lot split
at a properly noticed public hearing on May 8, 2002, and reviewed a setback variance
request at a public hearing on June 12, 2002, and
recommended approval; and WHEREAS, the Aspen City Council has reviewed
and considered the subdivision exemption under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered those recommendations
made by the Community Development Department, and the Historic
Preservation Commission, and has taken and considered public comment at a
public hearing; and WltEREAS, the City Council finds that the Historic Landmark Lot
Split meets or exceeds all applicable development standards of the above
referenced Municipal
Code sections; and WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for the public health,
safety and welfare.NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
Page: 2 of' 4
09105/2002 09: 1 lA
ILVIA D~VIS PYTKIN COUNTY CO R 2~..00 D 0.00
Section 1 ~
Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and
Section 26.415.010(D) of the Municipal Code, and subject to those conditions of
approval as specified herein, the City Council finds as follows in r~gard to the
subdivision exemption:
1. The applicant's submission is complete and sufficient to afford review and
evaluation for approval; and
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.480 of the Municipal Code, which purposes include: assist
in the orderly and efficient development of the City; ensure the proper
distribution of development; encourage the well-planned subdivision of land
by establisking standards for the design of a subdivision; improve land records
and survey monuments by establishing standards for surveys and plats; coordinate
the construction of public facilities with the need for public facilities; safeguard
the interests of the public and the subdivider and provide consumer protection for
the purchaser; acquire and ensure the maintenance of public open spaces and
parks,provide procedures so that development encourages the preservation of
important and unique natural or scenic features, including but not limited to mature trees
or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges
of rivers and other bodies of water, and, promote the health, safety and
general welfare of the residents of the City of
Aspen.Section
2 Pursuant to the findings set forth in Section 1, above, the City Council
does hereby grant an Historic Landmark Lot Split subdivision exemption for 320 W.
Main Street with the following
conditions:1. The HPC has approved a 500 square foot FAR bonus, for the purpose of
allowing the existing structures to remain in place. The bonus is not being awarded to
allow any expansion on the property. This condition shall be noted on the
plat.2. In order to qualify for the bonus, the applicant must meet "City of Aspen
Historic Preservation Design Guideline2.2." A plan for repair and repainting of
the Smith-Elisha house must be submitted to HPC staff by July 31, 2002,
and the work must be completed by December 31, 2002. The City will require
a financial security be posted by the applicant to ensure that this condition
is met.3. The HPC has waived any of the required parking that cannot be contained
on the site in the form of legal sized spaces. This condition shall be noted on
the plat.4. The HPC has granted a 3 foot sideyard setback variance along the east side
ofthe Smith-E1/sha House. As a condition of the variance, which
was partially justifiedby the owner's desire to have the two new lots share an existing
ILVIA DAVIS P;TKIN COUNTY CO R 21.00 O 0.00
determined that as lung as the historic caniagc house remains the o~y sa-
ucture on the east half of Lot 0 and all of Lot ?, Block 44, City andTov~site of
Aspen,said building shall be accessed from the street via the shared sidewalk which
runs down the east side of the adjacent Smith- Elisha house. No new sidewalk can
be created from Main Street to the carriage house unless approved by the HPC.
This condition shall be noted on the
plat.5. A subdivision plat and subdivision exemption agreement shall be reviewed
and approved by the Community Development Department and recorded in the
office of the Pitkin County Clerk and Recorder within one hundred eighty (I 80) days
of final approval by City Council. Failure to record the plat and
subdivision exemption agreement within the specified time limit shall render the plat
invalid and reconsideration of the plat by City Council will be required for a showing
of good cause. As a minimum, the subdivision plat
shall:a. Meet the requirements of Section26.480 of the Aspen Municipal
Code;b. Contain a plat note stating that the lots contained therein shall
be prohibited from further subdivision and any development of the lots
will comply with the applicable provisions of the Land Use Code in effect
at the time of
application;c. Contain a plat note stating that all new development on the lots
will conform to the dimensional requirements of the Office zone
district,except the variances approved by the
HPC.4. The FAR on the two lots created by this lot split shall be based on the use of
the buildings. At this time the Smith-Elisha house is intended to be a
residence and the carriage house is mixed-use. The maximum FAR for each lot
may be affected by applicable lotarea reductions (i.e., slopes, access
easements, etc.). The applicant shall verify with the City Zoning Officer the total
allowable FAR on each lot, taking into account any and all applicable lot
area reductions. The property shall be subdivided into two parcels, Lots A andB, each
4,500 square feet in size. This condition shall be noted
on the plat.5. The site is located on Main Street, where pedestrian improvements
are an important goal. The applicant must verify that the existing sidewalk, curb, and
gutter in front of the property meet the requirements of the City
Engineering Department, or rectify any inadequacies Pd0r to
filing the plat.6. Part of the historic significance of this property lies in the fact that
this is a significant residence with a large carriage house on the site.
These two structures are strongly associated architecturally and establish a strong
historic context on the site. The HPC will review any future development on
the property, however,as a condition of approval of this lot split, a fence shall not be
allowed to be constructed between the two newly create lots, which
would separate them visually from each other. This shall be noted
on the
plat.Section 3 This Ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or
the ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 4
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 5
A public hearing on the Ordinance was held On the 24th day of June, 2002, in the
City Council Chambers, Aspen City Hall, Aspen Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 13th day of May, 2002.. t ~ ·
H~en ~Kali~ Kl'~'e~ud, Mayor
City Clerk
adopted, passed and approved this 2002.
City Clerk
Approved as to form:
John 1~. Worcester
City Attorney
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V11CM-Y MAP
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RECEPTIONM 659852, R: $28.00, D: $0.00
DOC CODE: APPROVAL
P9 1 of 4,1012312019 at 02:36:39 PM
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
FOR A CHANGE IN USE OF HISTORIC LANDMARK STRUCTURE LOCATED AT 314
WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS B, HISTORIC LANDMARK LOT
SPLIT AT 320 W MAIN STREET, ACCORDING TO THE FINAL PLAT RECORDED
SEPTEMBER 3, 2003 IN PLAT BOOK 66 AT PAGE 32, CITY AND TOWNSITE OF ASPEN,
COLORADO.
Parcel ID: 2735-124-41-001
APPLICANT: 314 West Main LLC; Wendi Sturgis, Manager
314 W. Main Street, Aspen, CO 81611
REPRESENTATIVE(S): Chris Bendon, Bendon Adams
300 S. Spring Street #202, Aspen, CO 81611
SUBJECT &
SITE OF APPROVAL: Growth Management Quota System (GMQS) change in use of historic
landmark sites and structures at 314 W. Main Street
SUMMARY:
314 W. Main Street is the carriage house associated with the Smith Elisha house at 320 W. Main Street.
The structure currently contains an office use on the ground level and a one -bedroom residential unit on
the second floor.
A Historic Lot Split was approved via Ordinance No. 14, Series of 2002 creating two 4,500 square foot
lots, Lot A contained the Smith Elisha house and Lot B contained the Carriage house and is the subject
site of this application. The lot split plat included a plat note that waived any required parking that cannot
be contained on the site.
The current request is to eliminate the conunercial unit on the lower level and convert the property to a
single-family residence. The application was deemed complete on May 17, 2019 and is subject to the Land
Use code in effect at that time. The Historic Preservation Chapter that is applicable to this application
allows for a change in use if not more than one (1) free market reside -nee is created. The change in use is
not added or deducted fiom the annual development allotments. The proposed change in use must also
comply with the dimensional limitations for the proposed use.
STAFF EVALUATION:
The requested change is use from a mixed -use building to a single-family residence requires compliance
with Section 26.470.090.1) - Change in Use of Historic Landmark Site and Structures. That section allows
for administrative approval of a change in use request for a historic landmark site with no affordable
housing mitigation required as long as no more than one free-market unit is created. The requested change
in use would create one free market unit. The single-family residence complies with the maximum
allowable floor area for a single-family house in this zone district. The parking requirement for the site
was waived via HPC Resolution No. 19, Series of 2019 which reduced the parking requirement to one on
site parking space. Considering the parking 'waiver, the proposed change in use complies with all
requirements of the code.
DECISION:
The Community Development Director finds that the proposed change in use is consistent with
previous approvals and thereby APPROVES the request with the following conditions:
1. A building permit will be required to document the change in use. All required documents
and drawings, as determined by the City of Aspen Staff, must be provided prior to
acceptance of the building permit for review.
APPROVED Y:
) . �k 7—
Jennifer PhelanU Da e
Interim Community Development Director
Attachments:
Exhibit A — Floor plans designating use locations (recorded)
Exhibit A- Floor Plans
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