HomeMy WebLinkAboutagenda.hpc.20260128AGENDA
ASPEN HISTORIC PRESERVATION
COMMISSION
January 28, 2026
4:30 PM, City Council Chambers -
3rd Floor
427 Rio Grande Place
Aspen, CO 81611
I.ROLL CALL
II.MINUTES
II.A Draft Minutes - 12/10/25
III.PUBLIC COMMENTS
IV.COMMISSIONER MEMBER COMMENTS
V.DISCLOSURE OF CONFLICT OF INTEREST
VI.PROJECT MONITORING
VII.STAFF COMMENTS
VIII.CERTIFICATE OF NO NEGATIVE EFFECT ISSUED
IX.CALL UP REPORTS
X.SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS
XI.SUBSTANTIAL AMENDMENT
XII.OLD BUSINESS
XIII.NEW BUSINESS
XIII.A
HPC Resolution #02, Series of 2026
411 East Main Street - Request for a Certificate of Appropriateness for Minor
Development and Commercial Design Review.
minutes.hpc.20251210_DRAFT.docx
411EMain.StaffReport.HPCMinor.pdf
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XIII.B Public Art Presentation Re: Ped Mall 50 Year Celebration
XIV.ADJOURN
XV.NEXT RESOLUTION NUMBER
HPC Resolution # 02 , Series of 2026.pdf
Attachment A_Application.pdf
Attachment B_Historic Preservation Design Guidelines Analysis.pdf
Attachment C_Commercial Design Review Criteria.pdf
Attachment D _Referral Comments.pdf
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
(1 Hour, 15 Minutes for each Major Agenda Item)
1. Declaration of Conflicts of Interest (at beginning of agenda)
2. Presentation of proof of legal notice (at beginning of agenda)
3. Applicant presentation (10 minutes for minor development; 20 minutes for major
development)
4. Board questions and clarifications of applicant (5 minutes)
5. Staff presentation (5 minutes for minor development; 10 minutes for major
development)
6. Board questions and clarifications of staff (5 minutes)
7. Public comments (5 minutes total, or 3 minutes/ person or as determined by the Chair)
8. Close public comment portion of hearing
9. Applicant rebuttal/clarification (5 minutes)
10. Staff rebuttal/clarification (5 minutes)
End of fact finding. Chairperson identifies the issues to be discussed.
11. Deliberation by the commission and findings based on criteria commences. No further
input from applicant or staff unless invited by the Chair. Staff may ask to be recognized if
there is a factual error to be corrected. If the item is to be continued, the Chair may
provide a summary of areas to be restudied at their discretion, but the applicant is not to
re-start discussion of the case or the board’s direction. (20 minutes)
12. Motion. Prior to vote the chair will allow for call for clarification for the proposed
resolution.
Please note that staff and/or the applicant must vacate the dais during the opposite
presentation and board question and clarification session. Both staff and applicant team
will vacate the dais during HPC deliberation unless invited by the chair to return.
Updated: March 7, 2024
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REGUALR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 10TH, 2025
ROLL CALL
Chair Thompson called the meeting to order. Also present were Commissioners Roger Moyer, Jodi
Surfas, Barb Pitchford, Duncan Clauss and Kim Raymond. Commissioner Dakota Severe was absent.
Staff Present:
Gillian White – Principal Preservation Planner
Luisa Berne – Assistant City Attorney
Mike Sear – Deputy City Clerk
MINUTES
Draft Minutes - 10/22/25
Mr. Moyer made a motion to approve the draft minutes from the October 22nd, 2025 meeting. Ms.
Pitchford seconded. Roll call vote: Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Clauss,
yes; Ms. Raymond, yes; Ms. Thompson, yes. 6-0 vote, motion passes.
PUBLIC COMMENTS
Chair Thompson opened the public comment period for items not on the agenda. There were no
comments, and the public comment period was closed.
COMMISSIONER MEMBER COMMENTS
Mr. Moyer inquired about the old historic museum (original power plant) and whether it had gone
through the Historic Preservation Commission, noting exterior tuck-pointing work. Ms. White
confirmed the Powerhouse had submitted permits for repointing and would be replacing the roof
with a similar but matte-coated metal roof instead of the reflective one.
Mr. Moyer also asked about the status of the old Crystal Palace building. Ms. White responded that
the project was still in building permit review, with some structural work and wall dismemberment
permitted, but much of the permit remained under review.
Ms. Pitchford thanked Ms. White for the educational opportunities provided to the commission. She
expressed interest in pursuing a homeowner handbook and realtor training, acknowledging these
would add to staff workload. Ms. Pitchford also mentioned seeing plaques on historic buildings
during a recent trip to Northern California and suggested implementing something similar in Aspen.
Ms. White explained that Aspen previously had a plaque program for commercial buildings in the
core but noted private homeowners often don't want plaques because they attract people
approaching their homes. She agreed to research how the program was handled previously and
explore restarting it, potentially for properties within the district.
Mr. Moyer suggested alternatives such as steel posts with signs near mailboxes. Ms. White
mentioned another option could be a virtual tour with QR codes or numbers on buildings that link to
online information, historic pictures, and other details.
Ms. Raymond discussed her recent meeting with Ms. White regarding building relocation and
suggested having a house mover give a presentation to the commission about the relocation
process. This would provide commissioners with a better understanding when considering relocation
applications. Ms. White agreed to reach out to Bailey House Movers to arrange a presentation.
Ms. Thompson noted that for final review of relocation requests, stabilization drawings should be
included in addition to relocation plans, as they impact construction. Ms. White mentioned they now
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REGUALR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 10TH, 2025
require more detailed reports for relocations, including methods, stabilization plans, and load
calculations.
Ms. Thompson requested that the commission reinstate the end-of-year review of completed
historic preservation projects for potential awards, which had been discontinued. Ms. White agreed
to look into it.
Mr. Sear reminded commissioners about the upcoming holiday party on Thursday, December 18th,
from 6-8pm at the Wheeler Vault Bar.
DISCLOSURE OF CONFLICT OF INTEREST
No conflicts of interest were disclosed for items on the agenda.
PROJECT MONITORING
Ms. White indicated this would be discussed at the next meeting.
STAFF COMMENTS
Ms. White reported that two properties had recent call-ups: 406 Smuggler and 504 West Hallam.
She also noted that the 500 West Francis Lot 1 TDR request had its first reading at Council, with the
second reading scheduled for the following week. Council had requested information about the TDR
program in general, including the number of TDRs established, how many had been landed and
extinguished, and typical sale prices.
CERTIFICATE OF NO NEGATIVE EFFECT ISSUED
Ms. White indicated this would be discussed at the next meeting.
CALL UP REPORTS
These were discussed during staff comments.
SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS
Ms. Berne confirmed that noticing was in compliance for the agenda.
OLD BUSINESS
Request for a Certificate of Appropriateness for Major Development Final Review,
Relocation, and Variations at 325 W. Hopkins Ave.
Applicant Presentation: Sara Adams – Bendon Adams and Wheeler Clancy
Sara Adams of Bendon Adams presented the final review application for 325 West Hopkins, with
Wheeler Clancy representing the owner. The project had received conceptual approval
approximately one year earlier. Ms. Adams reviewed the previous approval, which included
relocating the landmark to fix the foundation and install a basement before returning it to its original
location, setback variations to legalize the original location of the landmark and new basement, and
full restoration of the landmark.
Ms. Adams presented historic photos and Sanborn maps showing the historic house and its
evolution, including additions made in 1974 and 1984, as well as porch modifications and window
replacements in 1987. She displayed the site plan, which maintained the same layout approved at
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REGUALR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 10TH, 2025
conceptual review, detailing the landmark with basement, new detached construction, landscape
elements, and outdoor fireplaces.
Ms. Adams noted a change from the conceptual approval, which was the removal of a vertical screen
that zoning had determined qualified as a fence over 6 feet tall, which would have required a height
variance from City Council. Materials for the new building would include horizontal wood siding in
two different stains, black metal windows, and black standing seam metal roof with solar panels on
the flat portions.
For the historic landmark, Ms. Adams described the proposed reconstructed porch, painted wood
siding, and a synthetic shingle shake roof, though she acknowledged staff's concerns about the
proposed roof material and agreed with the condition to work with staff and monitor to determine
appropriate materials. She also noted a fire-rated wall assembly would be needed due to proximity
to the property line.
Ms. Adams explained a setback variation issue that arose after conceptual approval when zoning
determined that the 10-foot separation between buildings needed to be consistent from front to
rear rather than staggered as originally proposed. The solution involved requesting variations for the
side yard setbacks, with 10 feet on the west and 5 feet on the east.
During questioning, Ms. Adams and Mr. Clancy provided additional details about materials, including
stone for retaining walls and black brick for walkways. They clarified that mechanical equipment,
portions of light wells, and one of the fire features would be within the setback area requiring
variations. Regarding construction methods, Mr. Clancy explained they would use vertical micropiles
around the property perimeter, with special considerations for the west property line where the
foundation wall would require a one-sided concrete pour.
Staff Presentation: Gillian White - Senior Preservation Planner
Ms. White presented the staff report, noting changes since conceptual approval and finding that the
details and materials generally aligned with historic preservation design guidelines. She supported
the requested setback variations and outlined several conditions of approval, including requirements
for the preservation plan, solar panel placement, roof materials, and financial assurance for safe
relocation of the historic structure.
Public Comments: None
Board Discussion:
During deliberation, commissioners discussed several aspects of the project:
Ms. Thompson recommended differentiating the standing seam metal roofs between the historic
resource and new structure by varying the panel width, seam height, and potentially the color.
Commissioners agreed with staff regarding the synthetic shingle roof and supported the condition to
work with staff and monitor on appropriate materials.
Ms. Thompson noted the proposed craftsman-style front door wasn't appropriate for the time
period of the resource and should be restudied.
Commissioners suggested including details in the preservation plan about minimizing the impact of
increased wall thickness from fire ratings.
Ms. Thompson recommended reducing the number of sconces on the front porch of the resource
from two to one.
Commissioners requested simplification of landscaping in front of the resource, particularly
removing the bushes, and restudying the proposed wood chips under trees in the right-of-way.
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REGUALR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 10TH, 2025
Ms. Thompson also requested that the fence not be attached directly to the resource.
Motion:
Ms. Thompson moved to approve the next resolution in the series as discussed and presented on
the screen. Ms. Raymond seconded. Roll call vote: Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford,
yes; Mr. Clauss, yes; Ms. Raymond, yes; Ms. Thompson, yes. 6-0, motion passes.
ADJOURN
Ms. Thompson moved to adjourn the meeting. Ms. Pitchford seconded. All in favor, motion passes.
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STAFF REPORT
TO: Aspen’s Historic Preservation Commission
FROM: Gillian White, Historic Preservation Officer, Principal Planner
THROUGH: Dan Folke, Planning Director
MEETING DATE: January 28, 2026
SUBJECT: Resolution #02, Series of 2026
411 East Main Street - Request for a Certificate of Appropriateness
for Minor Development and Commercial Design Review.
______________________________________________________________________
INTENDED OUTCOME:
The request of the Historic Preservation Commission (HPC) is to consider the following
land use code review processes:
• Certificate of Appropriateness for Minor Development (Section 26.415.070(c))
• Commercial Design Review (Section 26.412.060)
The HPC is the final review authority for the Certificate of Appropriateness for Minor
Development.
The intended outcome for this request is to maintain the integrity of the historic
resource, the historic preservation program, and align with Aspen’s Historic
Preservation Design Guidelines and applicable code sections to the extent possible.
EXECUTIVE SUMMARY:
The purpose of this report is to provide the HPC with details on the request for a
Certificate of Appropriateness for Major Development Conceptual Review and
associated requests so the HPC can make an informed decision. Per Land Use Code
(LUC) Section 26.415.070(d) the HPC may approve, disapprove, or approve the
application with conditions. The HPC may also continue the application to obtain
additional information necessary to make a decision to approve or deny.
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Overview of Project:
The applicant proposes to relocate the main entrance into the space to the chamfered
corner that faces the intersection of Main Street and Mill Street. Given the various code
sections involved, this request was not able to be approved administratively as the
applicant is not able to put the door back exactly as it had existed historically. The
applicant has worked with various staff to provide an opportunity to not only move the
entrance back to its original location but also provide ADA access through the main
entrance; ADA access is currently through the patio on the east side of the building.
Staff Recommendation:
Planning staff are supportive of the re-establishment of the main entrance at the
chamfered corner. The resource previously had a door in this location and putting a
door back in this location is consistent with Aspen’s Historic Preservation Design
Guidelines. Both Engineering and Building staff are in support of the door being re-
established at the chamfered corner, with the condition that the interior floor be
reconfigured to allow for an accessible entrance that also maintains the historic
Fig. 1. Aerial image showing the subject property outlined in yellow.
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character of the resource.
DISCUSSION:
Background
411 E. Main St. is an individually designated historic landmark that encompasses multiple
businesses and is located within the Commercial Core Historic District. The requested scope
of work involves the historic resource located on Lot A of Block 87, which was constructed
ca. 1890 and was most recently used as the Mi Chola restaurant space.
Staff Comments:
Overall, staff is supportive of the proposal as the applicant’s representation aligns with
the intent of Aspen’s Historic Preservation program and maintains the historic character
of the resource.
Certificate of Appropriateness for Minor Development - Section 26.415.070(c)
The proposal to relocate the main entry to the chamfered corner speaks to applicable
Historic Preservation Design Guidelines. Within the guidelines, one of the main
characteristics of the Victorian Era commercial buildings is a corner entry, therefore re-
establishing the former chamfered corner entry helps to restore the building back to its
historic appearance. As is typically required, the applicant has provided historic
photographs which show the historic configuration of the chamfered corner entry. By
basing their design off of these photos, the applicant is meeting Guideline 4.4 which
speaks to replacement doors replicating the original if evidence exists. The applicant is
also proposing to include the previously existing transom.
Figure 2: 1904 Sanborn Map with resource associated with request outlined in blue for visibility.
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The applicant has recently submitted, and been approved for, the replacement of the
street facing windows on Main and Mill, as well as replacement of a door on Mill St.
These items were all eligible for administrative review via a Certificate of No Negative
Effect as the applicant is replacing the elements to better align with what existed
historically. Within this application, the chamfered entry was included in the scope,
however, conflicting code requirements do not allow for the door to be placed back
exactly as it existed historically. Because of this, the chamfered corner entry element
was removed from the CNNE and requires the Certificate of Appropriateness for Minor
Development application that you have before you.
Given code requirements and accessibility standards, the new entry will not have an
exterior step as it had historically, however, this reconfiguration allows for the main
entrance to meet ADA requirements. Staff are supportive of this change to the original
entry, as the only existing ADA access is through the side patio and staff see this as an
opportunity to provide accessibility at the main entrance. This aligns with Guideline 12.1
which speaks to addressing accessibility requirements while preserving character
defining features of historic buildings and districts.
Staff find that the proposed scope meets applicable Historic Preservation Design
Guidelines. Further analysis of the project as it relates to the Historic Preservation
Design Guidelines can be found in Attachment B.
Commercial Design Review - Section 26.412.060
As the subject property is located within the Commercial Core Historic District, it is
subject to Commercial Design Review. Staff find that the proposal meets applicable
Commercial, Lodging, and Historic District Design Standards and Guidelines including
Figure 3: Existing condition (left), image from 1935 (middle), proposed design (right).
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Guideline 2.2 which speaks to utilizing chamfered corners for main entrances and
Standard 2.9 which requires recessed entrances.
Staff find that the proposed scope meets applicable Commercial, Lodging, and Historic
District Design Standards and Guidelines. Further analysis of the project as it relates to
commercial design can be found in Attachment C.
RECOMMENDATION:
Staff recommend approval of the Certificate of Appropriateness for Minor Development
regarding the re-establishment of the chamfered corner entry with alterations to meet
ADA requirements.
ATTACHMENTS:
HPC Resolution #02, Series of 2026
Attachment A – Application
Attachment B – Historic Preservation Design Guidelines Analysis
Attachment C – Commercial Design Review Criteria
Attachment D – Referral Comments
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HPC Resolution #2, Series of 2026
Page 1 of 3
RESOLUTION #02,
(SERIES OF 2026)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING A CERTIFICATE OF APPROPRIATENESS FOR MINOR
DEVELOPMENT AND COMMERCIAL DESIGN REVIEW FOR THE PROPERTY
LOCATED AT 411 EAST MAIN STREET, LEGALLY DESCRIBED AS LOTS A THRU
D OF BLOCK 87, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL ID: 2737-073-30-002
WHEREAS, the applicant, Cantina Building LLC, represented by Garrett Larimer, Kraemer Land
Planning, has requested HPC approval for Certificate of Appropriateness for Minor Development,
for the property located at 411 East Main Street, Lots A thru D of Block 87, City and Townsite of
Aspen, Pitkin County, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall
be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated
historic property or district until plans or sufficient information have been submitted to the
Community Development Director and approved in accordance with the procedures established
for their review;” and
WHEREAS, for approval of a Certificate of Appropriateness for Minor Development, the HPC
must review the application, a staff analysis report, and the evidence presented at a hearing to
determine the project’s conformance with the City of Aspen Historic Preservation Design
Guidelines per Section 26.415.070(c) of the Municipal Code and other applicable Code Sections.
The HPC may approve, disapprove, approve with conditions, or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, for approval of Commercial Design Review, the HPC must find the application
meets the requirements of Aspen Municipal Code Section 26.412; and
WHEREAS, Community Development Department staff reviewed the application for compliance
with the applicable review standards and recommended approval of a Certificate of
Appropriateness for Minor Development and Commercial Design Review; and
WHEREAS, the HPC reviewed the project on January 28, 2026, and considered the application,
the staff report, and public comments, and found the proposal consistent with the review standards
and granted approval of HPC Resolution #02, Series of 2026 by a vote of X to X (X-X).
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Certificate of Appropriateness for Minor Development, Commercial Design
Review:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Historic Preservation Commission hereby grants a Certificate of Appropriateness for Minor
Development and Commercial Design Review for the property located at 411 East Main Street,
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HPC Resolution #2, Series of 2026
Page 2 of 3
legally described as Lots A thru D of Block 87, City and Townsite of Aspen, Colorado, without
conditions.
Section 2: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department, the Historic Preservation Commission, or the
Aspen City Council are hereby incorporated in such plan development approvals and the same
shall be complied with as if fully set forth herein, unless amended by other specific conditions or
an authorized authority.
Section 3: Existing Litigation
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan vested
for a period of three (3) years from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the forfeiture of said vested
property rights and shall render the development order void within the meaning of Section
26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan
shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published
in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a
notice advising the general public of the approval of a site specific development plan and creation
of a vested property right pursuant to this Title. Such notice shall be substantially in the following
form:
Notice is hereby given to the general public of the approval of a site-specific development plan,
and the creation of a vested property right, valid for a period of three (3) years, pursuant to the
Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining
to the following described property: 411 East Main Street.
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HPC Resolution #2, Series of 2026
Page 3 of 3
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the date
of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution
and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 28th day of January
2026.
Approved as to Form: Approved as to Content:
__________________________________ ____________________________________
Luisa Berne Kara Thompson
Assistant City Attorney HPC Chair
ATTEST:
_________________________________
Mike Sear
Deputy City Clerk
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Page | 1. Kraemer Land Planning 227 Midland Ave Suite C1
PID #: 2737-182-20-003 Basalt, Colorado 81621
411 E Main St – Cantina Building, LLC:
Historic Preservation Minor Development Review
411 E. Main St.
January 26, 2026
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Page | 2. Kraemer Land Planning 227 Midland Ave Suite C1
PID #: 2737-182-20-003 Basalt, Colorado 81621
January 26rd, 2026
Gillian White
Historic Preservation Officer
City of Aspen Community Development
427 Rio Grande Place
Aspen, CO 81611
Dear Gillian,
Cantina Building, LLC (hereafter “Applicant”) is the owner of real property located at 411-415 E.
Main St. Kraemer Land Planning, LLC and Thunderbowl Architects are authorized to represent the
property owner in this land use matter requesting Historic Preservation Minor Development approval
for elements of a renovation at 411 E. Main Street that exceed the Certificate of No Negative Effect
threshold. The structure is historically designated and is located within the Commercial Core Historic
District.
The following land use application details the request and is broken up into Sections:
I. Exhibits
II. Background and Existing Conditions
III. Land Use and Permit History
IV. Proposal
V. Land Use Compliance and Review Standards
VI. Summary
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Page | 3. Kraemer Land Planning 227 Midland Ave Suite C1
PID #: 2737-182-20-003 Basalt, Colorado 81621
Section I:
Exhibits:
The following exhibits are provided for a complete application and relate to Section II through Section
V. All Exhibits are referenced throughout the body of this application:
A. Improvement Survey, Rocky Mountain Surveying – 02.10.25
B. Previous Land Use History
1. Commercial Core Historic District Designation – 1975
2. Ordinance No. 5, Series of 1987 – Chitwood Building Historic Designation
3. Epicure Plaza Residences Deed Restriction
4. HPC Resolution NO. 17A, Series of 2022 – Minor Development Review – Jing
C. Proposed Plans
1. Proposed Chamfered Corner Entry Drawings – Thunderbowl Architects
D. Administrative Documents
1. Land Use Application
2. HOA Compliance Form
3. Letter of Authorization
4. Proof of Ownership – Title Commitment – 07.21.25
5. Pre-application Conference Summary – PRE-25-074
6. Vicinity Map
Figure 1: Corner of Mill and Main Street – Looking southeast,
Chitwood Building, Circa 1953. Source: Aspen Historical Society
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Page | 4. Kraemer Land Planning 227 Midland Ave Suite C1
PID #: 2737-182-20-003 Basalt, Colorado 81621
Section II
Background and Existing Conditions:
The subject site is located on the corner of E. Main
St. and S. Mill St. The building is currently referred
to as the Holtz Plaza Building. According to the
survey, the Lot is 12,029 sq. ft. (0.276 acres) and is
located in the Commercial Core (CC) Zone
District. The site was historically designated by
City Council via Ordinance No. 5, Series of 1987
and is located within the Commercial Core
Historic District. The property is comprised of
Townsite Lots A-D, Block 87. The site includes
units 415 E. Main St. (Acquolina), 413 E. Main St.
(Jing), 411 E. Main St. (most recently occupied by
Mi Chola). There are commercial office spaces and
residential units on the second and third floors.
435 E. Main Street borders the property to the east
and contains Express Cleaners, Locals Liquor
Store and the Locals Corner Gas Station. The
Block 87 alley borders the property to the south,
Main Street Right-of-way (ROW) borders the
property to the north, and S. Mill Street ROW
borders the property to the west.
Figure 3: Main Street Looking West, Circa 1910. Source: Aspen Historical Society
Hotel Lincoln
Chitwood Building
Figure 2: 1904 Sanborn Map. Source: Aspen Historical Society
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Page | 5. Kraemer Land Planning 227 Midland Ave Suite C1
PID #: 2737-182-20-003 Basalt, Colorado 81621
The building was originally referred to as the Lincoln Block and addressed at 100 S. Mill Street. The
structure was built between 1891-92 for $8,000 and was used as a YMCA with reading and game
rooms. The 1904 Sanborn Map (Figure 2) shows the original building in Lot A and the north portion
of Lot B, with the Hotel Lincoln occupying Lot C and southern portion of Lot B but noted the hotel
was “not in good condition”. The Hotel Lincoln and structure occupying Lot B along Main Street
appear to have been demolished sometime between 1920 and 1935.
Joseph and Mary Chitwood purchased the building in 1925 and it became known as the Chitwood
Block. Upper level rooms were rented as residential units and a mechanic shop, Brands Garage, was
located on the main level. Other uses of the building along S. Mill St. included a mining office, a bank
and a boot store. In 1945 Walter Paepcke bought the building for back taxes. After Paepcke purchased
Figure 5: View of Main Street Looking East, Chitwood Building
Outlined in White, Circa 1920. Source: Aspen Historical Society
Figure 4: Aerial Image Above intersection of Main St. and Galena St. Circa, 1888-1890.
Source: Denver Public Library Digital Collection
Hotel Jerome
Chitwood Building
Hotel Lincoln
Armory
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Page | 6. Kraemer Land Planning 227 Midland Ave Suite C1
PID #: 2737-182-20-003 Basalt, Colorado 81621
the building, Epicure restaurant and bakery was located in the main level space on the corner, and
later that space housed the Cantina Restaurant.
After the Hotel Lincoln was demolished, Lots B and C remained vacant for decades while a single
level structure remained on Lot D.
Documentation of development activity prior to 1979 is limited, but historical photographs help
inform historical use and development patterns for the subject site. Post 1979 land use history is
discussed in more detail below.
Figure 6: View of North West Corner of building looking East Down Main
Street; Circa 1946. Source: Aspen Historical Society
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Page | 7. Kraemer Land Planning 227 Midland Ave Suite C1
PID #: 2737-182-20-003 Basalt, Colorado 81621
Property Zoning: Commercial Core (CC), Historically Designated Site within a Historic
District
Table 1: Zoning Requirements Summary
Minimum Gross Lot Area: No Requirement
Lot Size (per survey): 12,029 sq. ft.
Cumulative Maximum Allowable Floor Area 27,065.25 sq. ft.
Maximum Allowable Commercial Floor Area: 27,065.25 sq. ft.
Maximum Affordable Multi-Family Residential Floor Area 12,029 sq. ft.
Maximum Free-Market Multi-Family Residential Floor Area Limited to Existing
Commercial/Residential Ratio Maximum <65%
Front Yard Setback: No Requirement
Minimum Side Yard Setback: No Requirement
Rear Yard Setback: No Requirement
Height limit: 28’
Table 2: Proposed Area Calculations
Commercial Floor Area 18,018 sq. ft.
Residential AH Floor Area: 2,033 sq. ft.
Commercial Non-Unit Space 887 sq. ft.
Residential Non-Unit Space 100 sq. ft.
Total Non-Unit Space 987 sq. ft.
Total Commercial Floor Area: 18,905 sq. ft.
Total AH Floor Area: 2,133 sq. ft.
Cumulative Floor Area: 21,038 sq. ft.
Net Leasable: 18,161 sq. ft.
Net Livable 1,899 sq. ft.
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Page | 8. Kraemer Land Planning 227 Midland Ave Suite C1
PID #: 2737-182-20-003 Basalt, Colorado 81621
Section III
Previous Land Use History:
According the City Land Use Records, County Assessor’s data and historical documentation, various
structures and uses have existed on each lot dating back to at least 1880. Around 1987, all four townsite
lots (Lots A-D, Block 87) were conveyed to a single ownership interest and consolidated into a single
lot.
Growth Management Plan, Epicure Plaza, 1979
In 1979 approval was granted to develop the Epicure Plaza building on the vacant Lots B and C. This
approval enabled 10,041 sq. ft. of commercial floor area within the basement, first and second levels.
Three deed restricted residential units up to 1,959 sq. ft. of residential floor area were approved on
the third floor. In total of 12,000 sq. ft. of floor area was approved.
Growth Management Plan, Whale of a Wash Building, 1983
In 1983 Lot D contained the “Whale of a Wash” laundromat. Approval was granted to redevelop the
site to include a main level commercial space (2,400 sq. ft.), a 900 sq. ft. second level commercial
office, a 900 sq. ft. commercial/residential unit on the second level, and a 900 sq. ft. residential unit
on the third floor. The residential unit on the third floor was never developed, and the 900 sq. ft.
commercial/residential space on the second level was developed as a commercial use.
A number of other approvals were granted such as Special Review for parking and utility requirements,
Condominiumization, Special Review for additional floor area and use of the patio for outdoor dining,
Figure 8: North Elevation from the 1983 Whale of a Wash GMP Application
Figure 7: North Elevation from the 1979 Epicure Plaza GMP Application
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Board of Adjustment Variances, etc. which enabled the development approved between 1979 and
1985 for what is largely today’s existing conditions. This includes all fenestration on the east side of
the Chitwood Building providing access to the outdoor patio and ability to use that as an outdoor
dining space. The 1985 Special Use approval enabled the window configuration that exists today.
Individual Historic Designation, 1987
At the time Lots B-D were redeveloped, they were located in the Commercial Core Historic District,
but had not been individually designated. In 1987 Lots A-D were conveyed to a single ownership
interest and that same year, City Council Historically Designated the site and structures contained on
Lots A-D as a local historic landmark.
Trellis Approval, 1992
When the patio was originally
approved it satisfied the “Open
Space” requirement for commercial
development at that time. The code
has since been amended to require
“Pedestrian Amenity” space which
serves a similar purpose. The patio
was originally open to the sky and
included four trees. The trees
became infested with pests and the
former owners received approval
to remove the trees. They also
requested to cover the outdoor
patio with the trellis structure that
still exists today. Similar to current
Pedestrian Amenity requirements,
Open Space was generally required
to be open to the sky, but could be
covered by structure that was “50%
open to the sky”. Figures 11-12
show the design that was approved.
Figure 9: 1992 Trellis Approval North Elevation
Figure 10: 1992 Trellis Approval Plan View
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Certificate of No Negative Effect, 2014
Administrative approval was granted to alter planter boxes, replace/update windows, install awnings
and restore decorative wood panels. Interior space configuration changes were also approved. Below
is a depiction of the exterior changes approved.
Minor Development Approval, HPC Resolution No. 17A, Series 2022
The HPC approved a covered porch over the outdoor dining area at 413 E. Main St. (Jing) that
covered Pedestrian Amenity space. The windows facing main street were also approved to be
changed to doors around this time. City Council also approved the use of temporary panels to
seasonally enclose the outdoor dining area.
Certificate of No Negative Effect, 2025
Administrative approval was granted to reconfigure and renovate the interior of the building, replace
windows and doors along Mill Street and Main Street with historically compatible fenestration, replace
non-historic doors accessing the patio, remove an upper layer of wood on the pergola, and add roof
top mechanical equipment.
* The property history described herein was largely compiled from City land use and permit records.
Recorded Ordinance, Resolutions, or Administrative approvals were not always found. In an effort to
provide a concise application, comprehensive land use history documents were not included as
exhibits.
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Section IV
Proposal:
A pre-application summary was provided on June 5, 2025 indicating a Certificate of No Negative
Effect (CNNE) and administrative land use review for a renovation of the main and lower level of
411 E. Main St. An application was submitted and reviewed by Historic Preservation Staff and City
Referral agencies including Building, Zoning and Engineering. The majority of the scope received a
Notice of Approval and Certificate of No Negative Effect approval, with exception of the proposed
restoration of a chamfered corner entry at the northwest corner of the building. The specific portion
of the scope that requires HPC review includes the chamfered corner entry doors, transom window
and design elements required for building code compliance.
One of the primary aspects of the original project was to return a chamfered corner entrance where
one existed historically. The chamfered corner currently contains a non-historic window, wood
panels and planter. The original design included a single stair, to restore the historic
configuration of the chamfered corner entry. However, during the Building Department’s referral
review, they required an ADA compliant entry in this location.
This application requests approval of an ADA compliant restored chamfered corner entry. The
proposed design lowers the existing threshold to sidewalk level and includes interior ramping and/or
stairs. The proposed door is approximately 10’ 3” tall and maintains the historic materials and bifold
wood door with glass panel design. The proposed transom window is consistent with the historic size
and is compatible with the existing transom window sizes along the Mill St. and Main St. facades.
An actuator is being proposed in response to building code door opening size requirements. The
Building Code requires a 30” wide door opening. The total chamfered corner opening is 5’ 3.75” and
accounting for the jamb and door swing, a single door only provides for a ~29” opening. In order to
meet the 30” minimum clearance it would require asymmetrical doors that are not historically
compatible and, in the Applicant’s opinion, a less desirable design. The actuator will open both doors
simultaneously which will enable a minimum 30” opening, satisfying Building Code requirements and
enabling an historically compatible door design. The proposed actuator can be viewed in Exhibit C.1
is the smallest size that complies with ADA requirements and will be anchored in the mortar between
bricks.
25
Page | 12. Kraemer Land Planning 227 Midland Ave Suite C1
PID #: 2737-182-20-003 Basalt, Colorado 81621
Figure 11: Northwest Corner of Chitwood Block
Building; Circa 1935. Source: Aspen Historical Society
Historic Chamfered Entry:
The Chitwood Building historically contained a chamfered corner entrance at the corner of Mill St.
and Main St. Restoring a door in this location is beneficial and necessary for this prominent resource
and encouraged by the Historic Design Guidelines. Historic images from the early 1900’s up through
the 1970s show this condition in Figures 11 – 13.
Figure 12: Epicure Restaurant Chamfered Corner;
Circa 1965. Source: Aspen Historical Society
Figure 13: Epicure Restaurant Chamfered Corner;
Circa 1965. Source: Aspen Historical Society
26
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Proposed Entry
The application proposes to restore a chamfered corner entry at the corner of Mill St. and Main St.
The proposed design includes a wood bifold door with glass panels and a transom window above.
The threshold is proposed to be dropped to sidewalk level and an actuator is proposed to satisfy
building code requirements and adopted policies, while improving historic compatibility to the greatest
extent practical.
Commercial and Historic District Design Guidelines:
The subject site is an individually designated historic building located in the Commercial Core Historic
District. The proposed materials are limited to a historically compatible doors, window, wood trim
and code required metal actuator. These materials are identified on the exterior elevations provided in
Exhibit C.1. There materials are all durable, high quality and found throughout the Commercial Core
and are compatible with the Historic Architectural character of the designated resource.
Figure 14 & 15: Proposed Chamfered Corner Entry
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Section V
Land Use Code Review Standards:
Land Use Code Section 26.304 – Common Development Review Procedures
Applicant Response: The Applicant understands the requirements of this section. A pre-application
summary was provided on June 5, 2025.
Land Use Code Section 26.412.060 – Commercial Design Review
An application for commercial design review may be approved, approved with conditions or denied based on conformance
with the following criteria:
a) Guidelines and Standards.
1) The Commercial, Lodging and Historic District Design Standards and Guidelines are met as
determined by the appropriate Commission. The Standards and Guidelines include design review
criteria that are to be used to determine whether the application is appropriate.
2) All applicable standards in the Commercial, Lodging and Historic District Design Standards and
Guidelines shall be met unless granted a Variation pursuant to Section 26.412.040(d), Variations.
3) Not every guideline will apply to each project, and some balancing of the guidelines must occur on a
case-by-case basis. The applicable Commission must:
a) Determine that a sufficient number of the relevant guidelines are adequately met in order to
approve a project proposal;
b) Weigh the applicable guidelines with the practicality of the measure.
Applicant Response: The application includes responses to the relevant Commercial, Lodging and
Historic District Design Standards and Guidelines. The proposed remodel complies with the relevant
guidelines, described in more detail below.
b) Pedestrian Amenity. The proposed development meets the requirements of Section 26.412.070, Pedestrian
Amenity.
Applicant Response: The application proposes minimal demolition, only a few inches where the
existing threshold will be removed to satisfy building code requirements. The project maintains 100%
of the existing pedestrian amenity area. This section is not applicable.
Land Use Code Section 26.415.070 - Development Involving Designated Historic Property or
Property Within a Historic District
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:
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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;
d) Alterations that are made to nonhistoric 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).
Applicant Response: Restoring a chamfered corner entrance is consistent with the historic design of
the building. Historic images from the early 1900’s up through the 1970s show this condition. The
restoration of a chamfered corner entrance does not impact floor area or net leasable calculations.
Fewer than three elements are impacted by the restoration. No awnings are proposed. The proposal
is historically compatible and improves accessibility and building code compliance.
Land Use Code Section 26.575.020 – Calculations and Measurements
Applicant Response: The proposed remodel complies with all dimensional and use requirements in
the Land Use Code. Conformance will be confirmed during the building permit review.
Land Use Code Section 26.710.140 – Commercial Core (CC) Zone District
Applicant Response: The proposed remodel and addition comply with all CC zone district
dimensional and use requirements. Full compliance will be confirmed at building permit.
Commercial, Lodging and Historic District Design Standards and Guidelines
All standards below are underlined; all guidelines are not.
Chapter 1: General
Site Planning and Streetscape:
1.1 All projects shall provide a context study.
1.2 All projects shall respond to the traditional street grid.
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1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street
scene, and enhance the architecture of the building. If an alley exists at the site, the new driveway must be located off it.
1.4 Where there is open space on a site, reinforce the traditional transition from public space, to semi-public space to
private space.
1.5 Maintain alignment of building facades where appropriate.
1.6 When a building facade is set back, define the property line. Review the context of the block when selecting an
appropriate technique. Examples include:
Applicant Response: The application includes historical images documenting historical context and
conditions. The exterior scope of work is limited to restoring a chamfered corner entrance at the
corner of Mill St. and Main St. to its original configuration with improved building code compliance.
No changes are proposed to exterior walls of the site.
Parking
1.9 Minimize the visual impacts of parking.
Applicant Response: No on-site parking is proposed and the proposed renovation does not generate
additional parking requirements.
Building Mass, Height, and Scale
1.10 A new building should appear similar in scale and proportion with buildings on the block.
1.11 A minimum building height difference of 2 feet from immediately adjacent buildings is required.
1.12 On lots larger than 6,000 square feet, break up building mass into smaller modules.
1.13 Development adjacent to a historic landmark should respond to the historic resource.
Applicant Response: No changes are proposed to the buildings’ mass, height or scale.
Street Level Design
1.14 Commercial entrances shall be at the sidewalk level and oriented to the street.
Applicant Response: A chamfered corner entrance is proposed to be added to return the building
to the historic design. This fully accessible chamfered corner entrance will serve as the primary
entrance to a street level commercial space.
1.15 Incorporate an internal air lock or air curtain into the first floor commercial space.
Applicant Response: An air curtain is included at the chamfered corner entrance.
1.16 Entries that are significantly taller or shorter than those seen historically or that conflict with established scale are
highly discouraged.
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Applicant Response: The proposed entry is compatible with historic configuration. The transom
window is historically compatible. The proposed entry door is a few inches taller than the original
door; however, it improves building code compliance with minimal deviation from the historic design.
1.17 ATMs and vending machines visible from the street are prohibited.
Applicant Response: ATM and vending machines are not proposed.
Materials and Details
1.22 Complete and accurate identification of materials is required.
1.23 Building Materials shall have these features:
• Convey the quality and range of materials found in the current block context or seen historically in the Character
Area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-reflective. Shiny or glossy materials are not appropriate as a primary material.
• Have proven durability and weathering characteristics within Aspen’s climate.
• A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials.
1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by
HPC if the following criteria are met:
• Innovative building design.
• Creative material application that positively contributes to the streetscape.
• Environmentally sustainable building practice.
• Proven durability.
Applicant Response: The proposed elevations in Exhibit C.1 include identification of all exterior
materials. Exterior materials are limited to the proposed door, wood trim and metal actuator.
1.25 Architecture that reflects corporate branding of the tenant is not permitted.
Applicant Response: No corporate branding is proposed.
Lighting, Service and Mechanical Areas
1.26 The design of light fixtures should be appropriate to the form, materials, scale and style of the building.
Applicant Response: No exterior lighting changes are proposed.
1.27 Trash and recycle service areas shall be co-located along an alleyway where one exists, and screened from view with
a fence or door.
1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of enhancing pedestrian
and commercial uses along alleys.
Applicant Response: The site will continue to utilize the existing trash, recycling, and compost area
along the alley.
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1.29 Delivery areas shall be located along an alleyway where one exists.
Applicant Response: The delivery area will continue to exist in the alley.
Remodels
1.33 All remodel projects shall meet Standards 1.22 and 1.23.
Applicant Response: Responses above to Standards 1.22 and 1.23 demonstrate compliance with
these Commercial Design Standards.
1.34 Consider updating windows, doors, and/ or primary entrances to better relate to the Character Area and pedestrian
experience.
Applicant Response: A chamfered corner entry is proposed at the corner of Mill St. and Main St. to
restore the historic configuration and in compliance with desired outcomes in the Historic Design
Guidelines.
1.36 Incorporate elements that define the property line in accordance with Guideline 1.6.
Applicant Response: The existing structure frames the property lines and no changes to exterior
walls or additions are proposed.
1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged.
Applicant Response: The design intends to improve ADA compliance while ensuring the proposal
relates to the historic design and configuration to the greatest extent practical.
Commercial Core Character Area
Building Placement
2.1 Maintain the alignment of facades at the property line.
Applicant Response: No additions or changes to exterior wall locations are proposed.
2.2 Consider a 45-degree chamfer for corner lots where appropriate.
Applicant Response: A chamfered corner existed from the earliest historic photographs of the
structure up until somewhat recently when a window and planter were installed at the corner. The
application proposes to restore the chamfered corner entrance in compliance with these guidelines
and to improve ADA compliance.
Architecture
2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in
architectural language within the Historic District. Consider the following design elements: form, materials, and
fenestration. Pick two areas to relate strongly to the context.
Applicant Response: The proposed door maintains a pedestrian scale and a design guideline
compliant height. The door is designed to be a relate to the earliest historic images of this entrance. A
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single transom window is proposed above the door. The transom window and 3/4-lite door will
ensure transparency.
First Floor
2.9 Recessed entries are required.
Applicant Response: A primary entrance is proposed at the chamfered corner. Along the Mill St.
façade, a variety of recessed and non-recessed entries exist. Historic images demonstrate that the
chamfered corner entry door was flush with the front façade in this location. The proposed design
intends to return the rhythm of front entries along this façade. Along the Main St. façade, the Jing and
Aquilina doors are recessed from the front façade and property line, but those primary entrance doors
will remain.
2.10 Secondary recessed entrances are required for buildings on lots larger than 6,000 square feet, and on the secondary
street for corner lots.
Applicant Response: Numerous recessed entrances exist on the west and north façade of the
building. Secondary entrances exist off the patio and alley.
2.13 Street level commercial storefronts should be predominately transparent glass.
Applicant Response: All street level primary windows include a single undivided glass window with
transparent glass. The proposed chamfered entry door is a historically compatible 3/4 lite door,
maintaining a since of transparency to the commercial unit.
Details and Materials
2.14 Architectural details should reinforce historic context and meet at least two of the following qualities.
• Color or finish traditionally found downtown.
• Texture to create visual interest, especially for larger buildings.
• Traditional material: Brick, stone, metal and wood.
• Traditional application: for example, a running bond for masonry.
Applicant Response: The façade materials and architectural elements will remain. There are no
architectural elements that are clearly deteriorated and need significant restoration but as part of the
preparation for painting, and as needed, surfaces will be re-paired and restored to match the historic
Architectural design.
Historic Preservation Design Guidelines:
Chapter 1: Site Planning and Landscape Design
Applicant Response: No changes are proposed to the site plan. No exterior lighting changes are
proposed. No fences or retaining walls exist or are proposed.
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Chapter 2: Building Materials
2.1 Preserve original building materials.
Applicant Response: Lowering the threshold requires
removal of a small amount of concrete and stone. The
remaining material to be removed includes non-historic
windows and wood trim. The proposed door design and
finishes are historically compatible.
Replacement of Materials
2.3 Match the original material in composition, scale and finish
when replacing materials on primary surfaces.
2.4 Do not use synthetic materials as replacements for original
building materials.
Covering Materials
2.5 Covering original building materials with new materials is inappropriate.
2.6 Remove layers that cover the original material.
Applicant Response: The proposed door and transom window will use historically compatible
materials including wood, metal and glass.
Chapter 3: Windows
Treatment of Windows
3.1 Preserve the functional and decorative features of a historic window.
3.2 Preserve the position, number, and arrangement of historic windows in a building wall.
Applicant Response: The existing window is not original. Reviewing historical images, it appears the
chamfered entry was replaced with a fixed window as shown in Figure 20 sometime in the 1980s.
Replacement of Windows that are Beyond Repair, or Have Been Removed
3.3 Match a replacement window to the original in its design.
3.4 When replacing an original window, use materials that are the same as the original.
3.5 Preserve the size and proportion of a historic window opening.
3.6 Match, as closely as possible, the profile of the sash and its components to that of the original window.
3.7 Adding new openings on a historic structure is generally not allowed.
Applicant Response: The proposed door and transom window relate to the historic design to the
greatest extent practical while improving ADA accessibility. No new openings are proposed and no
Figure 20: Northwest Corner of Chitwood
Building Showing Existing Condition
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PID #: 2737-182-20-003 Basalt, Colorado 81621
openings filled in. The chamfered corner entrance returns the building to the historical design. The
proposed design can be viewed in Exhibit C.1.
Chapter 4: Doors
Treatment of Existing Doors
4.1 Preserve historically significant doors.
4.2 Maintain the original size of a door and its opening.
4.3 When a historic door or screen door is damaged, repair it and maintain its general historic appearance.
Replacement Doors
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.
Adding Doors
4.5 Adding new doors on a historic building is generally not allowed.
Applicant Response: The original chamfered corner entrance was removed and a window and
planter installed that location. The restored chamfered corner entrance will utilize historically
compatible door materials and transom window above. The proposed door height maintains a
pedestrian and includes historic design guideline appropriate scale. The slight increase in door size
improves accessibility. The transom windows above will maintain with the historic size and
proportions. No new doors are proposed where doors have not existed previously.
Chapter 5: Porches and Balconies
Steps, Handrails, and Guardrails
5.5 If new steps are to be added, construct them out of the same primary materials used on the original, and design them
to be in scale with the porch or balcony
• Steps should be located in the original location.
• Step width should relate to the scale of entry doors, spacing between posts, depth of deck, etc.
• Brick, red sandstone, grey concrete, or wood are appropriate materials for steps.
Applicant Response: No steps are included in this proposed design.
Chapter 6: Architectural Details
Treatment of Architectural Features
6.1 Preserve significant architectural features.
6.2 When disassembly of a historic element is necessary for its restoration, use methods that minimize damage to the
original material.
6.3 Remove only the portion of the detail that is deteriorated and must be replaced.
6.4 Repair or replacement of missing or deteriorated features are required to be based on original designs.
6.5 Do not guess at “historic” designs for replacement parts.
Applicant Response: Initial evaluation of the historic resource has not indicated significant
architectural features will need to be removed or undergo serious repair. Minor repair and maintenance
is expected, but we do not anticipate the need to remove significant features.
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Chapter 12: Accessibility, Architectural Lighting, Mechanical Equipment, Service Areas & Signage:
Accessibility
12.1 Address accessibility compliance requirements while preserving character defining features of historic buildings and
districts.
Applicant Response: The proposal improves accessibility without materially impacting perception
of the chamferred corner entry scale. The primary character defining features of the chamfered corner
will remain intact.
Lighting
12.2 Original light fixtures must be maintained. When there is evidence as to the appearance of original fixtures that
are no longer present, a replication is appropriate.
Applicant Response: No lighting changes are proposed.
Awnings
12.5 Awnings must be functional.
Applicant Response: No new awnings are proposed on site.
Section VI:
Summary:
Thank you for considering this Historic Preservation Minor Development Application to restore a
chamfered corner entrance at 411 E. Main St. The application meets all applicable Land Use and
Building Code requirements. The Applicant has provided all the information set forth on the pre-
application summary and requests of City of Aspen Community Development Staff. If additional
information is needed, or a site visit would help facilitate Staff or the Commission’s review, the
Applicant is more than willing to assist in providing all necessary information for a complete review.
Thank you,
Garrett Larimer
Kraemer Land Planning, LLC
36
Exhibit A37
Exhibit B.1
38
39
Exhibit B.2
40
41
42
Exhibit B.3
43
Exhibit B.4
44
45
46
TSFFE +100'-0"
FFE +99'-1-3/4"DN1:12
3'-0"3'-0"DN3'-0"10'-3"HANDRAIL
HANDRAIL
HANDRAIL
FFE 99-1-3/4"
EXISTING GRADE
0 2 4 8
Scale: 3/16"=1'-0"
PROJECT
SCALE
#############
24021.00
A-200
PROPOSED
EXTERIOR
ELEVATIONS
COPYRIGHT 2025 THUNDERBOWL ARCHITECTS411 E MAIN ST, ASPEN, COLORADO 81611PARCEL ID #273707330002HOLTZ BUILDINGCTHUNDERBOWLARCHITECTSTHUNDERBOWL ARCHITECTS
300 S. SPRING ST. SUITE 201
ASPEN, CO 81611
(970) 710-2938
DATE
12.23.2025 PERMIT
ENTRY OPTION 5
PLAN
3/16" = 1'-0"
1
A-200
ENTRY OPTION 5
ELEVATION
1/2" = 1'-0"
2
A-200
0 1 2 4
Scale: 1/2" = 1'-0"Scale: 1/2" = 1'-0"
Exhibit C.1
47
48
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
411 E. Main Street - Holtz Building
411-415 E. Main Street, Aspen CO 81611
2737-073-30-002
Lots A-D, Block 87, City and Townsite of Aspen, County of Pitkin, State of Colorado.
Cantina Building LLC
P.O. Box 1247
Garrett Larimer, Kraemer Land Planning
garrett @kraemerlandplanning.com
P.O. Box 3275, Basalt, CO 81621
303-641-1885 garrett@kraemerlandplanning.com
970-309-2036
A mixed use historic designated structure.
Restore chamfered corner entrance at the corner of Mill St. and Main St.
49
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.
Property Owner: City of Aspen:
Ben Anderson, AICP
Community Development Director Name:
Title:
Garrett Larimer Kraemer Land Planning On behalf of: Contina Building LLC garrett@kraemerlandplanning.com
303-641-1885
Garrett Larimer, Kraemer Land Planning On behalf of: Cantina Building LLC
P.O. Box 3275Basalt, CO 81621
Associate
411 E. Main St.
1,605.00
1,300.00 4
50
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
X
51
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association Compliance
Form (this form) certifying the scope of work included in the land use application complies with all applicable
covenants and homeowner association policies. The certification must be signed by the property owner or
Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
_____________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________
I certify as follows: (pick one)
□This property is not subject to a 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 public document.
Owner signature: ______________________________________________________________________ Date:_____________________________________________________
Owner printed name: ______________________________________________________________________
or,
Attorney signature: ______________________________________________________________________ Date:_____________________________________________________
Attorney printed name: ______________________________________________________________________
Exhibit D.2
52
Page | 1. Kraemer Land Planning PO Box 3275, Basalt, Colorado 81621
July ___, 2025
Jeffrey Barnhill
Principal Planner
City of Aspen Community Development Department
427 Rio Grande Place
Aspen, Colorado 81611
Dear Jeffery:
The Cantina Building LLC is the owner of record for real property located at 411-415 E. Main
Street, City of Aspen (Parcel Identification No. 2737-073-30-002) and authorizes Kraemer
Land Planning and Thunderbowl Architects to represent Cantina Building LLC’s property
interests in this land use matter requesting Historic Preservation Certificate of No Negative
Effect approval for a renovation to the structure. They are specifically authorized to meet with
City officials, represent Cantina Building LLC’s interests in any and all meetings and execute
the City of Aspen Land Use Agreement to Pay Form.
Thank you,
______________________________
Signature
______________________________
Title
Cantina Building LLC
P.O. Box 1247
Aspen, CO 81611
28
Exhibit D.3
53
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: Q62017666-3 Date: 07/21/2025
Property Address: 411 E MAIN ST, ASPEN, CO 81611
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley
Title Team 533 EAST HOPKINS
AVENUE, SUITE 102 ASPEN, CO
81611 (970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
CANTINA BUILDING, LLC
Delivered via: No Commitment Delivery
LAND PLANNER
KRAEMER LAND PLANNING
Attention: GARRETT LARIMER
P.O. BOX 3275
BASALT, CO 81621
(303) 641-1885 (Cell)
garrett@kraemerlandplanning.com
Delivered via: Electronic Mail
Exhibit D.4
54
Estimate of Title Fees
Order Number: Q62017666-3 Date: 07/21/2025
Property Address: 411 E MAIN ST, ASPEN, CO 81611
Seller(s): CANTINA BUILDING, LLC, A COLORADO LIMITED LIABILITY COMPANY
Buyer(s): None
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
"TBD" Commitment $279.00
TBD - TBD Income $-279.00
TOTAL $0.00
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:
Pitkin county recorded 04/19/2011 under reception no. 579222
55
Copyright 2006-2025 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
411 E MAIN ST, ASPEN, CO 81611
1.Effective Date:
07/12/2025 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
CANTINA BUILDING, LLC, A COLORADO LIMITED LIABILITY COMPANY
5.The Land referred to in this Commitment is described as follows:
LOTS A, B, C AND D,
BLOCK 87,
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62017666-3
56
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62017666-3
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.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
57
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.EXISTING LEASES AND TENANCIES
9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN
RECORDED OCTOBER 21 1897 IN BOOK 59 AT PAGE 50 AND RECORDED JULY 28, 1898 IN BOOK 59 AT
PAGE 465, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF
GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD
UNDER EXISTING LAWS.
10.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY
13, 1975 IN BOOK 295 AT PAGE 515.
11.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 5 (SERIES OF 1987) RECORDED
DECEMBER 07, 1988 IN BOOK 580 AT PAGE 244.
12.ENCROACHMENT OF BUTTRESSES ONTO MILL STREET AS SET FORTH IMPROVEMENT LOCATION
CERTIFICATE PREPARED BY LINES IN SPACE DATED MAY 9, 1985 AS DISCLOSED IN DEED RECORDED
FEBRUARY 1, 1996 AT RECEPTION NO. 389601.
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION BY THE CITY OF ASPEN,
HISTORIC PRESERVATION COMMISSION, NO. 14, SERIES OF 2022 RECORDED OCTOBER 25. 2022 AS
RECEPTION NO. 691129.
14.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #17,
SERIES OF 2022 RECORDED DECEMBER 16, 2022 UNDER RECEPTION NO. 692091 AND RE-RECORDED
DECEMBER 27, 2022 UNDER RECEPTION NO. 692292.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62017666-3
58
15.EASEMENTS, NOTES, RIGHTS OF WAY AND ALL MATTERS AS SHOWN ON IMPROVEMENT SURVEY
PLAT RECORDED FEBRUARY 28, 2023 IN PLAT BOOK 135 AT PAGE 47.
16.EASEMENTS, NOTES, RIGHTS OF WAY AND ALL MATTERS AS SHOWN ON IMPROVEMENT SURVEY
PLAT RECORDED FEBRUARY 28, 2023 IN PLAT BOOK 135 AT PAGE 47.
17.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE
FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY CERTIFIED JUNE 06, 2006 PREPARED BY
ASPEN SURVEYING ENGINEERS, INC., JOB #N/A
SAID DOCUMENT STORED AS OUR ESI 30003841
18.DEED OF TRUST DATED DECEMBER 12, 2022 FROM CANTINA BUILDING, LLC, A COLORADO LIMITED
LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO
SECURE THE SUM OF $12,625,000.00 RECORDED DECEMBER 22, 2022 UNDER RECEPTION NO. 692233.
SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED DECEMBER
22, 2022, UNDER RECEPTION NO. 692234.
A) AWNINGS, PLANTERS AND UPPER FASCIA EXTEND INTO THE EAST MAIN STREET RIGHT OF WAY
B) AWNINGS, BUILDING AND UPPER FASCIA EXTEND INTO THE SOUTH MILL STREET RIGHT OF WAY
C) BUILDING, FENCE, ENTRYWAYS, COOLER, MISCELLANEOUS MECHANICAL AND TRIM FASCIA
EXTEND INTO THE ALLEY
D) AWNING EXTENDS OVER THE EASTERLY BOUNDARY INTO ADJACENT PROPERTY TO THE EAST
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62017666-3
59
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)
60
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)
61
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
62
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
63
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 Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, 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 shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
64
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 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
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PRE-APPLICATION CONFERENCE SUMMARY
PRE-25-074
DATE: June 5, 2025
PLANNER: Jeffrey Barnhill, Principal Planner, jeffrey.barnhill@aspen.gov
REPRESENTATIVE: Garrett Larimer, garrett@kraemerlandplanning.com
PROJECT LOCATION: 411 E. Main St., Currently Mi Chola Restaurant
PARCEL ID: 2737-073-30-002
REQUEST: Certificate of No Negative Effect
DESCRIPTION: The subject property is located at 411 E. Main St., legally described as Lots A
and B of Block 87, City and Townsite of Aspen, which is currently being utilized as restaurant
space for Mi Chola. The subject property is an individually designated historic resource that is
also located within the Commercial Core (CC) Historic District. The applicant proposes moving
the main entrance to the building’s chamfered corner on Main St. and Mill St., which is currently
a window, utilizing existing openings for updated doors and windows on the patio, and eliminate
portions of the trellis structure over the patio for a more open experience for customers. The
proposed project does not increase any aspect of the floor area calculations .
An application for a certificate of no negative effect may be made to the Community
Development Director for approval of work that has no adverse effect on the physical
appearance or character-defining features of a designated property. To that end, staff and the
applicant have identified that the work likely meets Criteria (b).(4).b, c, and h in Section
26.416.070 for a Certificate of No Negative Effect. Historic Preservation staff will need to
determine, as part of the review, the historical significance of the chamfered corner entry.
If the chamfered corner entry is found to not be in compliance with these standards, a n HPC
Minor Development Review may be necessitated. HPC Minor Development Review is a one-step
process reviewed by the HPC where the project may be approved, disapproved, or approved with
conditions.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.412 Commercial Design Review
26.412.040 Procedures for Review
26.415.070(b) Certificate of No Negative Effect
26.415.070(c) Certificate of Appropriateness for a Minor Development (if required)
26.710.140 Commercial Core (CC)
HELPFUL LINKS:
• Historic Preservation Land Use Application
• Land Use Code
• Commercial, Lodging, and Historic District Design Standards (PDF)
Exhibit D.5
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• Historic Preservation Design Guidelines
REVIEW BY:
• Staff for completeness and Certificate of No Negative Effect
• Historic Preservation Commission (HPC) for decision (if Minor Development triggered)
REQUIRED LAND USE REVIEW(S):
• Certificate of No Negative Effect
PUBLIC HEARING:
• No, to be reassessed if Minor Review is required
PLANNING FEES:
• $81 Flat Fee, to be reassessed if Minor Review is required
REFERRAL FEES:
• None
TOTAL DEPOSIT: $81
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-25-074 in the subject
line. If more than 18 months has lapsed since this letter was issued, please reach out to
planneroftheday@gmail.com.
Completed Land Use Application, including the Dimensional Requirements form,
signed Fee Agreement, and signed HOA Compliance form
Pre-application Conference Summary (this document).
Contained within a letter signed by the applicant, the applicant's name, address and
telephone number and the name, address and telephone number of any
representative authorized to act on behalf of the applicant.
The street address, legal description and parcel identification number of the property
proposed for development.
A disclosure of ownership of the parcel proposed for development, consisting of a
current (no older than 6 months) certificate from a title insurance company or attorney
licensed to practice in the state, listing the names of all owners of the property and all
mortgages, judgments, liens, easements, contracts and agreements affecting the
parcel and demonstrating the owner's right to apply for the development application.
An eight and one-half (8½) inches by eleven (11) inches vicinity map locating the
subject parcel within the City of Aspen.
Proposed and existing site plans depicting the proposed layout and the project's
physical relationship to the land and its surroundings.
A 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.
A written description of the proposal and a written and graphic explanation of how the
proposed development complies with the review standards relevant to the
development application.
Elevations or drawings of the proposed work.
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Photographs, building material samples and other exhibits, as needed, to accurately
depict location, extent, and design of proposed work.
Depending on further review of the case, additional items may be requested of the
application. Once the application is deemed complete by staff, the applicant/applicant’s
representative will receive an e-mail requesting submission of the deposit. Once the
deposit is received, the case will be assigned to a planner and the land use review will
begin.
Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City.
The summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. The summary does not create a legal
or vested right.
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4,800
800.0
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet0800.0400.00
Notes
Vicinity Map
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 12:54 PM 07/28/25 at http://www.pitkinmapsandmore.com
State Highway
Road Centerline 4K
Primary Road
Secondary Road
Service Road
Rivers and Creeks
Continuous
Intermittent
River, Lake or Pond
County Line
Wilderness Area
Peaks and Passes
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
Exhibit D.6
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Attachment B
HP Design Guidelines
Staff Finding
Page 1 of 1
26.415.070(c) Certificate of Appropriateness for Minor Development
For approval of a Certificate of Appropriateness for Minor Development, the HPC must
determine the project’s conformance with the City of Aspen Historic Preservation
Design Guidelines.
**Criteria found as “Not Applicable” has been removed
Chapter 4: Doors
4.2 Maintain the original size of a door and its opening.
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.
4.5 Adding new doors on a historic building is generally not allowed.
Staff Finding: The proposed door, while new, is being re-established in a location
where a door existed historically. The applicant is using pictorial evidence to restore,
to the extend allowed per code, the door to its original configuration. Staff find the
above review criteria to be met.
Chapter 12: Accessibility, Architectural lighting, Mechanical Equipment, Service Areas,
and Signage
12.1 Address accessibility compliance requirements while preserving character defining
features of historic buildings and districts.
Staff Finding: The proposal includes alterations to the previously existing historic
door design to meet ADA requirements, including the removal of steps to allow for
ADA access at the main entrance. The proposed chamfered entry allows for ADA
compliance while also preserving the character defining features of the resource.
Staff find this review criteria to be met.
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Attachment C
Commercial Design Review Criteria
Staff Findings
Sec. 26.412.060. – Commercial Design Review, Review Criteria.
An application for commercial design review may be approved, approved with
conditions or denied based on conformance with the following criteria:
**Criteria found as “Not Applicable” has been removed
(a) Guidelines and Standards.
(1) The Commercial, Lodging and Historic District Design Standards and
Guidelines are met as determined by the appropriate Commission. The
Standards and Guidelines include design review criteria that are to be used to
determine whether the application is appropriate.
(2) All applicable standards in the Commercial, Lodging and Historic District
Design Standards and Guidelines shall be met unless granted a Variation
pursuant to Section 26.412.040(d), Variations.
(3) Not every guideline will apply to each project, and some balancing of the
guidelines must occur on a case-by-case basis. The applicable Commission
must:
a. Determine that a sufficient number of the relevant guidelines are
adequately met in order to approve a project proposal;
b. Weigh the applicable guidelines with the practicality of the measure.
Applicable Commercial, Lodging, and Historic District Design Standards and
Guidelines
General
1.14 Commercial entrances shall be at the sidewalk level and oriented to the street.
Staff Finding: Although the original, historic entry included a step, staff are
supportive of the applicant proposing an at grade door to provide an ADA route
at the main entrance. Staff find this review criteria to be met.
Commercial Core Historic District
Guideline 2.2 Consider a 45-degree chamfer for corner lots where appropriate.
Standard 2.9 Recessed entries are required.
Staff Finding: The applicant is proposing to re-establish the chamfered corner
entry. Staff find this review criteria to be met.
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