HomeMy WebLinkAboutagenda.hpc.20040114
ASPEN HISTORIC PRESERVATION COMMISSION
REGULAR MEETING
JANUARY 14, 2004
CITY COUNCIL MEETING ROOM
130 S. GALENA
ASPEN, COLORADO
SITE -VISIT: 939 E. Cooper Ave. and the Visitor's Center - 426 E. Main on your own.
5:00 I.
II.
III.
IV.
V.
VI.
Roll call
Approval of minutes - Dec. 10th, 2003
Public Comments
Commission member comments
Disclosure of conflict of interest (actual and apparent)
Project Monitoring
A. NONE
VII. Staff comments: Certificates of No Negative Effect issued
(Next resolution will be #25)
VIII. OLD BUSINESS
A. 2 William's Way - Conceptual, On-Site Relocation, Public Hearing-
(cont'd from Dec. 10th)
IX. NEW BUSINESS
5:45 A. 525 E. Cooper Ave. - Minor Development - Public Hearing
6:00 B. 939 E. Cooper, Unit B (Conceptual ), Public Hearing
6:30 C. 426 E. Main, Visitor's Center - Major Development (Conceptual),
Public Hearing
IX. WORK SESSION
A. None
7:00 XI. ADJOURN
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MEMORANDUM
TO:
Aspen Historic Preservation Commission
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
2 Williams Way- Major Development Review (Conceptual) and On-site
Relocation- Public Hearing
DATE:
January 14, 2004
SUMMARY: The subject property was listed on the Aspen Inventory of Historic Landmark
Sites and Structures in 1999, and contains two miner's cottages linked together with new
construction. The westernmost cottage (referred to at HB 1 in the application) is original to the
site and was built by John Warkentin, Jim Markalunas' grandfather. The eastern cottage (HB2)
was moved to 2 William's Way in approximately the 1950's.
The applicant proposes to
separate the historic buildings and
restore them, based on the records
and physical information that are
available. A small addition is
plamled for the north side of the
Warkentin cottage, but no
expansion is plamled for the other
structure. The two buildings are
to be moved from their current
locations, and a new home built
on the east end of the property.
No variances are needed for the
project.
The project was reviewed by HPC on August 27, 2003, and continued due to significant concerns
on the part of staff and the board. Since then two worksessions have been held to review the site
plan and general characteristics of the new home. TIle board has responded positively to the
progress of the design. Several photographs of HB2 when it was located on Main Street have
been found, and will be very helpful in the development of a restoration plan at Final review.
Staff finds that the design guidelines are met, recommends Conceptual and On-Site Relocation
be granted, and commends everyone for great communication and creativity, which is sure to
result in a successful project.
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APPLICANT: Scott Hicks and Maureen Kinney. The architect is Doug Rager.
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PARCEL ID: 2737-074-31-001.
ADDRESS: 2 William's Way, Smuggler Hunter Trust Lot #1.
ZONING: RMF-A, Residential Multi-Family.
CURRENT LAND USE: Duplex. The western unit is deed restricted to "R.O." (Resident
occupied) and the eastern unit is Category 4 affordable housing.
PROPOSED LAND USE: The applicant intends to take advantage of the multi-family zoning
on this site. While multi-family is typically defined as 3 or more attached lmits, on historically
designated properties, the dwellings may be separated. This option helps to further HPC's goals
and is a benefit to the owner, who prefers to create some privacy between the homes.
There is a Growth Management exemption available for landmarks which allows one new free
market unit to be built on this site. Whether the Warkentin house or the new structure will be
free market is a somewhat complicated matter that the owner will have to work out with the
Housing Authority. It is not relevant to the HPC discussion.
MAJOR DEVELOPMENT (CONCEPTUAL)
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The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff
reviews the submittal materials and prepares a report that analyzes the project's conformance
with the design guidelines and other applicable Land Use Code Sections. This report is
transmitted to the HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions and the reasons
for the recommendation. The HPC will review the application, the staff analysis report and the
evidence presented at the hearing to determine the project's conformance with the City of
Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve
with conditions, or continue the application to obtain additional information necessary to
make a decision to approve or deny.
Major Development is a two-step process requiring approval by the HPC of a Conceptual
Development Plan, and then a Final Development Plan. Approval of a Conceptual
Development Plan shall be binding upon HPC in regards to the location and form of the
envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application
including its height, scale, massing and proportions. No changes will be made to this aspect of
the proposed development by the HPC as part of their review of the Final Development Plan
unless agreed to by the applicant.
Staff Response: Recently, HPC has been contemplating new tools to analyze the
appropriateness of proposals to alter historic structures. The following questions are likely to be
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the center of future discussions, and may be helpful to at least reference for this project (note that
the questions do not serve as formal decision making criteria at this time):
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1. Why is the property significant?
2. What are the key features of the property?
3. What is the character of the context? How sensitive is the context to changes?
4. How would the proposed work affect the property's integrity assessment score?
5. What is the potential for cumulative alterations that may affect the integrity of the
property?
The property is important because it contains two 19th century miner's cottages, one of which is
original to the site.
Key features of the property include the placement of the Warkentin house and the open space
surrounding the building. Although it appears that the original house has been relocated, at least
onto a new foundation, the orientation of the building is believed to be unchanged. Architectural
features have been altered on both cottages, however the basic simple plan and roof forms are
essentially intact, as are some of the door and window openings.
Below is the 1893 Bird's Eye View of Aspen indicating what staff believes is the Warkentin
house. There are no Sanborne maps for this area, so infornlation is somewhat limited, however
in examining this map and a historic photo of town, we have some confidence. Two of the
homes pictured in this drawing still exist on Walnut Street, but the remaining structures have all
been demolished. As a result, the context lacks consistent character and is not particularly
sensiti ve to new development.
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Staff has completed a very
preliminary assessment of
the integrity of these ..-
buildings (attached). The '.,
property achieves the
minimum tlu'eshold score
for designation. Provided
that restoration work is
based on facts to the
greatest extent possible,
their integrity will only be j
strengthened.
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This property is currently
developed as a duplex. As '
such, the maximum
allowable floor area is 4,764 square feet. Multi-family housing is calculated on a different scale
however, and in this case the allowable FAR takes a dramatic jump to 21,475 square feet.
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The proposal before HPC totals approximately 5,800 square feet, therefore significant
construction could theoretically still occur on the property. It is highly unlikely that anything
approaching that number could ever be achieved, given the historic preservation concerns on this
site, and if designation weren't in place, a development of that size would have to compete for
Growth Management allocations and include more affordable housing.
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Desil!n Guideline review
Conceptual review focuses on the height, scale, massing and proportions of a proposal. A list
of the design guidelines relevant to Conceptual Review is attached as "Exhibit B."
With regard to the treatment of the historic houses, the primary issues at this point are their
relocation (discussed below) and the size and placement of the proposed addition to tile
Warkentin house (HBl). Both historic buildings will be approximately 500 square feet in size,
once the existing link is demolished. The addition requested for HB I is srr,all (90 square feet),
and placed along a wall tl1at must be reconstructed anyway, since the original materials were
removed in the 1950's remodel. Staff finds that the design guidelines related to height, scale,
massing, and proportions are met. Issues related to the windows, doors, and dormers, should be
discussed at final review, and the applicant has removed representations about those elements
from the current drawings.
The proposed new house is approximately 4,800 square feet, obviously significantly larger than
the historic buildings. With the amendments to the site plan, it is pushed a significant distance ......,
away from the historic buildings. The massing is broken down into a number of distinct pieces,
which staff finds is working well. The height of the building steps down as ic begins to approach
the historic cottages. Car access has been pushed to the back of the site.
In staff s opinion, tile design is achieving the goals for new buildings on landmarked properties,
as stated in Chapter 11 of the guidelines.
ON-SITE RELOCATION
The intent of the Historic Preservation ordinance is to preserve designated historic buildings in
their original locations as much of their significance is embodied in their ~:etting and physical
relationship to their surroundings as well as their association with events anc. people with ties to
particular site. However, it is recognized that occasionally the relocation of a building may be
appropriate as it provides an alternative to demolition or because it only has a limited impact on
the attributes that make it significant.
26.415.090.C Standards for the Relocation of Designated Properties
Relocation for a building, structure or object will be approved if it is determined that it
meets anyone of the following standards:
1. It is considered a non-contributing element of a historic district and its relocation
will not affect the character of the historic district; Q!
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2. It does not contribute to the overall character of the historic district or parcel on
which it is located and its relocation will not have an adverse impact on the historic
district or property; Q!
3. The owner has obtained a Certificate of Economic Hardship; Q!
4. The relocation activity is demonstrated to be an acceptable preservation method
given the character and integrity of the building, structure or object and its move
will not adversely affect the integrity of the historic district in which it was
originally located or diminish the historic, architectural or aesthetic relationships of
adjacent designated properties; and
Additionallv, for approval to relocate all of the followinl! criteria must be met:
1. It has been determined that the building, structure or object is capable of
withstanding the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submittcd providing for the safe relocation, repair
and prcservation of the building, structure or object including the provision of the
necessary financial security.
Staff Response: The application meets review standard 4, which asks whether tile relocation
activity is demonstrated to be an acceptable preservation method given the character and integrity
of the building, structure or object.
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As a result of this project, two historic houses which have currently been compromised by being
linked together will be separated. They will be moved to a portion of the site which has been
determined to be most representative of the original typography in the area. Restoration work
will take place and the buildings will be able to represent the modest size and character tl1at
typified Aspen's miner's cottages.
DECISION MAKING OPTIONS:
The HPC may:
. approve the application,
. approvc the application with conditions,
. disapprove the application, or
. continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
RECOMMENDATION: Staff reconnnends that Major Development (Conceptual) and On-Site
Relocation be granted with the following conditions:
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I. An application for final review shall be submitted for review and approval by the HPC
within one year of January 14,2004 or the conceptual approval shail be considered null
and void per Section 26.415.070.D.3.c.3 of the Municipal Code.
2. A stmctural report demonstrating that the buildings can be moved anel/or information .
about how the house will be stabilized from the housemover must be submitted with the
building pennit application.
3. A bond or letter of credit in the amount of $30,000 to insure the safe relocation of the
structures must be submitted with the building permit application.
4. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application.
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A. Staff memo dated January 14,2004
B. Relevant Design Guidelines
C. Integrity Assessment form- preliminary
D. lnventory forms
E. Application
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"Exhibit B: Relevant Design Guidelines for 2 William's Way, Conceptual Review"
9.1 Proposals to relocate a building will be considered on a case-by-case basis.
D In general, relocation has less of an impact on individual landmark structures than those in
a historic district.
D It must be demonstrated that relocation is the best preservation altemative.
D Rehabilitation of a historic building must occur as a first phase of any improvements.
D A relocated building must be carefully rehabilitated to retain original architectural details
and materials.
D Before a building is moved, a plan must be in place to secure the stmcture and provide a
new foundation, utilities, and to restore the house.
D The design of a new structure on the site should be in accordance with the guidelines for
new construction.
D In general, moving a building to an entirely different site or neighborhood is not approved.
9.3 If relocation is deemed appropriate by the HPC, a structure must remain within the
boundaries of its historic parcel.
D If a historic building straddles two lots, then it may be shifted to sit entirely on one of the
lots. Both lots shall remain landmarked properties.
9.4 Site the structure in a position similar to its historic orientation.
D It should face the same direction and have a relatively similar setback.
D It may not, for example, be moved to the rear of tile parcel to accommodate a new building
in front of it.
9.6 When rebuilding a foundation, locate the structure at its approximate historic
elevation above grade.
D Raising the building slightly above its original elevation is acceptable. However, lifting it
substantially above the ground level is inappropriate.
D Changing the historic elevation is discouraged, unless it can be demonstrated that it
enhances the resource.
10.2 A more recent addition that is not historically significant may be removed.
10.3 Design a new addition such that one's ability to interpret the historic character of the
primary building is maintained.
D A new addition that creates an appearance inconsistent with the historic character of the
primary building is inappropriate.
D An addition that seeks to imply an earlier period than that of the primary building also is
inappropriate.
D An addition that seeks to imply an inaccurate variation of the primary building's historic
style should be avoided.
D An addition that covers historically significant features is inappropriate.
10.4 Design a new addition to be recognized as a product of its own time.
D An addition should be made distinguishable from the historic building, while also
remaining visually compatible with these earlier features.
D A change in setbacks of the addition from the historic building, a subtle change in material
or a differentiation between historic, and more current styles are all teclmiques that may
be considered to help define a change from old to new construction.
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10.6 Design an addition to be compatible in size and scale with the main building.
D An addition that is lower than or similar to the height of the primary building is preferred.
10.8 Place an addition at the rear of a building or set it back from the front to minimize the
visual impact on the historic structure and to allow the original proporltions and character
to remain prominent.
D Locating an addition at the front of a structure is inappropriate.
D Additional floor area may also be located under the building in a basement which will not
alter the exterior mass of a building.
D Set back an addition from primary facades in order to allow the orig.nal proportions and
character to remain prominent. A minimum setback of 10 feet on primary structures is
recommended.
10.9 Roof forms should be similar to those of the historic building.
D Typically, gable, hip and shed roofs are appropriate.
D Flat roofs are generally inappropriate for additions on residential structures with sloped
roofs.
10.10 Design an addition to a historic structure such that it will not destroy or obscure
historically important architectural features.
D For example, loss or alteration of architectural details, comices and '~avelines should be
avoided.
11.1 Orient the primary entrance of a new building to the street.
D The building should be arranged parallel to the lot lines, maintaining the traditional grid
pattern of the site.
11.2 In a residential context, clearly define the primary entrance to a new building by
using a front porch.
D The front porch should be "functional," in that it is used as a means of access to the entry.
D A new porch should be similar in size and shape to those seen traditionally.
D In some cases, the front door itself may be positioned perpendicular to the street;
nonetheless, the entry should still be clearly defined with a walkway and porch that
orients to the street.
11.3 Construct a new building to appear similar in scale with the historic buildings on the
parcel.
D Subdivide larger masses into smaller "modules" that are similar in size to the historic
buildings on the original site.
11.4 Design a front elevation to be similar in scale to the historic building.
D The primary plane of the front should not appear taller than the historic :;tructure.
D The front should include a one-story element, such as a porch.
11.5 Use building forms that are similar to those ofthe historic property.
D They should not overwhelm tile original in scale.
11.6 Use roof forms that are similar to those seen traditionally in the blolk
D Sloping roofs such as gable and hip roofs are appropriate for primary roof forms.
D Flat roofs should be used only in areas where it is appropriate to the context.
D On a residential structure, eave depths should be similar to those seen traditionally in the
context.
D Exotic building and roof forms that would detract from the visual continuity of the street
are discouraged. These include geodesic domes and A-frames.
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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL)
AND ON-SITE RELOCATION FOR THE PROPERTY LOCATED AT 2 WILLIAM'S
WAY, SMUGGLER HUNTER TRUST, LOT 1, CITY AND TOWNSITE OF ASPEN
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RESOLUTION NO. L, SERIES OF 2004
PARCEL ID: 2737-074-31-001
WHEREAS, the applicants, Scott Hicks and Maureen Kinney, represented by Doug RageI', have
requested Major Development Review (Conceptual) and On-Site Relocation for the property
located at 2 William's Way, Smuggler Hunter Tmst Lot #1; City and Townsite of Aspen. The
property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" 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 Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.4l5.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC
may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, for approval of Relocation of a Designated Property, the HPC must review the
application, a staff analysis report and the evidence presented at a hearing to determine, per
Section 26.415 .090.C of the Municipal Code, that:
1. It is considered a non-contributing element of a historic district and its relocation will
not affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on which
it is located and its relocation will not have an adverse impact on the historic district or
property; or
3. The owner has obtained a Celiificate of Economic Hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method given
the character and integrity of the building, structure or object and its move will not
adversely affect the integrity of the historic district in which it was originally located or
diminish the historic, architectural or aesthetic relationships of adjacent designated
properties; and
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Additionally, for approval to relocate all ofthe followinl! criteria must be met:
I. It has been determined that the building, structure or object is capable of withstanding
the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair and
preservation of the building, structure or object including the provision of the necessary
financial security; and
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WHEREAS, Amy Guthrie, in her staff report dated January 14, 2004, performed an analysis of
the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and recommended approval; and
WHEREAS, at their regular meeting on January 14, 2004, the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and "City of Aspen Historic Preservation Design Guidelines" and approved the
application by a vote of~ to ~.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants Conceptual approval and On-site Relocation for the proposed project at
2 William's Way, Smuggler Hunter Trust Lot #1 with the following conditions:
I. An application for final review shall be submitted for review and approval by the HPC """'"
within one year of January 14, 2004 or the conceptual approval shall be considered null
and void per Section 26.415.070.D.3.c.3 of the Municipal Code.
2. A structural report demonstrating that the buildings can be moved and/or information
about how the house will be stabilized from the housemover must be iiUbmitted with the
building permit application.
3. A bond or letter of credit in the amount of $30,000 to insure the safe relocation of the
structures must be submitted with the building permit application.
4. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application.
APPROVED BY THE COMMISSION at its regular meeting on the 14th day of January,
2004.
Approved as to Form:
David Hoefer, Assistant City Attorney
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Approved as to content:
HISTORIC PRESERVATION COMMISSION
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Jeffrey Halferty, Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk
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INTEGRITY ASSESSMENT-19TH CENTURY MINER'S COTTAGE
Integrity is the ability of a property to convey its significance.
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. LOCATION Location is the place where the historic property was constructed
or the place where the historic event occurred.
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The structure is in its original location.
The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
The structure has been moved to another site, still within the historic
Aspen townsite.
0- The structure has been moved to a location which is dissimilar to the
original site.
TOTAL POINTS (maximum of 5) = 6)
. DESIGN Design is the combination of elements that create the form, plan.
space, structure, and style of a property.
BUILDING FORM
10- The original plan form, based on Sanborne maps or other authenticating
documentation, is unaltered and there are no recent additions.
8- The structure has been expanded but the original plan form is intact and
the addition(s) would meet the design guidelines.
6- The plan form has been more altered, but the addition would meet the
design guidelines.
4- The structure has been expanded in a less desirable manner, but if the
addition were removed, at least 50% of the building's original walls would
remam.
2- The structure has been expanded and the addition overwhelms the original
structure, destroying more than 50% of the building's original walls.
0- Two historic structures have been linked together and the original
character of the individual structures is significantly affected.
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ROOF FORM
1 0- The original roof form and the original porch roof, if one existed, are
unaltered.
!8J The original main roof is intact but the porch roof, if one existed, has been
V altered.
. 6- Dormers have been added to the structure or additions have been made
that alter the roof form, but the changes would meet the design guidelines.
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2- Alterations to the roof have been made in a less sensitive manner, not in
conformance with the design guidelines.
0- Less than 50% of the original roof form remains.
SCALE
5- The original one story scale of the building, and its character as a small
cottage is intact.
4- The building has been expanded, but the ability to perceive the original
size of the 3 or 4 room home, is preserved.
(j) The building has been expanded and the scale of the original portion is
discernible.
0- The scale of the building has been negatively affected by a large addition,
whose features do not reflect the scale or proportions of the historic
structure.
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FRONT PORCH
10- The front porch is not enclosed and original decorative woodwork
remains, or if there was no porch historically, none has been added.
8- The front porch is enclosed but maintains an open character and some
original materials.
6- The front porch is not original, but has been built in an accurate marmer,
per the design guidelines.
f The front porch has been enclosed and most original materials are gone.
c;.) The front porch is completely gone or replaced with a porch which would
not meet the design guidelines.
DOORS AND WINDOWS
10- The typical door and window pattern on the original house is intact- two
doors off the front porch, large double hung windows in gable ends, and
tall, narrow double hung windows placed "sparsely" on building walls.
p-l. < 8- Less than 50% of the door and window openings on the original building
c/ are new and the original door and window openings are in(act.
2- More than 50% of the door and window openings on the original building
are new and/or some ofthe original opening sizes have been altered.
0- Most or all of the original door and window openings have been altered.
PLICITY OF DESlGN
5-/ The overall sense of "modesty" in design and detailing on the original
structure is intact.
0- New, non-historic trim and other decoration have been added to the
building and have altered its character.
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TOTAL POINTS (maximum of 50) =~)
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. SETTING Setting is the physical environment of a historic property.
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PROXIMITY TO SIMILAR STRUCTURES
5- The structure is one of a set (at least three) of buildings from tl1e same
period in the immediate area.
3- The building is part of a neighborhood that has numerous remammg
t:\ buildings from the same period.
l.2;' The building is an isolated example from the period.
HISTORIC LANDSCAPE FEATURES
1M < 5- A number of elements of the original landscape are in place, including
D historic fences, walkways, plant materials and trees, and ditches.
3- Few or no elements of the original landscape are present, but the current
landscape supports the historic character of the home.
0- The current landscape significantly obscures views of the structure.
TOTAL POINTS (maximum of 10) = e
. MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR WOODWORK
10- Most of the original woodwork, including clapboard siding, decorative
shingles in gable ends, trim, fascia boards, etc. remain.
~~. Original siding has been replaced, but trim and other elements remain.
1c5.; Original siding is intact but trim or other elements have been replaced.
~- All exterior materials have been removed and replaced.
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DOORS AND WINDOWS
1 0- All or most of the original door and window units are intact.
(!) Some window and door units have been replaced, but with generally
accurate reconstructions of the originals.
6- Most of the original windows have been replaced, but with generally
accurate reconstructions of the originals.
0- Windows and/or doors units have been replaced with inappropriate
patterns or styles.
TOTAL POINTS (maximum of 20) {G)
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. WORKMANSHIP Workmanship is the physical evidence of the crcifis of a
particular culture or people during any given period in history or prehistory.
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DETAILING AND ORNAMENTATION
5- The original detailing is intact.
fj) Detailing is discernible such that it contributes to an understanding of its
stylistic category.
0- New detailing has been added that confuses the character of the original
structure.
0- The detailing is gone.
FINISHES
fJ) All exterior woodwork is painted and masonry unpainted.
4- All exterior woodwork is painted and masonry is painted.
3- Wood surfaces are stained or modern in appearance but masonry is
unpainted.
2- Wood surfaces are stained or modern in appearance and the masonry is
painted.
TOTAL POINTS (maximum of 10) = ~
· ASSOCIATION Association is the direct link between an important historic
event or person and a historic property.
5- The property would be generally recognizable to a person who lived in
Aspen in the 19th century.
TOTAL POINTS (maximum of5) = 0
. BONUS POINTS
UNIOUE EXAMPLE
5-The design of the building is unique or one of a small group among the
miner's cottages. (i.e.It has Italianate or Second Empire detailing.) .
OUTBUILDINGS
5- There are outbuildings on the property that were built during the same
period as the house.
MASONRY
5-0riginal brick chimneys and/or a stone foundation remains.
PATINA/CHARACTER
5- The materials have been allowed to acquire the character of age and are
obviously weathered.
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MAXIMUM NUMBER OF POlNTS= 100 (and up to 20 bonus points)
MINIMUM THRESHOLD FOR DESIGNATlON= 50 POINTS
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Note: Each area ofthe integrity analysis includes a description of the circumstances
that might be found and a point assignment. However the reviewler may choose
another number within the point range to more accurately reflect the specific
property.
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OAHP1403
Rev. 9198
Official eligibility determination
(OAHP use only)
Date Initials
Detennined Eligible- NR
Detennined Not Eligible- NR
Determined Eligible- SR
Determined Not Eligible- SR
Need Data
Contributes to eligible NR District
Noncontributing to eligible NR District
, ,
COLORADO CULTURAL RESOURCE SURVEY
Architectural Inventory Form
(page 1 of 4)
I. IDENTIFICATION
1. Resource number:
2. Temporary resource number:
3. County:
4. City:
5PT.952
002,WW
Pitkin
Asoen
5.
6.
7.
8.
Historic building name:
Current building name:
Building address:
Owner name and address:
0002 Williams Way Asoen. Colorado 81611
Maureen Marv Kinnev
PO Box 374 Asoen. CO
lr'\']I'G,-1 <AI')
81612
~ W'I <'A ~ ,d"i-c-.
II. Geographic Information
9. P.M. 6 Township 10 South
SE V. of NW 14 of NW
10. UTM reference
Zone -L~; -L 3- ~~~ --.2.....mE 3-~~~ --L---L~mN
Range 84 West
V. of SE
V. of Section
7
11. USGS quad name: Asoen Quadranale
Year: 1960, Photo Rev. 1987 Map scale: 7.5'--X- 15'_ Attach photo copy of appropriate map section.
12. Lot(s): 1
Block:
Addition: Smuaaler Hunter Trust Subdivision Year of Addition:
13. Boundary Description and Justification: Site is comorised of Lot 1: of the Smuaaler Hunter Trust
Subdivision of the City of Asoen. Assessors office Record Number: 2737-074-00-030
This descriotion was chosen as the most soecific and customary descriotion of the site.
III. Architectural Description
14. Buiiding pian (footprint, shape): Irreauiar
15.
16.
17.
18.
19.
20.
Dimensions in feet: Length
Number of stories: One StOry
Primary external wall material(s) (enter no more than two): Wood Horizontai Sidina
Roof configuration: (enter no more than one): Gable Roof
Primary external roof material (enter no more than one): Asohalt Roof
Special features (enter all that apply):
x Width
P23
Resource Number:
Temporary Resource Number:
5PT.952
002WW
Architectural Inventory Form
(page 2 of 2)
""""
21. General architectural description: This sincle stOry wood frame mininc era structure is made UD of a
number of indeDendent Darts that have been combined into one structure. The west Dart of the structure
is a tyDical Miner's Cottace. and was the oricinal structure on the site. It has triancular windows in the
cable ends facinc east and a simDle asvmmetrical facade facinc west. The main front cable has a shed
roof extension off the north side with a series of casement windows and an additional door. The structure
sits UD on a raised deck with lattice infill below. The west volume is connected to an L-shaDed miner's
cottace tyDe. bv a very low Ditched shed roof volume which intersects the rear of the west structure and
the side of the east one. The connector has a series of windows facinc south. The deck level from the
west side continues around to this side and serves as a base to the eastern s:tructure as well. The eastern
structure has a front cable facinc south with french doors centered on the facade.
22. Architectural style/building type: Late Victorian
23. Landscaping or special setting features: The site is bounded bv roads on thre,e sides. and has a crove of
cottonwoods in a relative Iv natural settinc. A stone wall runs into the site from the southeast creatinc a
levei area on an otherwise rollinc site.
24. Associated buildings, features, or objects: none (a barn and outhouse were once located on the site)
IV. Architectural History
25. Date of Construction: Estimate 1880's (western Dart)
Source of information: 1896 Willit's MaD
26. Architect: Unknown
Source of information:
27. Builder/Contractor: John Warkentin (7)
Source of information: Pioneers of the Roarinc Fork. bv Len Shoemaker. Jim Markalunas
28. Original owner: John Warkentin (7)
Source of information: Pioneers of the Roarinc Fork. bv Len Shoemaker. Jim Markalunas
29. Construction history (include description and dates of major additions, alterations, or demolitions):
Eastern structure relocated onto the site from either East Durant or Main StreHl. see history below. date
unknown. Alterations to both structures windows exterior materials. low connector all dates unknown.
""""
Actual
Dre 1998.
30. Original location L- Moved ~ Date of move(s): Date Unknown
V. Historical Associations
31. Original use(s): Domestic
32. Intermediate use(s):
33. Current use(s): Domestic
34. Site type(s): Residential Neichborhood. Multi Familv
-..
P24
Resource Number:
Temporary Resource Number:
5PT.952
002.WW
Architectural Inventory Form
(page 3 of 3)
35. Historical background: This structure is reoresentative of Asoen's minino era character. The
buildina has the characteristics of tyoicai minina era structures such as: size, simole olan. and front
aable I Dorch relationshio. Jim Markalunas' mother and her siblinas were born in this house. Markaiunas
is a life lona resident and current City Councilman. The relocated oortion of the structure either
belonaed ta Mabel Beckerman (Main Street) ar Madae Soderstrum (East Durant).
36. Sources of information: Pitkin County Courthouse records: Sanborn and Sons Insurance Maos:
VI. Significance
37. Local landmark designation: Yes
Designating authority:
38. Applicable National Register Criteria:
No-.2L...
Date of designation:
A. Associated with events that have made a significant contribution to the broad pattern of our
history;
B. Associated with the lives of persons significant in our past;
-2L C. Embodies the distinctive characteristics of a type, period, or method of construction, or
represents the work of a master, or that possess high artistic values, or represents a significant
and distinguishable entity whose components may lack individual distinction; or
D. Has yieided, or may be Iikeiy to yield, information important in history or prehistory.
Qualifies under Criteria Considerations A through G (see Manual)
Does not meet any of the above National Register criteria
39. Area(s) of significance: Architecture
40. Period of significance: Late 1800's Silver Minino Era
41. Level of significance: National _ State _ Locai lL
42. Statement of significance: This structure is sianificant for its oosition in the context of Asoen's minina
era. It describes the nature of the life of an averaoe familv or individual durina that oeriod. as well as
the construction technioues materials available and the fashion of the time.
43. Assessment of historic physical integrity related to significance: Structures are sianificantlv altered
particularlv the windows. However the aeneral form of the structures are recoanizable' the connection
does not obscure the aable forms or overwhelm their scale.
;".....
VII. National Register Eligibility Assessment
44. National Register eligibility field assessment:
Eligible _ Not Eligible X Need Data
45. Is there National Register district potential? Yes
Discuss:
If there is National Register district potential, is this building: Contributing
46. If the building is in existing National Register district, is it: Contributing_
No --2L-
Noncontributing
Noncontributing
P25
. R~source Number:
Temporary Resource Number:
5PT.952
002.WW
Architectural Inventory Form
(page 4 of 4)
-..
VIII. Recording Information
47. Photograph numbers: R10: F22. 23 Negatives filed at: Asoen/Pitkin Community Develooment Deol.
48. Report titie: City of Asoen Uodate of Survev of Historic Sites and Structures. 2000
49. Date(s): 6/29/2000 50. Recorder(s): Suzannah Reid and Patrick Duffield
51. Organization: Reid Architects
52. Address: 412 North Mill Street. PO Box 1303. Asoen CO 81612
53. Phone number(s): 970 920 9225
NOTE: Please attach a sketch map, a photocopy of the USGS quad. map indicating resource location, and
photographs.
Colorado Historicai Society - Office of Archaeology & Historic Preservation
1300 Broadway, Denver, CO 80203 (303) 866-3395
~
-
P26
',-,,,,",,
---.."'-
L1-h, bit
\l II
B
HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM
State Site Number:
Photo Information:
Township 10 SCl1lt-n Range R"
USGS Q~ad Name Aqppn
Building or Structure
Name: Nnnp
Full Street Address: 0007 Wil1irim'q Wriy
Legal Description: SW 1/" nf Sprtinn 7 ~nwnqnip 10 S
ht-n P M
City Aqppn
Historic District/Neighborhood
Owner: Private/State/Federal
Owner's Mailing Address: 7 Wil1irim's
Local Site Number: 0007 WW
Wp,qr
Year
Section
1%0
7
x
7.5'
15'
Rringp R" W nf tnp
County
Name: Nnnp
'Pri v~rp
Wriy
Pit-kin
ARCHITECTURAL DESCRIPTION
Building Type: Rpsinpntiril
Architectural Style: Minpr's rnt-trigpq (7) 'jninon t-ngpt-npr
Dimensions: L: _ x W:_'= Square Feet: 7017(ppr 1994 Sl1rvPy)
Number of Stories: 1
B';1ildin~ Plan (Footprir:;t, S~ape).: irrpgol1rir' Pris: ~c;irint-p i~ ~c;ri:1:; ':'~:~
Rlnp W1T1Q" ~nn wp,c:;r Rlnp 1 R Rlnp Q";:3nlp. tw() R_!!:.r__p _01." ..,.,;()l ",_
t-ngptnpr in 1ritp 19S0q nr Prirly 19hOq
Landscaping or Special Setting Features:
grin lRnl~tpn frnm ntnpr n1Rt()ri~ nnl'RPR)
nn t-np prnpprt-y
Associated Buildings, Features
Function (map number / name) :
to np prPRPnt
For the following categories include materials, techniques and styles in
the description as appropriate:
Roof: wonn Rning1p. vprgp ho~~n 1n g~'h1p pnn on Pr:lRt Rirl~ nf nnl1RP:
ritypi "ril ;:t-~~ ~~ (n:f
Rp.v~r~l l;:3r~ ., tr, PR
:~:
"-',r-
or Objects
nn 1nngprpY1Rt.
Describe Material and
h~rn ~nn nlJrn()l1RP llRPr1
Walls:
wnnn fr~mp. rl~~nn~rnR
Foundation I Basement:
("'onrrptp.
Chimney(s) :
r1(') r.111mnp~ v1sihlp
Windows: pl rii n
nnr 11 i Rrnri r. 1
WPf:;rRPr.t;on nf
nn pmnp 11i Rnmpnr' RPt nf
wlnnnw n~R rlpror~rp.n vprgp.
nnlJRP ;:3rp 1ion-t:r<=3nitinT1<=31
ri 'h'hnn wi nnn:,,~~ W'hll t- . ~r~:~ 'h ~~
hO.::lrn nvpr Wl n n . Wl n
tri ;::rnmJl <=3r R'h.=l!!P.
Doors:
1 pngt n
in tnp
glri?:pn simplp "riFling in Priqt sinp nnnr rinn gl~~:c; ~~npl :~:
nf tnp nnnr. wpst qinp nnnr glri?:pn witn qtriinpn glri__ ri__ prin_._
nnrrnm
Porches: 1 rirgP frnnt pnr"n' "nvprs tnp pxtpnt- nf t~p f~~n; pnf. t:p
nnil,c:;p. !!nrrl1 ;,c:; rnvprpn ()vpr ~ Rm<=lll !lr.3rr .nf tl1p WPRr- ,c:;1np _~ _n_ hnn_p
ann ;;:: Rl1:EJ!">()rrOn 'hy tllrnpn R!1111rllp,o;
P27
Page 2 of 3
-
State Site Number
LocaJ. Site # 0007 WW
GeneraJ. Architectural Description: ~ n;t nf hnllRPW<'lR hlli1t in
1RRO:R hY.,Tnh,:, W~rkpnti.n. 'T'ni~ ~::".1~; ~,~~:-~;: ~n ~~'~ 'R% Willit'R m<'lp
<'lnn 1,Q Rt,ll 1'1 , t-R nr'g,n<'ll 1 r, ." ~::' e~;'3e W<'lR mnvpn t-n t-hp
si tp frnm tnwnpi thpr M<'ln~p ,"ntn;r~~n~~' ~ E;s;. ~~~~. F:<'lRt Dllr<'lnt M<'lhp1
Rpr.kprmiln's nnllRP frnm Mil,n S p "To '~~ ~~'~rm'Rt'R nnllRP (phntn
i3tt<'lr.npn)spp T,pn Shnpm<'lkpr'R Pin~"':;'~ ~f' 'r; HO<'lring Pork. ,Tim
M",rk<'l11:n<'lS' mnthpr <'ll)ntR <'lnn ":~;;; w;'; ~,rr: i~, the nnllRP 'J'h~ W"'Rt-
.R1r1P nr t"hp h()l1C::P h;::)C::~ m(')rp r:nn~ .::I,... P;=j 11 c:: nr::ln t-hp p.=1c::r ~:nnp of
t-np 'hnllC::p ".
FUNCTION
Current Use:
ARCHITECTURAL HISTORY
P",,,,in"'>1ti<'ll (nll!'lpx) Architect: >1nnp
Original Use: R<'lmp
Intermediate Use:
Builder: llnknown
Construction Date: 1RRO's
Actual X Esti'nate -Assessor
Based On: sty1",
MODIFICATIONS AND/OR ADDITIONS
Minor ~ Moderate ~ Major * Moved -X-- ~ate *
Describe Modifications and Date: ):;"",t ,;;i~ ~; rl:r~"'nt nnll"'''' W<'lR mnvpn
tn th~ si~p <'ln~ intP~r;,tPn .wit-h px:~~~~ ':;:'":~~~:~ :~gnifir<'lnt pxt~r~nr "'"
mnn,f,r<'lt,nns ,nr11ln,ng tn<'lng1l1"q ~" ..nw~ ~s, Imi'ltpr. n<'lt-p nf <'lnn,t,nn
of 'hn1J~p ic:: l~t-p. 19l:iOc:: nr pi=1rly 1_hO_ . ,
Additions and Date:spp "hnv",
NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA
-- Is listed on ___ National Register; State
-- Is eligible for ___ National Register; State
Meets National Register Criteria: A __ B C __
Register
Register -
D__ E_
Map
~
Local Rating and Landmark Designation
1--1 Significant: Listed on or is eligible for National Register'
.D.
Contributing: Resource has maintained historic or
architectural integrity.
-X-- Supporting: Original integrity J.ost due to alterations,
however, is "retrievable" with substantial effort.
o
Locally Designated Landmark
-
P28
Page 3 of 3
State Site Number
Local Site Number *
Justify Assessment: *
Associated Contexts and Historical Information: *
Other Recording Information
Specific References to the Structure/Building: Pitkin ('nllntv rnllrt-
h()ll~p Rp.r.()rn~.
Archaeological Potential: .....::I- (Y or N) t<].~::<~stif:Yr: ,"'nm~tl1:~i"':'~~~~~~;"'ll::
~~()~~r:~,'hrl~:- np.p.n rp.m,nvPrlo f::it-p.'w;:!~ _.>::::l=D _~ '____ -~___._h_____ ____
(1 P_ ~n1m;:!1~ kp.pt on ~,tp.)
Recorded By: S~r~11 O~tps Pl~nning ~p~l1ni~i~n
Date: F'phrll~ryg 1999
Aff~liation: A"'ppn Hi"'t~ri~ Prp",p~r~tinn rnmm~"'~i~~ ~ ~~ty :f :~ppn
ProJect Manager: Amy ~]tl1rlP Hl"'tnrl~ Prp",prv~tl~_ __fl~__/Dl_nn__
P29
KA)
MEMORANDUM
"',-
TO:
Aspen Historic Preservation Commission
--JA/lr
Joyce Allgaier, Deputy Plarming Director
THRU:
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
525 E. Cooper Avenue- Minor Development, Public Hearing
DATE:
January 14, 2004
SUMMARY: The subject property contains the non-historic Aspen Grove Building,
located at 525 E. Cooper Avenue, in the Commercial Core Historic District.
Currently there is a 7 foot wide gravel "alley" that runs along the west side of this
building, separating it from the La Favre Block, which is a local landmarklNational
Register property. A metal gate prevents pedestrian access through this area. The
applicant proposes to convert the gate into a hinged display window.
Staff recommends that Minor Development be approved with conditions.
'.,.... APPLICANT: Aspen Grove Associates, LLP, represented by Wedum and Associates.
PARCEL ID: 2737-182-22-002.
ADDRESS: 525 E. Cooper Avenue, the east 22.5 feet of Lot C, All of Lots D, E, and F,
and the west 25 feet of Lot G, Block 96, City and Townsite of Aspen.
ZONING: CC, Commercial Core.
MINOR DEVELOPMENT
'~
The procedure for a Minor Development Review is as follows. Staff reviews the
submittal materials and prepares a report that analyzes the project's conformance with
the design guidelines and other applicable Land Use Code Sections. This report is
transmitted to the HPC with relevant information 011 the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions and the
reasons for the recommendation. The HPC will review the application, the staff
analysis report and the evidence presented at the hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines. The
HPC may approve, disapprove, approve with conditions, or continue the application to
obtain additional information necessary to make a decision to approve or deny. If the
application is approved, the HPC shall issue a Certificate of Appropriateness and the
P31
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RECOMMENDATION: Staff finds that the review standards are met and that Minor
Development approval should be granted for the project at 525 E. Cooper Avenue with
the following conditions:
.
ign t t i . ates a flat "roof' and possibly a simple comice detail,
IO~ ov d ta and monitor.
2. P~i~~"fletai!~AJoyt the door jamb to ensure that no damage will be done to the
'lnsfunc bmidlhg to the east of thiS slte.
Exhibits:
Resolution #_, Series of 2004
A. Staff memo dated January 14, 2004
B. Releva.nt Design Guidelines
-.,......
,.~
0\
"
P33
o The literal imitation of older historic styles is discouraged.
o In essence, infill should be a balance of new and old in design.
13.16 Develop the ground floor level of all projects to encourage pedestrian
activity .
o Consider using storefronts to provide pedestrian interest along the street. Storefronts
should maintain the historic scale and key elements such as large display windows
and transoms.
o Large storefront display windows, located at the street level, where goods or services
are visible from the street, are particularly encouraged.
o The primary building entrance should be at street level. "Garden level" entrances are
inappropriate.
13.17 Maintain the distinction between the street level and the upper floor.
o The first floor of tile primary facade should be predominantly transparent glass.
o Upper floors should be perceived as being more opaque than the street level. Upper
story windows should have a vertical emphasis.
o Highly reflective or darkly tinted glass is inappropriate.
o Express the traditional distinction in floor heights between street levels and upper
levels through detailing, materials and fenestration. The presence of a belt course is
an impOliant feature in this relationship.
Detail Alignment
13.20 The general alignment of horizontal features on building fronts should be
maintained.
o Typical elements that align include window moldings, tops of display windows,
cornices, copings and parapets at the tops of buildings.
o When large buildings are designed to appear as several buildings, there should be
some slight variation in alignments between the facade elements.
5
P35
THEREFORE, BE IT RESOLVED:
That the HPC approves Minor Development for a display case at 525 E. Cooper Avenue
with the following conditions:
I. Provide a redesign that indicates a flat "roof' and possibly a simple comice detail,
to be approved by staff and monitor.
2. Provide details about the door jamb to ensure that no damage will be done to the
historic building to the east of this site.
APPROVED BY THE COMMISSION at its regular meeting on the 14th day of
January 2004.
Approved as to Form:
David Hoefer, Assistant City Attorney
Approvcd as to Content:
_ HISTORIC PRESERVATION COMMISSION
Jeffrey Halferty, Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk
."",.,;
P37
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~/3
MEMORANDUM
THRU:
Aspen Historic Preservation Commission
Joyce Allg~puty Plarming Director
TO:
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
939 E. Cooper Avenue, Unit B, Major Development Review (Conceptual) and
Variances- Public Hearing
DATE:
January 14,2004
SUMMARY: The subject property is a 10,500 square foot lot that is listed on the Aspen
Inventory of Historic Landmark Sites and Structures. In 1995, HPC approved a redevelopment
of the parcel that involved the on-site relocation and rehabilitation of a Victorian era home and
contributing bam, and the construction of three additional homes on the site. The proposal
before HPC completes the build out of the project.
The specifics of the size and placement of this new home have been established through a
subdivision review by City Council. HPC did grant Final approval for a house on this lot,
however the 3 year period of "vested rights" has expired and the application must comply with
updated land use code requirements, including the 2000 HPC guidelines. The owner has hired a
new architect and amended the proposal.
'~'.....",
The board is asked to grant Conceptual, a waiver of one on-site parking space, and a variance
from two of the "Residential Design Standards" related to garages.
Staff finds that the project complies with the applicable review standards and recommends
approval.
APPLICANT: Power Properties, represented by Gilbert Sanchez, architect.
PARCEL ID: 2737-182-52-002.
ADDRESS: 939 E. Cooper Avenue, East Cooper Court, Unit B, City and Townsite of Aspen,
Colorado.
ZONING: RMF, Residential Multi-Family.
CURRENT LAND USE: Four condominiumized detached structures in multi-family use.
I
P41
MAJOR DEVELOPMENT (CONCEPTUAL)
The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff
reviews the submittal materials and prepares a report that analyzes the project's conformance
with the design guidelines and other applicable Land Use Code Sections. This report is
transmitted to the HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions and the reasons
for the recommendation. The HPC will review the application, the staff analysis report and the
evidence presented at the hearing to determine the project's conformance with the City of
Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve
with conditions, or continue the application to obtain additional information necessary to
make a decision to approve or deny.
<,
Major Development is a two-step process requiring approval by the HPC of a Conceptual
Development Plan, and then a Final Development Plan. Approval of a Conceptual
Development Plan shall be binding upon HPC in regards to the location and form of the
envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application
including its height, scale, massing and proportions. No changes will be made to this aspect of
the proposed development by the HPC as part of their review of the Final Development Plan
unless agreed to by the applicant.
Staff Response: Recently, HPC has been contemplating new tools to analyze the
appropriateness of proposals to alter historic properties. The following questions are likely to be
the center of future discussions, and may be helpful to at least reference for this project (note that
the questions do not serve as formal decision making criteria at this time):
1. Why is the property significant?
2. What are the key features of the property?
3. What is the character of the context? How sensitive is the context to changes?
4. How would the proposed work affect the property's integrity assessment score?
5. What is the potential for cumulative alterations that may affect the integrity of the
property?
The property is important because it contains two 19th century buildings; a residence and a barn.
The concept of this project was to retain the landmark buildings and protect them from all but
modest additions, and to direct the remaining floor area available on the site into similarly sized
detached structures. In an effort to meet other City goals, two of the homes carry affordable
housing restrictions. The site plan for the project is tight, and many of the key features of tile
property were affected as part of the building relocations. The house does maintain prominence
on the street frontage, and the barn contributes to the scale and character of the alley.
The neighborhood is zoned for multi-family development and contains a mix of duplexes and
condominiums, along with a handful of miner's cottages that still exist in the immediate vicinity.
There are few relationships among the existing development that result in the sense .of a strong
context.
2
P42
,'-"
This project does not directly affect any historic structures, since it is a freestanding building. It
will, to a great extent, cut off the view of the historic barn from the street, which is unfortunate,
but an anticipated outcome of the subdivision when it was approved.
Desil!n Guideline review
Conceptual review focuses on the height, scale, massing and proportions of a proposal. A list
of the design guidelines relevant to Conceptual Review is attached as "Exhibit B."
Staff finds the design to be wholly appropriate and in keeping with HPC philosophies as well as
the relatively simple character of the other structures on the site. It is particularly compatible
with the two story simple gable form Victorians that are located to its east and west. The design
guidelines have all be met.
ON-SITE PARKING
The applicant requests a waiver of one of the required on-site parking spaces, which they have
been challenged to provide in light ofthe site constraints.
Per Section 26.415.110.C, parking reductions are permitted for designated historic properties on
sites unable to contain the number of on-site parking spaces required by the underlying zoning.
Commercial designated historic properties may receive waivers of payment-in-lieu fees for
parking reductions.
"'-
1. The parking reduction and waiver of payment-in-lieu fees may be approved upon a
finding by the HPC that it will enhance or mitigate an adverse impact on the historic
significance or architectural character of a designated historic property, an adjoining
designated property or a historic district.
Staff Finding: One parking space will be provided within the garage. A second spot was
originally intended to be located in tl1e driveway, however in an effort to design a structure tl1at
balances many concerns, including the desire to create a streetfacing fal(ade and massing that is
sympathetic to the adjacent historic resources, the project has lost the use of some of the ground
plane. Staff recommends that the variance be granted finding that the proposal mitigates adverse
impacts on designated structures.
RESIDENTIAL DESIGN STANDARDS
The project requires variances to the Residential Design Standards related to garages and
"secondary masses." All residential development must comply with the following review
standards or receive a variance based on a finding that;
,-
3
P43
A. The proposed design yields greater compliance with the goals of the Aspen area Community
Plan (AACP); or,
B. The proposed design more effectively addresses the issue or problem a given standard or
provision responds to; or,
C. The proposed design is clearly necessary for reasons of fairness related to unusual site
specific constraints.
Standard: PARKING, GARAGES AND CARPORTS. The intent of the following parking,
garages, and carport standard is to minimize the potential for conflicts between pedestrian and
automobile traffic by placing parking, garages, and carports on alleys, or to minimize the
presence of garages and carports as a lifeless part of the streetscape where alleys do not exist.
1. For all residential uses, parking, garages, and carports shall be accessed from an alley or
private road if one exists.
2. For all residential uses that do not have access from an alley or private road, the following
standards shall be met:
a. On the street facing fayade(s), the width ofthe living area on the first floor shall be at
least five (5) feet greater than the width of the garage or carport.
b. The front fayade of the garage or the frontmost supporting column of a carport sha]] be
setback at least ten (l0) feet further from the street than the frontmost wa]] of the house.
.d'
Response: Standard 2b is tile one in question. The garage has a 7 foot setback from the front
wa]] of the house. Staff finds that its location and one story height mitigate any concerns related
to this building feature having too much "presence" on the street. The criteria for granting a
waiver are met based on a finding that the proposed design has the intended effect and is related
to site constraints.
Standard: SECONDARY MASS. The intent of the building form standards is to respect the scale
of Aspen's historical homes by creating new homes which are more similar in their massing, by
promoting the development of accessory units off of the city a]]eys, and by preserving solar
access.
1. All new stmctures shall locate at least ten (10) percent of their total square footage above
grade in a mass which is completely detached from the principal building, or linked to it by a
subordinate connecting element. Accessory buildings such as garages, sheds, and accessory
dwelling units are appropriate uses for the secondary mass.
Response: The idea of this standard is to break down the size of large houses into at least two
pieces. This house is only 1800 square feet in size, and the lot is too small to a]]ow room for
more than one detached structure. The criteria for granting a waiver are met based on a finding
that the proposed design has the intended effect and is related to site constraints.
4
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DECISION MAKING OPTIONS:
The HPC may:
. approve the application,
. approve the application with conditions,
. disapprove the application, or
. continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny. .
RECOMMENDATION: Staff recommends HPC grant Conceptual approval and variances for
the project as proposed.
A. Staff memo dated January 14, 2004
B. Relevant Design Guidelines
C. Application
,~. ..
5
P45
"Exhibit B: Relevant Design Guidelines for 939 E. Cooper, Unit B, Conceptual Review"
Guidelines for New Buildings on Landmark Properties
11.1 Orient the primary entrance of a new building to the street.
D The building should be arranged parallel to the lot lines, maintaining the traditional grid
pattern ofthe site.
11.2 In a residential context, clearly define the primary entrance to a new building by
using a front porch.
D The front porch should be "fwlctional," in that it is used as a means of access to the entry.
D A new porch should be similar in size and shape to those seen traditionally.
D In some cases, the front door itself may be positioned perpendicular to the street;
nonetheless, the entry should still be clearly defined with a walkway and porch that
orients to the street.
11.3 Construct a new building to appear similar in scale with the historic buildings on the
parcel.
D Subdivide larger masses into smaller "modules" that are similar in size to the historic
buildings on the original site.
11.4 Design a front elevation to be similar in scale to the historic building.
D The primary plane of the front should not appear taller than the historic structure.
D The front should include a one-story element, such as a porch.
11.5 Use building forms that are similar to those of the historic property.
D They should not overwhelm the original in scale.
11.6 Use roof forms that are siIl\ilar to those seen traditionally in the block.
D Sloping roofs such as gable and hip roofs are appropriate for primary roof forms.
D Flat roofs should be used only in areas where it is appropriate to the context.
D On a residential structure, eave depths should be similar to those seen traditionally in the
context.
D Exotic building and roof forms that would detract from the visual continuity of the street
are discouraged. These include geodesic domes and A-frames.
6
P46
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL)
"- AND VARIANCES FOR THE PROPERTY LOCATED AT 939 EAST COOPER
A VENUE, EAST COOPER COURT, UNIT B, CITY AND TOWNSITE OF ASPEN,
COLORADO
RESOLUTION NO. _, SERIES OF 2004
PARCEL 10: 2737-182-52-002
WHEREAS, the applicant, Power Properties, represented by Gilbert Sanchez, has requested
Major Development Review (Conceptual) and Variances for the property located at 939 E.
Cooper Avenue, East Cooper Court, Unit B, City and Townsite of Aspen, Colorado. The property
is listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" 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 Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 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 parking reductions, HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.11O.C of
the Municipal Code, that:
J. The parking reduction and waiver of payment-in-lieu fees may be approved upon a finding by
the HPC that it will enhance or mitigate an adverse impact on the historic significance or
architectural character of a designated historic property, an adjoining designated property or a
historic district; and
WHEREAS, for approval of a variance from the "Residential Design Standards," according to
Section 26.410 of the Municipal Code, the HPC must find that:
A. The proposed design yields greater compliance with the goals of the Aspen area
Community Plan (AACP); or,
B. The proposed design more effectively addresses the issue or problem a given standard or
provision responds to; or,
,-
P47
C. The proposed design is clearly necessary for reasons of fairness related to unusual site
specific constraints; and
WHEREAS, Amy Guthrie, in her staff report dated January 14, 2004, performed an analysis of
the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines" have been met, and recommended approval; and
WHEREAS, at their regular meeting on January 14, 2004, the Historic Preservation
Commission considered tl1e application, found the application was consistent with the review
standards and "City of Aspen Historic Preservation Design Guidelines" and approved the
application by a vote of _ to _'
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants Conceptual approval and Variances for the proposed project at 939 E.
Cooper Avenue, East Cooper Court, Unit B, City and Townsite of Aspen, Colorado as
represented on January 14, 2004.
APPROVED BY THE COMMISSION at its regular meeting on the 14th day of January,
2004.
Approved as to Form:
David Hoefer, Assistant City Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Jeffrey Halferty, Chair
ATTEST:
Kathy Strickland, Chicf Deputy Clerk
P48
Land Use Application
./'#
PROJECT:
Name:
Location:
~
THE CITY OF ASPEN
Parcel ID #
CEJ
R1 t&
#C1X:./C- ~ q (/;. ~11-,lf) <;T
(Indicate street address, lot & 1:Hock number or metes and bounds description of property)
(REQUIRED) 02-73 7/ J d- >d-. &0 ;:}-..
APPLICANT:
Name:
Address:
Phone #:
REpRESENTATNE:
Name: &1?-5 2-
Address: (~S- Il MIU C;T ItSI'PtU Co !l161/
one#: 110. '1f-3. o!:1 Fax#: 970, q;-o. 78.?- d-E-mail:
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TYPE OF APPLICATION: lease check all that a 1 :
o Historic Designation
o Certificate of No Negative Effect
o Certificate of Appropriateness
o -Minor Historic Development
o -Major Historic Development
~ -Conceptual Historic Development
o -Final Historic Development
-Substantial Amendment
o Relocation (temporary, on or off-site)
o Demolition (total demolition)
o Historic Landmark Lot Split
EXlSTJNG CONDITIONS: (descri tion of existin
TItC sae. I> (/t9u;pT
.:,
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.""
PROPOSAL: (descri tion of ro osed buildings, uses, modifications, etc.
!lf71U ~tJ[7iW(..Ju;N rJr It1V I/~()b F~ 5(f.IG.[cFAUtI{,.y
.
/Je{'tlJPNct=:-
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FEES DUE: $
RE1'AIM FOR PERMAl-~E~~'" ~l'cl)Rl)
P49
General Information
Please check the appropriate boxes below and submit this page along with your application. This information will
YES NO
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help us review your plans and, if necessary, coordinate with other agencies that may be involved.
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 SecretOlY of the Interiors Standards for
Rehabilitation or restoration of a National Register of Historic Places property in order to qualify
for state or federal tax credits?
o
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.)
#
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o
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:
o Rehabilitation Loan Fund 0 Conservation Easement Program ~imensional Variances 0 Increased
Density 0 Historic Landmark Lot Split 0 Waiver of Park Dedication Fees 0 Conditional Uses
o Exemption from Growth Management Quota System 0 Tax Credits
.....,
--- -"
,
P50
_.: ':.:.:.
- '--- - ~--
~ject:
Applicant:
Project
Location:
Zone
District:
Lot Size:
Lot Area:
Dimensional Requirement Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
fi11~r UJofPle- COJf2T - VI/iT 8>
?a tvf72.-- .P~fC'I2.:r(F S
CJ:5Q fS/fST CaJ1Pl2- ~, /kfI'hU, UJ
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P/41F
?t, I)C 49 I
~, .$ 6.?- sF
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas
within tl1e high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
Itn-
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19
lilt-
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4
Proposed:
Proposed:
Proposed:
Proposed % of demolition: i.ffr
DIMENSIONS: (write n/a where no requirement exists in the zone district)
Floor Area: Existing: 0 Allowable: /1 & d d sP'proposed:
II$iJO 5r-
,
Heil!ht
- ;J) I ;J<; I . M--- ?- /dtr '2o/fI=-
,._".lcipal Bldg.: Existing: 0 Allowable: Proposed:
Accessory Bldg.: Existing: II~ Allowable: 1/;1- Proposed: /J,f
On-Site parking: Existing: 0 Required: r2 Proposed: I /f?I2- ~t</ / '5 toll
% Site coverage: Existing: flll- Required: flit- Proposed: /./4-
. % Open Space: Existing: /-fit- Required: 1/)- Proposed: f./A-
Front Setback: Existing: f.fA- Required: J//f-. Proposed: Nit-
Rear Setback: Existing: f-/It Required: Vir- Proposed: NA-
Combined ~ '7<JMtu/ Yto('i
FrontlRear: Existing: /1,4- Required: IUr Proposed: f# ~Wh- . ~;r:::.
Indicate N. S. E. W
Side Setback: Existing: /.fir Required: '!fir- Proposed: !fir
S.i~S.etback" '. bisw.~. 'lilt- ReqWed.~' fM- Proposerr." . fill!-
Combined Sides: Existing: /.I1r. Required: Iff!- Proposed: M
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
c.Ii'1& T f7N.UZ4 (j a.;. (/Ih
Variations requested (identify the exact variances needed): Ref', ~ ~
j~..1 ~ tJ. . C.e2". PItW T5 hv'{)
'i"~ wt/1J.firL . 'RJlt-- / 6ff. 9z:E >f/!Cf3=
P51
I~
RCCESSORIES
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October 30, 2003
To Whom It May Concern:
On behalf of Power Properties, Owner of East Cooper Court Unit B in
Aspen, Colorado, I authorize Gilbert R. Sanchez, AlA of 555 N. Mill St., Aspen,
Colorado 81611,970.948.0597, to represent my interests in the matter of review
by the City of Aspen Historic Preservation Commission.
---
dy Schonwald
wer Properties
3200 South Kingshighway
St. Louis, MO 63139
314.664.4498
-
,
3200 S. Kingshighway, St.Louis, MO 63139 TEL (314) 664-4498 FAX (314) 664-4482
P52
CERTIFICATE OF OWNERSHIP
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Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that
POWER PROPERTIES, INC. is the owner in fee simple ofthe following described property:
RESIDENTIAL SITE B, EAST COOPER COURT CONDOMINIUMS, according to the Plat recorded April 19,
1995 in Plat Book 36 at Page 96, and as defined and described in the Declaration of Covenants for East
Cooper Court Condominiums recorded April 19, 1995 in Book 778 at Page 954.
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 939 E. COOPER AVE. UNIT B,
ASPEN, CO. 81611
ENCUMBRANCES: NONE
Subject to easements, rights of way and recorded matters.
This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only.
..:IV
INC.
BY:
, 2003 @ 8:00 A.M.
'.........
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3B0G.47 B-778 P-98'7 04/19/95 12:23P PG 1 OF 2
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
REC
1121.121121
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
GENERAL WARRANTY DEED
Robert Adair Langley and Sherri Darnell Langley for ~EN
DOLLARS ($10.00) and other good and valuable consideration, in hand
paid, hereby sell and convey to Power Properties, Inc. whose
address is 1717 Olive street, st. Louis, Missouri, the following
real property in the County of pitkin, state of Colorado; to wit:
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Residential site "B", East Cooper court Condominiums,
Pitkin County, colorado, according to the Plat appearing
in the records of the County Clerk and Recorder of Pitkin
County, Colorado, in Book ~ at ,Page ~, and as
defined and described in the Declaration for East Cooper
Court, appearing in such records in Book~;7~ at Page
9.:5'7" ,
with all its appurtenances and warrants title to the same SUBJECT
TO AND EXCEPTING: General taxes for 1.995, payable in 1.996;
reservations and exceptions as set forth in the Deed from the city
of Aspen recorded in Book 90 at Page 1.46 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"; easements, rights of way and
all matters as disclo.sed on Plat of subject property rec:;:~~"ded
A/AZ./& ?:? ' 1.995, in Pl.at Book :~b at Page 98 ;
terms, cond~ tlons, provisions, obligations, easements, restrictions
and assessments as set forth in the Declaration for East cooper
Court Condominiums recorded,A,pJL-/7, 1.995 in Book~ at page~.
SIGNED this
i S~..... day of
I~ F' K..' L.
1.995.
tf~
Robert
~~ ~~~~
Sherrl Darne1.1. Langl.ey ~
P54
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ACKNOWLEDGMENT PAGE TO
GENERAL WARRANTY DEED
STATE OF COLORADO
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) ss.
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COUNTY OF PITKIN
The foregoing Gener~l Warranty
before me this )"b-+h day of AefZ..-\L-
LangJ.ey.
Deed was acknowledged
1995, by Robert Adair
STATE OF
WITNESS ~~s:nd-._and officiaJ.
My co~Oi ~~~'-..i~S:
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NotarY~UbJ.ic ( ,
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COUNTY OF PITKIN
The foregoing General Warranty Deed was acknowledged
before me this I~i-\-'\ day of lJ..eetL. , 1995, by Sherri Darnell
LangJ.ey.
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WITNESS my hand and official seal.
My comm.j..s.:,i~n _,.~,~pires:
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Page 5/5
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT """
CITY OF ASPE:2:::~:r:::: ofCitv of ~;;;;OD;~~:;:;e: r b, ?(tfei~\e s
(hereinafter APPLICANT) AGREE AS FOLLOWS:
~ APPLICANT has submitted ~ anBPlication for
. CtJOASltZ.. Ceu/Z.-T - iT .
(hereinafter, TFl'EPROmCT).
2. APPLICANT understands and agrees lbat City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee SD'UClUIe for Land Use' applications and the pa)l1Ilcnt of all processing fee. is a
condi.tion precedent to a determination of application completeness.
3, APPLICANT and CITY agn:e 1l1at because :of the size, nature or scope of .lbe propo.ed
projec~ it is not possible at thi, time to ascertain the full extent of the costs involved in proc_ing' the
application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT
make payment of an initial deposit and to thereafter permit addition.1 COsts to be billed to APPLICANT on
a monthly basi... APPLICANT agrees addilio.nol CO'lS may ac:crue following their hearings andlor
approvals. APPLICANT agre.. he will be benefited by retaining grater casb liquidity and will make
additional payments upon notification by the CITY when they are nece..ary as costs arc ;ncum:d. CITY
agrees. it will be benefited through the greater certainty of recovering ilS full co.ts to process
APPLICANT'S application.
4. CITY and APPLICANT furlber agree that it is impracticable for CITI' stall'to complete
processing or present &ufficienl information to the Planning Commission and/or City Council to enable the:
Planning Commission and/or City Council to make legally .required findings for projcct consideration,
unless Current billings arc paid in full prior to decision.
"""
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fe... pripr to a detennination of application completeness, APPLICANT sball pay an initial.
deposit in the amount of $ )-, $").1l which is for _ 12:.- .holID of Community Development staff
time, and if actual recorded' costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reimburse the CITY for the processing of the application mentioned above, including
rDst awoval review at a rote of$205.oo per planner hour over the initial deposit. Such periodic payments
shan be made within 30 days of the billing date. APPLICANT 'further agrees that failure to pay such
accrued costs ,hall be groW1ds for suspension of proeessing, and in no CBse will building pcnnits be issued
until all costs assocjated with case proccssing have been paid.
By:
,Tulie Ann Woods
Community Development Director
~~!I. ~ t.'
~, - IO~-:;Q~ . . IfIjW ,~~
CITY OF ASPEN
Billing Address anti T~lepbone Number:
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MEMORANDUM
-
TO:
Aspen Historic Preservation Commission
Joyce Allga~~puty Plarming Director
THRU:
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
426 E. Main Street, Aspen Visitor's Center- Public Hearing
DATE:
January 14, 2004
SUMMARY: The subject property is located on the comer of Main and Galena Streets, adjacent
to the Pitkin County Courthouse. The site is partly occupied by a non-historic building, and
partly vacant.
The proposal is to remodel and expand the structure for use as a Visitor's Center, offices for the
Aspen Chamber Resort Association, and apartments. HPC conducted a work session on this
project during the summer, and Derek Skalko has participated in the development of the project
as HPC's representative 011 the COWOP committee.
Staff finds that the project meets the applicable review criteria and recommends
,~ Conceptual approval as proposed.
APPLICANT: Millenium Plaza LLC and The City of Aspen, represented by Poss Architecture
and Planning.
PARCEL 10: x
ADDRESS: 426 E. Main Street, Unit I-A of the Galena Plaza Condominiums, City and
Townsite of Aspen, Colorado.
ZONING: CC, Commercial Core.
MAJOR DEVELOPMENT (CONCEPTUAL)
The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff
reviews the submittal materials and prepares a report that analyzes the project's conformance
with the design guidelines and other applicable Land Use Code Sections. This report is
transmitted to the HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions and the reasons
for the recommendation. The HPC will review the application, the staff analysis report and the
evidence presented at the hearing to determine the project's conformance with the City of
Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve
I
P59
with conditions, or continue the application to obtain additional information necessary to
make a decision to approve or deny.
.....,
"'~'
Major Development is a two-step process requiring approval by the HPC of a Conceptual
Development Plan, and then a Final Development Plan. Approval of a Conceptual
Development Plan shall be binding upon HPC in regards to the location and form of the
envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application
including its height, scale, massing and proportions. No changes will be made to this aspect of
the proposed development by the HPC as part of their review of the Final Development Plan
unless agreed to by the applicant.
Staff Rcsponse: This property is currently developed with a one story office building. During
the Civic Center Master Plan process, the site was identified as a preferable and more prominent
location for a Visitor's Center than ACRA's current space within the City parking garage. The
City and property owner are partners in the project, which has been reviewed over the past
months by a COWOP citizen committee.
Desil!n Guideline review
Conceptual review focuses on the height, scale, massing and proportions of a proposal. A list
of the design guidelines relevant to Conceptual Review is attached as "Exhibit B."
The prope11y is located at the edge of the Commercial Core Historic District, on a block that has
no historic resources. The Courthouse is the only landmark structure that will be in any way
impacted by the new building.
~
....,.p;<
Staff finds that the architects have done an excellent job of meeting the design guidelines. The
structure has all of the important qualities that we have indicated are desired in a downtown infill
structure, and manages to be very respectful of typical characteristics of the 19'h century
architecture in town, but also new and innovative. The height, scale, massing, and proportions of
the building are appropriate and staff does not find that there will be any diminishment of the
visibility or character of the Courthouse. The applicant has provided a thorough explanation of
how they have met the guidelines within their application and staff does not disagree with their
assessment. Staff recommends Conceptual approval be granted to the project as proposed.
DECISION MAKING OPTIONS:
The HPC may:
. approvc the application,
. approve the application with conditions,
. disapprove the application, or
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. continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
RECOMMENDATION: StaffrecOlllillends the project be granted Conceptual approval with no
conditions other than the standard timeframe required to submit for final review.
J. An application for final review shall be submitted for review and approval by the HPC within
one year of January 14, 2004 or the conceptual approval shall be considered null and void per
Section 26.415.070.D.3.c.3 of the Municipal Code.
A. Staff memo dated January 14, 2004 .
B. Relevant Design Guidelines
C. Application
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"Exhibit B: Relevant Design Guidelines for 426 E. Main, Conceptual Review"
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Relationship to the Towll Grid
13.1 Respect the established town grid in all projects.
D Maintain the aligmnent of streets and alleys whenever feasible.
13.2 Orient a new building parallel to its lot lines, similar to that of traditional building
orientations.
D The front of a primary structure shall be oriented to the street.
13.3 Orient a primary entrance toward the street.
D Buildings should have a clearly defined primary entrance. For most commercial
buildings, this should be a recessed entry way.
D Do not orient a primary entrance to an interior court.
D Providing secondary public entrances to commercial spaces is also encouraged on larger
buildings.
Alleys
13.4 Develop alley facades to create visual interest.
D Use varied building setbacks and changes in materials to create interest and reduce
perceived scale.
D Balconies, court yards and decks are also encouraged.
D Providing secondary public entrances is strongly encouraged along alleys. These should be
covered or protected and clearly intended for public use, but subordinate in detail to the
primary street -side entrance.
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Building Setbacks
13.8 Maintain the alignment of facades at the sidewalk's edge.
D Place as much of the facade of the building at the property line as possible.
D Locating an entire building front behind the established storefront line is inappropriate.
D Where a portion of a building must be set back from the sidewalk, use landscape elements
to define the sidewalk edge.
Mass and Scale
13.9 Maintain the average perceived scale of two-story buildings at the sidewalk.
D The design of a 3-story building should in some way acknowledge the 2-story character of
the downtown.
D Floor-to-floor heights should appear to be similar to those seen historically. In particular,
the windows in new construction should appear similar in height to those seen
traditionally.
13.10 True three-story buildings will be considered on a case-by-case basis.
D In general, a proposed three-story building must demonstrate that it has no negative impact .......,
on smaller, historic structures nearby.
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D The height and proportions of all facade components must appear to be in scale with nearby
historic buildings.
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13.11 Consider dividing larger buildings into "modules" that are similar in width to
buildings seen historically.
D Where buildings are plalmed to exceed one lot width, use a change in design features to
suggest the traditional building widths. Changes in facade material, window design,
facade height or decorative details are examples of techniques that may be considered.
These variations should be expressed throughout the depth of the structure .such that the
composition appears to be a collection of smaller buildings.
Building Form
13.12 Rectangular forms should be dominant on Commercial Core facades.
D Rectangular fonns should be vertically oriented.
D The facade should appear as predominantly flat, with any decorative elements and
projecting or setback "articulations" appearing to be subordinate to the dominant form.
13.13 Use flat roof lines as the dominant roofform.
D A flat roof, or one that gently slopes to the rear of a site, should be the dominant roof fornl.
D Parapets on side facades should step down towards the rear of the building.
D False fronts alld parapets with horizontal emphasis also may be considered.
13.14 Along a rear facade, using building forms that step down in scale toward the alley is
encouraged.
D Consider using additive. forms, such as sheds, stairs and decks to reduce the perceived
scale. These forms should however, remain subordinate to tile primary structure.
D Use projecting roofs at the ground floor over entrances, decks and for separate utility
structures in order to establish a human scale that invites pedestrian activity.
Storefront Character
13.15 Contemporary interpretations oftraditional building styles are encouraged.
D A contemporary design that draws upon the fWldalnental similarities among historic
buildings without copying them is preferred. This will allow them to be seen as products
of their own time alld yet be compatible with their historic neighbors.
D The literal imitation of older historic styles is discouraged.
D In essence, infill should be a balance of new alld old in design.
13.16 Develop the ground floor level of all projects to encourage pedestrian activity.
D Consider using storefronts to provide pedestrian interest along the street. Storefronts should
maintain the historic scale alld key elements such as large display windows and transoms.
D Large storefront display windows, located at the street level, where goods or services are
visible from the street, are particularly encouraged.
D The primary building entrance should be at street level. "Garden level" entrances are
inappropriate.
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13.17 Maintain the distinction between the street level and the upper floor.
o The first floor of the primary facade should be predominantly transparent glass.
o Upper floors should be perceived as being more opaque than the street level. Upper story
windows should have a vertical emphasis.
o Highly reflective or darkly tinted glass is inappropriate.
o Express the traditional distinction in floor heights between street levels and upper levels
through detailing, materials and fenestration. The presence of a belt course is an
important feature in this relationship.
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Repetition of Facade Elements
13.18 Maintain the repetition of similar shapes and details along the block.
o Upper story windows should have a vertical emphasis. In general, they should be twice as
tall as they are wide.
o Headers and sills of windows on new buildings should maintain the traditional placement
relative to cornices and belt courses.
13.19 Maintain the pattern created by recessed entry ways that are repeated along a
block.
o Set the door back from the front facade approximately 4 feet. This is an adequate amount to
establish a distinct threshold for pedestrians.
o Where entries are recessed, the building line at the sidewalk edge should be maintained by
the upper floor(s).
o Use transoms over doorways to maintain the full vertical height of the storefront.
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Detail Alignment
13.20 The general alignment of horizontal features on building fronts should be
maintained.
o Typical elements that align include window moldings, tops of display windows, cornices,
copings and parapets at the tops of buildings.
o When large buildings are designed to appear as several buildings, there should be some
slight variation in alignments between the facade elements.
13.21 Special features that highlight buildings on corner lots may be considered.
o Develop both street elevations to provide visual interest to pedestrians.
o Corner entrances, bay windows and towers are examples of elements that may be
considered to emphasize corner locations.
o Storefront windows, display cases and other elements that provide visual interest to facades
along side streets are also appropriate.
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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
RECOMMENDING MAJOR DEVELOPMENT (CONCEPTUAL) APPROVAL FOR
THE PROPERTY LOCATED AT 426 E. MAIN STREET, UNIT I-A OF THE GALENA
PLAZA CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. _, SERIES OF 2004
PARCEL ID: x
WHEREAS, the applicants, Millenium Plaza LLC and the City of Aspen, represented by Poss
Architecture and Plmming, have requested Major Development (Conceptual) for the property
located at 426 E. Main Street, Unit I-A of the Galena Plaza Condominiums, City and Townsite
of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" mld
WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 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, Amy Guthrie, in her staff report dated January 14,2004, performed an analysis of
the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and recommended approval with
conditions; and
WHEREAS, at their regular meeting on January 14, 2004, the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and "City of Aspen Historic Preservation Design Guidelines" and approved the
application by a vote of _ to _'
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grmlts approval for Major Development (Conceptual) of the Aspen Visitor's
Center with the following condition:
1.
An application for final review shall be submitted for review and approval by the
HPC within one year of January 14, 2004 or the conceptual approval shall be
considered nullmld void per Section 26.415.070.D.3.c.3 of the Municipal Code.
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APPROVED BY THE COMMISSION at its regular meeting on the 14th day of January,
2004.
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Approved as to Form:
David Hoefer, Assistant City Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Jeffrey Halferty, Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk
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December 18, 2003
Amy Guthrie
City Historic Preservation Officer
City of Aspen
130 South Aspen
Aspen, Colorado 81611
Re: Conceptual HPC Application; Main and Galena
Dear Amy,
This letter is a formal request to the Historic Preservation Committee to consider our
application for a conceptual review of the above referenced project.
Project Location
The project is located at 426 East Main Street in Aspen. The legal description of the
property is Unit I-A of the Galena Plaza Condominiums as described in Book 49 at Page
82.
Existin~ Conditions
The existing development on the property consists of a two level commercial building.
The structure appears as a single story from Main Street. However, a garden level opens
out onto a sunken courtyard not visible from the street. The total building size is
approximately 3,000 gross square feet. All of the exterior walls are faced with brick. The
building has a flat roof and is connected to the adjacent US Bank building by a bridge.
The eastern tl1ird of the property is undeveloped and contains a lawn area of
approximately 1,200 square feet.
ProDosed DeveloDment
This project has been the subject of a series of meetings within the city's COWOP
process. It is a joint project involving the city and the property owner, Millennium Plaza,
LLC., to implement a portion of the ongoing Civic Master Plan. This site was identified,
by the city, as the desired location for a new visitors' center. The city then contacted the
owner who agreed to participate in the COWOP process.
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The proposed development is shown on the enclosed conceptual plans. As you will
notice, the visitors' center is proposed for the southeast corner of the project. This is the
portion of the parcel that is presently undeveloped and provides the highest level of
605 EAST MAIN STREET ASPEN, CO 81611 It I 970/925-4755 (f) 970/920-2950 WWW.BILLPDSS.CDM
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visibility. The existing office space on this level will be modified to include more
windows facing Main Street. Above the street level will be two levels of residential space.
The present plans call for these levels to be divided into three residential units. Access
to the top floor unit will be via a stairway and an elevator in the northeast corner of the
project. Access to the second level units will be via a stairway on the west side of the
project. The garden level of the project will include office space for ACRA and two
additional residential units.
The principal building materials include a palette of brick, native stone, weathered metal
panels, and contemporary iron detailing. The massing has been designed to compliment
without detracting from the Pitkin County courthouse, the neighborhood's significant
historic resource. When viewing the project from Main Street, the western section of
the project has a strong two level base to carry the line of the existing US Bank building.
The third level will be constructed of iron and glass and appear much lighter. The
visitor center is given its own identity and contains a roof shape that not only acts as a
marker but also directs the viewer's attention to the much taller courthouse. The two
sections of the building are separated by a lower hyphen element giving each a separate
identity. On the Galena Street elevation, the Visitor stands out and the entrance to the
residential units is downplayed.
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Conformance with Review Criteria and Guidelines
According to the chart of page iv of the "City of Aspen Historic Preservation Design
Guidelines" this project is subject to the guidelines contained in the introduction as well
as chapten 11, 13, and 14. This section will address this proposed project with respect
to each of these standards.
Chaoter 11 - New Buildings on Landmark Lots/Historic Lot Solits
This chapter deals with new construction on historic properties. However, since the
proposed Main and Galena project is not located on a landmark lot and does not
involve a historic lot split, the standards contained in this chapter do not apply.
Chapter 13 - Design in the Commercial Core Historic District
13.1 Respect the established town grid in .all projects. The Main and Galena project
respects the alignment of and is parallel to both Main and Galena Streets.
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13.2 Orient a new building parallel to its lot lines, similar to that of traditional building
orientations. The front of the proposed project is oriented towards Main .Street.
All of the building lines are parallel with the lot lines.
13.3 Orient a primary entrance toward the street. The primary entrance for the visitors'
center and the remodeled commercial space to the west will face Main Street. Both
commercial spaces and the residential spaces will have secondary entrances along
the sides. The main entrance to the visitors' center is recessed back from the
building line. The remodeled commercial space entry will not be recessed since the
foundation walls are already in place. The ability to recess this entry, waterproof the
lower level, and maintain an accessible entry at grade is almost impossible because
of the existing foundation walls.
13.4 Develop alley facades to create visual interest. The subject property has very little
alley frontage. The principal construction activity does not impact the alley.
However, a one-story open carport is proposed for the small section of the property
that does front the alley. This carport is proposed to be approximately 18' wide
and 24' feet deep. In order to accommodate windows and vents from the existing
apartment building, the strucnue will consist of simple columns and a flat roof.
13.5 Retain the character of the alleys as part of the original town grid. AI; mentioned
above, this property has very little alley frontage and will not alter the character of
the existing alley. The only change proposed related to the alley would be the
carport described above which would be located over the existing two parking
spaces.
13.6 Reserved
13.7 Reserved
13.8 Maintain tl1e alignment of the facades at the sidewalk edge. The existing building
is located at the sidewalk edge. The proposed Main and Galena project keeps this
alignment in place. In addition, the addition containing the visitors' center also
aligns with the sidewalk edge.
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13.9 Maintain the average perceived scale of two-story buildings at the sidewalk.
Though the proposed building is three stories high above main street, the lower
two levels provide a strong base that relates to the US Bank building to the west.
The corner containing visitor center is taller and relates to the much taller
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courthouse building to the east. It should be noted that the height limit in this
zone district is forty feet. We are not requesting any variances and in fact are
under the height limit for the entire project.
13.1 0 True three-story buildings will be considered on a case-by-case basis. Since this
project is located in a transitional location between the two-story US Bank
Building and the much taller Pitkin County Courthouse. We request
consideration under this standard. As mentioned above, we are under the allowed
height limit. In addition, the architecture has been designed with a strong two-
story base so as to relate to the two-story US Bank Building to the west. The third
level appears much lighter with its iron and glass detailing. The lightness allows
the third level to appear secondary to the two-story base.
13.11 Consider dividing larger buildings into "modules" that are similar in width to
buildings seen historically. The project has been designed so that when viewed
from Main Street there is a "hyphen" between the existing building and the
proposed visitors' center.
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13.12 Rectangular forms should be dominant on commercial core facades. The western
portion of this building has been designed with this standard in mind. The visitor
center is designed to take advantage of its corner location and create a marker to
enhance the visibility of the visitors' center of the project.
13.13 Use- flit roof lines as the dominant roof form_ While this standard is appropriate
for the vast majority of the Commercial Core Historic District, this property lies on
the extreme northern edge of the district and neighbors such as the courthouse,
Catholic Church rectory, and the recently remodeled apartment just to the north
do not adhere to tl1is standard. The Main and Galena project is proposing a series
of varied roof shapes designed minimize the bulk of anyone element and create
interest. When viewed from Main Street, however, the building will appear to
have a flat roof.
13 .14 Along the rear fac;ade, using building forms that step down towards the alley is
encouraged. As mentioned earlier, no portion of the principal structure will front
the alley. Only a small, one-story, carport is proposed.
13.15 Contemporary interpretations of traditional building styles are encouraged. The
architecture of the Main and Galena project will in no way imitate traditional
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architecture. The materials take their cue from the traditional palette, but their
use, massing, and detailing should be considered contemporary.
13 .16 Develop ground floor level of all projects to encourage pedestrian activity. The
proposed visitor center is an intense use by definition. The inclusion of this center
in the project will be an asset to the activity on the corner. In addition, the
existing building will be remodeled to include storefronts at the lower level.
Presently, there all only a few windows in a mostly brick wall. This remodel should
allow this space to be more attractive to a variety of commercial uses. The
entrances to both the visitors' center and the remodeled commercial space are at
the Main Street Level.
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13.17 Maintain the distinction between the street level and the upper floor. The Main
and Galena project has been designed with storefront windows facing all streets.
The existing commercial space will be remodeled to include storefront glass. The
windows on the second level draw their vertical proportions and spacing from
traditional architecture. Banding and belt course details will be used to express the
traditional distinctions in floor heights. No highly reflective or darkly tinted glass
will be used in the project.
13.18 Maintain the repetition of similar shapes and details along the block. Both the
US Bank Building and the Pitkin County Courthouse contain vertically
proportioned windows on the second levels. The proposed Main and Galena
project will utilize similarly proportioned windows on the second level.
Contemporary interpretations of headers, sills, and cornice details are also
proposed.
13.19 Maintain the pattern of recessed entryways that are repeated along the block. Ai
stated previously, the main entry to the visitors' center is recessed from the
building edge and the majority of the building including the second level is at the
sidewalk edge.
13.20 The general alignment of horizontal features on building fronts should be
maintained. The horizontal features of the Main and Galena building will be in
alignment. These features include the storefronts, window headers and sills, belt
coursings, and cornices.
.......
13.21 Special features that highlight buildings on corner lots may be considered. Since
this property is a corner lot and the visitors' center should, by definition of use,
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have a high visibility, we are proposing a corner element that relates to both Main
Street and Galena Street. This corner element also acts as an anchor and a draw to
an extremely prominent corner within the town grid. To set this element apart
from the remainder of the building, there is hyphen visible from Main Street. In
addition, the material and detailing of the corner element becomes more
contemporary on the upper levels.
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Chapter 14 - General Guidelines
14.1 These standards should not prevent or inhibit compliance with accessibility laws.
The owners of the Main and Galena building intend to conform to all aspects of the
Americans with Disabilities Act regulations.
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14.2 Generally, a solution that is independent from the historic building and does not
alter its historic character is encouraged. As there is no existing historic resource on
site, the conformance with the Americans with Disabilities Act regulations will not
involve a historic building.
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14.3 Keep color schemes simple. Our color scheme will be simple. Natural masonry
with a mixture of similar metals will call attention to the massing and details in a
quiet and subtle way.
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14.4 Coordinating the entire building in one color scheme is usually more successful
than working in a variety of palettes. The Main and Galena project will use a single
coordinated color scheme. Color will not be used to create interest among the
different building elements. Rather, massing is used to create interest and establish
the visitors' center as a corner marker.
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14.5 Develop a color scheme for the entire building front that coordinates all the fac;ade
elements. The color scheme for this project has been developed as a coordinated
scheme. No highlighting of fac;ade elements through the use of an uncoordinated
color is planned.
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14.6 Exterior lights should be simple in character and similar in color and intensity to
that used traditionally. Exterior light fixtures will be contemporary in nature and
compliment the exterior architecture. They will all have shielded light sources.
The level of light will be the minimum allowed by the building code.
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14.7 Minimize the visual impacts of the site and architectural lighting. All site and
exterior lighting will conform to the city's lighting guidelines. All light sources will
be shielded. Light sources will be located just above the first level to minimize
excessive off site light spill. We are not proposing to wash the entire fa<;ade with
light.
14.8 Minimize the visual impact of light spill from a building. All exterior lighting will
have shielded sources and be located and directed to not shine off the property or
onto public right-of-ways.
14.9 Use the gentlest means possible to clean the surface of materials and features. This
project does not involve the cleaning any existing materials or features.
14.10 Repair deteriorating primary building materials by patching, piecing-in,
consolidating or otherwise reinforcing the material. This project does not involve
the repair of any deteriorating building materials.
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14.11 Plan repainting carefully. This project does not involve repainting.
14.12 Provide weather-protective finish to wood surfaces. All wood surfaces will have a
weather-protective finish applied as part of the construction process.
14.13 Leave natural masonry colors unpainted where feasible. We are not proposing to
paint any masonry on the Main and Galena Building.
14.14 Minimize the visual impacts of service areas as seen from the street. The Main and
Galena Building will have no service areas visible from the street. Trash is
currently off the alley and will remain unchanged.
14.15 Minimize the visual impacts of mechanical equipment as seen from the public
way. Given the small size of this structure, there will not be a great deal of roof
top equipment. Any roof top equipment that is required will be screened from
street view by parapet walls. No thru wall equipment is proposed.
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14.16 Locate standpipes, meters, and other service equipment such that they will not
damage historic fa<;ade materials. There are no existing historic facade materials
in the project. The standpipes will be located in coordination with the fire
marshal. All other service equipment will be located on the north elevation.
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Where allowed, remote reads will be utilized if they will minimize the visual
impact of the service equipment.
14.17 Design a new driveway in a manner that minimizes its visual impact. This project
does not involve a driveway.
14.18 Garages should dominate the street. This project does not involve a garage.
However, there is proposed, a small carport that is accessed from the alley and is
not visible from either Main Street or Galena Street.
14.19 Use a paving material that will distinguish the driveway from the street. This
project does not involve a driveway.
14.20 Off-street driveways should be removed, if feasible. There is no driveway currently
on the property.
14.21 For existing driveways that cannot be removed, provide tracks to a parking area
rather than paving an entire driveway. There is no driveway currently on the
property.
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14.22 Driveways leading to parking areas should be located to the side or rear of a
primary structure. The only parking area is the existing two-space lot off the alley.
No change is proposed to this arrangement.
14.23 Parking areas should not be visually obtrusive. The only existing parking area, the
two spots off the alley cannot be seen from the street. No new parking areas are
planed.
14.24 Large parking areas, especially those for large commercial and multifamily uses,
should not be visually obtrusive. The only existing parking area, the two spots off
the alley cannot be seen from the street. No new parking areas are planed.
14.25 Locate signs to be subordinate to the building design. The signs for the
identification of visitors' center and the tenants of the commercial space will be
integrated into the architecture. The visitor will have signage visible from both
Main Street and Galena Street. The commercial tenants will have signage visible
from Main Street. All signs will be attached ditectly to the building. All signs will
conform to the city's signage code.
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14.26 Sign materials should be similar to those used historically. The materials used for
the signage will compliment the materials used on the building. Principal
materials will be metal brackets and metal letters. While highlighted for visibility,
the color of all signage will compliment the building.
14.27 Use signs to relate to other buildings on the street and to emphasize architectural
features. A survey of the immediate neighborhood shows that all but one business
utilizes signage affixed directly to the building or graphics on an awning. It is
anticipated that the Main and Galena Building will follow this lead.
14.28 Pictographic symbols are encouraged on signs. The design of the sign content will
be up to the individual tenants. The building covenants will dictate the location
size, style and general color of all signage.
14.29 llluminate a sign such that it compliments the overall composition of the site. All
signage on the project will be illuminated in such way so that the light source is
shielded. In addition, any illumination of the signage will be designed to
illuminate only the signage.
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Residential Design Standards
!tern 14 of the key attached to the "Matrix of the City of Aspen's Historic Preservation
Land Use Application Requirements" requires verification that the proposal complies
with Section 26.4 20, Residential Design Standards, or a written request for a variance
from any standard that is not being met. However after discussions with the city staff,
we concluded tl1at since this is a joint application made by the city and Millennium
Plaza, LLC. and the project is being reviewed within the city's COWOP process we
intend to address the residential design standards during the PUD portions of tl10se
discussions.
If you have any questions about the information contained within this letter, please do
not hesitate to call. We look forward to discussing this project with you and the Historic
Preservation Committee on January 14, 2004.
Sincerely,
Bill Poss and Associates Architecture and Planning, P.c.
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By: Kim Weil
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14.26 Sign materials should be similar to those used historically. The materials used for
the signage will compliment the materials used on the building. Principal
materials will be metal brackets and metal letters. While highlighted for visibility,
the color of allsignage will compliment the building.
14.27 Use signs to relate to otl1er buildings on the street and to emphasize architectural
features. A survey of the immediate neighborhood shows that all but one business
utilizes signage affixed directly to the building or graphics on an awning. It is
anticipated that the Main and Galena Building will follow this lead.
14.28 Pictographic symbols are encouraged on signs. The design of the sign content will
be up to the individual tenants. The building covenants will dictate the location
size, style and general color of all signage.
14.29 Illuminate a sign such that it compliments the overall composition of the site. All
signage on the project will be illuminated in such way so that the light source is
shielded. ln addition, any illumination of the signage will be designed to
illuminate only the signage.
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Residential Desi2n Standards
Item 14 of the key attached to the "Matrix of the City of Aspen's Historic Preservation
Land Use Application Requirements" requires verification that the proposal complies
with Section 26.420, Residential Design Standards, or a written request for a variance
from any standard that is not being met. However after discussions with the city staff,
we concluded that since this is a joint application made by the city and Millennium
Plaza, LLC. and the project is being reviewed within the city's COWOP process we
intend to address the residential design standards during the PUD portions of those
discussions.
If you have any questions about the information contained within this letter, please do
not hesitate to call. We look forward to discussing this project with you and the Historic
Preservation Committee on January 14, 2004.
Sincerely,
Bi Poss and Associates Architecture and Planning, P.c.
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December 17, 2003
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Amy Guthrie
City Historic Preservation Officer
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Conceptual HPC Submission; Main and Galena
Dear Amy,
The above referenced project is proposed to be located on the property as described
below:
Legal Address:
Street Address:
Parcel ID No.:
Unit I-A.; Galena Plaza Condominiums; Book 49 at Page 82
426 East Main Street
273707322015
The owner of the property is Millennium Plaza, LLC. the address of which is as follows:
...
Millennium Plaza, LLC.
c/o Lowell Meyer
P.O. Box 1247
Aspen, Colorado 81612
970.920.2377
The following firm is authorized to act of behalf of the owner with respect to this
application:
Poss and Associates Architecture+ Planning
605 East Main Street
Aspen, Colorado 81611
970.925.4755
Please feel free to contact me if you have any questions.
Sincerely,
~~
Lowell Meyer
Owner/Manager
'0".",",
P77
DEC-17-03 WED 03:b7 PM Neiley & Alder
FAX NO, 970+925+9396
p, 02/08
C"~~
,
}-:-i;;aJ{y-R;aioilaFDtle lii5~I/rliijce COlnpany
A :->l\xh ('(jtllj1:lnY
Own~r's Policy of Tit!e I!.1surance -
Policy Number 1312- 211933
OWNER'S POLICY OJ? TITLE INSURANCE
SUlrJi>'CT TO TIlE RXCf.USlONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE
C()NJ'MNFfJ IN scm,DULf: n AND TIlE CONDl110NS /lND STIPULATIONS, FIDELITY NATIONAL
TITUi' iNSURANCE COMPANY. a Cali/omia corporLllion, herein called Ihe Company, insures, as afDare
(!i J't)licy SIIOWII in Sclienuli.. A, llgaillsllos~' or damage. not exceeding lhe AmOlinl of InsZtrance stared in
Sciledll/r:.-1, SIlJWinNI 01' il/cl(rr~d by the insured by reasoll of:
1. iille to Ilw ('stalc or illtcrt'SI described ill Schedule A being vesred oIlier IlIall as slaled Thereill;
7., I11<Y {f<f'::CI in or Iiell or enclimbrance on till! tir/e;
3. U/lJllalk"labilily oj rhe lille;
..;, !.ack of II right of CI,CceSS TO amIJrom rllC llllld.
n,,; CompuilY will aim pay Ihe COSTS, mlOme)lS' Jees and e.'pellses inc1lrred ill defellse of Ihe TiTle. as
illS"!',,,"'. bill villy 10 Ihe ex/em I'rr.J>'ided i/1 rile COlldilions and STipulations.
IN Wl'l'NESS \vfWREOF- FJ/)HUTY NATJONM. TITLE INSURANCE COMP/lNY has caused This policy
TO I,,' siglied ami spalcd by its dilly allthorized officers as of Dart! of Policy shown ill Schedule A.
-,
I" .' ~ j'jUt;., c:~ullty'l'jll.." la.e.
~ Oft! }:_ Ifl)pkibS A"l!. 3j'fl F1o~u'
" '. A;o>~ea~ (',ol)ltlr~dj,lo ~J(H I
SJ, .~: 9'UI-'!1'.t.:'i-17f.ttJ/97i)-92!l.(l!i:.!7 J.'a.x
:I ",
, ',' , .,' H17-2' 11.:H5~ 'l'aU FJ'lI:l~
Fid,;y/ity National Title Insurance Company
8."
-,,,/ (",r"
7!;fi/;f-:J( (
Al1~5T ,--
~~ ~-~~ s,,""~
Prrc'eC/1j
CClll[\kn,ir,ii.\~d: . .
'_.,-...,
".
P7l!:o;i',,"i,i'2"-----' .------.-
DEC-17-03 WED 03:57 PM Nei ley & Alder
FAX NO, 970+925+9396
p, 03/08
'iCHEDULE A-OWNER'S POLICY
,..".,
CAS" NUMBER
PCI '11;33:1C?
DATE 01-' POLICY
M~rch 7, 2003 @ 3:09 PM
AMOUNT OF INSURANCE
$1,100,000.00
POLICY NUMBER
1312-211933
-
1, W.W, Or: INSURED;
Mill i:NNILJM PLAZA LLC
2, TI1[, ~:STATE or~ INTERI:ST IN TI-IE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN n,r:: SIMPLE
3. TIll' ES r^Tf OR INTEREST RCFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
MII..U:NNll1M PLN:^ LI.C
1\, TI W LAND RE'Ff:RRED TO IN THIS POLICY IS SITUATED IN THE COUN1Y OF PITKIN, STATE OF
COLOr~^nO AND IS DESCRmm AS FOLLOWS:
lJUIT 1-A, AMccNDED PLAT OF UNIT ONE, THE GALENA PLAZA CONDOMINIUMS SUBDIVISION
FX ['MP fJOCJ PLA 1', according to the Condominium Map thereof recorded May 17. 1999 in Plat BooK 49 at
F'i~,')-: 82 and describarl in Condominium Declaration for Galena Plaza Condominiums recorded February
22. 1994 in !Jook 742 8t Page 497 <'1M Supploment to Condominium Declar~tion ofTI1e Galena Plaza
Condominiums tMreof recoldod May 13, 1999 as Reception No. <131031.
.""-",,
':1'"
II .1"
',I" '.'(:
,.
:: '111, .! :', I
Ir "
I '" ,
PiTKiN COUNTY TITLE. INC.
601 E.JJOPKINSAVF..
^"'>I'r.N. COLOI~1\1.l0 81611
('ml) 92S-176f./ (')70) .925-C527 FAX
" .r" ,I'" ..
1 Ki: pt)llr,y l'iUMU~R ol-lrJWN ON TI-IIS SCi'IEDIJLE MUST ACREE Win, THE PREPRINTED NUM!lER ON TKE COVER SHe!;T.
"".....
P79
DEC-l1-03 W~D 03:bl PM Neile, & Alder
rAX NU, ~IUt~~bt~J~D
~, U4/UtJ
SCHEDULE B-OWNERS
--.
CA:',f: NUMRf-:R
PC'l'H3E:3C2
DATE OF POLICY
March 7, 7.003 @ 3:09 PM
POLICY NUMBER
1312-211933
TlilS POLICY DOES NOT INSURE AGAINST lOSS OR DAMAGE BY REASON OF THE FOllOWING:
1. Hight., Dr c1~irns of p~rtios in possession not shown by the public records.
2. r",,'()ments, or cluims of o<:l5"mOnI5, not shown by the public records.
3. r>hc.repDncics, conRicts in bour,dary lines, shortage in area, encroachments. any facts which a correct
o\:lV"Y (',nrJ inspoction of the pre.mises would disclose and which are not shown by the public records.
4. Ar,y !i,)I\, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
;)nd n,Jt "ho\\'n l:Jy tile public records.
5. ',N3[or hghts, cl<:iims or tHle to w3ter.
C. "~IXC,S dLle :1nd paynble.
'1. R":;,-'[VCllio/'i; ~nd exceptions <IS set forlh in the Dead from the City of Aspen recorded in Book 59 at Page
providing as follows: "That no tille shall be h~reby acquired to any mine of goid, siiver, cinnabar or copper or to any
v31id mining claim or po~.$cssion held under existing laws".
e. Tc'l'IM. conditions, oblig<1tions and ail matters as set forth in Statement of Exception from the Full Subdivision
Prc,ce?. fe'corded Febru@ry 22, 1904 in Rook 742 at Page 469.
O. T ("rmo, cClllditions, provisions, obligations, casements, restrictions and assessments as set forth in the
Cond'llninium Declaration for T~le Galena PlaZa Condominiums recorded February 22,1994 in Book 742 at Page
'19/ find Supplomnnt to Condominium Decimation recorded May 13,1999 as Reception No. 431031, deleting
lI'Ii:'f(,fmm <>ny r~"trictions indicating preference. limitation or discrimination based on race, color, reli9ion, sex, --.
IToIKlicnp, hrnilial ~.btLls or nalional origin.
'10. r;,,~r"n"nts, rights of way and.,1/ ma1ters as disclosed on Plat for THE GALENA PLAZA CONDOMINIUMS subject
prof'(:iI.y fcconJod Fel:J(umy 22, 199.1 in Pial Book 33 <:It Page 89 and Amended Plat recorded May 17, 1999 in Plat
Do"l( IlU at P8!JO 82,
'11. ., fJnn~, cQ/1eJilions, provisions <:1nd oblig3tions as set forth in Assignment and Assumption of Leases recorded
fclJll.lfirY 22, 1 <19-1 in !:look 742 at Page 524.
12. Tel !'ns, CO/1t1ilions, provisions and ob1ifl'1tiol1s "5 set forth in Development Rights Transfer rec,?rded February 22,
1(,,1~H in Book 742 <1t P~ge 526,
13. TNlns, cDnditions, provision~, obligations and all matters as set forth in Ordinance No. 64, Series of 1993 by
A"pr'l1 City Council re-cord"d M:lrch 16, 1994 in Book 744 at Page 629.
14. T"(I",,, conclitions, provisions and obligations as set forth in Agreement recorded May 19,1999 as Reception No.
<l3131G.
15. F^i.~tjtlg I021$GS anc.i ten3ncic:s.
(Cr>nlinucd)
-..,
P80
-
-
-
-
-
-
DEC-li-03 WED 03:57 PM Neiley & Alder
FAX NO, 970+925+9396
p, 05/08
('OLlCY NO. 1312-211933
CA~>i'" NO. PCT'1~383C2
SCHEDULlJ H-OWNERS -EXCEPTIONS--CONTINUED__
If). TnrCols, conditioCos. provisions (lnd obligations as set forth in Fire Hydrant Easement Agreement recorded
S(,rt,:mber 13, 1999 (IS Reception No. ~35426.
17. [Jorcr) ofTrust from : GAL.ENA Pl.AZA, LLC
T(lllil~ Public Trustl'o of the County of
~c.r tho Use of : COL.O(,ADO NATIONAL BANK ASPEN
Or;9inal Amount : $850,00000
Dr,I;::r.! : JunG 14, 1996
r~r:'c()rdcd ; June 25, 1996
Fkcc:plion No. : 39~018
P8l
DEC-17-03 WED 03:58 PM
Nei ley" Alder
FAX NO, 970+925+9396
p, 06/08
llXCLUSIONS mOM COVERAGE
"I in: f(J]}(\,~'ja~ r':'.l!UT~; ~J't:' c.\.'-'l"l'I>!:Iy c-u:ludc<1 rrunl the f'(r\'cl"3tt of lhis polky and the COln,)Duy will not pay loss or damage, fosts, altorIlcy.~1 ~o
(:J..pll~,lr:i \~'lit,'lJ :lri,q' h,V rt'jl5l)ll (If:
I. (.1) ,\nr lw.~, [jl din.I:lC::c- \lr gonrtnlH:lll.Ll1 n~nJJlicm (includiug bUl flot limited to buildinc iloll 2.oning l:twsJ ordinRnccs, or rf'r.ul;'ltjo~HI') n..':>fflct
lZli':. Il'l~LJ1.:l1jl~1', pruhibHiJlf, IH rd~tin~ tn (i) llH.' ~crl1panr:YI U.~C, or enjoyment of the hmd; (ii) the charac:ter, dimension,; 01' IOclllion or :'11l:
h~l(lrO,,~'\w:nt 1~IJW Or IUTr.;\f!Cf t:rrct,'(l on the 1:ln\l; (Iii) :. l'icpi'lra1ion in oWI\('nhip Dr a cb:J.ngc In the dimensions or :ire:! or lhe bnd (If an;
p:ll rl"l (.f ,rhirJ1 lhe Illoo1 is 0. W;05 n partj or (Iv) envirollmental prorrclhm. or tbe effect of nny vIoli\tlOll ur thest la.w~, ordinance," 01
r.O\'{'(,llll~I'lH;jl rCl-~ublilll~~1 tXl.tpt to tht ,,~tcnl thOlt I.l Dalke of 1111~ cnrOTCl'nll:/11 thereof or :l no lice of i\ defecl., lien or encumbrance rCJo:ultinj
(I'll III 11 "i('.laHul1 i,r nllcgl-cl l'ltll:HiulI :J.f(crlh~A lhL: bU'IT h:l.~ bc~n rtconled In the public rccurd.~ at D:llt of l'aliC'y.
(t.) AIL'J l:i,V,'.'JI..:c-ul.?' pllli:=c: ptn'!'I'I' 110l ~'xrhH'ctl 11J' (a) nbo\'c. l:XC"rpt to Lh~ cxl....'\( that 1l. notict or the l"nrcisc ihcrrof Ot'" :) notiC'c of:i rlcrC'Cl, liC't
Of '~l~f.L:~I.I.i;l[H'" 1'{'.~ulLir,c fr(JlIl;J vjnl,UlOll Clr :I11C'j:C'd ,'iol:itlon ."UccJ.ing lhe I3nrll13S beC'n TccClrded in lhll' public rccorrls at 1J:l.tc oC Policy.
.1, lU.!:\)1~ c.f f":\J:;\l:nt <J\J\.I:!.in '1.,lt~s n"Urc rlr tht. cl'('rChL' lilt'nor hns been rrcordcd in the )JubliC' l't'tords at Dnrc ot Ptllil:Y, but I10l cxdudillg {ron'
w"u:J~C: nu~' !:lkif1g which l\ds o('C\lfnd ptlnr (0 D:llt ul' foUty which would be binCliJ)g un lhe r.lghtl\ ot:l plITchastr tnr value without li110wh:llsc
,1. J)i'rt'Cl~~j (;rl',,:, {UF;um:,I'<lllrCS, n(\"ti'St C'I:lintS or ulher m:).ltec~:
{.II ('fl':HI'tt s,lff.:'u,i, QssulU.:.d oPT :l~rt'c:d 10 by Lhe! ins\ln'U c1:.1imi1ot;
(I;) wI! IWi!\rU tII Illl' Camp:l!'.l}', Jjtl( nC(Jl'dl'l] lu the p1l111ic tec;;:ord.$ ,I[ lhlll! of Policy, but known Lo lhe JnsuTc:d c1aiUli1ot nlld noL disclosed in \l't'Jtill,:l
(I) rh< (~!I....'l.:):lll)' l)y nJC I,)';und rl;llm;'lltt priM 10 lhl.' d;llf' Till: Imllr~f1 rl:'linl:J.nt betalue an in,l;urc(] under this polit:y;
l~'l ri'I'Hlltiur, in n" l.:l"'~ vI' r1i111I:'lVoj' l(l l1Jl: ihlOun:d rlailll:Jnt;
(ill :Jllad.il..." or ,'n;!!t'tl "(Jh.(l'Qu~nt III {):l(1!' 01' h,li("Yi O.
{c) rl.''':lltlilJ(~ ilJ 1(1,\)' vr r1:II\"\~l' whil'h "'~Ol)ltllltlt h~IH hl..:l'n ~uslllhlCd if the ill.~urClrl chdmant htld paid V::l.Juc rDr lhe e,~tnlc (I. inlc.resT inlo'lIrcd by
Ihls p(.IJC'y
-L All.)' <:I:1JJII \\ :d.dt Hd:mi rnll uf lhc tl':1rll\1trlio\1 \'l....liI1C in Iht' In~uretl Jllc C!):l:lt{' (tr intercst by (llb: p(lIlC)', by rc.::UOll of lhe operation ur fedent!
1J.1l1Itnlt1h:Y, ,\,[:l1c InllnhlL:J\CY, ur iilmlbr cn"di1t.>rs' rigl11s Idw!i, tb:a I! bll.~cd on:
(:1) (1)(; ~r;nl\h'[ ItJn (,rl':lliJlj.: Ih,", ('~(.d(C or 11lh'C"c.r.t illsurt.u by lhl-s poHey bt'lllg deemed" frl!ludulcDL COJ1Vc)':lnrc or frll.udulent u-~nsrer; or
{ill tllt' tj'Dll',;u"llou (,r'c;)lillt~ the ('stalr 01' iulerr.l'l ImurL:d bJ' Ihis policy bcluA dcrnl(>d il prcrcT{'n1i:lltran.~rC'r CXCtpL wht'r~ tlle prercrcJl1i:ll
tl':l.m[n J'HtlJr,.'i frum the [tlllt;rc:
({) t.:. limdy rt(urd t1J~ ja~'lrunieM of fr:lnr.faj or
(li} ,~I' "\/("11 rc\'unbfi.oll [(l iillP;UI noti.rc.: to n plJrch:l.~cr tor \'ulue or 01 judp'mt'nt or lien cTC!dilor,
CON[)ITIONS ANIl STIPUr.A nONS
.I. Ill':FHwnONOF'n::.Il1\lc;
'l'1t~ [,'Jh"lwit1;r. l~'l m~. wh!:1l IJ<.(:J III (hi.. policy ml::m:
(.1) "j;:ISlHtcl" I:~r. il1s11nJ llrlIH~~d in Xr.lwllllJe A. :!.l1d, :'inbJ~c[ t(l nllY ti~h(:s: m
dd..:ll',['.~ the C'l,1f.lpn.:1Y \\'llUld n~vl,! h:H.l :lL'JiI.st the n~IlH.~d insur.::J, lbu~e \I,'ho
~Il,/ t:".:! ,.) lhl~ iqlt:1I.1! I..f 1he n.1111l',' in:;urC:ll by OpL'T:JtlOO or law ::lS cli:i1inStlis.!\cd
Ir::'in pll:~'ll.\':r tndllJl\lJ~, tJlI1 nol lifllilC'd le. tlr-i(:>, l.il~1...ibull~I:'.s, lh:vi.,>e~'s, sllrvh'or~.
p~I:.\\nJd H'I'J~:-,":ijl;J\h':'" 1,(:1([ n( kill. t'T CQrpOl,llc or CjdfH.~iluy lo'ueC't:~.'i(IIS.,
(tl) hi'::;lJl::!J d,J:ll\,'n!"': JHl insurL'J cl:lill)jn:; 10'..\ Ol' d:lIilJ.l;C.
(q ".knuwl::d:,,:~" '-'r ")>rIOwl\": ilctn:lll:.nowlco[',c, not CO:l'ilruclive knowl.
cd:'.c ~l' 'l,)fll~ wh;dl In:!)' be- In:pl!!~'d lQ tIn in~,uT":r.l hy rt',l,>.IJl uf lhe pl\bli.:: rccorcl~
:I~ d::ill,f'i'Il/\ lhj~ (l.llier tif nllY Olhcr n:\,'oals which j;~lp,lll c~mSlnlC(iv~ notice or
rl.;II~I"~ ..1'J\:'ct1Tlf!. Ill':: lalH!.
(.n "Iiml"" Ihl' 1:\11,1 cir~I~l'I~C'd or n'icrreJ to in St.!I\'uu!1.: A, :md improvl!'
1\l~lliS ;JUI)(('(! 11.C((."\., wht,'h by l:lw l'rm'.tilnte rt:;ll PIOIWlty. .nil! [L:UIl "!:inti" d11~S
1)f.,1 illl'lu.:lc any jllllJi.'II)' h:)'lll:J Lhe TiIH'S tlf the :lic.n dcs.::ril'C'li (If rdcrrctl to ill
:~l/l(,'dlll,' A. !:Il( ilil)' ril'l)l, lill.:, \r.lrlCSI, rst:\1c .jr C':t~l,:menl ill abuuing !:TrcClS,
Jl);'d~, DV1.":I\il~, ;dky.~, );\ill:.s, W:l)'r. M ......a(~TW;))'~, bUL n()~hit'l.r. he-r.-in ,,~hJlllllotljI)' or
JliliL!I!\Cl'Xll.'llt 10 ....llich a rj;~liI nf ;lc('c~r. to lint.! (film th~ land is insl\l'\'d uy thili
11I'ltey
(~) "mtlrlC',(~,'''. I'lln"~"r.t.. ,.kt'tl of I.I'Ust. LTU.'.;t d~~11, or Plnc:r :),'c',{lrity inslru"
llll.'llf
(J'l "p,'l>!il," l".UIIUb.... IC:C(l[J~ C"!rt~hll:;hed undt"r ::':1~C std(ulcs "H [)nh.'. or
(l1.111~i fOJ [)lI: fluf(\:,v.t; 'lr ill1r;'rltJj~. Ctlll!.lrul;'ti...c nOlice: or 111J.lterS n:::I:"\tint: (0 r~al
pr"11rllY hJ r'urch.l.....:~ Cm v~llle :Illd \<dlh(l\ll "M\l.'Je(l~(!, WiLh re~rC'ct tCl S,,'clion
1\~)(i"'l {If !hl~ f;.iidtT~ir)ns FTI)ll' Co'Ver:lfl\, "puhlic r~c('otJ:i" l'h:dl :d$() include.
(,IIV:I~IoIl'01~l.d PI'Ok-CI'nT) Ikl); li!t'tl m Ihl.: rt'crmls of lhl~ deck cr (he Unit.:o SI:111.~
d!wkt (,);:11 f(I' tJa: \l.~ll'irl III wl1ich tht lJncl is kK'il!~~.L
(1~) "t\rll\l.II~ctnhl1jlt nl [he IjIJc": ,'In :llkgecl or i1l"P:lH'ot milClcr afrrclic.,g
!Ill.: Iilk III lilt: J,lo,1, !I(,t C'Mhrd~'41 or nct:Plc.j fwm CO\'~lilg<:. whit:h wauld ~nliLk
~ pl\ld~~:.~'1 (,If Il;r, nLH~ or i.*'fOt dc:<:cribcct in SChtrllllc A ur lhe imureJ rnrmgi\[:r.
:I.l r.c H'l~jl'irl1 r;"I'll tlW CJI.li!',Ulc.c I.' PUll'hast: hy \!11'tllC of l C\)fllr:1C1U,J! crmliWtllL
'cq'li1ir,t; l!lt) Lh'1h'~"[y c.f rnillk..:tJhk lillr.
n.lN'1'iNtJA'l'!l)N Or' H....f=;lIf.L1.f'WE AFl'F.R CONVJ::YANC}: OF T1TLE
'JIl: C')"(l:;~e ~:,r ~hi.~ IN]j.::y sh:l.ll c"mitluC' in i,1fC(". il~ of Dilte of rulicy in
"lvur 01 .!.II ill~11H'l[ ,,;:1y .W llll'!!l 1I.!j IlIe iilXLll'::t! r..:t.,ill$ iln e~lIlte or illlcre::.t in lnc
ilnd, 01' hrd,-i~ iln h:(j::lll~~dr\::.'" ~C"r:l1'ltll by 01 pllfl,'}l:l.:;e nlC')DC)' mOltg:lf'lll r:h'~n by:l.
lLl; Cll.H;;r {nlll rll(,' ill~.l.!t'("rl, r.r 0111)' !ow InnE' ilS Ill.: i!lSLlrtd ~h,Jll h:l\,t: Iiilbj}jl)' by
Cil;O~ yf ~'LW::C\:,llb or Wllli!l!'l[Y DJ:ldc by fhe in:,urc" ill i1~ly Iri\nsfc:r or cLlnvey.
nr," of fi.~ ~'\"llr:'; r.r illll'i'r~l. 1'hl!i. pol;t)' st:JU not coulir:l.lc in [OH'e in (illoor or
ny {!1:rI71'"I~1 r fHill/; 1b jl\~t1l"'.<.J Qf cilhn (i) nn fstillc or ii),[(I'eSI in 1h::: bnct. or (ii)
!'I lpn, ~'!::.'()n~";~ "r.CIH'~,J Ly n plll{t:H.c money 1IIon,gJ!;!: Jit\'CIl Lo !.he in.mre.d.
P82
3. N01'IO: OF CLAIM TO Ill< (;JVTIN BY INSURED CL\IM,\NT
111l: inslJn~11 !>h:tll notify the \.ompilny promplly in writing (i) in i::l!>e of :lrly
litigat.ion liS set rorlh in Sc.etiun 4(11) bt'low, (ii) ill C:J.r.~ knowledge sh:lll t:om(!~
insufed nCl'eunucr or imy clJ.im of title or inLl.'rc,'q whirh is ~dvc:r&e LO lhe rillc . .;.
c:slale or jllh:re~t, tl.~ jnsure-cl. and which mi~hl C,Hlse loss or d.lln.:Lge fnr ......hicll~~c
Comfl~ny Ol:!y be H~blc by virt\IC of Ihis policy, or (iii) if title [0 Ih.: eSl:t.te or
hllt'fel:[. ~s j1bureil, is lej~~ct.l.'I.I Jl,5 lITlIn:lrkr:l.:thle. J[prompL I1ntice ShlllJ not be given
La Ihe C'oll'J(JOlny. then :a (tJ the ln~\1tl,;d aU Ib.bHiry or lhe Conlpill1Y sh:'111 lenlJiu:J\c
with rer..,,\[d to the ni:H1et or m':ltleU fC>r which prtlmpt noli!:c is TCl)uirccl; proviucc.l.
IlOwl:VCr, that failure 10 nOlify 111e: Compilny shnll jn no C:i:;C rm'juclice the righls o(
:my in~lIl('d under tl1is policy \Jnless Lhe Ct.1mf'l:ln)' sllJ.lI he prcjudiet:!tJ by the f~ilur~
and toell only to [he eXl~nl of the prejuQicc.
4. OEFENS~: AND PROSECUTION or' ACTIONS, DUTY OF INSURED
CLAIM.ANT TO COOJ'ERATE
(a) Upon wriuen rt"qllt'st by t.hr: insul'ei.l D,nd s11bjec( (0 (he options COn1:liIlcd
iJl S\'l'LioTl (j of thesc Cooditioos :md S(il'uL:lL.iClTl~, thi: Cornp:lny, itt its own COSt and
Wilhou[ \lrttt:asun':lblc deJay, 5h.,1I prtl:virl~! {'(If 1hr dtrf'ollSC C"r '/In illtUTCid in litigation
in whit:h il.ny third paIl)' aJi!icflS ;\ claim adverse to the lick Or inLerr:S[ itS insured,
bUI only "~ to tho.!il': stuted tillUes or action illlcL\ing II defect. lien or eDcumDr.tncc
or Cllh('r maller insurt'd a~:tilm by Ulis policy, The l.onJp:l.ny shall h:l.\'1: th~ right
IQ srlecl counsel oC II.! ehoicc (subject TO Ibe right of the insured to object for
rl.~ilSl'nahlc calls(') 10 represeDt t.he insured as 10 lhose SliHtu eil\lSc.s or aetiOIl and
:.11illl Dor be: liable for :md wiJl nor pay '[lit fC'ts of any t1thrr CO\lllStl. The: Comp:my
will nol p~y ilDY fees, CDS 15 or c:a:.pen.scs incurred by !.he iU.!iurt'd il'l the defense of
lhn~('. r:1U~cs of .:!ctiol1 which aU~gc mJtll:rs DOl insurC'd :lg.:JiDJil by [his policy.
(b) The Company sh:lll have the right, at lu own costr to inJititutc <lad
prosl:cu(e any :\CliOn ur proce~din.s or to do uny other i1Cl which in its opinioa aJ~y
I.Ic ncCt~5:1.I)' or d~.dr;Jhle to cl't.3blis\l lhe tiLJc: 10 the: e.~blte 0: intctCsr, JS iosr.l.rcd! or
Lo prCIJe.llt ur reduce loss or d\l.mil~e 10 the hlSUrcd. TIle Cornp:lIlY m:Jy tll~C illlY
:!ppropriillC Iletion undl:r inc term of this policy. whclhrr or JJClf i~ liha.ll t>c linble
hcrrutlder. and shall nnt thereby concede liabiljty or wa.ive auy ptoy{;;ioo. of lhis
policy. If lhe COlll.p:tn)' sh:l.ll ~:a:.e:rcis.e TTS righu under iliis P"'r.t~I'aph. it shall do su
<liHll~ntJy.
(c) Wheoevcr thc Comp:lny shall h..ve brougbt an ilcljoa or jnlc:rpO$e~
dl:Cl:nsr:: ~~ rl:quir~d or pe.rm.ill~c1 by lbe provb;:joDs of I.hi:s: policy. !.he (:OlllPilUY
plJrS\lc ,Illy l:itir.:ltion to fin:!l determination by a court of competent jurisclit:lltlrl"
j!llcl txprcs!:ly rcserVC$ (l1e righl, in Its sole discretion, (0 uppc:il frum any act....ctse
judsmel\l or order.
(d) l[l All C:'Ist's where rhis policy pennits or requires the COmpil!l)' to pros-
CcU{~ or provide fOr lhe defense of Rny tclioc or proeeedin!", [he insured 511.:111
SeCure to (he CompJt1y the rlS'bt to so prosrt:utc or prOVide defeosc in the .llcLion
DeC-lI-Uj WeD Uj:be PM
Ne! ley & Alder
C!f PI1;j~'~'(.ditJJJ. ;11111 :Ill :1['j>I;:lIS rhtlcin, Dud pe-rmil the COlrll)iln)' loJ \1St', .ill its
(~il~ir'lJ. Ifh; U:\IHC of thr in5ltll:d for lllis purpose. Wh(oevcr rCQllcsled by lhc;
CI)!h/l.1lil, 1n,; i:l::~:j',~d, :It the Comp;iny's ei;pC'Il.~Cj., ~h.dl Sivc L1JC Company 1111
r.:'.1~OI\;J.1,1lc r.i<.l (i) ill Ilny :l.r.;iLJtl Qr pro('[."cJin~:, Sl;:~\ll';h,g evidence, oblllininr. wit-
r.1'~",'''! fl,'O"c":;l.Itir..c. ,1r d< rc~t.lirl[', lh~ ilC[lun or l"~c(".tdilir.. pr cffeclillg !;cLllcml.':nl,
~jiJ i~\ >1:1.)' Ii!);: i Jawfo.! ;~('[ whi~h jn lhe opinion or the Compnny rU:lY be
~\;;lY ct d..:,':ll~hhi 10 t'>t.,b~j<;lJ the: li!le to 11lC ~.~I;)rC N intcn:;.l, R.S insured.. If
lrh~ C;Omjl:,:.I, h JJl...jl,Jicet~ by tbe (lIillll'C or lbe ill~urt'cl to furnish The relilljred
Ct\l~pcr.\lion, lh,~ CC'lfllr:myl" (lhHg,HiollS III lJH~ in~\.lreJ un,l\=r lhe potic)' sh:lll
lc:rwjr,~lc, il1dilJillC .111j linhllily at obJir.a1ioll to cJc(:ncl, P.J'O~CL.uh:, or continue
l!,1;Y I;(;~~~~d,.\n. willI tc.l.pr.:l: to I\I~ 1n.1ller 01' j.wUer.~ rCQllirillg slJch c(lo~c:ralion,
3. PH,ODF O~'" J ,OS,C; O~{ n:\MAC}'~
In i1!.l'J:tiL:ll\ I" ,J'I:J UflCi [h~ uOlia!> l\.'1.7\1hed un(,!.;r StCliCll.l J or lht.sc Condi-
ll'.,jl$ ;~r,d, ~I!jiul;!li\,n:i ll:l\'~. bC.l'.n /JlPvillerl Iii",' Cr,mp:\ny, 'I prou[ (If l(l~ (lr damaf;C'
!;J~rl(;d ;L:H.l "korn l.'.) by tll~ ifl.Llrt:d e],\ill'l:l.nt ,!,;h,\lll1~ flJlnJJihe\1 rn [he CUlIl.p:my
w\l!lin !;(, d;~j5 :'[Icr lhl;' im;IlIl.~1 d<lim.lllI 31h.lif .a5ccmiu [ill: I:ICIS: r.ivilln ri.~e tl) th~
I();;!; (If d.lin,l.['C. 'n,,;; pl("lr \l( Jr,.'S or (bll1::ge ~h,11l d"SCrlbe the dcfl'Cl in. Qr Iku Dr
l'fh'Unl~r:;fh~t.: ('1'1 ll::.(~ litle, (Ir U\l.~T fl\l\Ucr insureu <f1,:tin1.r hy lbis policy whit:b
\~'Il~llltJlf,,~ LJ'I: b:'~l,~ l~f lo':f;~ ('IT d:llU:l!:C :lnd sh"U n;ll~, TO lhc (:xlcnl po,~liibJl:', the:
b;d~ or ":llC'lll,.tll,:', ll'i\" illt:(3ll'll r,r lhr. 1MI' nr d,Ul1ilgc:. U the CoIllP3ny is Pll'Judlecd
by liJ~, LdlillC or Ll,~' in\luciJ tl.,ilrJar.t 10.1 pro"'lrlc rht Jtl]uirL:d proM uf IO~li or
d:l':1:Jg~', rl~c ('1)J"f)p:tll)"r. lilifir,;1.IIO!I::' 1() 1he, iU.!.UfCd Uli,;]..:r lilt: policy sh:lU l~rminllle,
\;1d'Jdtl[j' Oll)j' li;,llilJ1Y q l'lbli2:ttinn It} ud:.:r:rJ, ('IfOS'l:u!c, (If C'olHinuc :an)' liliZ:\'
lWlJ, WWI J'C"~~arlll(l t:,,: r,~:lllrr (Ir mnttt:r3' n:qiliril'll,; :->uch pmof of loss or d:lm"L:e,
1:1 :\,lrJiTinn, ib': j:l~llr('d c:hilll:ll'll n:3Y r~'!.,I:i,on:ibly be. rC(Juircd In slll:allit to
t:x,:-lrn:n<lt!l>r1 lli.,ta f'.:IJI IJY lI~jY ./I(lIh(Jriu~1 re:prcscnl.dive of Lhe (:[l1l11,.UI)' i1nd
~h~dt pmc.lt:'"t: ("r c'<~,Udlli;lJno, irbr'I:C'liC'll :uJd r;upyinr., :11 such rl::1snl1:Jble llmc.!i
110..1 p!:!,Cl';' ilS !:l,I~ t,r. dr:;lr,LJ!\1l.;" by tay .lIllthofi~t"u r:.Jprc.~(~01i1t!ve of the COll1}.l:lllY,
,1)! r,~.'(iI'!~1 h:;~,}~, kri:','I$. l.'!Led,lI, C'/'VTco'"p,1ndcll'::e .!lr:lfJ mr;.liw..mcla, WhClhiU bc;n-
l;"Jg \l d.lir l:d..lTC lil ;,[[,'T [);'I[C l,lf I\l!il"y, which 'cu~Dn;ltlly p~.TWIl In tlie loss (,IT
d:I[H,\r-:. Fl:lth(:r, if :I:tpt:::l.:-d by iZ:IY Z1l1%hrllil.:.'J n.'prc~,"U:ilriyc oC rho;: CoaqJ~I1)",
the i;lr,\ll ell tlj\i/'lI~I;! ~ll.J.1l ;u:.nt ir!. p-.:rmi~sjl)n, jn wrllillg. fOr lIny :I.I.lth~rjud
rt.pJ.",~I~r,rI':1i\'I; <.Jf Ill"; C():npII;lj 10 fX:Jndr.e, inspc[;[ ond copy 1111 r(.cord~, bocks,
JC:I,0CI.!., d!l'~'ks, r.DJ,.' 7Id~l,dl;ncL' :z\~d lllCI~1\'1tar.dll in ll.r. l'll):lody or c~lnlrol of iI
tflif..,J P,Il'l)', wlii::!l rl:,:,H)n:lt,ty Il~l'llill to tilt: tOli!! or d.1f1l:Lse. All inform,llinn
lJ.:~;f.n:)[~,! :If. ~.tlllfjdll:d,~1 I!)' lhe: ir'.-:urcd tl:1.ilrum pr"vi.kd L,) Uu: CompClcy flUrS1l"
;JIll .f',-,..:..~,h .l;r-ctintl :;!;:t!l lHH lie- dj:;c.:h~c:d ICI c,th.:rs 11.:It'~~, ill the rC;',::(ln:llJl~ jlldr:~
rll<,' lh~ (,"omr:I'iY. il ;~ T1CCi.(,'>:lry i::j 111.: admini.<;hariun o( me cl"illl. r:ilillJrc ~f
1I:::~lrd ('l~i":'i'l.d l:! :>lJhl1'lil fi'l! c.x;unin:lljoD und~:r wilt. pw([uce: other rt'iI5QT1"
.:!l,l.l' rt'(IL!~'.oh'd i..r',:Il.:\';~;11 or l',l'illH p,"l"I11;~,~i()ll, In St""\ollrr rC:l:<;QIl>lbly 1lr:~'cMiar'y
Hifi'''~:I:~l:,'Ji rL.,tl,l Ih;r.1 p,1rtjro,~ TL'l rC'luh.:d in lhi~ p:JT:'\O'.\(lll ~h:ln teflllill:lle any
lLij'iH1Y 1,\1. tll~ (~(Hllr"',lY 1.111<\.:r Ihi~ polley l\'j to lh:ll ctail:l.
(;. 01'1'10:;S '1'0 !'AY (HI llTlIF.ltWISE SI,'("lf.V. CLAIMS; TERMINA.
1'Inl'~ H1'" 1.11~ r.H.I ry
1M r.:l~~' of.l rJ:;lDi nnckr this polity, the ~\'rnp:luy ~t\:lll huvce 1he fallowirlg
Ild.lIIIClll,'ll "pliM~'
(a) 1"0 JlJj' (It' 'I'l.lH.lc:r r..Ylll"tlt or lb~ Ab.tlllltlt oC r,l.',urilllce.
T(l ~):Jr ,If ll"p,),r:,. p~yr!i';fll of lhe illll'..lUllt of insur:lncc IIDrJrr Ihis p(llic)'
lr'r.r.tlil..'r ,\'ith :m)! l'll'~l." illlonlcys' (c,.:; :\J1u eJ(r('!t~eS iilcurre:d by lhe in.~nrr;d
....!.I,(IL;lIll, wbn'l, ';Il..'il,' ,!llthnzJzcu by the C'.oI:lP;l!l)', \Ill tll Ih.: 111'1).:'. t.l[ T'Dyment or
I/'ndn r.f I'JYlll\'l.1 .1r.J w!licll llf~ COi1ljlllny is ('lbli~,llt."J III pay.
Ul.."l11 lb; L'1t.n i',c try tL,: C(,mp:wy cr this \1I!liun. i1l1 Jiilbility O1no obJir,:'1IiOllS
l'~ the i!1..~lIn':lj llll~kr lhir, pullto'Y, clhn (h::n 10 r.l.nl:'c the l':tYJ1lC[Jl rCL]uircd, shi'lll
Il'r:.l!I\:\I~, illC'lurliJl..... ::l~Y Ji.\I!JJit), or 'Jbli~:.itim, Ie ddt/ld, flJ'l)~C"lI{t', nf CUIHinl.l..:
:mr 11liC:ili,:.n, ant.! I1j~' pllllcy SllJIl t,csulr~:Jd\:rt'd 10 lh~ C(';1I1P:HIY rnr c;ulct.ll;Jliml.
{Ii) ,/", IlpJ' fir Oli,,~rwil\c S('1l1c With Pilrlicf; Other th:ln the Insurelf
H Willi tl<;.: IJ'I';Ill.(a\ CL'Jim;;llf.
[i) II) Yl,l)' or (,Ihrrwi,\c :;nlle will) ~11hl:'l' p;rnler. (01 or in the n:lm~ of
:Iii ji\;~ur..tl Cl,lllil,lnl :.1'1;1' '=!:t:1I1 In.,:IlTC'q aJ~:lin<;l llllJ~.r lhis policy. !\,lgethcl' Wilh uny
",j';'l~i, jlIIDrII~Y,,' i\':"j :i~l:.l ('>:pt:r.o;cs in::unr.d by the in~u/'L"J cbim:'Illt which \/"l,'re
:1~111i\\(j:,.,d 1JY Ihl:' t.~,rl':;~'Ji t1p Irllhe tim,; of p:tym~\ll llO.:J whh:h the Ct'ln'lrnny is
\lhUr,l[I.',ll,l p::-y, 01'
(ij) 1~1 r',IY nr Clh:,.rwi...c :;r;!lk with tilt im:urc,f cl:\imllnr Jhc lo:::s or
d,,;j,;IRr: r!)(l\'i~~d l~,J Wl'~'.!. Illi.. polk)', 1~1~r;llwT \\'iill .my CO,~J~, auomcys' f~l!.~ nc.d
c,<)Jt 1l.',"Cf. Jl:'':lIu.d tiY lh,: i".ql,.~.J <.:!;liITI.UI( .....hich Wl'!~ Olurbnrizrd by Lhc COlllpany
\l.JI Ul lh,~ fl."r,t: d p.1YI"..'nl <.IlJd whi(JI IlfC COfi1p:m)' is ('IbH~;,ll.'d ll"l pay,
IIpl.li rl~t' I:X\"rC;t, IJY lh(, ("(1I1Jrl~1'J)' C'lf ~'iLllcr of rhf opuom pro\'it,kd for in
tli\li:~~~~'; !1{ij ~'1' (ii), lh( r:\lJ)'p~h)"S ol'lil~[ltjons ro tll~. i:15tJrcl.t uurltr this poliey
[,';1 )' 'ill1l'd lLt:".. c.;' d 11r.;I~.:', n!!wr 111:111 lb~ p~,y.wenl, requittu to b: Jl.l:\dc, sh:dJ
h'/'II:flh.r. jlld!~dir..~' ;I\I{ liabi.Hty ('If' obli.r,~lir.'u LO ck{cnd, rl[1~!:CUlr;: or rClltinlle
~1!IY Jiti L~;I~'lll.
7. DC1,fll,IHN,\'fl()N. J:X'['U;r OJ' Lr.1!lILrTY .'ND C01'>1SllflANCE
'I ~i~ J)nll'~Y I'; iI r,"l;,;r;H,:1 cf i!irklllnii.j' ll..t::i!jn~L I1cm'llIIllln~L'Uy J('I~S C1r u:im","c
rAX NU. ~IUt~~bt~j~o
P. U I/ue
sustained or ineurred by the insured claimant who bas suffcred loss or dam"ge by
ce:JSon of mallers insured agaiC:>:1 by this policy and onl)' to the extem hCl'ein
describect
(a) The lillbi]jry of lhe Comp:IDY und~r this policy sh:l.1I not exceed thc Ico:t!:t
of:
(i) the Amount of Insw:aDCC sUIted in Schedule A: or.
(in the difference belween rbe vi1lue Df the insllred ~SUllt: or jmt::r~!;t ~,~
insun:d iLnd !he v:l.lue of the insured estale Or intcrest subject Ln me defee-to lien OT
encumbrance insured acainJOt by Ibis policy.
(b) In lln: eveQl tl1e Amount of Insurance Sl.:Ired in Schedule A i'lt thc Dale
of .Pulley is Jess \.ham 80 percrnl or the value of the. fnsured c,,'\lale or inlClcS[ or if
subscqucu[ 10 lhe: -Pate of Pelic)' nn improvement is ereeled cm tht' land wbkh
inC'IC'~scs the value of the insllred estate or interesI by at 1c00:>t 20 perCenl over lhe:
Amolint of Insurnnce stated in Sc:he(jule A, then lhi.~ Poliey is subjc:cl 10 the
follawinr:~
(i) wher~ no subsequent improvement .has bec:n rn:ld~, a... to iLl1Y parU:l1
10:;'.:0;:, (he Compan)' shO'.]I only p:ty r,he Joss pro raliL in the proportion thJ( IMe
amOllnt of insur.1ncc lit D-..lr:: of Policy bear.:o;: 10 me 101al V.l.lu!:: of Ih~ insurc4 c.!.lilte
r/r illh:rc::.:l aL P:lte of Polley; or
(m where I. subsc.quent improvC.'.ln~nl h.:l~ bce-a nlacle, as to uny p:1I1.i.Ol1
loss, the Company shall only pay lhe loss pro nt.'l in lhe propotlion lhat 120
percent of tht: Amount of In~urancc sUI(~d in Schedul~ A beJrs \0 the sun, of the
An'Olllll of Insurance staled ill Schedule A. and lhe amount ex.pended for the
impro\'Cme:nl.
Tile pmvisiolls or this pllfllg:t:Lph $h.lll not OiJ>ply to COSTS, :l.ll~rncy5' (ees .!md
cxp('nscs far which !he C('lrnp:my is liable under tbis pnlicy, and shall only llpply tn
th3t porLion of allY 10s5 which r:xce-tJ:s:, in Ihe: aggrt,galc, 1 0 pC'I't:~ru of (he AmOunL
of Insumncc: st.1Ie.cl in Schedule A.
(c) The Compan)' will P;I)' only those: C'Q$ts, atl:orneys' fees and r~penst's
inCurred in jlcco.d::mce with St.".C'uon 4 nfthe~e Conditions i1t1d SripUhlions,
K. Al'~()RTlONMEN'f
lC the. II111d described in Schedule ^ cClnsisL, of rwo or mnrc pillcels which i1fC
not u.~J::d:1$ a Jilnf:Jc sirc~, :md aiDS:; i.' e:sc.\lllished nfTc""lifLl:: onc Qr rnon: of the pilfCe'I:>
but not 311, tht' J(1$S lih:l.1I be. computed mid !>t'LLJed on a pru rJLn bilSis as I( lhe .amount
or insnrnncc under ~h.i3 ptJlicy was d;vidcu pro raT:l. :IS to thc Vj),llle On Datl: of Policy
of e~ch sep::lr;atc ".,rct! to Ihe whole, r.l:.c1usivc of auy impro"cUlcnls n1:.1dc subSe-
quent Tn Dale of PoTic)', unless 1I liilbility or \lJJue 1).'lS oLhcrwist! been a[:recd upun
0l.S 10 c:lch p1'lrccl by the ComPJny ~nd the insured at the lime of lhc issu:inee of this
policy Olnd ~hown 11)' il.1l e"pn:ss slilleQlent or by aD endOr:i!:lllCIll .ilLLilr:::ta:d to uds
policy.
9. L1MrrATION OF LL\IllLlTY
(:I.) If the COnlflilDY csl:l.hJi~hcs Ille: title. or removes rhe alleged dl.~n'C't, Iicn
or l."T1CUmUrllnce. or CuteS Lhl: Inek of .J riZht of DCC~'S'S to or frum the I,md, or eures
Lhe clilim of unmilrketabllity of liLle. all "s in!iureu, in 01 l'casonahly dili,gl:nt milnnc:r
by nll}' me/hod, ioclu/Jing Iiti,g.:ttion end Ihe cnmpJ'tion ur J.f1Y t'oPPC:iIl; Iherefrom.
it sh:ill h:!vc full,)' p~rfofl'lled its obli~:Hions with rc.specI (0 tl1;11 n;.:lttc:r :led sh:ill
l.lOt be li:\blc for ilnY loss or d:l1111'1g~ cOlused Thereby.
(b) In {he '''''Ilt of .Jl'lY lirif:!tion. incluuing Iiri.e:nioll by the: Comp:my Of
Wilh the Comp:Jny's COllsenr, the Comp:1ny sh:lll hav~ no Ii:':lbility for loss or
d1nl:'l[:e until lhere h:LS beclll'l !in;:"l dcL.crmin;ltiol"l by 01 courL of cClllpelcnt jlll'isdit:-
lioll, OInt.! d!.o;f'\Qsition of ill! nppt.Jls: Iherc-fmm, advcrs~ to Ihe cith~, as ini:urcd,
(e) The Cornp:my shnll not be li:\bh: (or loss or dam:Jr,c ro ;In)' in,~ufl~u fur
H:\biJiLy vl,lunrnrily <l!;,<;umC!d by Lhe: insurC'd in ~ctllillg any claim Or s.uh withoUl the
plior writlen COnSC'oL of the. COOlf'\lln)',
10. Il.f:DUCTJON OF JNSUltANCE; mmUCTION OR TF.ltMJNATION OF
LL\BlI.l'1Y
All P;lYIllCDls undcr Ihis policy, exccpr pilymeolS mnd~~ rllr cO."1S, OlltOrn~ys'
f~e:> :m,f expenscs, shi\lI reduce lllC amount of tht: infiUTill'IeC pro (:\uto.
II, I,L\nn.ITY NONCUMULATIVE
It is exprcssly undersIood !.hat Ihe amllum of im:urune.e: undl'r lhi~ policy shllll
bc recluced by .:Iny :lmounl lhe: Company milY pD)' under iLUy policy insuring jJ
Mlorl~.iJ.gc to whieh c~c:eplicn is t;lkCD in Schedule Ii OT 10 Which Lhe: insur~d h~s
~tlecu. n.ss\lm~d, or l;ikc.n subject, or which i,l: h1?le.:lfLer el::CeUTCu by flO ill$ul'r::Q ;JDd
\lr]l.icll is it cb:trgl: or lien on the estate or jnlef~.!.1. dcscribed O( rcr~cd to.in Schedule
A, lInd the .I.n.lOllOl 1:0 raid shall be dcemcd a pnymeDl uIIdcr this pp]icy to the
InSUrcd [lwner,
12. PAYIIIF.NT OF LOSS
(a) No payment sbillJ bc r'n.a.dc \I.-ilh(lut prOUUc:lDg this policy for C'Quor<;c~
UlcTll of Ihc paymellt unless the policy ~;\s been lost or dcwoycd, in which cilse
prout of Jo.!.s or de$1I"llClioJ:l. :'ih.'llI be furnished to the s;\[isf:zction of rh~ Comp:tny,
(b) WbC'1l li:tbility nnd Lhe CJ:.LCllr ['Ir k)ss or diltUage ba.s lx:en (1cfi.nilfi83x.::d
D~C-l (-UJ W~D UJ:~g PM
Nei ley & Alder
Jf, :J;~(urcl;znl.,''; \Vll.h t!it'.c [;(tIl,jJtiml!. iln<.J Sril'l.il.Jl;(lrJ'~l l1:e 1,,;.') Of I.bm.1gc sh<l11 be
p.l'y;\I,k V.illlill ...{I d l"r~ ill('lt":J[h:r.
B. t,il;n~OGATn~N lWON l~A"'JHENT OR s:g'iTLf..J'\IENT
(=n Thi:: C(II'.r~):lll)"S It,ight nf $ubt{;~.3ti('I).
~V1~::IJt:\lt.:r l!h: ('r'''lfi.1:'iY :;.lmJJ t.il\l~ sC'Ltkd >Iud r(lirf il claim lIadtr Ihl" poliC'y,
OIL! rif,!.! (":f .!r1Ibl\\.P!llll[ dl:lJl \.'C:51 in lIlt: COHll'dn)' ull:1[ieCLc:cJ by :lny ;'Jet of lhc
ir,:iurull"];I:\11illl[,
1'11(: ("{'JnrnIY :lh,1J be suhtl.lgillc.l t() .Illd be cnlirlCIJ to:!oIl rigbts nnd rMkwcs
wllii.'h IJ.t:: itl~lIrcLi ~'Jll;lI;lnt wo\\ld h~l\ll.; Itni.! J?,nillSl ~n>t p"rson or property in
r\'~i\"\'C II) Ih,~ dOli!!! b lei lhi~ pClli(')" not Ol'l'.Jl i~:;il('l.l. 1f rcrJ!lI'!'lcd by Ih~ Comp;my,
Iii,' in::lIl~'l1 d:mn:ar.l ..hj~I1lr(lJlSfi.r io the COIl!JIOlny ull TiC-hiS Olml rCIlIC'llicil; f!f,i1itl!.1
,lilY p;','.~{)n (J! pr~p~I!)' n('n>:i""~ry in or;j~'r 10 pl.'rrl.!:t Lhis rih'hL l)f .~ljtlJol:':Hkm. The
irll,UII',,! ~:l1inl,l:;;' ~h:ill ~~l.tH:it lhl~ Co:npaJl)' In .!IIIC, I.:l1rnjlWrnisc or sl'Lrl~ in Ihc
li,lll)C: (Il'ltu: in'.l:fd <:J;lil1lafll :Wc1Il) l\~'=.' Lh~ tilJllC or lhe: ill~UTl'rI clililn:1ll1 In :Lily
tr.,li~i;lCjiOll Of Illi1Wl10f) it\\'il!Ytnr, lhi:JiIi I ighlh tlr n'll\l'UIC::~.
If:l 1"")'l[lCt}j (,ll 'In:(ILil)( (l( il claim (]'h':> mil (ully COwr rhe lo:-:~ 01 The insW"cd
d,~lm~;'~l. lhe Cowll1il" .dwll bi; :;tJhrO~:llt'tJ III lhl'se rir.Ms i\nd 1t.=fi1t:L1ics in lhe
[J/f\pnllioll \l.ldl'il !Ill' (:nmr'lUY'/o paYll11'nl hC;lrs (jJ llll' \).'h(llt' ilnLOlIOI or !.hi: ICJ!iS.
If k.', ',I)nlll:l r'cu~L f(ol!i ,wy jlL'1 j If lbe ilj'.llr~u ("I..dllnnl, lIS :;:l:'o\~'rt nl>o\'C:. th:l(
,leI ~hal! nlll Vi:lid III::; rC1Ire)'. !:tut thc ('11mrJny, ill th~l( cvt.:IH, Sh,ll1 be ft'quircd ~o
pu>, (1)d/ lint 1',\1'1 (II any 11I,;~'t:~ 11l.\lUL'u iigai!:Gl by lhis po!u.:y w!lich sh:dl exct.'ed
lhe- .1\nnunt, If :Iny. )!I~d 10 lhc ('(lllq~:lll)' l~y It'a~on nf ,Ill: lmr:iirmcnt by rhe:
IU"lllt'u I..'l:Illll.,lul d ll,L' C01IJp;l.lY'S rjp,llt tlf .5\1hn..l~;IIII}n.
(L>l 'I h~ (,'(lj.'tl:IO} 's nit,)H' ^~.d])',1 N'on.lrl';ltr{'d Ohllgors.
Tlh' COIiI;.t:.m,\'~ Til:ht ('If ~\.llln:E':llil")ll ;lQalll\) rlo.lu.insurcrl ohlj~'Clr$ SllUIl C':'I"i51
.11111 ::llallll1~.!tllkl ....:llhIlU~ lilllililtion, lI.~ t1gl1ls Q( the ;lJ.)ureu to irak'll1nitks,
.".I:~I/~\lHI~;:, oil',tl [1(;I\\'ics II/ ir:.'i:~r:lllct: (1( bond:;, nOlwi1hsL;lncjillj; My ll'rn1S 01'
nlJ!dJljm::, !';,\IJIJ./tu',j J,l 1111/:,(,: hl~lj'UJi,t'nl; wllich prnviul." fM ;'iL;brognlit\n 1\phrs Ly
1(<:1,;';011 ("II lids rnlley,
1,;:. AI.:f:l.l'H/d.({)J.....
Un]."';... p.-(jhil.:I;:u P)' ']'lp)j\~~d~lc {nl, cil!ltf lhe CurnIJ.iln)' tlr Ihe im.urcrl nl:l)'
tJc[:"{.:nll ;"l.iIJ ilfJt)l\ 1'::~lIiUil In lil\\ 'J'llh: bSIlI:lnL'C: Afbill':Jlwn Rvle;j of tilt: Amtrj.
~~ri Arh,t,:llipn A~fn\ i:J(:lltl. Al'\.litlilhk r,1.1!Urs r:'1:J.y inthl(.)r.:, tmt nll~ m.ll Jil11ifc-d
Lt'. .IIIY CCllilitlvn.;y ()J rl.!lfli 1,ll:tWl.('n Ihe ('(lJllJ'l:lny ;md lh~ m~urc:d misinp, flUI of
." JdJlh:1j (<1 lld~ fl;-.li\j'. ;I:\~' r.L:r\lic~' M tile Corr.p:\ny it! CClIWIc.elion willI ilS
HlJnnCl! l:r Il.c br','.il.h Q( n f1(:licy provi:,r,'ll Clr (lIne!' ot.li;:;ItiClIl. All ~1"bilfllbh'
FAX NO, 970+925+9396
p, 08/08
matlc:1"S whC'n the Amoullt of InS\lrolncc: is' $1.000,000 Or less .~hi'oll be :u-bitr(lLC'L! a:
lhe: oplion of rither the Company or the innlred. AU lu'bjunblc m:HIr.rs whtQ Ihe
Amtl\101 of Il'lsllrilnee is in C'x.eC$S of .$1,000,000 shOlll bt: arl;i;tfillell only wher
i1~C'cd 10 by botb the Con1p,IOY ;:w/J the insured. ArbitraLion p\lrSUalll to this poljc)
;JI'ld uncler the Rules .in effect Oil the d<lte ~he demand (pr arl'il.ration is mJcl~,
thl:: cplioD oC Utr insured. the RIllcs 1[1 crfer; at Dall: of Policy shall be binc!in........-6-n
the p.mlc$. 'nle &w::lrd m;'Jy inclllcle altclllr.yS' fC'e;, onl)' jf the lau.-s of the s~lc ill
which the I:Lnd is 10c.lleel permil.a court fO aWilrJ nftOrllCYs' fecs to a prev~ilil1g
party. Judgm~rH UpOli the award Yt'ndercd by the ArbirJ.ilur{'i) JnilY be C:l1lcrcd in
<In)' .COLlIt h:J\liD& jurisdiC'tiou thereof.
Ttll: !ilW 9f the situ.. of tilt: 100nd shilll apply to iln ilrbilralion under the Titl!;
Inr.lu'anee AlbiIr::llion Rules.
A copy or thl: Rules m;JY be obt:J.inel1 from the Compaoy upon r't:qut:Sl.
15. LI.UllJ,ITYUMl'fED TO '1'1HS POI.ICY; POLICY f:NTlRE{;ONTRACl'
(:\) T1lis poric)' togeLher wilh :..11 cndol'seme:D.u., if .1.11)', alt:le:hccl lH:'rC'LO by
Lh~ C.Ofl1f\:l.IIY io; Ihe: clltill:: policy and c:ontr:l(:l bCLwc:cn dlC insured :Ult.llhc Com-
pOln)'. In inlcrprcljng any provision of this policy, lhi!l p(llil~Y .'ih:J1l be cumilrucd ..~.
21 whole.
(b) An)' cbim of )0<;5 OJ' d:lnl<lSC', Whe-Ther Dr nnt bOlsed em ncg1ige:ncc, one!
which ~lisc:s out of the- SL:J.tu~ of lbt: lillI: TO lhe cstalc nr intcrc.'it COVCtCU ht:1'cby or
by ;my :Jtlion :3s!Oc(t;n~ ~uch claim, shat! be rCh'triclcd lO this policy,
(c) No lImcnrlml'nt (11 01 t:llrlor.~cmcnt (0 thi!; policy cOIn be: mOlue l:xc.:pt 1,1'
.II: wrilin: endorsed h~r~nn or :tU:u::hed heldo 5i{lned by either the rn:sidcllL, n Vice
rrcsid~nL. tbe Sec:ret:Try, an A,\isiU:lnt St'cr~L'l.ry, O( vaJidl1liT1g o[fiCl:r Dr :lulhori1.cd
sq;:n:tlcry of IhC' C:nmp:lIIY.
J 6. SEVF:l\AlllLITY
111 llle evC'11t un)' provision of Ihe policy is held inv411id or unclJ[(Jr<:cablc l1ndl'r
appliC:3blc 1:1\11, the policy shall be deemed nol to inclutlt: th~t provision ",nJ all
olh,'1" pmvision!.' s:h;l1I rt'm:lin itl full f,,")rce <Ind effect.
17. NO'1'lCES. W1l1iRE SENT
All nnliecs u:quired to be given the Comp:1n)' 311d :Jny .H.1lemC:nt :in Wriull';
rcql.Jjf~'d to be furnisuecl the COlnpany ~h!l:ll indudc the numbcr of thiS" rulicy iUld
sh::lll be tl.clt.lrcncd to lhe: Comp;'IlIY a! 179ll Van KMm:m AV(:r:Tl1c, Suitr;: 300
Irvine, CA 92Cll4..62S3 ~,
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Land Use Application
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THE CITY OF ASPEN
PROJECT:
~Inl
(Indicate street address, lot & block number or metes and bounds descri tion of
Name:
----->>PLICANT:
Name:
Address:
Phone #:
6D8{c::>
E-mail:
~ REPRESENTATIVE:
Name:
Address:
Phone #:
E-mail:
TYPE OF APPLICATION: lease check all that a ly:
o Historic Designation
o Certificate of No Negative Effect
~ Certificate of Appropriateness
o -Minor Historic Development
~ -Major Historic Development
~ -Conceptual Historic Development
o -Final Historic Development
o -Substantial Amendment
o Relocation (temporary, on or off-site)
o Demolition (total d=olition)
o Historic Landmark Lot Split
EXISTING CONDITIONS:
~V'^o. \\
ro osed buildings, uses, modifications, etc.)
,
FEES DUE: $
P86
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
~8?
Does the work you are plarming include exterior work; including additions, demolitions, new
construction, remodeling, rehabilitation or restoration?
~fh.
Does the work you are planning include interior work; including remodeling, rehabilitation, or
restoration?
po
Do you plan other future changes or improvements that could be reviewed at this time?
~
In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect
and a building permit, are you seeking to meet the Secretary of the Interior's Standards for
Rehabilitation or restoration of a National Register of Historic Places property in order to qualify
for state or federal tax credits?
--
If yes, are you seeking federal rehabilitation investment tax credits in conjunction with this
project? (Only income producing properties listed on the National Register are eligible. Owner-
occupied residential properties are not.)
If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
Rehabilitation Loan Fund Conservation Easement Program Dimensional Variances Increased
Density Historic Landmark Lot Split Waiver of Park Dedication Fees Conditional Uses
Exemption from Growth Management Quota System Tax Credits
P87
Project:
Applicant:
Project
Location:
Zone
District:
Lot Size:
Lot Area:
Dimensional Requirement Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
t\f\t;\ 1\\ m\'l_.&('e.v~
-.lM..t(I.ev. \f"LlJ WI P l.4.~ J l-L.-i/.
'f 'Z- b -G. VVl.f1 ) tJ I U ~ I T I-A 6f., f.,€~ flfrZA CtPt:qv\ 1f-.l1t..h1A. 0
c-G
'5 .t>D t5 .of.
6,001(3 ~.
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
defmition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Proposed % of demolition:
DIMENSIONS:
Floor Area:
Height
Principal Bldg.:
Accessory Bldg.:
On-Site parking:
% Site coverage:
% Open Space:
Front Setback: '0
Rear Setback: N
Combined
. FrontlRear:
Indicate N. S. E. W
Side Setback: E
Side Setback: V\)
Combined Sides:
.......,
Existing:
Existing:
Existing:
'l-tWOO
o
o
:S,'5 tiS
'5
j
Proposed:
Proposed:
Proposed:
"'-'i>,
(write n/a where no requirement exists in the zone district)
Existing: 2.11 bO Allowable: 1, ~ bL-Proposed:~
ID,DID
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I \ Allowable:~roposed:3L
t'> / A. Allowable:~Proposed:~
'1...- Required: f &0 Proposed: "-
r-J p." . Required:_'fJ1 A. Proposed:~
/),. lP% Required: i6% Proposed:----o%
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Required: L/ Proposed: '-'
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Existing:
Existing:
Existing:
Existing:
Existing:
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Required:
Proposed:
I \
Existing:~Required: 0
E .. ? I ,;>1' R . d 0'
xlstmg: .,. - J equlre:
Existing:Y fA Required:_~ I A:
,
Proposed: 0
I
Proposed: D
Proposed:-#A-
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
IJv)V\.f
Variations requested (identify the exact variances needed): vOl-oO~~
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P88
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