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AGENDA
Aspen Planning and Zoning Commission
SPECIAL MEETING
May 23, 2017
4:30 PM Sister Cities Meeting Room
130 S Galena Street, Aspen
I. SITE VISIT
II. ROLL CALL
III. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
IV. MINUTES
V. DECLARATION OF CONFLICT OF INTEREST
VI. PUBLIC HEARINGS
VII. OTHER BUSINESS
A. 210 W Main Street - Deed Restriction Amendment
VIII. ADJOURN
Next Resolution Number: 10, Series 2017
Typical Proceeding Format for All Public Hearings
1) Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legaJ notice (affi d avit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clari fications of applicant
7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal /clarification of evidence presented by applicant and public comment
1 1 ) Applicant rebuttal/clarification
End of fact finding.
Deliberation by the commission commences.
No further interaction between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met o r not met.
Revised April 2, 2014
210 W. Main Street
Staff memo
5.23.2017
1
MEMORANDUM
TO: Planning & Zoning Commission
FROM: Justin Barker, Senior Planner
THRU: Jennifer Phelan, Deputy Planning Director
RE: 210 W. Main Street - Deed Restriction Amendment
DATE: May 23, 2017
APPLICANT /OWNER:
King Louise, LLC
REPRESENTATIVE:
BendonAdams
LOCATION:
210 W. Main Street
CURRENT ZONING
Mixed Use (MU), the property contains 6
free-market units, 1 affordable housing unit,
and 1 residential/commercial unit
SUMMARY OF REQUEST:
The applicant requests P&Z approve an
amendment to the existing affordable
housing deed restriction to permit removal of
the deed restriction if the associated
commercial use is eliminated.
STAFF RECOMMENDATION:
Staff recommends P&Z approve the
requested amendment with conditions.
Image of the structure facing Main Street
Image of existing affordable housing unit
P1
VII.A.
210 W. Main Street
Staff memo
5.23.2017
2
BACKGROUND: 210 W. Main is a 6,000 square foot parcel, zoned Mixed Use (MU) and located
in the Main Street Historic District (Figure 1). The site currently contains two building with 6
free market residential units (south structure), 1 affordable housing unit, and one
commercial/residential unit (both in the north structure). See Figure 2 below for unit locations.
Figure 1 – property location Figure 2 – unit locations
The affordable housing unit (Unit 8) and commercial/residential unit (Unit 7) were both free-
market residential units when the property was originally developed in the 1960s. In 1995, the
property owner (who is requesting this approval) submitted a land use application asking for a
growth management exemption for a change in use to allow a commercial operation within Unit
7 during weekday business hours, while still remaining a dwelling unit at night and on weekends.
The applicant elected to deed restrict Unit 8 as a Category 1 unit as mitigation for the increase in
employees generated from the commercial use. P&Z approved the request.
In a typical change in use review, an existing use would be completely replaced by a different
use. In this case, P&Z approved Unit 7 to operate as both a residential and commercial space,
essentially two uses at the same time. The Code does not identify these hybrid type of uses, so it
is a unique circumstance. Even though it was not a full change in use for the space, the
discussion was that deed-restricting Unit 8 would satisfy the mitigation requirement if Unit 7
ended up converting to full-time commercial use. Or, if the commercial use ceased and Unit 7
reverted to a full-time dwelling unit, the deed restriction on Unit 8 could be removed. The
applicant would like to amend the deed restriction to reflect this. Deed restriction amendments
are now typically handled by APCHA, however the existing deed restriction (provided in Exhibit
B) contains a condition that states:
This Agreement may be removed by the Owner with the approval of the Planning and
Zoning Commission, subject to the requirement that the Employee Dwelling Unit is
removed or modified. If modified, the remaining improvements must no longer be
7 8
1-6
P2
VII.A.
210 W. Main Street
Staff memo
5.23.2017
3
capable of occupancy as a “dwelling unit” as defined in the Pitkin County Land Use
Code and must meet otherwise applicable code requirements.
Therefore, the applicant is requesting P&Z approval to amend the deed restriction to allow future
removal of the deed restriction on Unit 8 if the commercial use is eliminated from Unit 7 as an
administrative action1.
STAFF EVALUATION:
There are no review criteria for the requested action. A previous determination rendered by the
City in 2015 states that if a commercial use is eliminated, associated on-site affordable housing
mitigation units may be eliminated without triggering multi-family replacement requirements.
In review of the 1996 land use file, it appears that the deed restriction was only intended as a
requirement while the commercial use was in operation, and if a commercial use is eliminated
from the unit the deed restriction could be removed without additional requirements. If the
commercial operation is removed from Unit 7 and it is converted back into a residential only
unit, Unit 8 is no longer required mitigation since the commercial use no longer exists and could
revert to a free-market unit. This would essentially return the property to its existing condition
prior to the commercial use.
If the deed restriction amendment is approved, the applicant will be required to submit a building
permit application at the time of desired conversion and receive a reissued Certificate of
Occupancy that establishes Unit 7 as a residential use only prior to removal of the deed
restriction on Unit 8.
APCHA REFERRAL (EXHIBIT D):
The APCHA Board reviewed the deed restriction request at their May 17th regular meeting and
recommended approval of the proposed amendment. They are expected to review the affordable
housing project at a later date.
STAFF RECOMMENDATION:
Staff recommends approval of the request with conditions.
EXHIBITS:
A. Draft Resolution
B. Existing Deed Restriction
C. Application
D. APCHA recommendation
1 The applicant is currently in conceptual design review with HPC for 100% affordable housing
project. The next scheduled meeting is on May 31, 2017. This request is related to the proposed
project, but is a separate action which requires P&Z review and approval.
P3
VII.A.
Planning and Zoning Commission
Resolution No. -, Series 2017
Page 1 of 2
RESOLUTION NO. -
(SERIES OF 2017)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A DEED RESTRICTION AMENDMENT FOR 210 W. MAIN STREET,
LOTS P & Q, BLOCK 51, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2735-124-40-009
WHEREAS, the Community Development Department received an application from
King Louise, LLC (Applicant), represented by BendonAdams requesting a deed restriction
amendment for 210 W. Main Street; and,
WHEREAS, a GMQS exemption for a change in use was approved for Unit 7 from a
residential use to a mixed commercial/residential use at 210 W. Main Street by the Planning and
Zoning Commission on August 8, 1995 via Resolution No. 95-39, requiring a deed restriction to
be placed on the adjacent residential unit (Unit 8), recorded at reception number 386545; and,
WHEREAS, the Aspen Community Development Department reviewed the proposed
Application and recommended approval; and,
WHEREAS, the Planning and Zoning Commission reviewed the Application on May 23,
2017, during which time the recommendations of the Community Development Director and
Aspen/Pitkin County Housing Authority were considered by the Planning and Zoning
Commission; and,
WHEREAS, the Planning and Zoning Commission approved Resolution No. -, Series of
2017, by a - to - (- - -) vote, granting approval with the conditions listed hereinafter.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1:
The Planning and Zoning Commission hereby approves a deed restriction amendment for the
property located at 210 W. Main Street, with the conditions as contained herewith in. The revised
deed restriction is attached as Exhibit A.
Prior to release of the deed restriction, a building permit and Certificate of Occupancy shall be
issued by the City of Aspen establishing Unit 7 as a residential use only.
Section 2:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department and the Planning and Zoning
Commission are hereby incorporated in such plan development approvals and the same shall be
P4
VII.A.
Planning and Zoning Commission
Resolution No. -, Series 2017
Page 2 of 2
complied with as if fully set forth herein, unless amended by other specific conditions or an
authorized authority.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
FINALLY, adopted, passed and approved this 23rd day of May, 2017.
Approved as to form: Approved as to content:
__________________________ ______________________________
Andrea Bryan, Assistant City Attorney Skippy Mesirow, Chair
Attest:
_______________________________
Cindy Klob, Records Manager
Attachments:
Exhibit A: Revised Deed Restriction
P5
VII.A.
386545 B·-797 P-119 10/18/95 02:l&P PG 1 OF 4 PITKIN COUNTY CLERK & RECORDER REC
21.121121 SILVIA DAVIS
OCCUPANCY DEED RESTRICTION AND AGREEMENT
FOR AN EMPLOYEE DWELLING UNIT
APPROVED PURSUANT TO SECTION 3-1510
OF THE PITKIN COUNTY LAND USE CODE
DOC
THIS AGREEMENT is made and entered into this 5th day of September 1995, by
King Louise LLC (hereinafter referred to as "Owner"), whose address is 210 West Main
Street, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority,
a multi-jurisdictional housing authority established pursuant to the AMENDED AND
RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751
of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to
as "Authority").
WITNESS ETH
WHEREAS, Owner owns real property more specifically described as Lots P and
Q, Block 51, original Aspen townsite (hereinafter referred to as "Real Property"), which
Real Property shall contain a studio Employee Dwelling Unit, 284 square feet, known as
Unit No. 8 (hereinafter "Employee Dwelling Unit"), approved by the Aspen Planning and
Zoning Commission. For purposes of this Agreement, the Employee Dwelling Unit, the
Real Property, and all appurtenances, improvements and fixtures associated therewith
shall hereinafter be referred to as the "Property"; and
WHEREAS, this Agreement imposes certain covenants upon the Property which
restrict the use and occupancy of the Employee Dwelling Unit to employees and their
families who are employed in Pitkin County and meet the qualification guidelines
established and indexed by the Authority on an annual basis.
NOW, THEREFORE, in consideration of the mutual promises and obligations
contained herein, the Owner hereby covenants and agrees as follows:
1.Owner hereby covenants that the Employee Dwelling Unit described above shall
at all times remain a rental unit and shall not be condominiumized.
2.The use and occupancy of the Employee Dwelling Unit shall henceforth be limited
exclusively to housing for employees and their families who are employed in Pitkin
County and who meet the definition of "employee" as that term is defined by the
qualification guidelines established and indexed by the Authority on an annual
basis. Owner shall have the right to lease the Employee Dwelling Unit to a
"qualified employee" of his own selection. Such individual may be an employee
of the Owner, provided such person(s) fulfills the requirements of a qualified
employee.
NC
EXHIBIT B
P6
VII.A.
386545 B-797 P-120 10/18/95 02:lE>P PG 2 OF 4
3.The Employee Dwelling Unit shall not be occupied by the Owner or members of
the immediate family ("Immediate Family" shall mean a person related by blood
or marriage who is a first cousin [or closer relative] and his or her children) nor
shall the Employee Dwelling Unit be used a guest house or guest facility.
4.Written verification of employment of employee(s) proposed to reside in the
Employee Dwelling Unit shall be completed and filed with the Authority by the
Owner of the Employee Dwelling Unit prior to occupancy thereof, and such
verification must be acceptable to the Authority.
5.The Employee Dwelling Unit shall be required to be rented for periods of no less
than six (6) consecutive months. Upon vacancy of the Employee Dwelling Unit,
the Owner is granted ninety (90) days in which to locate a qualified employee.
If no employee is placed by the Owner, the Authority may rent the Employee
Dwelling Unit to a qualified employee.
6.The maximum rental rate shall not exceed the Category #1 rental rate as set forth
in the Rental Guidelines established by the Authority and may be adjusted
annually as set forth by the Guidelines. The maximum permitted rent for the unit
on the date of execution of this deed restriction is $324. Rent shall be verified
and approved by the Authority upon submission and approval of the lease.
Employees shall be qualified by the Authority as to employment only, and not
maximum income or asset limitations.
7.Lease agreements executed for occupancy of the Employee Dwelling Unit shall
provide for a rental term of not less than six (6) consecutive months. A signed
and executed copy of the lease shall be provided to the Authority by the Owner
within ten (10) days of approval of employee(s) for the Employee Dwelling Unit.
8.This Agreement may be removed by the Owner with the approval of the Aspen
Pl anning and Zoning Commission, subject to the requirement that the Employee
Dwelling Unit is removed or modified. If modified, the remaining improvements
must no longer be capable of occupancy as a "dwelling unit" as defined in the
Pitkin County Land Use Code and must meet otherwise applicable code
requirements.
9.Unless modified as stated above, this Agreement shall constitute covenants
running with the Real Property as a burden thereon for the benefit of, and shall
be specifically enforceable by, the Authority, the Board of County Commissioners
of the County of Pitkin, Colorado, and their respective successors, as applicable,
by any appropriate legal action including, but not limited to, injunction, abatement,
or eviction of non-qualified tenants.
2
P7
VII.A.
386545 B-797 P-121 10/18/95 02:16P PG 3 OF 4
IN WITNESS HEREOF, the parties hereto have executed this instrument on this
date and year above first written.
OWNERS: ,/J
Theodore K. Guy, President of King ise LLC
usann Guy, Vice President of Ki g Louise LLC
Mailing Address: P.O. Box 1467
Basalt, CO 81621
STATE OF
COUNTY
)
)
)
55.
.u,J The foregoing instrument was acknowledged before me this ti day of September,
1995, by Theodore K. Guy, President of King Louise LLC and Susann Guy, Vice
President of King Louise LLC.
WITNESS MY hand and official seal.
My Commission expires:
3
P8
VII.A.
386545 B-797 P-122 10/18/95 02:16P PG 4 OF 4
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the Aspen/Pitkin County
Housing Authority.
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By:
Elizabet�Krizmanich, Chairp�rson
Mailing Address:
Executive Director
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
STATE OF COLORADO )
)SS.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged. a p;li§11tkr, 1995, by Elizabeth Krizmanich.(?(A'IIW
WI TNESS MY hand and official seal.
My Commission expires:
\work\forms\edu.dr
4
before me this '-/ j,,--, day of
P9
VII.A.
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
April 12, 2017
Justin Barker
Senior Planner
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: 210 West Main Street – revised application
M r. Barker :
The applicant has made some revisions to the application based on Planning Staff and Referral Department
Feedback. In addition to an outline of these changes, please find a more detailed description of the
existing onsite parking and the 1995 Land Use approval to establish a total of 6 existing onsite parking
spaces. Following is an updated application.
Please accept this request to redevelop the property located at 210 West Main Street (Lots P & Q, Block
51, Parcel ID 2735-124-40-009). The 6,000 square foot site is located in the Mixed Use Zone District/Main
Street Historic District. The property is not an historic resource.
Exemption from Moratorium: The proposal is exempt from the current moratorium on new development
applications. Section 3 of Ordinance 7, Series of 2016 states: “The following land use applications shall be
exempt from this temporary moratorium…2. Any land use application seeking a Development Order for a
project consisting of 100% Affordable Housing as that term is defined at Section 26.104.100 of the Aspen
Municipal Code.” This application is submitted pursuant to the Land Use Code is place at the time of land
use application submittal.
Existing Conditions: The property was originally developed with eight studio apartments and is currently
developed with 7 studio apartments and 1 live/work space. The main building houses six studios, all free-
market, averaging just under 400 sq. ft. apiece. The alley building houses Suzanne’s Haircutting in
apartment 7, a 435 sq. ft. space, and a Category 1 rental unit in apartment 8, which is 260 sq. ft. The site
has six legal parking spaces, along the alleyway, two short of the current requirement. An existing curb cut
along Main Street provides access to the property in addition to alley access.
Parking: The site plan shows six legal parking spaces along the alleyway. The 1995 Planning &
Zoning Commission approval make note of commercial spaces along the alley being reorganized
to accommodate 8 spaces. The Planning & Zoning meeting minutes are a little confusing; however
it is clear that not all residential units have a parking space. The 1995 land use file includes a memo
EXHIBIT C
P10
VII.A.
210 West Main Street
Conceptual HPC Review
Revised 4/17/17
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
from the Engineering Department that calls attention to the absence of the dumpster on the site
plan. The dumpster was required to be located on private property. The parking situation and
accommodation for the dumpster was handled by stacking parking spaces along the side setback,
which is the current situation. Stacked spaces do not count as legal parking spaces for multi-family
developments under the Land Use Code. There are currently 6 legal parking spaces along the
alley, which are proposed to be replaced with the redevelopment. Planning Staff has indicated
that there are in fact 7 legal parking spaces approved for the development. While we do not agree,
considering the current condition of 6 legal spaces and a dumpster along the alley, we have
provided a response to the Special Review criteria for a reduction of the parking requirement from
7 spaces to 6 spaces. We have amended our proposal to provide a car-to-go parking space in lieu
of one of the assigned unit spaces. The car share program allows tenants to have easy access to
a shared car onsite rather an own a car.
Existing configuration of units is provided below:
Table 1: Existing units
Unit Bedrooms Total Net
livable Area
Minimum Size
Requirement
1 studio 343 500
2 studio 453.5 500
3 1 460.8 500
4 1 399.9 500
5 studio 369.9 500
6 studio 362.5 500
7 studio 435.1 500
8 studio 260.2 500
TOTAL 8 3084.9
Previous Approvals: The Planning and Zoning Commission, via Resolution 39-1995, approved apartment 7
to function as a “mixed commercial/residential use.” The staff report described the use as a live/work
space – “The unit will remain a residential unit as the salon will operate only during business hours.” As
noted above, apartment 8 was required mitigation for the live/work unit. The deed restriction (Reception
#386545) for apartment 8 was a condition of the change-in-use approval. Exhibit 14 includes meeting
minutes from the Planning and Zoning Commission meeting in 1995. As highlighted in the meeting
minutes:
“Ted Guy, the applicant, stated, we agree with the conditions and restrictions outlined in the
memorandum. The deed restriction that has been presented to us by the Housing Authority does
allow us, if we terminate the commercial use of this Unit #7, to apply to the Housing Authority to
remove the deed restriction on Unit #8, since it is no longer required. So, we have no problem with
staff’s recommendations.”
P11
VII.A.
210 West Main Street
Conceptual HPC Review
Revised 4/17/17
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Removal of the live/work space and in turn, the deed restriction on apartment 8, is proposed. In addition,
a Land Use Code Interpretation was rendered by the City in January of 2015, which ties use and the
mitigation together within a project: effectively, if the use is removed, then the mitigation is no longer
required. The Interpretation is included as Exhibit 13 for easy reference.
Proposal: The application proposes redevelopment of the site as 100% affordable housing, eight two-
bedroom apartments, in exchange for Certificates of Affordable Housing Credit. Removal of the live/work
space and lifting the Category designation of apartment 8 is proposed, thereby returning all eight units to
free-market status prior to redevelopment.
A three story building with surface parking along the alley is proposed to contain eight two-bedroom units.
Open space is proposed through an internal courtyard and required setbacks. The internal courtyard
provides residents with protection from the noise and commotion of Main Street. As a residential project,
the public amenity requirement is not applicable. Category 3 rental units are proposed with the ability to
convert to “for sale” units in the future. Units are proposed as shown below:
Table 2 : Proposed unit sizes and configurations
Unit Bedrooms Unit Net livable
Assigned
Storage Outside
Unit
Total Net livable Area
(including storage)
Minimum Size
Requirement FTEs
101 2 846.1 80 926.1 900 2.25
102 2 868.9 80 948.9 900 2.25
201 2 839.3 80.5 919.8 900 2.25
202 2 848.8 80.5 929.3 900 2.25
203 2 868.9 80.1 949 900 2.25
301 2 868.9 80.9 949.8 900 2.25
302 2 848.8 81 929.8 900 2.25
303 2 839.3 81 920.3 900 2.25
TOTALS 16 7,473 18
The proposed building reuses existing material from the current building. A trombe wall solar collecting
system is proposed for the front façade. This is an active system where the glass protects the pipes and
increases heat gain. A heat exchanger and storage tanks are used to preheat returning water for heat and
domestic hot water. Horizontal lap siding is proposed, which is consistent with the primarily wood 19th
century landmarks within the Historic District.
Pursuant to Land Use Code Section 26.515.030 Required number of off-street parking spaces, an existing
deficit of parking may be maintained when a property is redeveloped. The existing deficit of two parking
spaces is proposed to be maintained in the redevelopment. Six surface parking spaces are proposed. The
side streets have ample parking, as demonstrated with the current condition and through other similar
affordable housing projects such as 518 West Main Street. Planning Staff has indicated that seven spaces
are required to be provided onsite. As such, the applicant requests approval to reduce the onsite parking
P12
VII.A.
210 West Main Street
Conceptual HPC Review
Revised 4/17/17
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
requirement from 7 spaces to 6 spaces – which is what currently exists today. Special Review criteria for
Parking is provided as Exhibit 3.
Required trash area for multi-family residential of less than 10 units is 12 ft. wide by 10 ft. deep by 10 ft.
high or 120 sq. ft. in size. The proposed trash area, accessed off the alley is 14 ft. 7 in. by 7 ft. 8.5 in. by
8.5 ft. for a total of 112 sq. ft. We look forward to discussing the alternate dimensions with Environmental
Health as part of the review process.
Due to location within the Historic District, this project is reviewed by the Historic Preservation
Commission for demolition approval, and for compatibility with surrounding landmarks and consistency
with the purpose and intent of the Historic Preservation program.
This application requests the following reviews of the Historic Preservation Commission:
• Conceptual Major Development Review (Exhibit 1)
• Demolition for properties within the Main Street Historic District (Exhibit 1)
• Residential Design Standard Review (Exhibit 2)
• Special Review for 1.25:1 FAR and for Parking (Exhibit 3)
We look forward to discussing this project with you and with the Historic Preservation Commission as we
feel that it is a great addition to the Main Street Historic District, ensures that the property remains multi-
family housing, and provides affordable housing units within walking distance to downtown. Please
contact me with any questions or concerns: 925-2855 or sara@bendonadams.com
Kind Regards,
Sara Adams, AICP
BendonAdams, LLC
Attachments:
1 –Major Development Conceptual Review and Demolition
2 – Residential Design Standards – Multi-family Buildings
3 – Special Review
4 – TIA
5 - Pre-Application conference summary
6 - Vicinity Map
7 – Land Use Application and Dimensional Requirements Form
8 – Authorization to represent
9 – Disclosure of ownership
10 – Agreement to pay form
11 – HOA compliance form
12 – list of owners within 300 ft.
P13
VII.A.
210 West Main Street
Conceptual HPC Review
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
13 – City of Aspen Land Use Code Interpretation dated January 30, 2015
14 – Planning and Zoning Resolution 39, Series of 1995 and meeting minutes
15 - Context photographs
16 - Drawings, survey, (rendering to be produced prior to public hearing)
P14
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 1 of 15
Exhibit 1
HPC Major Development Conceptual Review
Demolition
Updated 4.17.17
26.415.060.B.2 The City of Aspen Historic Preservation Design Guidelines, as amended, which are on file
with the Community Development Department, will be used in the review of requests of certificates of no
negative effect or certificates of appropriateness. Conformance with the applicable guidelines and the
common development review procedures set forth in Chapter 26.304 will be necessary for the approval
of any proposed work:
Please find an analysis of the Main Street Historic District Design Guidelines and Objectives. The project
conforms with the Historic Preservation Design Guidelines including Chapters 1 & 12.
Chapter 1 – Site Planning and Landscape Design:
1.1 All projects shall respect the historic development pattern or context of the block, neighborhood
or district.
• Building footprint and location should reinforce the traditional patterns of the neighborhood.
• Allow for some porosity on a site. In a residential project, setback to setback development is
typically uncharacteristic of the historic context. Do not design a project which leaves no useful
open space visible from the street.
The building and circulation tower are oriented to parallel to Main Street. The building is L-shaped to allow
porosity and open space on the site for residents, while defining a street edge that reinforces the pattern
of development in the Historic District.
1.2 Preserve the system and character of historic streets, alleys, and ditches.
When HPC input is requested, the following bullet points may be applicable.
• Retain and preserve the variety and character found in historic alleys, including retaining historic
ancillary buildings or constructing new ones.
• Retain and preserve the simple character of historic ditches. Do not plant flowers or add
landscape.
• Abandoning or re-routing a street in a historic area is generally discouraged.
• Consider the value of unpaved alleys in residential areas.
• Opening a platted right of way which was abandoned or never graded may be encouraged on
a case by case basis.
Not applicable.
1.3 Remove driveways or parking areas accessed directly from the street if they were not part of the
original development of the site.
• Do not introduce new curb cuts on streets.
P15
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 2 of 15
• Non-historic driveways accessed from the street should be removed if they can be relocated to
the alley.
Not applicable.
1.4 Design a new driveway or improve an existing driveway in a manner that minimizes its visual
impact.
• If an alley exists at the site, the new driveway must be located off it.
• Tracks, gravel, light grey concrete with minimal seams, or similar materials are appropriate for
driveways on Aspen Victorian properties.
Not applicable.
1.5 Maintain the historic hierarchy of spaces.
• Reflect the established progression of public to private spaces from the public sidewalk to a semi-
public walkway, to a semi private entry feature, to private spaces.
A walkway is provided from Main Street sidewalk to the project.
1.6 Provide a simple walkway running perpendicular from the street to the front entry on residential
projects.
• Meandering walkways are not allowed, except where it is needed to avoid a tree or is typical of
the period of significance.
• Use paving materials that are similar to those used historically for the building style and install
them in the manner that they would have been used historically. For example on an Aspen
Victorian landmark set flagstone pavers in sand, rather than in concrete. Light grey concrete,
brick or red sandstone are appropriate private walkway materials for most landmarks.
• The width of a new entry sidewalk should generally be three feet or less for residential
properties. A wider sidewalk may be appropriate for an AspenModern property.
A perpendicular walkway is provided from the Main Street sidewalk to the project.
1.7 Provide positive open space within a project site.
• Ensure that open space on site is meaningful and consolidated into a few large spaces rather
than many small unusable areas.
• Open space should be designed to support and complement the historic building.
Open space is provided within the project site, behind the circulation tower.
1.8 Consider stormwater quality needs early in the design process.
• When included in the initial planning for a project, stormwater quality facilities can be better
integrated into the proposal. All landscape plans presented for HPC review must include at least
P16
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 3 of 15
a preliminary representation of the stormwater design. A more detailed design must be
reviewed and approved by Planning and Engineering prior to building permit submittal.
• Site designs and stormwater management should provide positive drainage away from the
historic landmark, preserve the use of natural drainage and treatment systems of the site, reduce
the generation of additional stormwater runoff, and increase infiltration into the ground.
Stormwater facilities and conveyances located in front of a landmark should have minimal visual
impact when viewed from the public right of way.
• Refer to City Engineering for additional guidance and requirements.
The project shall comply with City Engineering stormwater requirements. At a conceptual level, onsite
drywells are proposed to handle drainage.
1.9 Landscape development on AspenModern landmarks shall be addressed on a case by case basis.
Not applicable.
1.10 Built-in furnishings, such as water features, fire pits, grills, and hot tubs, that could interfere
with or block views of historic structures are inappropriate.
• Site furnishings that are added to the historic property should not be intrusive or degrade the
integrity of the neighborhood patterns, site, or existing historic landscape.
• Consolidating and screening these elements is preferred.
Not applicable.
1.11 Preserve and maintain historically significant landscaping on site, particularly landmark trees
and shrubs.
• Retaining historic planting beds and landscape features is encouraged.
• Protect historically significant vegetation during construction to avoid damage. Removal of
damaged, aged, or diseased trees must be approved by the Parks Department.
• If a significant tree must be removed, replace it with the same or similar species in coordination
with the Parks Department.
• The removal of non-historic planting schemes is encouraged.
• Consider restoring the original landscape if information is available, including original plant
materials.
Not applicable.
1.12 Provide an appropriate context for historic structures. See diagram.
• Simplicity and restraint are required. Do not overplant a site, or install a landscape which is
overtextured or overly complex in relationship to the historic resource, particularly in Zone A. In
Zone A, new planting shall be species that were used historically or species of similar attributes.
• In areas immediately adjacent to the landmark, Zone A and Zone B, plants up 42” in height, sod,
and low shrubs are often appropriate.
P17
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 4 of 15
• Contemporary planting, walls and other features are not appropriate in Zone A. A more
contemporary landscape may surround new development or be located in the rear of the
property, in Zone C.
• Do not cover areas which were historically unpaved with hard surfaces, except for a limited patio
where appropriate.
• Where residential structures are being adapted to commercial use, proposals to alter the
landscape will be considered on a case-by-case basis. The residential nature of the building must
be honored.
• In the case of a historic landmark lot split, careful consideration should be given so as not to over
plant either property, or remove all evidence of the landscape characteristics from before the
property was divided.
• Contemporary landscapes that highlight an AspenModern architectural style are encouraged.
Not applicable.
1.13 Additions of plant material to the landscape that could interfere with or block views of historic
structures are inappropriate.
• Low plantings and ground covers are preferred.
• Do not place trees, shrubs, or hedgerows in locations that will obscure, damage, or block
significant architectural features or views to the building. Hedgerows are not allowed as fences.
• Consider mature canopy size when planting new trees adjacent to historic resources. Planting
trees too close to a landmark may result in building deteriorate or blocked views and is
inappropriate.
• Climbing vines can damage historic structures and are not allowed.
Not applicable.
1.14 Minimize the visual impacts of landscape lighting.
• Landscape and pathway lighting is not permitted in Zone A (refer to diagram) on Aspen Victorian
properties unless an exception is approved by HPC based on safety considerations.
• Landscape, driveway, and pathway lighting on AspenModern properties is addressed on a case-
by-case basis.
• Landscape light fixtures should be carefully selected so that they are compatible with the
building, yet recognizable as a product of their own time.
• Driveway lighting is not permitted on Aspen Victorian properties.
• Landscape uplighting is not allowed.
Landscape lighting will be addressed during Final Design Review.
1.15 Preserve original fences.
• Fences which are considered part of the historic significance of a site should not be moved,
removed, or inappropriately altered.
P18
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 5 of 15
• Replace only those portions of a historic fence that are deteriorated beyond repair.
• Replacement elements must match the existing.
Not applicable.
1.16 When possible, replicate a missing historic fence based on photographic evidence.
Not applicable.
1.17 No fence in the front yard is often the most appropriate solution.
Reserve fences for back yards and behind street facing façades, as the best way to preserve the character
of a property.
Not applicable.
1.18 When building an entirely new fence, use materials that are appropriate to the building type
and style.
• The new fence should use materials that were used on similar properties during the period of
significance.
• A wood fence is the appropriate solution in most locations.
• Ornate fences, including wrought iron, may create a false history are not appropriate for Aspen
Victorian landmarks unless there is evidence that a decorative fence historically existed on the
site.
• A modest wire fence was common locally in the early 1900s and is appropriate for Aspen
Victorian properties. This fence type has many desirable characteristics including transparency,
a low height, and a simple design. When this material is used, posts should be simply detailed
and not oversized.
Not applicable.
1.19 A new fence should have a transparent quality, allowing views into the yard from the street.
• A fence that defines a front yard must be low in height and transparent in nature.
• For a picket fence, spacing between the pickets must be a minimum of 1/2 the width of the
picket.
• For Post-WWII properties where a more solid type of fence may be historically appropriate,
proposals will be reviewed on a case-by-case basis.
• Fence columns or piers should be proportional to the fence segment.
Not applicable.
1.20 Any fence taller than 42” should be designed so that it avoids blocking public views of important
features of a designated building.
P19
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 6 of 15
• A privacy fence should incorporate transparent elements to minimize the possible visual impacts.
Consider staggering the fence boards on either side of the fence rail. This will give the
appearance of a solid plank fence when seen head on. Also consider using lattice, or other
transparent detailing on the upper portions of the fence.
• A privacy fence should allow the building corners and any important architectural features that
are visible from the street to continue to be viewed.
• All hedgerows (trees, shrub bushes, etc.) are prohibited in Zones A and B.
Not applicable.
1.21 Preserve original retaining walls
• Replace only those portions that are deteriorated beyond repair. Any replacement materials
should match the original in color, texture, size and finish.
• Painting or covering a historic masonry retaining wall or covering is not allowed.
• Increasing the height of a retaining wall is inappropriate.
Not applicable.
1.22 When a new retaining wall is necessary, its height and visibility should be minimized.
• All wall materials, including veneer and mortar, will be reviewed on a case by case basis and
should be compatible with the palette used on the historic structure.
Not applicable.
1.23 Re-grading the site in a manner that changes historic grade is generally not allowed and will be
reviewed on a case by case basis.
Not applicable.
1.24 Preserve historically significant landscapes with few or no alterations.
• An analysis of the historic landscape and an assessment of the current condition of the landscape
should be done before the beginning of any project.
• The key features of the historic landscape and its overall design intent must be preserved.
Not applicable.
1.25 New development on these sites should respect the historic design of the landscape and its built
features.
• Do not add features that damage the integrity of the historic landscape.
• Maintain the existing pattern of setbacks and siting of structures.
• Maintain the historic relationship of the built landscape to natural features on the site.
• All additions to these landscapes must be clearly identifiable as recent work.
• New artwork must be subordinate to the designed landscape in terms of placement, height,
material, and overall appearance. Place new art away from significant landscape features.
P20
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 7 of 15
• Avoid installing utility trenches in cultural landscapes if possible.
Not applicable.
1.26 Preserve the historic circulation system.
• Minimize the impact of new vehicular circulation.
• Minimize the visual impact of new parking.
• Maintain the separation of pedestrian and vehicle which occurred historically.
Parking is proposed along the alley
1.27 Preserve and maintain significant landscaping on site.
• Protect established vegetation during any construction.
• If any tree or shrub needs to be removed, replace it with the same or similar species.
• New planting should be of a species used historically or a similar species.
• Maintain and preserve any gardens and/or ornamental planting on the site.
• Maintain and preserve any historic landscape elements.
Not applicable.
Chapter 12 – Accessibility, Architectural Lighting, Mechanical Equipment, Service Areas, &
Signage
12.1 Address accessibility compliance requirements while preserving character defining features of
historic buildings and districts.
• All new construction must comply completely with the International Building Code (IBC) for
accessibility. Special provisions for historic buildings exist in the law that allow some flexibility
when designing solutions which meet accessibility standards.
The proposed new building intends to meet all IBC requirements for accessibility.
12.2 Original light fixtures must be maintained. When there is evidence as to the appearance of
original fixtures that are no longer present, a replication is appropriate.
The existing building is not a designated landmark and is proposed to be demolished.
12.3 Exterior light fixtures should be simple in character.
• The design of a new fixture should be appropriate in form, finish, and scale with the structure.
• New fixtures should not reflect a different period of history than that of the affected building, or
be associated with a different architectural style.
• Lighting should be placed in a manner that is consistent with the period of the building, and should
not provide a level of illumination that is out of character.
P21
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 8 of 15
• One light adjacent to each entry is appropriate on an Aspen Victorian residential structure. A
recessed fixture, surface mounted light, pendant or sconce will be considered if suited to the
building type or style.
• On commercial structures and AspenModern properties, recessed lights and concealed lights are
often most appropriate.
Light fixtures, cut sheets and a more refined lighting plan will be included in the final design application
for Final Review.
12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash
storage.
• Place mechanical equipment on the ground where it can be screened.
• Mechanical equipment may only be mounted on a building on an alley façade.
• Rooftop mechanical equipment or vents must be grouped together to minimize their visual
impact. Where rooftop units are visible, it may be appropriate to provide screening with materials
that are compatible with those of the building itself. Use the smallest, low profile units available
for the purpose.
• Window air conditioning units are not allowed.
• Minimize the visual impacts of utility connections and service boxes. Group them in a discrete
location. Use pedestals when possible, rather than mounting on a historic building.
• Paint mechanical equipment in a neutral color to minimize their appearance by blending with
their backgrounds
• In general, mechanical equipment should be vented through the roof, rather than a wall, in a
manner that has the least visual impact possible.
• Avoid surface mounted conduit on historic structures.
Mechanical equipment is generally located in the basement.
12.5 Awnings must be functional.
• An awning must project at least 3 feet, and not more than 5 feet from the building façade.
• An awning may only be installed at a door or window and must fit within the limits of the door or
window opening.
• Awnings are inappropriate on AspenModern properties unless historic evidence shows otherwise.
Awnings are not proposed at this time.
12.6 Signs should not obscure or damage historic building fabric.
• Where possible, install a free standing sign that is appropriate in height and width. Consolidate
signage for multiple businesses.
• Mount signs so that the attachment point can be easily repaired when the sign is replaced. Do
not mount signage directly into historic masonry.
• Blade signs or hanging signs are generally preferred to wall mounted signs because the number
of attachment points may be less.
• Signs should be constructed of wood or metal.
• Pictographic signs are encouraged because they add visual interest to the street.
P22
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 9 of 15
12.7 Sign lighting must be subtle and concealed.
• Pin mounted letters with halo lighting will not be approved on Aspen Victorian buildings.
• The size of a fixture used to light a sign must be minimized. The light must be directed towards
the sign. If possible, integrate the lights into the sign bracket.
12.8 Locate signs to be subordinate to the building design.
• Signs should be located on the first floor of buildings, primarily.
• Signs should not obscure historic building details.
12.9 Preserve historic signs.
As a residential building, signage is not proposed.
Main Street Historic District Guidelines - Conceptual
Street & Alley Systems:
7.1 Preserve the historic district’s street plan.
7.2 Maintain the traditional character and function of an alley where it exists.
The proposed building is perpendicular to Main Street which is consistent with historic development
patterns.
Parking:
7.3 Parking shall not be positioned between the building and the street. Visual impacts shal be
mnimized in one or more of the following ways:
• Parking shall be placed undergoround or in a structure wherever possible.
• Where surgace parking must be provided, it shall be located to the rear of the interior of the
property, hebind the structure.
• Surface parking shall be externally buffered with landscpaing and internally planted and
landscpaed to soften parkign areas.
7.4 Underground parking access shall nto have a negative impact on the characer of the street.
Underground parking access shall be:
• Located on a secondary street where feasible – except where alley access is feasible.
• Deisgned with the same attention to detail and materials as the primary building façade.
• Integrated into tehbuilding design.
Surface parking is proposed off the alley.
Building Placement:
7.5 Respect historic settlement patterns.
• Site a new building in a way similar to historic buildings in the area. This includes consideration
fo building setbacks, entry orientation and open space.
7.6 Where a sidewalk exists, maintain its historic material and position.
• Historically sidewalks were detached from the curb, and separated by a planting strip.
7.7 Minimize the use of curb cuts along the street.
P23
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 10 of 15
• Provide auto access along an alley wherever
possible.
• New curb cuts are not permitted.
• Whenever possible, remove an existing curb
cut.
The proposed building complies with the required
setbacks within the Main Street Historic District.
Curb cuts are not proposed. The existing Main Street
curb cut, shown at right, will be abandoned.
Site:
7.8 Provide a walk to the primary building entry, perpendicular from the public sidewalk.
A sidewalk from Main Street is proposed to access the project.
Orientation:
7.9 Orient a new building in a manner that is similar to the orientation of buildings during the mining
era, with the primary entrance facing the street.
• The building should be oriented parallel to the lot lines, maintaining the traditional grid pattern
of the block.
• A structure or each street facing unit in the case of a multi-family structure, should have a primary
entrance that faces the street. The entrance ot the structure should be at an appropriate
residential scale and visible from the street.
The building is oriented parallel to lots lines. The units are accessed from a ground-level courtyard.
Building Alignment:
7.10 When cosntructing a new building, locate it to fit within the range of yard dimensions seen in the
block historically during the mining era.
The proposed building meets the 10 ft. setback requirement for Main Street, which repeats the pattern of
setbacks within the Historic District.
Secondary Structures:
7.11 Locate a new secondary structure in a manner that is similar to those seen historically in the
district.
• Secondary structures should be placed along the alley edge.
Not applicable.
Building Height, Mass & Scale
7.12 A new structure should step down in scale where it abuts a single story historic structure.
Not applicable. A single story historic structure is not adjacent to this property as shown in Figure 2.
Figure 1: Current curb cut along Main Street.
P24
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 11 of 15
7.13 A new building or addition should reflect the range and variation in building height of the Main
Street Historic District.
• Refer to the zone district regulations to determine the maximum height limit on the subject
property.
• A minimum second story floor to ceiling height of 9 ft. should be used in a method that is
respectful to historic buildings.
• Additional height, as permitted in the zone district, may be added for one or more of the
following reasons:
- The primary function of the building is civic. (i.e. the building is a Museum,
Performance Hall, Fire Station, etc.)
- Some portion of the property is affected by a height restriction due to its proximity to
a historic resource, or location within a View Plane, therefore relief in another area
may be appropriate.
- To benefit the livability of Affordable Housing units.
- To make a demonstrable (to be verified by the Building Department) contribution To
the building's overall energy efficiency, for instance b y providing improved
daylighting.
A three story 100% affordable housing building is proposed. 8 ft. floor to ceiling heights are proposed for
all units. The proposed building is 28 ft. at Main Street The Commercial Design Standards allow an increase
in height from 28 ft.4 in. at Main Street and steps up to 32 ft. toward the rear of the property. As noted
above, height up to 32 ft. may be added based on specific review criteria. The ability to increase to 32 ft.
benefits the livability of the affordable housing units by allowing taller floor to ceiling heights within the
units. The height and mass of the building allows enough surface area to facilitate a passive solar collector
on the front façade that greatly contributes to the building’s overall energy efficiency. Existing heights
Figure 2: Proposed street elevation. Subject property is indicated with arrow. Note – the streetscape has not been updated to reflect the lower height along Main St.
Figure 3: Streetscape with building heights. Note: larger image is included in the drawing set.
P25
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 12 of 15
within the block, based on the City’s SketchUp model, are shown in the graphic above: (from west to east)
Innsbruck 27.5 ft; office building 21.75 ft; current 210 Main building 23.75 ft., Tyrolean Lodge 27.25 ft.
7.14 Design a new building to appear similar in scale to those in the district during the mining era.
• Generally, a new building should be one to two stories in height.
A three story building with a flat roof is proposed to accommodate 8 affordable housing units. The
surrounding context of large two story buildings supports a three story building in this location. See
streetscape in Figures 2 and 3 above.
7.15 On larger structures, subdivide the mass into smaller “modules” that are similar in size to single
family residences or Victorian era buildings seen traditionally on Main Street.
• Other subordinate modules may be attached to the primary building form.
In order to accommodate 8 affordable housing units and to provide some open space on the site, the
project is three stories. The circulation is separate from the building into a separate tower which breaks
up the mass on the site and provides surface area for the proposed trombe wall passive solar collector.
The proposed separate veritical modules are connected with an outdoor walkway, similar to the massing
of the adjacent Tyrolean Lodge, an AspenModern property.
Building Height, Mass and Scale:
7.13 A new building or addition should reflect the range and variation in building height of the Main
Street Historic District.
The proposed building reflects the range of heights and variation within the block along Main Street. The
buildings within the blockface are all two stories in height. A range of building modules are found as shown
below. The proposed building fits within the context of the neighboring buildings.
Figure 4: Analysis of building modules Annabelle Inn
P26
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 13 of 15
Figures 5 & 6: Analysis of building modules. Top: adjacent building. Bottom: Tyrolean Lodge adjacent to property.
P27
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 14 of 15
7.14 Design a new building to appear similar in scale to those in the district during the mining era.
The proposed building has a flat roof which relates to the range of building forms within the block. The
proposed building has strong ties to the Tyrolean Lodge (shown above) which is vertically oriented and
broken into two masses with a connecting passageway. Modules of 25 ft., 13 ft. 9 in., and 7 ft. 9 in. are
proposed facing Main Street to break up the mass. Vertical elements are proposed on the front façade to
accommodate the Trombe Wall solar collection system and to relate to the adjacent Tyrolean Lodge, and
the verticality of the larger 19th Century residences found on Main Street. The solar collection system is 28
ft. 10 in. tall, which steps up to 32 ft.
Demolition of properties located within a Historic District
26.415.080. Demolition of designated historic properties or properties within a historic district.
It is the intent of this Chapter to preserve the historic and architectural resources that have demonstrated
significance to the community. Consequently no demolition of properties designated on the Aspen
Inventory of Historic Landmark Site and Structures or properties within a Historic District will be allowed
unless approved by the HPC in accordance with the standards set forth in this Section.
4. The HPC shall review the application, the staff report and hear evidence presented by the property
owners, parties of interest and members of the general public to determine if the standards for
demolition approval have been met. Demolition shall be approved if it is demonstrated that the
application meets any one of the following criteria:
a) The property has been determined by the City to be an imminent hazard to public safety and
the owner/applicant is unable to make the needed repairs in a timely manner,
b) The structure is not structurally sound despite evidence of the owner's efforts to properly
maintain the structure,
c) The structure cannot practically be moved to another appropriate location in Aspen or
d) No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance and
Additionally, for approval to demolish, all of the following criteria must be met:
a) The structure does not contribute to the significance of the parcel or Historic District in which
it is located and
b) The loss of the building, structure or object would not adversely affect the integrity of the
Historic District or its historic, architectural or aesthetic relationship to adjacent designated
properties and
c) Demolition of the structure will be inconsequential to the historic preservation needs of the
area.
P28
VII.A.
Exhibit 1
210 W. Main Street
Conceptual Design Reviews & Demolition
Page 15 of 15
No documentation exists to support that the property has historic significance. The loss of this building
will not adversely affect the integrity of the Historic District: the building does not contribute to the
significance of the District.
Figures 7 & 8: Current photographs of 210 West Main St.
P29
VII.A.
Exhibit 2-
210 W. Main Street
RDS
Page 1 of 2
Exhibit 2
Residential Design Standards
(Multi-family Residential)
26.410.010.B Applicability. Except as outlined in Section 26.410.010.C, Exemptions, this Chapter applies
to all residential development in the City, except for residential development within the R-15B zone
district. Specific applicability for each standard is identified within each standard.
26.410.040 Multi-family standards
A. Applicability. Unless states otherwise below, the design standards in this section shall apply to all
multi-family development.
B. Design standards.
1. Building Orientation (Flexible).
(c) Standard. The front façade of a building shall be oriented to face the street on which it is located.
The front façade faces Main Street.
2. Garage Access (Non-flexible).
(c) Standard. A multi-family building that has access from an alley or private street shall be
required to access parking, garages and carports from the alley or private street.
The parking is accessed along the alley.
3. Garage Placement (Non-flexible).
(c) Standard. The front of a garage or the front-most supporting column of a carport shall be set
back at least ten (10) feet further from the street than the front façade of the principal building.
Not applicable. The parking is accessed along the alley.
4. Entry Connection (Non-flexible).
(c) Standard. A building shall provide a visual and/or physical connection between a primary entry
and the street. On a corner lot, an entry connection shall be provided to at least on (1) of the two
intersecting streets.
A walkway, perpendicular to Main Street, is proposed to create a physical and visual connection between
the project and the street.
5. Principal Window (Flexible).
(c) Standard. At least one (1) street-facing principal window or grouping of smaller windows acting
as a principal window shall be provided for each unit facing the street. On a corner unit with
street frontage on two streets, this standard shall apply to both street-facing facades.
P30
VII.A.
Exhibit 2-
210 W. Main Street
RDS
Page 2 of 2
Each street facing unit has a group of windows facing the street to enhance a pedestrian friendly
environment and to contribute to the residential character of the Main Street Historic District.
P31
VII.A.
Exhibit 3 –
Special Review
210 W. Main St.
Page 1 of 4
Exhibit 3
Special Review
26.4130.040. Review standards for special review. No development subject to special review shall be
permitted unless the Planning and Zoning Commission makes a determination that the proposed
development complies with all standards and requirements set forth below.
A. Dimensional requirements. Whenever the dimensional requirements of a proposed
development are subject to special review, the development application shall only be approved
if the following conditions are met.
1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of
the proposed development are designed in a manner which is compatible with or enhances
the character of surrounding land uses and is consistent with the purposes of the underlying
zone district.
2. The applicant demonstrates that the proposed development will not have adverse impacts
on surrounding uses or will mitigate those impacts, including but not limited to the effects of
shading, excess traffic, availability of parking in the neighborhood or blocking of a designated
view plane.
The proposed project requests Special Review approval to increase the floor area from 1:1 to 1.25:1 as
permitted within the Main Street Historic District. The application proposes about a 1.23:1 FAR; however
the full 1.25:1 is requested to cover any errors in floor area calculations. The entire project includes 8
affordable housing units with an emphasis on livability and high quality: each two-bedroom unit provides
over 900 square feet of living space, two bathrooms, and ample storage. The units are arranged around
a common courtyard, providing social opportunities for the residents and open space that allows
additional windows for the units.
The floor area increase enables 8 spacious units of deed restricted affordable rental housing. As
demonstrated in Exhibit 1, the proposed mass is consistent with the existing buildings in the blockface and
across the street namely, the Tyrolean Lodge, Annabelle Inn and the Innsbruck. The proposed mass is
similar to the Tyrolean Lodge massing, an AspenModern property. The proposed building is broken into
two vertical modules facing Main Street. The modules are connected with exterior hallways. The proposed
height is within the allowances of the Main Street Historic District through Commercial Design Standard
review.
Minimum setbacks are met. A figure ground diagram of the existing buildings is shown below in Figure 1.
The black line delineates front property lines. The proposed building will be placed in a similar location to
the current condition. The building face of 210 W. Main Street is about 23 ft. from the property line;
however decks and steps are around 15 ft. from the property line. The proposed location of the building is
about 10 ft. from the property line, which is the minimum front yard setback for Main Street. Bringing the
building to the 10 ft. setback will soften the adjacent Annabelle Inn which sits on the property line.
P32
VII.A.
Exhibit 3 –
Special Review
210 W. Main St.
Page 2 of 4
The proposed density of 8 units replaces the existing 8 units on the site. Multi-family housing is identified
within the purpose of the Mixed Use zone district and consistent with the existing use on the property.
Multi-family residential uses are found throughout the Historic District, for example: 518 W. Main Street,
7th and Main Affordable Housing, and the Ullr to name a few. The property has historically been used for
multi-family residential units and has consistently served a local population. The replacement units will
continue this use pattern, and the new building will improve the overall aesthetics of the block.
D. Off-street parking requirements. Whenever a special review is conducted to determine a change in
the off-street parking requirements, it shall be considered in accordance with the standards set forth at
Chapter 26.515.
See below.
26.515.040. Special Review standards
Whenever the off-street parking requirements of a proposed development are subject to special
review, an application shall be processed as a special review in accordance with the common
development review procedures set forth in Chapter 26.304 and be evaluated according to the
following standards. Review is by the Planning and Zoning Commission.
A. A special review for establishing, varying or waiving off-street parking requirements may be
approved, approved with conditions or denied based on conformance with the following criteria:
Figure 1: Existing setbacks within blockface. Arrow indicates subject property.
P33
VII.A.
Exhibit 3 –
Special Review
210 W. Main St.
Page 3 of 4
1. The parking needs of the residents, customers, guests and employees of the project have
been met, taking into account potential uses of the parcel, the projected traffic generation of
the project, any shared parking opportunities, expected schedule of parking demands, the
projected impacts on the on-street parking of the neighborhood, the proximity to mass transit
routes and the downtown area and any special services, such as vans, provided for residents,
guests and employees.
2. An on-site parking solution meeting the requirement is practically difficult or results in an
undesirable development scenario.
3. Existing or planned on-site or off-site parking facilities adequately serve the needs of the
development, including the availability of street parking.
The neighborhood has on-street parking available on the side streets on a regular basis. The project
proposes to maintain the existing deficit of 2 parking spaces. Currently, the 8 residential units only have 6
parking spaces which has been adequate for the residents. The proposal is to maintain the density and
the parking configuration.
A shared car to go is proposed for one of the 6 onsite parking spaces to provide transportation options to
tenants of the building and to encourage car-free living and alternate transportation. The width of the lot,
60 feet, restricts the number of surface parking spaces that fit with alley access. The trash area is
incorporated into the building and an accessible space is provided along the alley that meets Building Code
requirements. A subgrade garage is cost prohibitive considering the size of the lot and that the
development is 100% deed restricted affordable housing.
The project is located on Main Street with numerous bus stops. Street parking is readily available at
nighttime. Photographs below show available parking during the week on side streets within a block of
the property.
The applicant requests approval for six onsite parking spaces, one of which is a designed car to go space,
and a waiver of the cash in lieu payment fee of $30,000.
P34
VII.A.
Exhibit 3 –
Special Review
210 W. Main St.
Page 4 of 4
Figures 2 – 4: Available parking on surrounding side streets in
early February.
P35
VII.A.
DATE:
PROJECT NAME:
PROJECT ADDRESS:
APPLICANT CONTACT
INFORMATION:
NAME, COMPANY,
ADDRESS, PHONE, EMAIL
Peak Hour Max Trips Generated MMLOS TDM Total Trips Mitigated
PM 5.3 10 0.06 10.06 0.00
A driveway curbcut on Main Street is proposed to be removed. The pedestrian experience along Main Street will be greatly improved by the
removal of this curb.
Include any additional information that pertains to the MMLOS plan in the space provided below.
Enter Text Here
TDM
Explain the proposed end of trip facilities strategy below. The provision of convenient facilities for pedestrians and cyclists encourages
these types of alternative modes, thus reducing SOV trips. Non-residential projects may provide facilities such as showers, secure bicycle
lockers, personal lockers, changing spaces, etc.
Project Description
In the space below provide a description of the proposed project.
Replacement of an existing multi-family building with a new multi-family building. No increase in unit density is proposed.
MMLOS
Explain what driveways are removed and how this benefits the pedestrian experience.
Chris Bendon
BendonAdams
300 S. Spring St. #202, Aspen, CO
970-925-2855
chris@bendonadams.com
Summary and Narrative:
Narrative:
2/15/2017
King Louise
210 West Main Street
Trip Generation
SUMMARY
Trip Mitigation NET TRIPS TO BE
MITIGATED
Click on the "Generate Narrative" Button to the right.
Respond to each of the prompts in the space provided.
Each response should cover the following:
1. Explain the selected measure.
2. Call out where the measure is located.
3. Demonstrate how the selected measure is appropriate to enhance the project site
and reduce traffic impacts.
4. Explain the Enforcement and Financing Plan for the selected measure.
5. Explain the scheduling and implementation responsibility of the mitigation measure.
6. Attach any additional information and a site map to the narrative report.
Exhibit 4
P36
VII.A.
APCHA and the City may decide to audit the HOA to determine the effectiveness of the proposed measures.
Scheduling and Implementation Responsibility of Mitigation Measures
Provide an overview of the scheduling and implementation responsibility for the proposed transportation mitigation measures.
Transportation mitigation measures are the responsibility of the HOA.
Monitoring and Reporting
Provide a monitoring and reporting plan. Refer to page 17 in the Transportation Analysis Guidelines for a list of monitoring plan
requirements. Components of a Monitoring and Reporting Plan should include (1) Assessment of compliance with guidelines, (2) Results
and effectiveness of implemented measures, (3) Identification of additional strategies, and (4) Surveys and other supporting data.
Pedestrian Directness Factor (See callout number 9 on the MMLOS sheet for an example)
Bicycle Parking
Enforcement and Financing
Provide an overview of the Enforcement and Financing plan for the proposed transportation mitigation measures.
There is no enforcement required for the proposed measures.
MMLOS Site Plan Requirements
Include the following on a site plan. Clearly call out and label each measure. Attach the site plan to the TIA submittal.
Slopes Between Back of Curb and Sidewalk
Removed Driveway(s)
2% Slope at Pedestrian Driveway Crossings
Extra storage to store bicycles and other alternative modes of transportation.
Explain the proposed trip reduction marketing/incentive program in the space provided. A trip reduction marketing programs should
include a number of the following strategies: orientation to trip reduction programs and benefits; orientation to specific alternative
transportation modes such as bus service information, bike/walk route maps, etc.; publishing of web or traditional informational
materials; events and contests such as commuter fairs, new employee orientations, bike to work days, etc.; educational opportunities
such bicycle commute/repair classes; web or traditional materials aimed at guests/customers such as bike/walk maps, free transit day
passes, etc.; incentive programs such as prizes, rewards or discounts for alternative commuting.
Bus routes, bike routes, and other similar programs that relate to in town residents will be provided in the HOA packet for future tenants or
purchasers.
Include any additional information that pertains to the TDM plan in the space provided below.
P37
VII.A.
= input
= calculation
DATE:
PROJECT NAME:
PROJECT ADDRESS:
APPLICANT CONTACT
INFORMATION:
NAME, COMPANY,
ADDRESS, PHONE, EMAIL
Minor
Entering Exiting Total Entering Exiting Total
Commercial (sf)-435.0 sf -0.68 -0.31 -0.99 -0.72 -1.08 -1.80
Free-Market Housing (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00
Affordable Housing (Units)8 Units 2.88 3.12 6.00 3.92 3.20 7.12
Lodging (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00
Essential Public Facility (sf)0.0 sf 0.00 0.00 0.00 0.00 0.00 0.00
2.20 2.81 5.01 3.20 2.12 5.32
Land Use Trip Rate %Entering %Exiting Trip Rate %Entering %Exiting
Commercial 2.27 0.69 0.31 4.14 0.4 0.6
Free-Market Housing 0.67 0.29 0.71 0.82 0.56 0.44
Affordable Housing 0.75 0.48 0.52 0.89 0.55 0.45
Lodging 0.25 0.57 0.43 0.31 0.52 0.48
Essential Public Facility 0.86 0.62 0.38 1.66 0.4 0.6
Chris Bendon
BendonAdams
300 S. Spring St. #202, Aspen, CO
970-925-2855
chris@bendonadams.com
Trip Generation
2/15/2017
AM Peak Average PM Peak Average
Trips Generated
AM Peak-Hour PM Peak-Hour
TOTAL NEW TRIPS
ASSUMPTIONS
ASPEN TRIP GENERATION
Is this a major or minor project?
210 West Main Street
King Louise
Net New
Units/Square Feet of
the Proposed ProjectProposed Land Use
*For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak-Hour and a 14% reduction for PM Peak-Hour is applied to
the trip generation.
Instructions:
IMPORTANT: Turn on Macros: In order for code to run correctly the security settings need to be altered. Click "File"
and then click "Excel Options." In the "Trust Center"category, click "Trust Center Settings", and then click the "Macro
Settings"category. Beneath "Macro Settings" select "Enable all Macros."
Sheet 1. Trip Generation: Enter the project's square footage and/or unit counts under Proposed Land Use. The
numbers should reflect the net change in land use between existing and proposed conditions. If a landuse is to be
reduced put a negative number of units or square feet.
Sheet 2. MMLOS: Answer Yes, No, or Not Applicable under each of the Pedestrian, Bike and Transit sections.Points
are only awarded for proposed (not existing) and confirmed aspects of the project.
Sheet 3. TDM: Choose the mitigation measures that are appropriate for your project.
Sheet 4. Summary and Narrative: Review the summary of the project's mitigated trips and provide a narrative which
explains the measures selected for the project. Click on "Generate Narrative" and individually explain each measure
that was chosen and how it enhances the site or mitigates vehicle traffic. Ensure each selected measure make sense
Minor Development -Inside the Roundabout
Major Development -Outside the Roundabout
Helpful Hints:
1. Refer to the Transportation Impact Analysis Guidelines for information on the use of this tool.
2. Refer to TIA Frequently Asked Questions for a quick overview.
2. Hover over red corner tags for additional information on individual measures.
3. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will
not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the
context of project location and future use.
Transportation Impact Analysis
TIA Frequently Asked Questions
P38
VII.A.
= input
= calculation
10
Category Sub.Measure Number Question Answer Points
1
Does the project propose a detached sidewalk where an attached
sidewalk currently exists? Does the proposed sidewalk and buffer
meet standard minimum widths?
0
2 Is the proposed effective sidewalk width greater than the standard
minimum width?0
3 Does the project propose a landscape buffer greater than the
standard minimum width?0
0
4
Does the project propose a detached sidewalk on an adjacent
block? Does the proposed sidewalk and buffer meet standard
minimum widths?
0
5 Is the proposed effective sidewalk width on an adjacent block
greater than the standard minimum width?0
6 Is the proposed landscape buffer on an adjacent block greater than
the standard minimum width?0
0
7 Are slopes between back of curb and sidewalk equal to or less than
5%?Yes 0
8 Are curbs equal to (or less than) 6 inches?Yes 0
9
Is new large-scale landscaping proposed that improves the
pedestrian experience? Properties within the Core do not have ample
area to provide the level of landscaping required to receive credit in
this category.
0
10 Does the project propose an improved crosswalk? This measure must
get City approval before receiving credit. 0
0
11 Are existing driveways removed from the street?Yes 5
12 Is pedestrian and/or vehicle visibility unchanged by new structure or
column?Yes 0
13 Is the grade (where pedestrians cross) on cross-slope of driveway 2%
or less?Yes 0
14
Does the project propose enhanced pedestrian access points from
the ROW? This includes improvements to ADA ramps or creating new
access points which prevent pedestrians from crossing a street.
0
15 Does the project propose enhanced pedestrian or bicyclist
interaction with vehicles at driveway areas?0
5
16 Is the project's pedestrian directness factor less than 1.5?Yes 0
17
Does the project propose new improvements which reduce the
pedestrian directness factor to less than 1.2? A site which has an
existing pedestrian directness factor less than 1.2 cannot receive
credit in this category.
0
18 Is the project proposing an off site improvement that results in a
pedestrian directness factor below 1.2?* 0
19 Are traffic calming features proposed that are part of an approved
plan (speed humps, rapid flash)?*0
0
20
Are additional minor improvements proposed which benefit the
pedestrian experience and have been agreed upon with City of
Aspen staff?
0
21
Are additional major improvements proposed which benefit the
pedestrian experience and have been agreed upon with City of
Aspen staff?
0
0
5Pedestrian Total*
MMLOS Input Page
Subtotal
SubtotalSidewalk Condition on Adjacent BlocksSidewalk Condition on Project FrontageSubtotal
Instructions: Answer Yes, No, or Not Applicable to each measure under the Pedestrian, Bike and Transit sections.
Subtotal
Subtotal
PedestriansSubtotalAdditional Proposed ImprovementsTOTAL NUMBER OF TRIPS MITIGATED:Pedestrian RoutesTraffic Calming and Pedestrian NetworkDriveways, Parking, and Access ConsiderationsP39
VII.A.
Category Sub.Measure Number Question Answer Points
22 Is a new bicycle path being implemented with City approved design?0
23 Do new bike paths allow access without crossing a street or
driveway?0
24 Is there proposed landscaping, striping, or signage improvements to
an existing bicycle path?0
25 Does the project propose additional minor bicycle improvements
which have been agreed upon with City of Aspen staff?0
26 Does the project propose additional major bicycle improvements
which have been agreed upon with City of Aspen staff?0
0
Bicycle Parking27 Is the project providing bicycle parking?Yes 5
5
5
Category Sub.Measure Number Question Answer Points
28 Is seating/bench proposed?0
29 Is a trash receptacle proposed?0
30 Is transit system information (signage) proposed?0
31 Is shelter/shade proposed?0
32 Is enhanced pedestrian-scale lighting proposed?0
33 Is real-time transit information proposed?0
34 Is bicycle parking/storage proposed specifically for bus stop use?0
35 Are ADA improvements proposed?0
0
36 Is a bus pull-out proposed at an existing stop?0
37 Is relocation of a bus stop to improve transit accessibility or roadway
operations proposed?0
38 Is a new bus stop proposed (with minimum of two basic amenities)?0
0
0
Bicycles Total*
Transit Total*BicyclesModifications to Existing Bicycle PathsTransitBasic AmenitiesSubtotal
Subtotal
Enhanced AmenitiesSubtotal
Subtotal
P40
VII.A.
Category Measure
Number Sub. Question Answer Strategy VMT
Reductions
Will an onsite ammenities strategy be implemented?No
Which onsite ammenities will be implemented?
Will a shared shuttle service strategy be implemented?NA
What is the degree of implementation?
What is the company size?
What percentage of customers are eligible?
3 Nonmotorized Zones Will a nonmotorized zones strategy be implemented?0.00%
0.00%
Category Measure
Number Sub. Question Answer Strategy VMT
Reductions
Will a network expansion stragtegy be implemented?
What is the percentage increase of transit network coverage?
What is the existing transit mode share as a % of total daily trips?
Will a service frequency/speed strategy be implemented?
What is the percentage reduction in headways (increase in frequency)?
What is the existing transit mode share as a % of total daily trips?
What is the level of implementation?
Will a transit access improvement strategy be implemented?
What is the extent of access improvements?
7 Intercept Lot Will an intercept lot strategy be implemented?0.00%
0.00%
Category Measure
Number Sub. Question Answer Strategy VMT
Reductions
Will there be participation in TOP?
What percentage of employees are eligible?
Is a transit fare subsidy strategy implemented?
What percentage of employees are eligible?
What is the amount of transit subsidy per passenger (daily equivalent)?
Is an employee parking cash-out strategy being implemented?
What percentage of employees are eligible?
Is a workplace parking pricing strategy implemented?
What is the daily parking charge?
What percentage of employees are subject to priced parking?
Is a compressed work weeks strategy implemented?
What percentage of employees are participating?
What is the workweek schedule?
Is an employer sponsered shuttle program implemented?
What is the employer size?
What percentage of employees are eligible?
Is a carpool matching strategy implemented?
What percentage of employees are eligble?
Is carshare participation being implemented?
How many employee memberships have been purchased?
What percentage of employees are eligble?
Is participation in the bikeshare program WE-cycle being implemented?
How many memberships have been purchased?
What percentage of employees/guests are eligble?
Is an end of trip facilities strategy being implemented?Yes
What is the degree of implementation? Low
What is the employer size? Small
Is a self-funded emergency ride home strategy being implemented?
What percentage of employees are eligible?
Is a carpool/vanpool priority parking strategy being implemented?
What is the employer size?
What number of parking spots are available for the program?
Is a private employer shuttle strategy being implemented?
What is the employer size?
What percentage of employees are eligible?
Is a trip reduction marketing/incentive program implemented?Yes
What percentage of employees/guests are eligible?100%
1.08%
0.00%
1.08%
1. 22% work trips represents a mixed-used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail.
Maximum Reduction Allowed in CategoryTransit System Improvements Strategies1
2
4
5
6
8
9
10
4.00%
0.00%
0.00%
0.00%
0.00%
0.00%
Maximum Reduction Allowed in Category
Maximum Reduction Allowed in Category
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
Bikeshare Program
0.00%
TDM Input Page
0.00%
1.00%
0.00%Commute Trip Reduction Programs StrategiesOnsite Servicing
Shared Shuttle Service
Neighborhood/Site Enhancements Strategies0.00%
0.00%
Network Expansion
Service Frequency/Speed
Transit Access Improvement
Participation in TOP
Transit Fare Subsidy
Employee Parking Cash-Out
Workplace Parking Pricing
Compressed Work Weeks
Employer Sponsored Vanpool
Carpool Matching
Carshare Program
Self-funded Emergency Ride Home
Carpool/Vanpool Priority Parking
Private Employer Shuttle
Trip Reduction Marketing/Incentive
Program
End of Trip Facilities
Cross Category Maximum Reduction, Neighborhood and Transit
Global Maximum VMT Reductions
11
12
13
14
15
21
16
17
18
19
20
Instructions TDM: Choose the mitigation measures that are appropriate for your project. Proposed TDM or
MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit
for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of
project location and future use.
P41
VII.A.
Directness Factor: 1.3
Walking Distance: 54 ft
Crow Flies Distance: 41 ft Crow Flies Distance: 41 fttf 45 :ecnatsiD gniklaWAccess Point
Bicycle Parking
6’
< 5%P42VII.A.
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Justin Barker, 970.429.2797 DATE:
6/28/16
PROJECT: 210 W. Main Street
UPDATED: 2/8/17
REPRESENTATIVE: Chris Bendon, BendonAdams
REQUEST: Major Development for property within a Historic District, Residential Design
Review, Demolition
DESCRIPTION:
The Applicant would like to demolish the existing development located at 210 W. Main Street and redevelop the
property. It is a 6,000 Sq. ft. lot in the Mixed Use (MU) zone district. Although the property is not designated, it is
located within the Main Street Historic District. The current development contains one commercial space, one (1)
deed-restricted AH unit, and six (6) free market units. The Applicant would like to develop the entire site with
affordable housing to create Affordable Housing Credits.
The maximum cumulative FAR in the MU Zone District is 1:1; which may be increased to 1.25:1 by Special
Review. The criteria outlined in Sec. 26.430.040.A Dimensional Requirements shall be addressed for any FAR
increase.
In terms of design, the Applicant shall address the requirements in Chapters 1 & 12 of the recently adopted
Historic Preservation Design Guidelines. The proposed development will need to meet the requirements for
residential multi-family development of Chapter 26.515, Off Street Parking, or will otherwise require Special
Review. The project is also subject to the Residential Design Standard requirements for multi-family
development, Section 26.410.040. Other issues that will need to be addressed are current requirements for on-
site trash, utility and recycling areas, and the City’s guidelines for Traffic Impact mitigation.
The Historic Preservation Commission (HPC) reviews all development within the Historic District and will perform
all reviews for this project. There will be two steps; Conceptual Review and Final Review.
Both the demolition of existing multi-family housing and the development of affordable housing require Growth
Management review. GMQS may be reviewed after Conceptual Review is granted. A separate pre-application
addressing Final HPC Review of a Major Development and GMQS review will be required. The establishment
of Affordable Housing Credits will be reviewed concurrently with the development of affordable housing at Final.
Affordable housing units developed by, or in association with: the City of Aspen, Pitkin County, the
Aspen/Pitkin County Housing Authority, or similar government or non-governmental organization (NGO) that
receives public funds for the purpose of building affordable housing are not eligible for Affordable Housing
Credits.
REVIEW PROCESS:
Step 1: HPC Conceptual Major Development, Demolition, Residential Design Standard Review,
Special Review (if needed)
City Council has an optional call-up of the consolidated application.
Step 2: HPC Final Major Development, GMQS, Establishment of Affordable Housing Credits
Exhibit 5
P43
VII.A.
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use App:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20fo
rm.pdf
s Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/
Historic Preservation Design Guidelines:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/HPC/New%20Historic%20Preservation%20Guideli
nes.pdf
Transportation Impact Analysis Requirements:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Current-Planning/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.410 Residential Design Standards
26.415.070(D) Historic Preservation – Major Development Review
26.415.080 Demolition of properties within a historic district
26.430 Special Review
26.515 Off-street Parking
26.575.020 Calculations and Measurements
26.610 Impact Fees
26.630 Transportation Impact Analysis Guidelines
26.710.180 Mixed Use zone district
and Municipal Code Section
12.10 Space Allotment for Trash and Recycling Storage
Review by: Staff for complete application
Review agencies for recommendation
Historic Preservation Commission for decisions
Public Hearing: Yes, at HPC
Planning Fees: $1,950 for 6 hours of staff time
Referral Fees: $325 deposit – Engineering
$975 flat fee – Parks
$975 flat fee – Environmental Health
Total Deposit: $4,225 (additional planning hours over deposit amount are billed at a rate
of $325/hour; additional engineering hours over deposit are billed at a rate
of $325/hour)
P44
VII.A.
To apply, submit the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an
ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts
and agreements affecting the parcel, and demonstrating the owner’s right to apply for the
Development Application.
Applicant’s name, address and telephone number in a letter signed by the applicant that states the
name, address and telephone number of the representative authorized to act on behalf of the
applicant.
HOA Compliance form (Attached)
Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined
in the City’s Transportation Impact Analysis Guidelines and Mitigation Tool, available online at:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Recent-
Code-Amendments/. A copy of the tool showing trips generated and the chosen mitigation measures
should be included with the application.
A written description of the proposal and an explanation in written, graphic, or model form of how the
proposed development complies with the review standards relevant to the development application
and relevant land use approvals associated with the property.
A site improvement survey (no older than a year from submittal) including topography and vegetation
showing the current status of the parcel certified by a registered land surveyor by licensed in the
State of Colorado.
Written responses to all review criteria.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
List of adjacent property owners within 300’ for public hearing.
A proposed site plan.
Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height,
massing, scale, proportions and roof plan; and the primary features of all elevations.
Preliminary selection of primary exterior building materials.
P45
VII.A.
Supplemental materials to provide a visual description of the context surrounding the designated
historic property or historic district including at least one (1) of the following: diagrams, maps,
photographs, models or streetscape elevations.
1 Complete Copy of all application materials. If the copy is deemed complete by staff, the
following items will then need to be submitted:
1 digital PDF copy of the complete application packet
12 sets of all graphics printed at 11x17
Total deposit for review of the application.
A sketch up model will be required for the public hearing.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. The summary does not create a legal or vested right.
P46
VII.A.
Exhibit 6
210 West Main Street – Vicinity Map
P47
VII.A.
City of Aspen Community Development Department
Aspen Historic Preser��� Land Use Packet
City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Applica�on Requirements, Updated: March 2016
ATTACHMENT 3 - Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
Project:
Applicant:
Project
Location:
Zone District:
Lot Size:
Lot Area:
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high
water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the
Municipal Code.)
Commercial net leasable: Existing:__________Proposed:_________________
Number of residential units: Existing:__________Proposed:_________________
Proposed % of demolition: __________
DIMENSIONS: (write N/A where no requirement exists in the zone district)
Floor Area:
Height
Existing:_________Allowable:__________Proposed:________
Principal Bldg.: Existing:_________Allowable:__________Proposed:_ ____
Accessory Bldg.: Existing:_________Allowable:__________Proposed:________
On-Site parking: Existing:_________Required:___________Proposed:________
% Site coverage: Existing:_________Required:___________Proposed:________
% Open Space: Existing:_________Required:___________Proposed:________
Front Setback: Existing:_________Required:___________Proposed:________
Rear Setback: Existing:_________Required:___________Proposed:________
Combined Front/Rear:
Indicate N, S, E, W Existing:_________Required:___________Proposed:________
Side Setback: Existing:_________Required:___________Proposed:________
Side Setback: Existing:_________Required:___________Proposed:________
Combined Sides: Existing:_________Required:___________Proposed:________
Distance between
buildings:
Existing:_________Required:___________Proposed:________
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
210 W Main Street
King Louise, LLC
210 W Main Street, Aspen CO
Mixed Use
6,000 sf
6,000 sf
435 0
7-8 8
100
3,282 sf
23.75’28’_
n/a n/a n/a
n/a n/a n/a
n/a n/a n/a
n/a n/a n/a
n/a n/a n/a
n/a
_________none ____________________________________________________________________
_____________________________________________________________________________
Variations requested (identify the exact variances needed): ______________________________
_________Special re______view r_____eques__ted f_________or 1:25:1 F______AR and for 6 onsite Parking Spaces
n/a n/a
5’ (E)5’5’
5’ (W)5’5’
10’10’10’
5’5’5’
6 6 6
about 7361 sf7500 sf
special
review
Exhibit 7
28'4" - 32
P48
VII.A.
City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016
ATTACHMENT 2 - Historic Preservation Land Use Application
PROJECT:
Name:
Location:
(Indicate street address, lot & block number or metes and bounds description of property)
Parcel ID # (REQUIRED)___________________________________________________________
Applicant:
Name:
Address:
Phone #: _______________________Fax#:___________________E-mail:_______________________________________________
REPRESENTATIVE:
Name:
Address:
Phone #: _______________________Fax#:___________________E-mail:________________________________________________
TYPE OF APPLICATION: (please check all that apply):
Historic Designation
Certificate of No Negative Effect
Certificate of Appropriateness
-Minor Historic Development
-Major Historic Development
-Conceptual Historic Development
-Final Historic Development
-Substantial Amendment
Relocation (temporary, on
or off-site)
Demolition (total demolition)
Historic Landmark Lot Split
King Louise Affordable Housing
210 West Main Street, Block 51, Lots P and Q City and Townsite of Aspen
King Louise, LLC
Chris Bendon, BendonAdams
300 So Spring Street, Suite 202, Aspen CO 81611
925-2855 chris@bendonadams.com
X
X
X Conceptual Residential Design
X Special Review
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
_________Eight resident____ i________al apartments wi________th smal____l hai____r sal____on__________________________________________________________________
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
_______Eight resi_____denti______al apartments______________________________________________________________________________________
27 351 244 0009
PO Box 1467, Basalt, Colorado 81621
970 927 3167 tkga@tkga.net
P49
VII.A.
City of Aspen Community Development Department
Aspen Historic Preservation Land Use Packet
City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016
General Information
Please check the appropriate boxes below and submit this page along with your application. This
information will help us review your plans and, if necessary, coordinate with other agencies that
may be involved.
YES NO
Does the work you are planning include exterior work; including additions, demolitions,
new construction, remodeling, rehabilitation or restoration?
Does the work you are planning include interior work, including remodeling,
rehabilitation, or restoration?
Do you plan other future changes or improvements that could be reviewed at this time?
In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative
Effect and a building permit, are you seeking to meet the Secretary of the Interior’s
Standards for Rehabilitation or restoration of a National Register of Historic Places
Property in order to qualify for state or federal tax credits?
If yes, are you seeking federal rehabilitation investment tax credits in
Conjunction with this project? (Only income producing properties listed
on the National Register are eligible. Owner-occupied residential
properties are not.)
If yes, are you seeking the Colorado State Income Tax Credit for
Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
Rehabilitation Loan Fund Conservation Easement Program Dimensional Variances
Increased Density Historic Landmark Lot Split Waiver of Park Dedication Fees
Conditional Uses Tax Credits
Exemption from Growth Management Quota System
X
X
X
X
P50
VII.A.
Exhibit 8P51VII.A.
Form 5011000 (6-22-10) Page 1 of 2 ALTA Plain Language Commitment (6-17-06)
Title Insurance Commitment
ISSUED BY
First American Title Insurance Company
Commitment
INFORMATION
The Title Insurance Commitment is a legal contract between you and the
Company. It is issued to show the basis on which we will issue a Title
Insurance Policy to you. The Policy will insure you against certain risks to the
land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Policy contains an arbitration clause. All arbitrable matters when the
Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or you as the exclusive remedy of the parties. You may
review a copy of the arbitration rules at http://www.alta.org/.
The Commitment is based on the land title as of the Commitment Date. Any
changes in the land title or the transaction may affect the Commitment and
the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE
COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY
CAREFULLY.
If you have any questions about the Commitment, contact:
FIRST AMERICAN TITLE INSURANCE COMPANY
1 First American Way, Santa Ana, California 92707
TABLE OF CONTENTS
AGREEMENT TO ISSUE POLICY 1
CONDITIONS 2
SCHEDULE A Insert
1. Commitment Date
2. Policies to be Issued, Amounts
and Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE B-I - REQUIREMENTS Insert
SCHEDULE B-II - EXCEPTIONS Insert
AGREEMENT TO ISSUE POLICY
We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A,
this Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also,
our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-I.
The Exceptions in Schedule B-II.
The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
(This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
[[
Exhibit 9
P52
VII.A.
Form 5011000 (6-22-10) Page 2 of 2 ALTA Plain Language Commitment (6-17-06)
CONDITIONS
1.DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records
that give constructive notice of matters affecting your title according to the state statutes where your land is
located.
2.LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear
for the first time in the public records or are created or attached between the Commitment Date and the date on which
all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this
amendment.
3.EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend
Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be
liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.
4.LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements.
If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited
to your actual loss caused by your relying on this Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section I
or
Eliminate with our written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is
subject to the terms of the Policy form to be issued to you.
5.CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must
be based on this Commitment and is subject to its terms.
P53
VII.A.
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003520 - B
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003520
SCHEDULE A
1. Effective Date: February 7, 2017 at 07:45 AM
2. Policy or Policies to be issued:Amount Premium
A. ALTA Owners Policy (06/17/06)TBD $0.00
Proposed Insured: TBD
Certificate of Taxes Due $0.00
Endorsements:
Additional Charges:$0
Total $0.00
3. The estate or interest in the land described or referred to in this Commitment is Fee simple.
4. Title to the Fee simple or interest in the land is at the Effective Date vested in:
KING LOUISE LLC, a Colorado limited liability company
5. The land referred to in the Commitment is described as follows:
SEE EXHIBIT A ATTACHED HERETO
For informational purposes only, the property address is: 210 West Main Street, Aspen, CO 81611.
Attorneys Title Insurance Agency of Aspen, LLC
By:
Winter VanAlstine
Authorized Officer or Agent
FOR INFORMATIONAL PURPOSES OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT:
Attorneys Title Insurance Agency of Aspen, LLC, 715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970
925-7328, Fax: 970 925-7348.
P54
VII.A.
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
16003520 - B
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003520
SCHEDULE B
1. Requirements:
1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
2. Pay us the premiums, fees and charges for the policy.
3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed,
delivered and recorded.
4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the
land or who will make a loan on the land. We may then make additional requirements or exceptions.
5. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due
and payable.
6. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an
authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122).
7. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against
any unfiled materialmen's or mechanic's liens.
8. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from King Louise, LLC, a Colorado limited liability company, to TBD, the proposed insured, Schedule A,
item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not
necessarily the same as the property address) be included on the face of the Deed to be recorded.
9. Record a Statement of Authority to provide prima facie evidence of existence of KING LOUISE LLC, a Colorado
limited liability company, an entity capable of holding property, and the name of the person authorized to execute
instruments affecting title to real property as authorized by C.R.S. Section 38-30-172.
10. Certificate of Good Standing from the Colorado Secretary of State for KING LOUISE LLC, a Colorado limited
liability company.
11. A copy of the properly signed and executed Operating Agreement if written, for KING LOUISE LLC, a Colorado
limited liability company, to be submitted to the Company for review.
12. Additional Requirements may be included once the name of the Buyer is provided.
13. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be
taken to adverse matters disclosed thereby. (REQUIREMENT SATISFIED).
14. This Title Commitment is subject to underwriter approval.
P55
VII.A.
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003520
SCHEDULE B
(Continued)
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003520 - B
2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained
by an inspection of the Land or by making inquiry of persons in possession thereof.
2. Easements, or claims of easements, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey
and inspection of the Land would disclose, and which are not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not
shown in the Public Records.
5. Any and all unpaid taxes, assessments and unredeemed tax sales.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the
Public Records.
7. Taxes and assessments for the year 2016 and 2017, and subsequent years, a lien not yet due or payable.
8. Reservations and exceptions as set forth in the Deed from the City of Aspen 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", dated October 7, 1887, and recorded October 7, 1887, in Book 59 at Page 12, as
Reception No. 020679.
9. Terms, conditions, provisions, agreements and obligations specified under the Patent, dated January 29, 1897,
and recorded March 1, 1897, in Book 139 at Page 216, as Reception No. 060156.
10. Terms, conditions, provisions, agreements and obligations specified under An Ordinance Designating As An
Historic District all of those Properties Abutting (on the North and South) Main Street Between Monarch and
Seventh Streets, andall of Paepcke Park, Within the City of Aspen: Which Area is More Particularly Described as
Lots K, L, M, N, O, P, Q, R and S of Block 18, 24, 30, 37, 44, 51, 58, 66, 73; Lots A, B, C, D, E, F, G, H and J of
Blocks 19, 25, 31, 38, 45, 52, 59, 71; and all of Block 67 of the Original Aspen Townsite (Ordinance No. 60, Series
of 1976), dated October 25, 1976, and recorded December 9, 1976, in Book 321 at Page 51, as Reception No.
189906.
11. Terms, conditions, provisions, agreements and obligations specified under the Occupancy Deed Restriction and
Agreement for an Employee Dwelling Unit Approved Pursuant to Section 3-1510 of the Pitkin County Land Use
Code, dated September 5, 1995, and recorded October 18, 1995, in Book 797 at Page 119, as Reception No.
386545.
P56
VII.A.
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003520
SCHEDULE B
(Continued)
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003520 - B
12. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
13. Any and all notes, easements and recitals as disclosed on the Improvement Survey Plat, provided by Sopris
Engineering - LLC, dated May 2007.
14. Deed of Trust from King Louise LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for
the benefit of Alpine Bank, a Colorado Banking Corporation, to secure an indebtedness in the principal sum of
$250,000.00, and any other amounts and/obligations secured thereby, dated May 20, 2016, and recorded June 7,
2016, as Reception No. 629837.
P57
VII.A.
ALTA Commitment 16003520 - B
Exhibit A
First American Title Insurance Co.
Commitment No.: 16003520
EXHIBIT A
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
Lots P&Q, Block 51, CITY AND TOWNSITE OF ASPEN, Pitkin County, Colorado.
P58
VII.A.
First American Title Insurance Company
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall
contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and
Recorder will refuse to record or file any document that does not conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with
the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible
to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the
title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance
company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s
policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction
which was closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance
contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation
from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or
instructed the company in writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction
shall be obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special
districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk
and Recorder, or the County Assessor.
NOTE: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or
exceptions, in Schedule B, Section 2.
A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed
from the surface estate and that there is a substantial likelihood that a third party holds some or all
interest in oil, gas, other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner’s
permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s
lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B,
Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following
conditions:
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for
the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment
from the Owner’s Policy to be issued) upon compliance with the following conditions:
A. The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic’s and material-men’s liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be
purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information as
to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed
Indemnity Agreements satisfactory to the company, and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for
or agreed to pay.
P59
VII.A.
First American Title Insurance Company
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate
transaction shall disburse funds as a part of such services until those funds have been received and are available for
immediate withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document
presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or
grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts
or information to an insurance company for the purpose of defrauding or attempting to defraud the company.
Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or
agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a
policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with
regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of
insurance within the department of regulatory agencies.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA
Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the
commitment.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless
the above conditions are fully satisfied.
P60
VII.A.
ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC
715 West Main Street, Suite 202
Aspen, CO 81611
Attorneys Title Insurance Agency of Aspen, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates,
from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you
with a notice of its privacy policies and practices, such as the type of information that it collects about you and the
categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with
this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen,
LLC.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on application or other forms.
Information about your transactions we secure from out files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customer to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
TELEPHONE 970 925-7328 FACSIMILE 970 925-7348
P61
VII.A.
Exhibit 10P62VII.A.
P63VII.A.
Pitkin County Mailing List of 300 Feet Radius
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
From Parcel: 273512440009 on 02/13/2017
Instructions:
Disclaimer:
http://www.pitkinmapsandmore.com
Exhibit 12
P64
VII.A.
212 WEST HOPKINS LLC
ASPEN, CO 81611
212 W HOPKINS AVE
ASPEN HOUSE LLC
CHICAGO, IL 60601
225 N COLUMBUS DR #100
GUNNING RALPH
ASPEN, CO 81612
PO BOX 11912
ASPEN HOMEOWNERS ASSOCIATION
ASPEN, CO 81611
311 W MAIN ST
GUNNING JANINE L
ASPEN, CO 81612
PO BOX 11705
PRICE DOUGLAS
CABIN JOHN, MD 20818
PO BOX 220
MOUNTAIN LODGE HOLDINGS LLC
ASPEN, CO 81611
605 W MAIN ST # 2
CRETE ASSOCIATES LP
BRYN MAWR, PA 19010
1062 E LANCASTER AVE #30B
HEINEMAN S MARLENE
DALLAS, TX 753810323
PO BOX 810323
BROWDE DAVID A
CHAPPAQUA, NY 10514
604 QUAKER RD
TEMPKINS HARRY & VIVIAN
MIAMI BEACH, FL 33139
605 LINCOLN RD #301
CHAMBERS PETE
CABIN JOHN, MD 20818
PO BOX 220
SILVERSTEIN PHILIP & ROSALYN
BRONX, NY 10463
25 KNOLLS CRESCENT APT 81
JACOBY FAMILY LP
VERO BEACH, FL 32960
700 20TH ST
KARP MICHAEL
PHILADELPHIA, PA 19103
1630 LOCUST ST #200
SHEEHAN WILLIAM J & NANCY E
FRANKFORT, IL 60423
10 GOLF VIEW LN
RICKEL DAVID
LANDSDALE, PA 19446
275 GOLDENROD DR
SNYDER GARY
ELKINS PARK, PA 19027
8324 BROODSIDE RD
BOOKBINDER FISHDANCE & DELANEY LLC
GRAND JUNCTION, CO 81503
164 LITTLE PARK RD
WEST HOPKINS LLC
POTOMAC, MD 20859
PO BOX 61510
BERGHOFF KRISTIN TRUST
INDIANAPOLIS, IN 46236
9112 WALNUT GROVE DR
BERGHOFF MICHAEL R TRUST
INDIANAPOLIS, IN 46236
9112 WALNUT GROVE DR
2401 BLAKE LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
132 W MAIN LLC
DENVER, CO 80202
1615 CALIFORNIA ST # 707
MONARCH I LLC
LEAWOOD, KS 66211
4601 COLLEGE BLVD #350
DH ASE LLC
WILMINGTON, DE 19808
2711 CENTERVILLE RD # 400
SEVEN SEAS INVESTMENT LLC
WILMETTE, IL 60091
1120 MICHIGAN AVE
118 NORTH FIRST LLC
ASPEN, CO 81611
623 E HOPKINS AVE
TYROL APARTMENTS LLC
ASPEN, CO 81611
200 W MAIN ST
TYROLEAN LODGE LLC
ASPEN, CO 81611
200 W MAIN ST
P65
VII.A.
SKILOFT LLC
HOUSTON, TX 77046
11 GREENWAY PLAZA #2000
HITE HENRY HARRIS REVOC TRUST
WOODY CREEK, CO 81656
PO BOX 155
HITE ANGELA R FAMILY TRUST
WOODY CREEK, CO 81656
PO BOX 155
CHISHOLM EDITH S
ASPEN, CO 81611
205 W MAIN ST
STEVENSON KAREN H
ASPEN, CO 81611
205 W MAIN ST
CHISHOLM HEATHER M
ASPEN, CO 81611
205 W MAIN ST
212 N SECOND ST LLC
TAMPA, FL 33613
509 GUISANDO DE AVILA #201
ELKINS LESLIE KEITH TRUST
HOUSTON, TX 77002
1001 FANNIN #700
233 WEST BLEEKER LLC
ASPEN, CO 81611
400 E MAIN ST #2
CHOOKASZIAN DENNIS
WILMETTE, IL 60091
1100 MICHIGAN AVE
MARTIN SCOTT M
ASPEN, CO 81611
PO BOX 51
SAND KATHERINE M
ASPEN, CO 81612
PO BOX 51
GUNN ROBERT W FAMILY TRST
MARBLEHEAD, MA 01945
409 OCEAN AVE
GUERRA DONNA
DALLAS, TX 75205
3622 SPRINGBROOK ST
MAYER KEVIN
ASPEN, CO 81611
222 W HOPKINS AVE #2
GROSVENOR DENIS
TAOS, NM 875716922
209 CAMINO DE LA MERCED UNTI C
FCB LLC
SNOWMASS VILLAGE, CO 81615-6622
PO BOX 6622
GASTON JOHN & KATHERINE
GREENWICH, CT 06831
16 BRYNWOOD LN
GREENASPEN LLC
KEY BISCAYNE, FL 33149
30 ISLAND DR
GARMISCH LODGING LLC
ASPEN, CO 81611
110 W MAIN ST
TWIN COASTS LTD
BOCA RATON, FL 33432
433 PLAZA REAL #275
INNSBRUCK CONDO ASSOC
ASPEN, CO 81611
233 W MAIN ST
BLUEGREEN VACATIONS UNLIMITED INC
BOCA RATON, FL 33431
4960 CONFERENCE WY N #100
HOTEL ASPEN CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
110 W MAIN ST
ASPEN MEDICAL CENTER CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
W MAIN ST
NORTHSTAR OFFICE BUILDING CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
122 W MAIN ST
DIMITRIUS RALLI TRUST
PASADENA, CA 91103
535 FREMONT DR
HAYMAX LODGING LLC
ASPEN, CO 81611
605 W MAIN ST #2
JES 2002 GRANTOR TRUST
ASPEN, CO 81611
221 N STARWOOD DR
SHIELD JULIET E
ASPEN, CO 81611
221 N STARWOOD DR
P66
VII.A.
STEVENS BRUCE
ASPEN, CO 81611
214 W BLEEKER ST
STEVENS LESLEY
ASPEN, CO 81611
214 W BLEEKER ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
KETTELKAMP GRETTA M
PUEBLO, CO 81008
3408 MORRIS AVE
LADA COMMUNITY PROPERTY TRUST
LAS VEGAS, NV 89109
2860 AUGUSTA DR
MELTON DAVID
ASPEN, CO 81611
135 W MAIN ST
GLICKMAN ADAM
ASPEN, CO 81612
PO BOX 1207
RILEY AMY CLARK
ASPEN, CO 81611
129 W BLEEKER ST
NEWKAM PATRICK C
ASPEN, CO 81611
211 W MAIN ST
GUENTHER TODD
ASPEN, CO 81611
121 W BLEEKER LLC
NIMMO GUENTHER KELLY
ASPEN, CO 81611
121 W BLEEKER ST
PESIKOFF DAVID
HOUSTON, TX 77098
1811 NORTH BLVD
ROMANUS RAYMOND
CALUMET CITY, IL 60409
19 RIVER OAKS DR
TACO 2 LLC
ASPEN, CO 81611
220 W MAIN ST #202
SPERAW ENDEAVORS LLC
SNOWMASS VILLAGE, CO 81615
PO BOX 6575
WEST MAIN VENTURES
ASPEN, CO 81612
PO BOX 11977
ASPEN MAIN OFFICE CONDO ASSOC
ASPEN, CO 81611
220 W MAIN ST
AJAX VIEW COMMERCIAL/NORTH STAR OFFICE
ASPEN, CO 81611
132 W MAIN ST
ASPEN CONDOS ASSOC
ASPEN, CO 81611
COMMON AREA
311 W MAIN ST
WEST SIDE CONDO ASSOC
ASPEN, CO 81611
234 W HOPKINS AVE
GARET CONDO ASSOC
ASPEN, CO 81611
400 E MAIN ST #2
P67
VII.A.
Exhibit 13P68VII.A.
P69VII.A.
P70VII.A.
Exhibit 14
P71
VII.A.
P72
VII.A.
P73
VII.A.
P74
VII.A.
P75
VII.A.
P76
VII.A.
P77
VII.A.
P78
VII.A.
P79
VII.A.
Exhibit 15
P80VII.A.
P81VII.A.
P82VII.A.
P83VII.A.
TYROLEAN LODGE LLC200 W MAIN STASPEN, CO 81611PARCEL NUMBER 273512440010SEVEN SEAS INVESTMENT LLC1120 MICHIGAN AVEWILMETTE, IL 60091PARCEL NUMBER 273512440007MAIN STREETFIRST STR
E
E
T S75°09'11"E60.00'N14°50'49
"
E
100.00'N75°09'11"W60.00'S14°50'49"
W
100.00'GRAVEL ALLEYBASIS OF B
E
A
R
I
N
G100.0' R.O.W.(ASPHALT SURFACE)75.45' R.O
.
W
.(ASPHALT
S
U
R
F
A
C
E
)20.40' R.O.W.(GRAVEL SURFACE)LOTS P & QSURVEYOR'S CERTIFICATEI hereby state that this Improvement Survey Plat was prepared by SoprisEngineering, LLC (SE) for King Louise LLC .I furthermore state that the improvements on the above described parcel onthis date, February 3, 2017, except utility connections are entirely within theboundaries of the parcel except as shown, that there are no encroachmentsupon the described premises by improvements on any adjoining premises,except as indicated, and that there is no apparent evidence or sign of anyeasement crossing or burdening any part of said parcel, except as noted. Ifurthermore state that this property is subject to reservations, restrictions,covenants and easements of record or in place. I furthermore state,the relative positional accuracy of this survey does not exceed 1:15,000.______________________________________Mark S. Beckler L.S. #28643IMPROVEMENT SURVEY PLAT MAP OF:SHEET 1 OF 1LOTS P AND Q BLOCK 51A PARCEL OF LAND SITUATED IN THE NW14 OF SECTION 7TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M.COUNTY OF PITKIN, STATE OF COLORADONOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.SOPRIS ENGINEERING - LLCCIVIL CONSULTANTS502 MAIN STREET, SUITE A3CARBONDALE, COLORADO 81623(970) 704-0311 SOPRISENG@SOPRISENG.COMKK 27113 02/14/17 27113 ISP 2017.DWGVICINITY MAPSCALE: 1" = 2000'GENERAL UTILITY NOTES:1. The locations of underground utilities have been plotted based onutility maps, construction/design plans, other information provided byutility companies and actual field locations in some instances. Theseutilities, as shown, may not represent actual field conditions. It is theresponsibility of the contractor to contact all utility companies for fieldlocation of utilities prior to construction.GAS VALVECURB STOPELECTRIC METERTELEPHONE PEDESTALCATV PEDESTALEXISTING CONDITIONS LEGEND1 inch = ft.( IN FEET )GRAPHIC SCALE010102010405LOTS P AND Q,BLOCK 51,CITY AND TOWNSITE OF ASPENCOUNTY OF PITKINSTATE OF COLORADOPROPERTY DESCRIPTIONLIGHT POLEWOODEN FENCENOTES1) Date of Survey: May 2007, January 2011,Updated: February 3, 20172) Date of Preparation: February 8, 2017.3) Basis of Bearing: A bearing of S 14°50'49" W between the found #5 rebarand 1.25" plastic cap L.S. 2547 monumenting the Northeast boundary corner ofLot Q, and the set 1.50" brass disk L.S. 28643 2' witness corner monumentingthe Southeast boundary corner of Lot Q, as shown .4) Basis of Survey: Basis of Survey: The Plat of The City of Aspen, PitkinCounty Colorado by G.E. Buchanan dated December 15, 1959, variousdocuments of record and the found monuments, as shown.5) This survey does not constitute a title search by Sopris Engineering, LLC (SE)to determine ownership or easements of record. For all information regardingeasements, rights of way and/or title of record, SE relied upon the above saidplats described in note 4. And the title commitment prepared by Pitkin CountyTitle, Inc., Effective date: February 07, 1994 Case No. PCT-8342C2. No new titlework was supplied for this update.SITEP84VII.A.
TYROLEAN LODGE LLC200 W MAIN STASPEN, CO 81611PARCEL NUMBER 273512440010SEVEN SEAS INVESTMENT LLC1120 MICHIGAN AVEWILMETTE, IL 60091PARCEL NUMBER 273512440007MAIN ST
R
E
E
T FIRST STREETS75°09'
1
1
"
E
60.00'N14°50'49"E100.00'N75°09'
1
1
"
W
60.00'S14°50'49"W100.00'GRAVEL
A
L
L
E
Y
BASIS OF BEARING100.0' R.
O
.
W
.(ASPHAL
T
S
U
R
F
A
C
E
)75.45' R.O.W.(ASPHALT SURFACE)20.40' R
.
O
.
W
.(GRAVE
L
S
U
R
F
A
C
E
)
LOTS P & Q
SURVEYOR'S CERTIFICATE
I hereby state that this Improvement Survey Plat was prepared by Sopris
Engineering, LLC (SE) for King Louise LLC .
I furthermore state that the improvements on the above described parcel on
this date, February 3, 2017, except utility connections are entirely within the
boundaries of the parcel except as shown, that there are no encroachments
upon the described premises by improvements on any adjoining premises,except as indicated, and that there is no apparent evidence or sign of any
easement crossing or burdening any part of said parcel, except as noted. I
furthermore state that this property is subject to reservations, restrictions,
covenants and easements of record or in place. I furthermore state,the relative positional accuracy of this survey does not exceed 1:15,000.
______________________________________
Mark S. Beckler L.S. #28643
IMPROVEMENT SURVEY PLAT MAP OF:
SHEET 1 OF 1
LOTS P AND Q BLOCK 51
A PARCEL OF LAND SITUATED IN THE NW1 4 OF SECTION 7TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M.
COUNTY OF PITKIN, STATE OF COLORADO
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS502 MAIN STREET, SUITE A3CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM
KK 27113 02/14/17 27113 ISP 2017.DWG
VICINITY MAP
SCALE: 1" = 2000'
GENERAL UTILITY NOTES:
1. The locations of underground utilities have been plotted based on
utility maps, construction/design plans, other information provided byutility companies and actual field locations in some instances. These
utilities, as shown, may not represent actual field conditions. It is the
responsibility of the contractor to contact all utility companies for field
location of utilities prior to construction.
GAS VALVE
CURB STOP
ELECTRIC METER
TELEPHONE PEDESTAL
CATV PEDESTAL
EXISTING CONDITIONS LEGEND
1 inch = ft.( IN FEET )
GRAPHIC SCALE
010 10 20
10
405
LOTS P AND Q,BLOCK 51,CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKINSTATE OF COLORADO
PROPERTY DESCRIPTION
LIGHT POLE
WOODEN FENCE
NOTES
1) Date of Survey: May 2007, January 2011,Updated: February 3, 2017
2) Date of Preparation: February 8, 2017.
3) Basis of Bearing: A bearing of S 14°50'49" W between the found #5 rebarand 1.25" plastic cap L.S. 2547 monumenting the Northeast boundary corner ofLot Q, and the set 1.50" brass disk L.S. 28643 2' witness corner monumentingthe Southeast boundary corner of Lot Q, as shown .
4) Basis of Survey: Basis of Survey: The Plat of The City of Aspen, PitkinCounty Colorado by G.E. Buchanan dated December 15, 1959, variousdocuments of record and the found monuments, as shown.
5) This survey does not constitute a title search by Sopris Engineering, LLC (SE)to determine ownership or easements of record. For all information regardingeasements, rights of way and/or title of record, SE relied upon the above saidplats described in note 4. And the title commitment prepared by Pitkin CountyTitle, Inc., Effective date: February 07, 1994 Case No. PCT-8342C2. No new titlework was supplied for this update.
SITE
TRASH AREA WITH
2 YD DUMPSTER
MOTORCYCLE
PARKING AREA
ALLEY PARKING SPACES
8'-6" X 18'-0"
SIX TOTAL
3 TEMPORARY EMPLOYEE
PARKING SPACES
STACKED IN OLD DRIVEWAY
P85VII.A.
EXISTING
LIVABLE AREA
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cP86 VII.A.
EXISTING
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cP87
VII.A.
EXISTING
LIVABLE AREA
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Concrete side walk (typ)Bike RackP88VII.A.
EXISTING
LIVABLE AREA
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Concrete side walk (typ)Bike RackNET LIVABLE FLOOR AREAUNIT 101846.2 SFUNIT 102868.9 SFP89VII.A.
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ALLEY BUILDING
FLOOR PLANP90VII.A.
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FRONT
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GARDEN LEVEL
cP91
VII.A.
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FRONT
BUILDING
MIDDLE LEVELP92VII.A.
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FRONT
BUILDING
GARDEN LEVELP93
VII.A.
SITEPLAN
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X
Concrete side walk (typ)Bike Rack
P94VII.A.
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BASEMENT
LEVEL PLANP95
VII.A.
FIRST LEVEL
PLAN
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X
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P96VII.A.
SECOND LEVEL PLAN
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VII.A.
THIRD LEVEL
PLAN
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EXTERIOR
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EXTERIOR
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cP99
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EXTERIOR
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SECTIONS
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VII.A.
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VII.A.
210 W. Main Affordable Housing Project Page 1
MEMORANDUM
TO: Justin Barker, Community Development
FROM: Aspen/Pitkin County Housing Authority Board of Directors
THRU: Mike Kosdrosky, Executive Director
Cindy Christensen, Deputy Director
DATE: May 18, 2017
RE: 210 West Main Affordable Housing Project: Growth Management and
Establishment of Affordable Housing Credits
ISSUE: The applicant requested of APCHA to postpone the discussion on the redevelopment of
the property until July 19, 2017. The issue being address now is the proposed amendment to the
recorded deed restriction on the existing Employee Dwelling Unit.
EXISTING CONDITIONS: Based on a Land Use Code interpretation rendered in January of 2015,
the employee dwelling unit was tied to the on-site commercial use approved in 1995. The
recorded deed restriction has inconsistencies with the actual approval.
PROPOSAL: The applicant is proposing a modified deed restriction on the existing deed-
restricted unit that clears up the inconsistencies of the deed restriction as well as the ability to
release the deed restriction at such time the commercial space is removed, returning all eight
units to free-market status.
DISCUSSION
The applicant requested that the discussion on the redevelopment of the property under the
Growth Management and Establishment of Affordable Housing Credits Land Use Code sections
be rescheduled to July 19, 2017. Therefore, this memo covers the request to modify the
existing deed restriction only.
As stated above, the mitigation requirement for the studio Employee Dwelling is tied to the
existing commercial use within the project. If the use is removed, the mitigation is no longer
required and the deed restriction could be released.
The deed restriction recorded on the property in 1995 contained language that was for units
located within Pitkin County. The revised deed restriction requested by the applicant should
address these inconsistencies which are as follows:
EXHIBIT D
P104
VII.A.
210 W. Main Affordable Housing Project Page 2
• Requiring the Aspen Planning and Zoning Commission to release the deed restriction;
• Requiring that at such time the Employee Dwelling Unit is removed or modified, the
remaining improvements must no longer be capable of occupancy as a “dwelling unit”
as defined in the Pitkin County Land Use Code; and
• The statement that the Agreement constitutes covenants running with the Real
Property as a burden for the benefit of the Authority and the Board of County
Commissioners.
RECOMMENDATION: The APCHA Board reviewed the request at their Regular Meeting held
May 17, 2017, and agreed with the applicant relating to the inconsistencies in the deed
restriction recorded at Reception No. 386545 on October 18, 1995. The Board recommended
approval of the request to amend the existing deed restriction to address the inconsistencies
upon review and acceptance of the document from APCHA. A copy of that proposed deed
restriction is attached.
Attached:
Proposed Amended Deed Restriction
P105
VII.A.
RESTATED AND AMENDED
OCCUPANCY DEED RESTRICTION AND AGREEMENT
FOR AN EMPLOYEE DWELLING UNIT
THIS AMENDED AND RESTATED AGREEMENT (hereinafter “Agreement”) is made
and entered into this _____ day of _______________, 2017, by King Louise LLC (hereinafter
referred to as “Owner”), whose address is 210 West Main Street, located in the County of Pitkin,
and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority
established pursuant to the FIFTH AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT recorded on January 15, 2014, at Reception No. 607311of the records of the Pitkin
County Clerk and Recorder's Office ("Authority").
WITNESSETH
WHEREAS, Owner owns real property more specifically described as Lots P and Q, Block
51, original Aspen townsite (hereinafter referred to as “Real Property”), which Real Property
contains a studio Employee Dwelling Unit, 284 square feet, known as Unit No. 8 (hereinafter
“Employee Dwelling Unit”), approved by the Aspen Planning and Zoning Commission. For
purposes of this Agreement, the Employee Dwelling Unit, the Real Property, and all
appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as
the “Property”; and
WHEREAS, pursuant to that certain Occupancy Deed Restriction and Agreement
recorded October 18, 1995, at Reception No. 386545 (the “Deed Restriction”), the Employee
Dwelling Unit was established subject to the terms and conditions set forth therein; and
WHEREAS, the Deed Restriction contains certain errors and ambiguities that the parties
desire to correct and clarify; and
WHEREAS, based on the errors and ambiguities rectified as stated below, this documents
supersedes the Deed Restriction recorded at Reception No. 385645 on October 18, 1995; and
WHEREAS, this Agreement imposes certain covenants upon the Property which restrict
the use and occupancy of the Employee Dwelling Unit to employees and their families who are
employed in Pitkin County and meet the qualification guidelines established and indexed by the
Authority on an annual basis; and
WHEREAS, in consideration of the mutual promises and obligations contained herein, the
Owner hereby covenants and agrees as the follows:
1. Owner hereby covenants that the Employee Dwelling Unit described above shall, in
accordance with the terms of this Agreement, at all times remain a rental unit and shall not
be condominiumized.
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2. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited
exclusively to housing for employees and their families who are employed in Pitkin County
and who meet the definition of “employee” as that term is defined by the qualification
guidelines established and indexed by the Authority on an annual basis. Owner shall have
the right to lease the Employee Dwelling Unit to a “qualified employee” of its own
selection. Such individual may be an employee of the Owner, provided such person(s)
fulfills the requirements of a qualified employee.
3. The Employee Dwelling Unit shall not be occupied by the Owner or members of the
immediate family (“Immediate Family” shall mean a person related by blood or marriage
who is a first cousin [or closer relative] and his or her children) nor shall the Employee
Dwelling Unit be used a guest house or guest facility.
4. Written verification of employment of employee(s) proposed to reside in the Employee
Dwelling Unit shall be completed and filed with the Authority by the Owner of the
Employee Dwelling Unit prior to occupancy thereof, and such verification must be
acceptable to the Authority.
5. The Employee Dwelling Unit shall be required to be rented for periods of no less than six
(6) consecutive months. Upon vacancy of the Employee Dwelling Unit, the Owner is
granted ninety (90) days in which to locate a qualified employee. If no employee is placed
by the Owner, the Authority may rent the Employee Dwelling Unit to a qualified employee.
6. The maximum rental rate shall not exceed the Category #1 rental rate as set forth in the
Rental Guidelines established by the Authority and may be adjusted annually as set forth
by the Guidelines. The maximum permitted rental rate for the unit on the date of execution
of this Deed Restriction is $547 per month. Rent shall be verified and approved by the
Authority upon submission and approval of the lease. Employees shall be qualified by the
Authority upon submission and approval of the lease. Employees shall be qualified by the
Authority as to employment, maximum income and asset limitations.
7. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide
for a rental term of not less than six (6) consecutive months. A signed and executed copy
of the lease shall be provided to the Authority by the Owner within ten (10) days of
approval of employee(s) for the Employee Dwelling Unit.
8. This Agreement may be removed by the Owner with the approval of the Community
Development Department that the commercial use is no longer in existence and subject to
the following:
a. The Deed Restriction is imposed on the Property to establish Unit No. 8 as the
Employee Dwelling Unit as mitigation for the change in use of Unit No. 7 in the
Property from residential to mixed commercial/residential.
b. At the time Unit No. 7 is converted back to residential use, the Owner may request an
inspection by the City of Aspen Community Development Department and, upon
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approval that Unit No. 7 is no longer being used for any commercial use, the Authority
shall release the Deed Restriction by a document duly executed and recorded in the real
estate records of Pitkin County, Colorado. Thereafter, the Property shall only be used
for residential purposes unless and until a change of use or change of zoning is
approved by the City of Aspen in accordance with then-applicable land use regulations.
9. Unless modified or removed as stated above, this Agreement shall constitute covenants
running with the Real Property as a burden thereon for the benefit of, and shall be
specifically enforceable by, the Authority, the Aspen City Council, and their respective
successors, as applicable, by any appropriate legal action including, but not limited to,
injunction, abatement, or eviction of non-qualified tenants.
IN WITNESS HEREOF, the parties hereto have executed this instrument on this date
and year above first written.
OWNER:
KING LOUISE LLC
By:________________________________________
Theodore K. Guy, Manager
Mailing Address: P. O. Box 1467
Basalt, CO 81621
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me on this _____ day of
_________________, 2017, by Theodore K. Guy, Manager of King Louise LLC.
WITNESS MY hand and official seal.
My commission expires: ________________
Date
_______________________________
Notary Public
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VII.A.
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing Agreement and its terms are accepted by the Aspen/Pitkin County Housing
Authority.
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By:_______________________________
Mailing Address:
Executive Director
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ____ day of
_______________, 2017, by ___________________.
WITNESS MY hand and official seal.
My commission expires: ________________
Date
________________________________
Notary Public
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