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Land Use Case.HP.420 E Main St.HPC23-93
42.0 6, rn<uk~ r.-- 71"lill.'rillilizi,/ir 2 Galena Plaza Conceptual Devt. 1 HPC23-93 2737-073-14-001 7 A -f lEe> 6 A f- tb 43 ,! P . MEMORANDUM To: Aspen Historic Preservation Committee From: Amy Amidon, Historic Preservation Officer Re: 420 E. Main Street, Conceptual Development Date: August 25, 1993 SUMMARY: The applicant requests conceptual approval to expand an existing non-historic office building in the Commercial Core Historic District. The new portion of the structure and the existing building will be faced with brick and sandstone in order to create a uniform facade. APPLICANT: Ron Garfield, represented by Kim Weil of Bill Poss and Associates. LOCATION: 420 E. Main Street, east 1/2 of Lot L and all of Lots M, N, 0, P, Q, R and S, Block 86. SITE, AREA AND BULK INFORMATION: See attachment provided by applicant. ADDITIONAL COMMISSION REVIEWS: Expansion of office space requires GMQS allotment approval. In order to apply for this year's GMP competition (deadline- Sept. 15), this project must receive Conceptual Development approval from HPC. Development Review Standards Section 7-601 of the Aspen Land Use Regulations defines the four Standards for Development Review. All four of these Standards must be met in order for the HPC to grant approval for the proposal. Please see the applicant' s response to the Standards and conceptual drawings (attached.) 1. Standard: The proposed development is compatible in character with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H, " Historic Overlay District or is adjacent to an Historic Landmark... Response: There are no historic structures on this block, but several landmarked buildings surround the parcel. This proposal respects the materials, scale and block-like massing common to the Commercial Core District. In addition, the building is set directly against the sidewalk and features large storefront .. windows as are encouraged in the Design Guidelines. On the south facade, the building appears to step up in height towards the courthouse. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: The applicant has made an effort to address the potential for increased pedestrian activity in this area. While Main Street and the Commercial Core in general have a lot of pedestrian traffic, the area from Galena Street east seems to be less lively. This is an important corner as it is located near several public buildings, a park and the parking garage. A visually interesting building which offers retail and office space could be the sort of anchor needed to reinforce the character of this neighborhood. 3. Standard: The proposed development enhances or does not detract from the cultural value of designated historic structures located on the parcel proposed for development or on adjacent parcels. Response: The building draws architectural elements from the surrounding historic buildings without directly imitating them or competing visually with them, and offers some unique details of its own to further distinguish "old" from "new. " 4. Standard: The proposed developement enhances or does not diminish or detract from the architectural integrity of a designated historic structure or part thereof. Response: No historic structure is directly impacted by this proposal. ALTERNATIVES: The HPC may consider any of the following alternatives: 1) Conceptual approval as proposed, finding that the Development Review Standards have been met. 2) Conceptual approval with conditions, to be met at Final. 3) Table action and continue the public hearing to a date certain, allowing the applicant time to revise the proposal to meet the Development Review Standards. 4) Deny Conceptual Development approval, finding that the Development Review Standards have not been met. .. RECOMMENDATION: Staff recommends HPC grant conceptual approval for the project as submitted. Additional Comments: - 2-. IAND USE APPIICArION rUeM EXHIBIT 3 .. 1) Project Name Calena Plaza 2) Project location 420 E. Main, east 1/2 of Lot L and all _af~ Lots M. N. 0. P. 0. R and -S. Block 86 (indicate street address; lot & block number,-legal description Ehere appropriate) 3) Present Zoning CC 4) Iat Size 7,900. 5) Applicant's Name, Address & Ihone # Ron Garfield, 601 E. Hyman, Aspen, CO ' 925-1936 6) I~epresentative's Name, Address & Ebone # Bill Poss and Associates, 605 E. Main, Aspen CO 925-4755 7) Type of Application (please check all that apply): Cor*litional Use Omoeptual SPA X X Conceptnal Historic Dev. Special Beriew - Final SPA Final Historic Dev. 8040 u:£-eenu.ne Conceotual POD Minor Historic Dev. Stzeam Margin Final POD - Historic Damolition rburrtain View Plane Subdivision - Historic Designaticn . Condomini~mization Text/Map Amerilment (NOS Allotmerrt Iot Spl,i.t/Int line .-' UCAp £.Xknipt-1.Ul Adjustment Description of Exi.sting Uses (Inmber and type of existing· structures ; approodmafe sq. ft.; number of bedrooms; amr Previous approvals granted to the property). 1 level + basement, office building 3.000 gross s.f. . 3 level apartment building 5.400 gross s.f. 9) Description of Develqpmerit Application Addition and remodel of office building. See enclosed drawings and description. 10) Have you attached the followirre Y }hsponse to Attachment 2, Minimum alimission Corrtents Y Response to Attachment 3, Specific Submission Corrtents Y Response to Attachment 4, Review Standards for Your Application 00.111,111.1 1, A-11 -1- lj 1 1 -9- SUPPLEMENT TO HISTORIC PRESERVATION DEVELOPMENT APPLICATIONS IMPORTANT Three sets of clear. fully labeled drawings must be submitted in a format no larger than 11 x17", OR one dozen sets of blueprints may be submitted in lieu of the 11 ")<17~ format. APPLICANT: Galena Plaza ADDRESS: , 420 E. Main. Aspen CO ZONE DISTRICT: CC LOT SIZE (SQUARE FEET): 7.900 EXISTING FAR: 6.300 ALLOWABLE FAR: 15,800 PROPOSED FAR: 11,200 EXISTING NET LEASABLE (commercial): 2.700 PROPOSED NET LEASABLE (commercial): 6,700 - EXISTING % OF SITE COVERAGE: n/a PROPOSED % OF SITE COVERAGE: n/a EXSTING % OF OPEN SPACE (Commercial): -0- PROPOSED %0FOPEN SPACE (Commer.): -0- EXISTING MAXIMUM HEIGHT: Principal BO.: 1 2 / Accessory Bldg: 30 PROPOSED MAXIMUM HEIGHT: Ptincioal Bldo.: / Accesson, BIda: PROPOSED % OF DEMOLITION: -0- EXISTING NUMBER OF BEDROOMS: -0- PROPOSED NUMBER OF BEDROOMS: -0- EXISTING ON-SITE PARKING SPACES: 2 ON-SITE PARKING SPACES REQUIRED: 14 SETBACKS: EXISTING: ALLOWABLE: PROPOSED: Front: .-O- Front: -O- Front: -O- Rear: -O- Reac -O - Rear: -0- Side: -0 - Side: -O- Side: -0- Combined Front/Rear: -0- Combined Frt/Rr: -0- Combined Front/Rear: -O- EXISTING NONCONFORMITIES/ open sDace does not meet ·definitions ENCROACHMENTS: apartment building encroaches into Galena and alley. VARIATIONS REQUESTED (eliaible for Landmarks Onlv: character comoatibility finding must be made bv HI'(M: FAR: ' Minimum Distance Between Buildings: SETBACKS: Front: Parking Spaces: Rear: Open Space (Commercial): Side: Height (Cottage Infill Only): Combined Frt./Rr: Site Coverage (Cottage Infill Only): 0 V ., i. 2 1 11,; 1, 1. e :1.L,1 L) " 0-- , -----Wfu Utl~-:-3-~11 11 1111 ' 1 ' 4.* 8 .x·, J J | .-'·nb 24 ' S 910 1 1 ·12 4, 7 1 . 0 . ..V '' ..-''" , ' . ' . .. , I 1 1.0 1 $*; . %4- 7.3..'.·22..#AF' Agpte ff' ..~.·*P AR~. . '·:4 .4..., -- 1 I I W , 2 j , - 73'27 70* It 12 . 1 1. 2 i t , -r=,---I---I ' , ... 1 - •..L , 2,,- . T Id'!" | •5 4,-~=mv,4'f>~, -*'-*=r#.- . :4,4" A d 'Prel'.r:ti:.1 7 --~7-« .e , irt ..6 ''i.,•i'.'" . ' ..0 '1 l 1 T . 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P. · 3, CY,IIHIV'., ~F,W·i.1.' ir:., - -TT T,4,.~I, 1 N ' : 1 1. r C ':1 2 ,, .:< 1. .,:; N. t 1~J IIi. : 1 1 41 .1 .4 { 1 .3. wm ·1; . ·1 1 .wtd : :., * ·: ': b.~9*.;~ ·· , 21 . f 5 44' -. , . ff:.10 1 4,1 -1.1 'AVE .. ..1. 1 1 1 -' --1/4/~r.-7-, Ii'/9-Vt IAL - L ' 91''l 2* 1-2 1_ · M j 741 5--9.. 1 , 1 1 · il .i i i i'k-r-«1 ~r fi'l' 1 ,11 lili 3-lili l'.1 1 11 1.Tr'?8111.*1-lil'1.1 ILICIFI 111 Dil . ; and associates 605 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE 303/925-4755 FACSIMILE 303/920-2950 August 13,1993 Ms. Amy Amidon Historic Preservation Director City of Aspen Aspen, CO 81611 RE: GALENA PLAZA Dear Ms. Amidon: Please consider this letter and the enclosed material a formal request for a review of a Conceptual Development Plan for Significant Development in the Historic Overlay District. Galena Plaza will be located on the southeast corner of the Central Bank property and includes the existing small office building located there. Our opinion is that this project should be categorized as an 'expansion or erection of a structure wherein the increase in floor area of the structure is more than 250 square feet". Located on the northwest corner of Galena and Main Streets, the property lies on the edge of the commercial core. There are no historic structures on the property. However, two designated structures, the Pitkin County Courthouse and the rectory of St. Mary's church are located across Galena to the east and south east respectively. The remainder of the neighborhood contains the Local's Corner service station and commercial development, Central Bank, the parking plaza, the recently completed library and the Pitkin County Jail. Presently, the property is underutilized. The office building contains only a temporary tenant. Our feeling is the Galena Plaza project will bring life to neighborhood and strengthen the Galena Street corridor as part of the Aspen Area Dil . ~ and associates GALENA PLAZA August 13, 1993 Page two Community Plan's transportation element. The design of the project was carefully planned to create a building which is interesting but low keyed. A building which did not detract from or try to replicate its historic neighbors. Instead, we feel we have created a project that compliments the variety of uses and architecture in the neighborhood. PROJECT DESCRIPTION The project is an expansion and remodel of the existing office building. Expansion will take place to both the east and north. In addition, a second floor will be added. Maximum building height will be approximately 30 feet. This is below both the maximum height limit for the CC zone and height of the courthouse. In addition, the southwest corner of the building will step down to relate the height of the bank building. Principal materials will be brick and sandstone. Storefronts will be made of metal. Street level entries are recessed from the building line. The southeast corner of the project is clipped with a quarter round bay above. On the upper level, there is a mixture of traditionally proportioned metal clad double hung windows and larger metal frame windows. The building contains a varied mix of stone and brick trim elements. Parapets will hide the mechanical equipment. In addition to the renovation of the building, the courtyard will also be upgraded. The railroad tie walls will be removed and replaced. New stairs will also be built. REVIEW STANDARDS 1. Compatibility in character with historic structure. As previously mentioned, the neighborhood has two designated structures, the courthouse and the catholic rectory. Since the rectory is shrouded behind trees and hedges, the courthouse is the major landmark in the neighborhood. Our proposal is compatible in character with the courthouse for a number of reasons. Dil . ~ and associates GALENA PLAZA August 13, 1993 Page three First, the use of brick and sandstone as principle materials allows Galena Plaza to have a presence in the neighborhood without detracting from the courthouse. Second, the traditionally proportioned windows on the east end of the upper level allow this project to participate in and not disturb the rhythms created by similar windows in the courthouse. Third, the use of brick and sandstone banding give the project a more horizontal appearance similar to that at the courthouse. Finally, the concentration of stone at the base gives the project a sold foundation like that of the courthouse. 2. Compatibility in character with the neighborhood. As described before, this is a very diverse neighborhood, both functionally and architecturally. Our goal with this project was to create a structure that was interesting on its own without detracting from any other structure. Three elements were used to achieve this goal. First, since brick and stone are the principle materials, the building fits in with the neighborhood. A building of almost any other material would call too much attention to itself. Second, by stepping the height, we were able to make a transition from the two story bank building to the three story courthouse. Finally, as mentioned previously, the windows on the east end of the upper level were designed to be compatible with the courthouse. The remaining windows on the upper level are a more contemporary version of traditional proportions so that they relate to a broader range of the surrounding neighborhood as well as the courthouse. 3. Enhances or does not diminish the cultural value of historic structures. Since most of the uses in the neighborhood are of a destination type, this area does not enjoy the same amount of pedestrian traffic as other areas of the downtown core. Our hope is this project and its tenants will draw people to the area so that more people will experience the cultural value of the neighborhood. In this case that value exists in the enlightenment of Aspen's history as evidenced by the courthouse and the rectory. Also, any additional pedestrian activity in the area may help the parking plaza become better utilized. Dil . ~ and associates GALENA PLAZA August 13, 1993 Page four 4. Conclusion. In closing, we feel we created an attractive and compatible building. One that will be an asset to the designated structures and the entire neighborhood. Please review our submission package and contact me if you have any questions or require any additional information. We look forward to your committee's review on August 25, 1993. Sincerely, /. ~1#G Al[Il V Project Manager 93100813.LT2 Dil . I and associates LIST OF EXHIBITS 1. Consent Letters 2. Disclosure of Ownership 3. Land Use Application Form 4. Supplement to Historic Preservation Development Applications 5. Vicinity Map 93100813.EXH .. PUBLIC NOTICE RE: 420 E. MAIN STREET CONCEPTUAL SIGNIFICANT DEVELOPMENT APPLICATION NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, August 25, 1993, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Committee in the second floor meeting room, City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by CBI Properties Inc., 1515 Arapahoe, Denver, Colorado 80202 requesting approval of Conceptual Significant Development for redevelopment of an office building at 420 E. Main Street, the east half of Lot L and all of Lots M-S, Block 86, City and Townsite of Aspen. For further information, contact Amy Amidon at the Aspen Pitkin Planning Office, 130 S. Galena St., Aspen, CO. 920-5096. s/William J. Poss. Chair Aspen Historic Preservation Committee Published in the Aspen Times on August 6, 1993 City of Aspen Account PUBLIC NOTICE RE: 420 E MAIN STREET CONCEF[UAL St NIFICANT DEVELOPMENT APPLICATION APPUCATION NUnCE IS HEREBY GIVEN that a public hear- Ing will be held Wednesday, August 25, 1993, at E1622%612~ Catena Street Aspen. Colorado, to consider an application submitted by CB! Properties Inc... 1515 Arapaho, Denver, Colorado 80202 request- i ~ng approval of Conceptual Signincant Develop- ment for redevelopment of an office building at 420 E Main Street, the east half of lot L and all of uts M.S, Block 86, City and Townstte of Aspen. For further information, contact Amy Amidon at the Aspen/Pttldn Planningtoffice, 130 S. Galena St., Aspen, CO. 920-5096. s/Wilttam J. Poss, Chair · ' 5 Aspen Historic Preservation Committee Published In the Aspen ~mes August 6,1993. .. AFFIDAVIT OF PUBLIC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL (Pursuant to Section 6-205.E. of the Land Use Regulations) STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The undersigned, being first duly sworn, deposes and says as follows: I, KIM WEIL being or representing an Applicant before the City of Aspen, personally certify that Public Notice of the application for HPC conceptual development plan approval for the Galena Plaza Building, which is located at 420 East Main Street in the City of Aspen, was given by 1) posting of notice containing the information required in Section 6-205.E.2., which posting occurred on August 11, 1993, in a conspicuous place on the subject property and that the said sign was posted and visible continuously from that date, and 2) mailing Notice of said development application to all property owners within three hundred (300) feet of the subject property, which mailing occurred on August 13, 1993. Applicant: RONALD GARFIELD ANDREW V. HECHT r 1 1 1 4 By 0 1 KY21-eil t) The foregoing Affidavit of Public Notice was acknowledged and signed before me this 63- day of August, 1993, by Kim Weil on behalf of RONALD GARFIELD and ANDREW V. HECHT. WITNESS my hand and official seal. My commission expires: #W,G Url·i *tary Pu*ic .. ALH HOLDING COMPANY, INC. LOTS E-I, BLOCK 87 37 HARLSTON GREEN SNOWMASS VILLAGE CO 81615 CHITWOOD PLAZA CO. LOTS A, B, C, D, BLK 87 C/O THE FLEISHER CO. 200 EST MAIN STREET ASPEN CO 81611 CITY OF ASPEN LOTS K & O, 1/2 LOT P, BLOCK 93/CITY HALL 130 SOUTH GALENA ASPEN CO 81611 CITY OF ASPEN LOTS O-R, BLOCK 87 (FIRE DEPARTMENT) 130 SOUTH GALENA ASPEN CO 81611 CITY OF ASPEN M & B/ RIO GRANDE 130 SOUTH GALENA ASPEN CO 81611 COUNTY OF PITKIN LOTS 1-6, BLOCK 19, LOTS K-P, BLOCK 92 (COURTHOUSE, 506 EAST MAIN JAIL, COURTHOUSE PLAZA) ASPEN CO 81611 COUNTY OF PITKIN LOTS A-I, BLOCK 86 (PITKIN COUNTY LIBRARY) 506 EAST MAIN ASPEN CO 81611 FIRST BANK SYSTEM, FBS PROP. MGT. LOTS M-S, BLOCK 86 C/O BRUCE MACGREGOR P.O. BOX 522 MINNEAPOLIS MN 55480 HOTEL JEROME LOTS A-I & O-S & EAST 20' LOT N, BLOCK 79 & M-B 330 EAST MAIN STREET ASPEN CO 81611 LEWIS I. SCHAINUCK UNITS 1, 2, 101, 102, 103, 3650 SOUTH STREET 201, 201-A, 202 & 203, SUITE 301 MILL & MAIN COMMERCIAL LAKEWOOD CA 90712 M & W ASSOCIATES LOT K, BLOCK 87 A COLORADO CORPORATION 205 SOUTH MILL STREET ASPEN CO 81611 MARJORIE P. JENKINSON LOTS L, M, N, BLOCK 87 403 WEST HALLAM ASPEN CO 81611 RYANCO PARTNERS, INC. LOT S, BLOCK 87 ATTN: PAT SMITH 715 WEST MAIN STREET ASPEN CO 81611 ST. MARY'S CATHOLIC CHURCH LOTS A-I, BLOCK 93 MAIN AND HUNTER ASPEN CO 81611 .. EXHIBIT 1 August 13, 1993 Ms. Amy Amidon Ms. Kim Johnson City of Aspen Planning Office 130 S. Galena Aspen, CO 81611 RE: GALENA PLAZA Dear Ms. Amidon and Ms. Johnson: Being the holder of a contract for the property where the above reference project is proposed to take place, the following firms are hereby authorized to act in our behalf: Bill Poss and Associates Vann Associates 605 E. Main Street 230 E. Hopkins Aspen, CO 81611 Aspen, CO 81611 925-4755 925-6958 This authorization is meant to include only matters pertaining to the historic preservation and growth management quota system approval process. Sincerely, Aspen, CO 81611 925-1936 93100813.LTR AMG 12 '93 06: 09PM GABi.LELD & HELH i i-'. u 3 AUG 06 '93 113: 45AM GA~I-D & HECHT P, C 2.- P.2 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW TELEPHONE RONALD CARFIELD' (303) 925·1936 ANDREW K Hierr" · VICTORIAN SQUARE BUILDING TELECOPIER ROBERT E. KEND1O - 601 EAST HYMAN AVENUE (303) 925-3008 MICHAEL L HERRON"* ASPEN, COLORADO 81611 PATRICK D. McAUISTER .... 1 .1/ Odmit.,4 . N*w Yeo ls, " .1,8 Admill,4 w Auguit 6, 1993 904* 0{ Columbia BY .. it,0 ..111=1 W 31•i' 1. "" St• •Imitwl 0 penuy¥"M U lad N- 1.7. 81, Via Facsimile No. 820-4192 Ile: Central Bank Corner Lots Marilane McCartney Cenual Banks 1515 Arapahoe Denver, Colorado 80202 Dear Marilane: The purpose of this letter is to seek the approval of CBI Properties, Inc. for the flling of a second land use application to obtain commercial development rights under the City of Aspen Growth Management Competition, The reason for the request now is that there is a fling deadline of September 15, 1993 and prior to the fling deadline, wc must obtain e approval from the Historic Preservation Commission for the building design. The available date for the Histarle Preservation Commission in August 25, 1993, The filing of this application will not affect the remainder of the Central Bank Property in any way and wc will havo closed on the purchase of the Comer Lots before tile Growth Management Competition is complete. Should we not clow for any reason, it wili be easy for you to abandon this application. As agreed in the Contract, it would be our undertaking to pay all costs of the land use application and any reasonable costs you misht incur in cooperating. The City of Aspen is in the process of adopting new regulations for the Crowth Management Competition and this will be the lut year that we can compete under the current, more favorable, regulationa. The Growth Management , Competition is an annual competition and if we do not meet the current filing deadline, we will have to wait another full year and probably compete undealm-more restrictive regulations. AGREED TO: <Sines> CBI PROPERTES, INC. (record title holder is First Aspen Corporation) Ronald 61*ield By40~~._-w Title: 4*141,0,1 49'BE;QU B CommonweaM 3 < EXHIBIT 2 Land Title Insurance Company, COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 05/18/93 at 08:30 A.M. Case No. PCT-7710 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form B-1970 Amount$ 1,360,000.00 (Rev. 10-17-70 & 10-17-84 or 10-21-87) Premium$ 2,783.00 Proposed Insured: RONALD GARFIELD and ANDREW V. HECHT (b) ALTA Loan Policy, Amount$ (Rev. 10-21-87) Premium$ Proposed Insured: Tax Cert. $ 20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: FIRST ASPEN CORPORATION, A COLORADO CORPORATION 4. The .land referred to in this Commitment is described as follows: THE EAST 19 FEET OF LOT Q, LOTS R AND S, BLOCK 86, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303-925-1766 Provisions and Schedules Fax 303-925-6527 A and B are attached. Authorized officer or agent . Fi Commonwealtht LIE] Land Title Insurance Company SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Certificate of Incorporation or Certificate of Good Standing of First Aspen Corporation issued by the Secretary of State or other governing body for Corporations of the State of Colorado, must be delivered to and approved by the Company. 2. Deed, executed by the-President or Vice President or other designee authorized by the Board of Directors of First Aspen Corporation a Colorado Corporation To : Ronald Garfield and Andrew V. Hecht NOTE: Corporate Seal or Facsimilie.should be affixed. 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 4. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. 5. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. 6 . .. , 4 .:3 ~ Commonwealthy- Land Title Insurance Company SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 267 & 394 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". This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT-7710 A and B are attached. . .1 -- 4-3 ~ Commonwealtht Land Title Insurance Company SCHEDULE B-SECTION 1 CONTINUED Exceptions numbered NONE are hereby omitted. The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners' closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (C) 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: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT-7710 A and B are attached. a .. Historic Preservation Committee Minutes of August 25, 1993 420 E. MAIN - CONCEPTUAL DEVELOPMENT - PUBLIC HEARING Bill Poss stepped down Don chaired Amy: This is an application to extend the existing building at 420 E. Main and is a non-historic office building in the commercial core historic district. This application will also follow under GMQS allotment approval and again they also need conceptual by September 15th. I have recommended approval. Kim Weil, architect: We are only dealing with the little building that the phone company used to use. Then the bank used it and the temporary tenant is Mr. Hines. We are expanding it to the north and to the east and proposing a third floor which is actually a second floor above grade for office and retail use. We would reface the existing building. I have also presented the affidavit of mailing. We wanted to step up a little to bring in the relationship to the court house and are under the height limit. We are around 30 feet. We got traditional with the window proportions. Don opened the public hearing. No comments from the public. Amy: What color are the metal store fronts going to be? Kim: We have not determined that but it will be in the color palate associated with the core. We are looking at steel store fronts. Sunny Vann: The property is being condominiumized. The apartment building will be used for affordable housing. We will do cash in lieu for parking. Karen: What is the height of the parapet? Kim: 3 feet and have the ability to enlarge it if we have too for the sole purpose of hiding equipment. Donnelley Erdman closed the public hearing. MOTION: Roger made the motion that HPC grant conceptual approval for 420 E. Main Street as submitted and proposed; second by Linda. All in favor, motion carries. MOTION: Don made the motion to adjourn; second by Karen. Meeting adjourned at 9:00 p.m. Kathleen J. Strickland, Chief Deputy Clerk 13 -· .. Lowell Meyer I 1 A, 517 W. North Street Aspen, CO 81611 AUG -3.. August 2, 1994 Ms. Amy Amidon Director of Historic Preservation City of Aspen 130 S. Galena Aspen, CO 81611 RE: Galena Plaza - HPC Conceptual Approval Extension Dear Ms. Amidon: Please consider this letter a formal request for a six month extension of the HPC conceptual approval for Galena Plaza. This approval was originally granted on August 25, 1993, and will expire on August 24, 1994. A six month extension of this approval would expire on February 25,1995. Since receiving our conceptual approval and GMQS allocation, we have been concentrating on the rehabilitation of the existing apartment building. To date, we have refurbished the interiors, removed the asbestos, upgraded the electrical systems, brought the exterior rail up to code and painted the exterior of the building. We are now ready to focus on the commercial side of the project. We are requesting the six month extension in order to give us ample time to design and prepare our contract documents. We anticipate commencing construction next spring. If you have any questions, please do not hesitate to contact me. Sincerely, 31.42»40 Lowell Meyer . DJ- 60 MEMORANDUM TO: Aspen Historic Preservation Committee FROM: Amy Amidon, Historic Preservation Officer RE: 420 E. Main Street- Extension of conceptual approval DATE: August 10, 1994 Under Section 7-601-3(c), an "application for a final development plan must be filed within one year of the date of approval of a conceptual development plan. Unless an extension is granted by the HPC, failure to file such an application shall render null and void the approval of a conceptual development plan previously granted by the HPC." At this time, the applicants for the proposed development at 420 E. Main Street request a six month extension of their conceptual approval. The project originally received conceptual approval on August 25, 1993 by a vote of 6-0. The applicants intend to begin construction in Spring 1995. 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