HomeMy WebLinkAboutLand Use Case.HP.507 W Gillespie Ave.0012.2013.AHPC THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0012.2013.AHPC
PARCEL ID NUMBERS 273512111007
PROJECTS ADDRESS 507 W GILLESPIE, ASPEN, CO 81611
PLANNER AMY GUTHRIE �GRG �ClGl"S'
CASE DESCRIPTION SUBSTANTIAL AMENDMENT TO
MAJOR HPC DEVELOPMENT
REPRESENTATIVE ROWLAND + BROUGHTON
ARCHITECTS (970) 379-9910
DATE OF FINAL ACTION 08/07/2013
CLOSED BY ANGELA SCOREY ON: 10/23/13
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Permit Information
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• Master permit Routing queue as1A07 Applied 04 O',;1201'
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Description £IL'BS74N71 LAMENDIAEV,70 MAJOR HPC B `LOPk<tr+ Issued I"'F2 1201 �
Closed/Final 102,201
Submitted ..OHt R1,71-40-37'-,39 10 Clock Stopper Days 202 Expires 024'00,,2015
Submitted via
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ASPEN CO SIE11
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Last name ROrw'L�C1C BROUGi7ON,1 First name 221 HOPKINS
_.... _ _ ASPEN CO 01E11 �
Phone ,ef0,3170-�1O Cust# 29474 Address
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Last name First name
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Sara Adams
From: Jane Hills <jane @alpaspen.com>
Sent: Wednesday, August 07, 2013 10:36 PIVI
To: Sara Adams
Subject: RE: project monitoring/507 W. Gillespie
Hi Sara! I feel that the changes are no problem... but would love a clarification on what the exterior material will be on
the new chase. Not called out on my version of the plan although I am pretty sure it's same as the chimney...or
not? The chimney is metal siding with flashing at top. Would love that the materials are consistent. Just let me
know!
Thanks Sara!
Jane
Alps"I 1N I_.AWRE. NCF.. PART"N6RS
JANE HILLS
Phone 970-920-4938 Ext.202
Cell 970{-948-5'82 1 Fax 970-920-973ff1aa dd p
From: Sara Adams [ma i Ito:sa ra.ada ms(aOcityofaspen.com]
Sent: Wednesday, August 07, 2013 9:03 AM
To: Jane Hills
Subject: RE: project monitoring
Thanks Jane. I'll let you know when I hear from John. -S
From: Jane Hills [mailto:jane alpaspen.com]
Sent: Tuesday, August 06, 2013 4:08 PM
To: Sara Adams
Subject: RE: project monitoring
Ok just let me know when to pop over or just forward to me with your comments.
Thanks.J
A iz s i i N I.A W K I, N C.E P A R I"N r R S
JANE HILLS
Phone 970-920-4988 Ext.202
Cell 970-948-5782 1 Fax 970-920-97.31
From: Sara Adams [ma i Ito:sara adam0bcityofaspen.com]
Sent: Tuesday, August 06, 2013 4:02 PM
To: Jane Hills
Subject: RE: project monitoring
Hi Jane—I actually spoke with John Rowland today and he is going to email me the changes for you to look at whenever
you have time. I think that the changes are completely fine,just want to get your opinion also. Thanks and I hope that
all is well! -Sara
From: Jane Hills [mailto:jane@)alpaspen.com]
Sent: Tuesday, August 06, 2013 3:57 PM
To: Sara Adams
Subject: RE: project monitoring
Hi Sara! I am so sorry that I didn't respond. This was in a spam email and just opened up about 80 of them. I will be out
of town 8/11-25 so might be good to do this week at some point. Jane
At S T I N 1. A W R F N C ARTN F RS
JANE HILLS
Phone 970-920-4988 Ext.202
Cell 970-948-5782 1 Fax 970-920-9731
From: Sara Adams [mailto:sara.adams @ ci ofaspen.com]
Sent: Tuesday, July 23, 2013 2:13 PM
To: Jane Hills
Subject: project monitoring
Hi Jane—is there a good time this week or next to review some project monitoring with you? It is for 507 Gillespie St.—
Sarah Broughton and John Rowland's house. Just let me know what works! I am happy to bring the plans to you if that is
easier. Best, Sara
Sara Adams,AICP
Senior Planner I City of Aspen
130 S. Galena Street, 3rd floor
Aspen CO 81611
970/429-2778
www.aspenpitkin.com
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain information that is
confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply
to the sender that you have received the message in error and then delete it. Further,the information or opinions
contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable,the
information and opinions contain in the email are based on current zoning, which is subject to change in the future, and
upon factual representations that may or may not be accurate. The opinions and information contained herein do not
create a legal or vested right or any claim of detrimental reliance.
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RECEPTION#: 6r -60, 06/21/2013 at
10:21:27 AM,
1 OF 32, R $166.00 Doc Code
RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING A SUBSTANTIAL AMENDMENT FOR MAJOR DEVELOPMENT FOR
THE PROPERTY LOCATED AT LOT B OF THE BECK HISTORIC LOT SPLIT, 507
GILLESPIE STREET, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 21, SERIES OF 2013
PARCEL ID, 2735-121-11-007
WHEREAS, the applicant, John Rowland and Sarah Broughton, requested a Substantial
Amendment to HPC Resolution #10, Series of 2007 and HPC Resolution #35, Series of 2007, for
Major Development for 507 Gillespie Street, Lot B of the Beck Historic Lot Split, City and
Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, at their regular meeting on March 28, 2007, the HPC considered the application,
found the application was consistent with the review standards and the City of Aspen Historic
Preservation Design Guidelines, and approved Resolution #10 of 2007 granting Conceptual
Approval for Major Development and Variances by a vote of 3 —0; and
WHEREAS, at their regular meeting on August 22, 2007 the HPC considered the application,
found the application was consistent with the review standards and the City of Aspen Historic
Preservation Design Guidelines, and approved Resolution #35 of 2007 granting Final Approval
for Major Development by a vote of 3 —0; and
WHEREAS, at their regular meeting on October 25, 2010 the Aspen City Council considered an
application for a 3 year extension of vested rights and approved Resolution #88 of 2010 granting
an extension of vested rights to September 9, 2013; and
WHEREAS, Section 26.415.070.E.2 of the Municipal Code states that " all changes to approved
plans that materially modify the location, size, shape, materials, design, detailing or appearance
of the building elements as originally depicted must be approved by the HPC as a substantial
amendment; and
WHEREAS, the HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City of Aspen Historic
Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a decision to approve
or deny; and
507 Gillespie— Substantial Amendment
HPC Resolution# 21, 2013
Page 1 of 3
WHEREAS, Sara Adams, in her staff report dated June 12, 2013, performed an analysis of the
application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines were met, and recommended approval, and found the
review standards for a setback variance were not met and recommended denial; and
WHEREAS, at their regular meeting on June 12, 2013, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines", and found that the setback variance
was consistent with the review standards, and approved the application by a vote of six to zero (6
—0).
NOW,THEREFORE, BE IT RESOLVED:
HPC grants approval for a Substantial Amendment to Resolution 410, Series of 2007 and
Resolution #35, Series of 2007 for the property located at 507 Gillespie Street with the following
conditions:
1. Landscape:
a. All planting in the right of way is subject to Parks Department review and
approval.
b. Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
c. The perennial bed located in the right of way is not approved.
d. An encroachment license is required prior to building permit issuance for the
lightwell that is located within the ditch easement on the west elevation.
e. All planting and construction in the ditch easement is subject to Utilities
Department review and approval.
2. Height: A height of about 23 ft. 4 in. is approved as presented.
3. Roof Forms/Massing:
a. The roof overhang of the east side of the front porch shall be reduced a minimum
of 18" for review and approval by Staff and monitor.
4. Materials:
a. The materials are approved as presented.
b. The solar panels shall match the pitch of the roof they are located. The
configuration and number of panels shall be approved by Staff and monitor.
5. Setback Variance:
a. The west side yard setback variance of 18" is granted.
6. All approvals and conditions granted during Conceptual (Resolution #10, Series of 2007)
and Final (Resolution #35 Series of 2007) Review are valid, with the exception of the
approvals specified herein.
7. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
507 Gillespie— Substantial Amendment
HPC Resolution# 21, 2013
Page 2 of 3
APPROVED BY THE COMMISSION at its regular eeting on the 12th ay June 2013.
ws r McLeod, Vice Chair
Ap roved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
t
athy Strickland, Chief Deputy Clerk
Exhibit A: Approved elevations and site plan
Exhibit B: 2006 Land Use Code—Section 26.575.020. Calculations and Measurements
507 Gillespie—Substantial Amendment
HPC Resolution # 21, 2013
Page 3 of 3
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Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS Art g4evoZI
Sections: �I
26.575.010 General.
26.575,020 Calculations and measurements.
26.575.030 Open Space.
26.575.040 Yards.
26,575,045 Junk Yard and Service Yards.
26.575.050 Fences,
26.575.060 Utility/trash service areas.
26.575,070 Use square footage limitations.
26.575.080 Child care center,
26.575.090 Home occupations.
26.575.100 Landscape maintenance.
26.575.110 Building envelopes.
26.575.120 Satellite dish antennas.
26.575.130 Wireless Telecommunication Services Facilities and Equipment
26.575.140 Accessory uses and accessory structures.
26.575.150 Outdoor Lighting.
26.575.160 Dormitory.
26,575.170 Fuel storage tanks
26.575,180 Restaurant.
26.575.190 Farmers' market.
26.575.200 Group Homes.
26.575.010 General. '
Regulations specified in other sections of this Title shall be subject to the following supplemental
regulations.
26,575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for cal-
culating and measuring certain enumerated terms as used in this Title,The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the follow-
ing applies:
1. General. In measuring floor area for the purposes of calculating floor area ratio and allow-
able floor area, there shall be included that floor area within the surrounding exterior walls
(measured from their exterior surface)of a building,or portion thereof,
2. Decks Balconies Porches, Loggias and Stairways. The calculation of the floor area of a
building or a portion thereof shall not include decks, balconies, exterior stairways, terraces
City of Aspen Land Use Code, June,.2005
Part 500, Page 60
and similar features, unless the area of these features is greater than fifteen (15) percent of
the maximum allowable floor area of the building(the excess of the 15%shall be included).
Porches shall not be counted towards FAR.
3. Garages Carports and Storage Areas. In all zone districts except the R-15-B zone district,
for the purpose of calculating floor area ratio and allowable floor area for a lot whose prin-
cipal use is residential, garages, carports, and storage areas shall be excluded up to a maxi-
mum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and
storage areas between two-hundred fifty (250) and five hundred (500) square feet shall
count fifty(50) percent towards allowable floor area;all garage,carport and storage areas in
excess of five hundred (500) square feet per dwelling unit shall be included as part of the
residential floor area calculation. For any dwelling unit which can be accessed from an alley
or private road entering at the rear or side of the dwelling unit, the garage shall only be ex-
cluded from floor area calculations up to two hundred fifty (250) square feet per dwelling
unit if it is located on said alley or road; all garage, carport and storage areas between two
hundred fifty (250)and Five hundred (500) square feet shall count fifty (50)percent towards
allowable floor area. For the purposes of determining the exclusion, if any,applicable to ga-
rages, carports, and storage areas, the area of all structures on a parcel shall be aggregated.
In the R-113 zone district; garage, carport, and storage areas shall be limited to a five hun-
dred (500)square foot exemption
4. Subgrade areas.To determine the portion of subgrade areas that are to be included in calcu-
lating floor area, the following shall apply:
a. For any story that is partially above and partially below natural or finished grade,
whichever is lower, the total percentage of exterior surface wall area that is exposed
above the most restrictive of the grades shall be the total percentage of the gross square
footage of the subject story included in the floor area calculation. Subgrade stories with
no exposed exterior surface wall area shall be excluded from floor area calculations.
(Example: If fifteen (15) percent of the exterior surface wall area has been exposed
above natural or finished grade (whichever is lower), then fifteen (15) percent of the
gross square footage of the subject story will be included as floor area.)
b. Also excluded from floor area calculations shall be any portion of a subgrade accessory
dwelling unit whose exterior surface wall area is exposed above grade for glass,window
openings, doors, and similar ways of getting light and air into the unit, or that provides
required Uniform Building Code egress to the unit.The maximum amount of this exclu-
sion shall be one hundred(100) s.f of the floor area of the accessory dwelling unit.
c. For any dwelling unit that can be accessed fi'om an alley or private road entering at the
rear or side of the dwelling unit, the garage or carport shall only be eligible for the ex-
clusions described in sub-sections a.and b, if it is located along said alley or road.
i
City of Aspen Land Use Code. June,2005
Part 500,Page 61
I
I
d, In the R-I5B zone district only, garages, carports, and storage areas shall be excluded
from residential floor area calculations up to a maximum of five hundred (500) square
feet per dwelling unit.
5. (Repealed by Ord.No. 56-2000, § 8)
6. Accessory Dwelling Units and Carriage Houses. An Accessory Dwelling Unit or Carriage
House shall be calculated and attributed to the allowable floor area for a parcel with the
same inclusions and exclusions for calculating Floor Area as defined in this Section, unless
eligible for an exemption as described below:
Detached and permanently affordable ADU or Carriage House Floor Area Exemption. One
Hundred (100) percent of the Floor Area of an ADU or Carriage House which is detached
from the primary residence and deed restricted as a "For Sale" affordable housing unit and
transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing
Authority Guidelines,as amended, shall be excluded from the calculation of Floor Area, up
to a maximum exemption of 1,200 square feet.
7. Affordable Housing Bonus. The Floor Area of a parcel containing a single-family or du-
plex residence and a permanently affordable "For Sale"ADU or Carriage House located on
the same parcel which has been transferred to a qualified purchaser in accordance with the
Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an
Affordable Housing Floor Area bonus equal to or lesser than fifty (50) percent of the Floor
Area of the associated ADU or Carriage House up to a maximum bonus of six-hundred
(600)square feet.
8. Linked Pavilion. Any element linking the principal structure to an accessory structure shall
not be included in the calculation of floor area provided that the linking structure is no more
than one(1)story tall, six(6) feet wide and ten (10)feet long. Areas of linking structures in
excess of ten feet in length shall be counted in floor area.
B. Building Heights.
1. Melhods of Measurement for Vauin-s-z Types of Roofs.
In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC),
and Service/Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the
maximum distance measured vertically from the natural or finished grade, whichever is lower, to
the top, ridge, or parapet of the structure. For structures in all other zone districts, the height shall
be measured as follows:
a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall
be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope
of less than 3:12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from'3:12 to 7:12,
height shall be.measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge of a gable, hip, gambrel
i
City of Aspen.Land Use Code, dune,2005
Pa{,t 500,Page 62
or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched
roof shall not extend over five feet above the maximum height limit.
G. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to a point one-third (1/3) of the distance up from the eave point to the ridge.
There shall be no limit on the height of the ridge. Chimneys and other appurtenances
may extend up to a maximum of two(2)feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8;12 or greater,these elements may not
extend more than two (2) feet above the ridge. Water towers, solar panels, and me-
chanical equipment shall not extend over five (5) feet above the specified maximum
height limit. Church spires, bell towers and like architectural projections, as well as
flag poles, may extend over the specified maximum height limit.
2. Exceptions for Buildings.on Slopes. The maximum height of a building's front (street fac-
ing) facade may extend for the first thirty(30) feet of the building's depth.
3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell or
basement stairwell of less than one hundred (100) square feet, entirely recessed behind the
vertical plane established by the portion of the building facade which is closest to the street,
and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
C. Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas shall
include only areas with a slope of less than 20%. In addition, half(.50) of lot areas with a slope of
20-30% may be counted towards floor area ratio; areas with slopes of greater than 30%shall be
excluded, The total reduction in FAR attributable to slope reduction for a given site shall not ex-
ceed 25%.
Also excluded from total lot area for the purpose of floor area calculations in all zone districts is
that area beneath the high water line of a body of water and that area within a vacated right-of-way,
or within an existing or proposed dedicated right-of-way or surface easement. Lot area shall in-
clude any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any
open irrigation ditch, or any lands subject to an above ground.or below ground surface easement
such as utilities that do not coincide with road easements. When calculating density, lot area shall
have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of
areas of greater than 20%slope,
D. Site Coverage. Site coverage is typically expressed.as a percentage. When calculating site
coverage of a structure or building, the exterior walls of the structure or building at ground level
should be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar
City of Aspen Land Use Code. June,2005
Part 500,Page 63
i
features extending directly over grade shall be excluded from maximum allowable site coverage
calculations.
E. Measurement of Demolition. The City Zoning Officer shall determine if a building is in-
tended to be,or has been, demolished by applying the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the
following;
1. The surface area of all existing (prior to commencing development) exterior wall assem-
blies above finished grade and all existing roof assemblies.Not counted in the existing exte-
rior surface area calculations shall be all existing fenestration (doors, windows, skylights,
etc.)
2. The exterior surface area, as described above, to be removed. Wall area or roof area being
removed to accommodate new or relocated fenestration shall be counted as exterior surface
area being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area
tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in
addition to the necessary subsurface components for its structural integrity, including such items as
studs,joists, rafters, etc, If a portion of a wall or roof structural capacity is to be removed, the as-
sociated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof
involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as re-
moved. Recalculation may be necessary during the process of development and the Zoning Officer
may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or
expanded fenestration shall be counted as wall area to be removed.
Only exterior surface,area above finished grade shall be used in the determination of demolition.
Sub-grade elements and interior wall elements, while potentially necessary for a building's integ-
rity, shall not be counted in the computation of exterior surface area,
According to the prepared diagram and area tabulation, the surface area of all portions of the exte-
rior to be removed shall be divided by the surface area of all portions of the exterior of the existing
structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine
if the building is to be or has been demolished according to the definition of Demolition, Section
26.104.100. If portions of the building involuntarily collapse, regardless of the developer's intent,
that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural capabilities of
the building prior to undertaking a remodel. Failure to properly understand the structural capacity
of elements intended to remain may result in an involuntary collapse.of those portions and a re-
quirement to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances
City of Aspen Land Use Code. June,2005 .
Part 500,Page 64
l
shall not affect the calculation of actual physical demolition, Additional requirements or restric-
tions of this Title may result upon actual demolition.
(Ord. No. 44-1999, § 7; Ord. No, 55-2000, § 14; Ord, No. 56-2000, §§ 5, 6, 8; Ord. No. 25-2001,
§§6, 7; Ord.No. 46-2001, §4;Ord.No.55, 2003§4)
26.575.030 Pedestrian Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown pedestrian environment. Pe-
destrian Amenity contributes to an attractive downtown retail district by creating public places and
settings conducive to an exciting pedestrian shopping and entertainment atmosphere. Pedestrian
amenity can take the form of physical or operational improvements to public rights-of-way or pri-
vate property within commercial areas. Pedestrian Amenity provided on the subject development
site is referred to as On-Site Pedestrian Amenity in this section.
B. Applicability and Requirement, The requirements of this Section shall apply to the devel-
opment of all land within the area bounded by Main Street, Original Street,Dean Street, and Aspen
Street. This area represents Aspen's primary pedestrian-oriented commercial district. The linear
extension of the centerline of these streets shall be used to determine the boundary in instances
where these streets are not developed or do not connect..Whenever a parcel straddles this bound-
ary, the requirement shall be lessened proportionately(based on land area)for that parcel.
Twenty-five (25) percent of each parcel within the applicable area shall be provided as Pedestrian
Amenity. For redevelopment of parcels on which less than this twenty-five (25) percent currently
exists, the existing (prior to redevelopment) percentage shall be the effective requirement provided
no less than ten (10)percent is required. For redevelopment of parcels in which ten (10) percent of
the parcel is the requirement, provision of a cash-in-lieu payment shall be automatically permitted
with no further review.
Exempt from these provisions shall be development consisting entirely of residential uses. Also
exempt from these provisions shalt be the redevelopment of parcels where no on-site pedestrian
amenity currently exists, provided the redevelopment is limited to replacing the building in its same
dimensions as measured by footprint, height, and floor area.
C. Provision of Pedestrian Amenity.
The Planning and Zoning Commission, pursuant to the review procedures and criteria of Section
26.412 — Commercial Design Review, shall determine the appropriate method or combination of
methods for providing this required amenity. Any combination of the following methods may be
used such that the standard is reached.
1. On-Site Provision of Pedestrian Ameni y. A portion of the parcel designed in a manner
meeting the Design and Operational Standards for On-Site Pedestrian Amenity, Section
I City of Aspen Land Use Code, June, 2005
Part 500,Page 65'
26.575.030(C), The Planning and Zoning Commission shall review the site plan, pursuant
to section 26.412, Commercial Design Review.
2. Off Site Provision of Pedestrian Amenity. Proposed pedestrian amenities and improvements
to the pedestrian environment within proximity of the development site may be approved by
the Planning and Zoning Commission, pursuant to Section 26.412 — Commercial Design
Review. These may be improvements to private property, public property, or public rights-
of-way. An easement providing public access over an existing public amenity space for
which no easement exists may be accepted if such easement provides permanent public ac-
cess and is acceptable to the City Attorney. Off-Site improvements shall equal or exceed
the value of an otherwise required cash-in-lieu payment and be consistent with any public
infrastructure or capital improvement plan for that area.
3. Cash-in-lieu Provision. The Planning and Zoning Commission, pursuant to Section 26.412
— Commercial Design Review, may accept a cash-in-lieu payment for any portion of re-
quired pedestrian amenity not otherwise physically provided, according to the procedures
and limitations of Section 26.575,030.8,Cash-in-Lieu Payment.
4. Alternative Method. The Planning and Zoning Commission, pursuant to Section 26.412—
Commercial Design Review, may accept any method of providing Pedestrian Amenity not
otherwise described herein if the Commission finds that such method equals or exceeds the
value, which maybe non-monetary community value,of an otherwise required cash-in-lieu
payment.
D. Reduction of Requirement, The Planning and Zoning Commission, or Historic Preservation
Commission as applicable, pursuant to the procedures and criteria of Section 26.412—Commercial
Design Review — may reduce the pedestrian amenity requirement by any amount, such that no
more than half the requirement is waived, as an incentive for well-designed projects having a posi-
tive contribution to the pedestrian environment. The resulting requirement may not be less than
10%.
The Historic Preservation Commission may reduce by any amount the requirements of this section
for Historic Landmark properties upon one of the following circumstances:
1. When the Historic Preservation Commission approves the on-site relocation of a Historic
Landmark such that the amount of on-site pedestrian space is reduced below that required
by this Chapter.
2. When the manner in which a Historic Landmark building was originally developed reduces
the amount of on-site pedestrian amenity required by this Chapter.
3. When the redevelopment or expansion of a Historic Landmark constitutes an exemplary
preservation effort deserving of an incentive or reward.
E Payment lit lieu. When the method of providing pedestrian amenity includes a, cash-in-lieu
payment,the following provisions and limitations shall apply:
Cite of Aspen Land Use Code. June,2005
Pai•t 500,Page 66
Formula for determining cash-in-lieu payment,
Payment = [Land Value]x [Pedestrian Amenity Percentage]
Where; Land Value =Value of the unimproved land.
Pedestrian Amenity Percentage =Percent of the parcel required to be provided as
a pedestrian amenity, pursuant to Section 26.575.030(B) lessened by other meth-
ods of providing the amenity.
Land Value shall be the lesser of fifty (50) dollars per square foot multiplied by the number
of square feet constituting the parcel or the appraised value of the unimproved property, de-
termined by the submission of a current appraisal performed by a qualified professional real
estate appraiser and verified by the Community Development Director. An applicant may
only waive the current appraisal requirement by accepting the fifty (50) dollar per square
foot standard.
Acceptance of a cash-in-lieu of Pedestrian Amenity shall be at the option of the Planning
and Zoning Commission, or the Historic Preservation Commission as applicable, pursuant
to Section 26.412—Commercial Design Review, The payment-in-lieu of pedestrian amen-
ity shall be due and payable at the time of issuance of a building permit.The City Manager,
upon request, may allow the required payment-in-lieu to be amortized in equal payments
over a period of up to five years, with or without interest,
All funds shall be collected by the Community Development Director and transferred to the
Finance Director for deposit in a separate interest bearing account. Monies in the account
shall be used solely for the purchase,development, or capital improvement of land or public
rights-of-way for open space, pedestrian amenity, or recreational purposes within or adja-
cent to the applicable area in which this requirement applies. Funds may be used to acquire
public use easements.
Fees collected pursuant to this section may be returned to the then present owner of prop-
erty for which a fee was paid, including any interest earned, if the fees have not been spent
within seven (7) years from the date fees were paid, unless the City Council shall have ear-
marked the funds for expenditure on a specific project, in which case the City Council may
extend the time period by up to three (3) more years, To obtain a refund, the present owner
must submit a petition to the Finance Director within one (1) year following the end of the
seventh (7th)year from the date payment was received.
For the purpose of this section, payments shall be spent in the order in which they are re-
ceived. Any payment made for a project for which a building permit is canceled, due to
non-commencement of construction, may be refunded if a petition for refund is submitted to
the finance director within three (3) months of the date of the cancellation of the building
permit. All petitions shall be accompanied by a notarized, sworn statement that the peti-
tioner is the current owner of the property and by a copy of the dated receipt issued for pay-
ment of the fee,
City of Aspen Land Use Code. June,2005
Part 500,Page 67
i
F Design and Operational Standards for Pedestrian Amenity. Pedestrian amenity, on all pri-
vately-owned land in which pedestrian amenity is required, shall comply with the following
provisions and limitations:
1. Overt to View, Pedestrian amenity areas shall be open to view from the street at pedestrian
level,which view need not be measured at right angles.
2. .pen to Skv. Pedestrian amenity areas shall be open to the sky. Temporary and seasonal
coverings, such as umbrellas and retractable canopies are permitted. Such non-permanent
structures shall not be considered as floor area or a reduction in pedestrian amenity on the
parcel.
Trellis structures shall only be permitted in conjunction with commercial restaurant uses on
a designated Historic Landmark or within (H) Historic overlay zones and must be approved
pursuant to review requirements contained in Chapter 26.415 —Development Involving the
Aspen Inventory of Historic Landmark Sites and Structures or Development within a His-
toric District. Such approved structures shall not be considered as floor area or a reduction
in pedestrian space on the parcel,
3. No Walls&E closures. Pedestrian amenity areas shall not be enclosed. Temporary struc-
tures, tents, air exchange entries, plastic canopy walls, and similar devices designed to en-
close the space are prohibited, unless approved as a temporary use, pursuant to Section
26.450. Low fences or walls shall only be permitted within or around the-perimeter of pe-
destrian space if such structures shall permit views from the street into and throughout the
pedestrian space.
4. Prohibited Uses. Pedestrian amenity areas shall not be used as storage areas, utility/trash
service areas, delivery area, parking areas or contain structures of any type, except as spe-
cifically provided for herein. Vacated rights-of-way shall be excluded from pedestrian
amenity calculations.
5. Grade Limitations. Required pedestrian amenity shall not be more than four (4) feet above
or two (2) feet below the existing grade of the street or sidewalk which abuts the pedestrian
space, unless the pedestrian amenity space shall follow undisturbed natural grade, in which
case there shall be no limit on the extent to which it is above or below the existing grade of
the street.
6. Pedestrian Links. In the event that the City of Aspen shall have adopted a trail plan incorpo-
rating mid-block pedestrian links, any required pedestrian space must, if the city shall so
elect, be applied and dedicated for such use.
7. Landscapink Plan. Prior to issuance of a building permit, the Community Development Di-
rector shall require site plans and drawings of any required pedestrian amenity area, includ-
ing a landscaping plan, and a bond in a satisfactory form and amount to insure compliance
with any pedestrian amenity requirements under this title.
8. Maintenance of Landscaping, Whenever the landscaping required herein is not maintained,
the Chief Building Official, after thirty (30) days written notice to the owner or occupant of
I
City of Aspen.Land Use Code. June,2005
Part 500,Page 68
the property; may revoke the certificate of occupancy until said party complies with the
landscaping requirements of this section.
9. Commercial Actii,ity. No area of a building site designated as required pedestrian amenity
space under this section shall be used for any commercial activity, including, but not limited
to, the storage, display, and merchandising of goods and services; provided, however, that
the prohibition of this subsection shall not apply when such use is in conjunction with per-
mitted commercial activity on an abutting right-of-way or is otherwise permitted by the
City. For outdoor food vending in the Commercial Core District, also see Section
26.470,040(B)(3), Administrative Growth Management Review.
10. Commercial Restaurant Use. The provisions above notwithstanding, required pedestrian
amenity space may be used for commercial restaurant use if adequate pedestrian and emer-
gency vehicle access is maintained.
(Ord. No. 55-2000, § 15; Ord.No. 1-2002 § 16,2002;Ord. No.23-2004, §3;Ord.No. 5,2005, §2)
26.575.040 Yards.
The following supplemental regulations shall apply to all yards.
A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky ex-
cept for the following allowed projections;
1. Building eaves--Eighteen (18) inches;
2. Architectural projections Eighteen(18) inches;
3. Balconies not utilized as an exterior passageway, may extend the lesser of one-third of the
way between the required setback and the property line or four(4)feet.,
4. Fire escapes required by the Uniform Building Code--Four(4) feet;
5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar structures, which
do not exceed thirty (30) inches above or below natural grade, shall be permitted to project
into the yard without restriction. Projections may exceed thirty (30) inches below grade if
determined to be required by the chief building official for window egress.
6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural
grade, are permitted in all required yard setbacks. (See, Supplementary Regulations -Sec-
tion'26.575.050, Fences.).
7. Driveways Driveway access shall not exceed a depth or height greater than twenty-four (24)
inches above or below grade within the required front yard setback. Within all other re-
quired setbacks, driveway access shall not exceed a depth or height greater than thirty (30)
City of Aspen Land Use Code. June,2005
Part 500,Page 69
- t
inches above or below grade. Parking is only permitted within required setbacks if it is in an
approved driveway or other area approved for parking,
8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall be
prohibited in all required yard set backs.
B. Required Yards Adjacent to Private Streets or Rights-of-way. Where there is no public dedica-
tion and the lot line extends into the right-of-way, the required yard setback shall equal the
minimum distance specified under the zone district regulations along the closest boundary of
the right-of-way to the proposed structure. When a property's lot line does not extend into the
right-of-way, the required yard setback shall equal the minimum distance specified under zone
district regulations from the lot line. Please refer to Figure 575.1, Required Setback from a Pri-
vate Road or Right-of-Way.
Figure 575.1 Required Setback from a Private Road or Right-of-Way
C. Corner Lots, On a lot bordered on two (2)sides by intersecting streets, the owner shall have a
choice as to which yard shall be considered as the front yard, such yard to meet minimum setbacks
for a front yard in that zone district. The remaining yard bordering a street may be reduced by one-
third (1/3) of the required front yard setback distance for the zone district.The rear yard must coin-
cide with the rear alignment of neighboring lots regardless of which yard is considered the front
yard by the owner.
City of Aspen Land Use Code.,June,2005 4
Part 500,Page 70
D. Transitional Yards Where two (2) lots which share a common side lot line are in different
zone districts, the lot in the more intensive zone district shall observe the required yard setback dis-
tance as established for the less intensive use zone district.
E. Non Aligned Lots. For any lot in the.R-6 zone district in excess of nine thousand (9,000)
square feet which is not aligned along the traditional Aspen Townsite lot lines,the building inspec-
tor shall measure the side.yards from the two (2) shortest sides of the lot which are opposite from
each other and the front and rear yards from the two (2) longest sides of the lot which are opposite
from each other.
26575.045 Junk Yard and Service Yards.
Junk yards (see definition, Section 25.104.100) shall be screened from the view of other lots,struc-
tures, uses and rights-of-way. Service yards (See definition, Section.26..104.100) shall be fenced so
as not to be visible from the street, and such fences shall be a minimum six (6) feet high from
grade. All fences shall be of sound construction and shall have not more than ten(10) percent open
area.
26.575.050 Fences.
\, Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet
above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter
26.410). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought
iron or masonry. On coiner lots,no fence,retaining wall, or similar object shall be erected or main-
tained which obstructs the traffic vision, nor on comer lots shall any fence,retaining wall, or simi-
lar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured
from`street grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing pro-
posed construction, material, location and height shall be presented to the building inspector before
a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that
it will not obstruct vehicular visibility at intersections. (Ord.No. 55-2000, § 16)
26.575.060 Utility/Trash/Recycle Service Areas.
A. General The following provisions shall apply to all utility/trash service areas:
1. If the property adjoins an alleyway, the utility/trash/rmycle service area shall be along
and accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash
service areas shall be fenced so as not to be visible from the street, and such fences shall
be six(6)feet high from grade.All fences shall be of sound construction and shall be no
less than 90%opaque.
City of Aspen Land Use Code. June,2005
Part 500,page 71
J
7. Access ways. In addition to ingress and egress requirements of the Building Code, access to
and from wireless telecommunication services facilities and equipment shall be regulated as
follows:
a. No wireless communication device or facility shall be located in a required parking,
maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any
way impairs,the intent or functionality of the original design.
b. The facility must be secured from access by the general public but access for emergency
services must be ensured. Access roads must be capable of supporting all potential
emergency response vehicles and equipment.
c. The proposed easement(s) for ingress and egress and for electrical and telephone shall
be recorded at the Pitkin County Clerk and Recorder's Office prior to the issuance of
building permits. (Ord.No. 1-2002 § 18, 2002; Ord.No. 53-2003,§14, 15)
26.575.140 Accessory uses and accessory structures.
An accessory use shall not be construed to authorize a use not otherwise permitted in the zone dis-
trict in which the principal use or structure to which it is accessory. An accessory use or structure
may not be established prior to the establishment of the principal use or structure to which it is ac-
cessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities suf-
ficient to render them suitable for permanent residential occupation.
26.575.150 Outdoor lighting.
A. Intent and purpose. The City of Aspen has experienced a significant increase in the use of
exterior illumination. City residents value small town character and the qualities associated with
this character, including the ability to view the stars against a dark sky. They recognize that inap-
propriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant condi-
tions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric
power. It is also recognized that some exterior lighting is appropriate and necessary.
This section is intended to help maintain the health, safety, and welfare of the residents of Aspen
through regulation of exterior lighting in order to:
a. Promote safety and security;
b. Help preserve the small town character;
c. Eliminate the escalation of nighttime light pollution;
d. Reduce glaring and offensive light sources;
e. Provide clear guidance to builders and developers;
f. Encourage the use of improved technologies for lighting;
g. Conserve energy; and,
h. Prevent inappropriate and poorly designed or installed outdoor lighting.
City of Aspen Land Use Code. June,2005
Part 500,Page 87
B. Applicability. The lighting standards of this section shall be applicable to all outdoor lighting !
within the City of Aspen. Existing outdoor lighting shall be considered legal non-conforming light-
ing for one year from the adoption date of this ordinance.
C. Definitions.
(a) Fully shielded light: light fixtures shielded or constructed so that no light rays are directly
emitted by the installed fixture'at angles above the horizontal plane as certified by a photo-
metric test report. The fixture must also be properly installed to effectively down direct
light in order to conform with the definition.
(b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot.
For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft.
above finished grade.
(c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly
below the centerline of the fixture to the lowest direct light emitting part of the fixture.
(d) High Intensity Discharge Light Source(HID): Light sources characterized by an are tube or
discharge,capsule that produces light, with typical sources being metal halide, high pressure
sodium, and other similar types which are developed in accordance with accepted industry
standards.
(e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb
filament or discharge capsule). "
(f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the
property on which it is located.
D. Lighting Plans.
(a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivi-
sion, planned unit development, development within any environmentally sensitive area,
special review application, and building permit application for a commercial or multi-
family building. Such lighting plans shall be subject to establishment and approval through
the applicable review processes. Said lighting plan shall show the following:
(1) The location and height above grade of light fixtures;
(2) The type(such as incandescent,halogen, high pressure sodium) and luminous inten-
sity of each light source;
(3) The type of fixture(such as floodlight, full-cutoff,lantern,coach light);
(4) Estimates for site illumination resulting from the lighting, as measured in foot-
candles,.should include minimum, maximum and average illumination. Comparable
City of Aspen Land Use Code. June,2005
Part 500,Page 88
examples already in the community that demonstrate technique, specification,and/or
light level should be provided if available to expedite the review process; and
(5) Other information deemed necessary by the Community Development Director to
document compliance with the provisions of this Article.
(b) Single family and duplex building shall be in compliance with the standards of Section
26.575.090.
E. Non Residential Lighting Standards, The following lighting standards shall be applicable to all
non-residential properties including mixed uses:
(a) Outdoor lighting used to-illuminate parking spaces, driveways, maneuvering areas, or
buildings shall conform to the definition for "fully shielded light fixtures" and be de-
signed, arranged and screened so that the point light source shall not be,visible from ad-
joining lots or streets. No portion of the bulb or direct lamp image may be visible be-
yond a distance equal to or greater than twice the mounting height of the fixture, For
example, for a fixture with a mounting height of twelve(12) feet, no portion of the bulb
or direct lamp image may be visible from twenty-four (24) feet away in any direction.
The light level shall not exceed 10 foot-candles as measured three feet above finished
grade. Exemptions may be requested for areas with high commercial, pedestrian,or ve-
hicular activity up to a maximum of 20 foot-candles.
(b) Outdoor lighting shall be 12 ft. or less in height unless it meets one of the following cri-
teria:
• The lighting is fully shielded and the point light source is not visible be-
yond the boundaries of the property in which it is located;or
• The lighting is otherwise approved in Section 27.575.150(K).
(c) All light sources which are not fully shielded shall use other than a clear lens material as
the primary lens material to enclose the light bulb so as to minimize glare from that
point light source. Exceptions may be.allowed where there is a demonstrated benefit for
the community determined through the exemption process listed in this section.
(d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of
175 high pressure sodium (HPS) and 175 watt metal halide (coated lamp -- 3,000 de-
grees Kelvin). Standards for other HID light sources may be established by the City for
new technology consistent with the above restrictions.
(e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less
than 75 ft. apart.Decorative fixtures(which are also fully shielded) are allowed to main-
tain a 50 ft, fixture spacing. Wall mounted fixture spacing for security lighting shall be
no less than 50 ft, measured horizontally. Decorative fixtures directed back toward a
building face shall be exempt from this spacing requirement when shielded and shall not
exceed 50 watts, Decorative fixtures that are not shielded shall maintain a minimum
City of Aspen Land Use Code. June,2005
Part 500,Page 89
spacing of 25 ft. and shall not exceed 50 watts. Where security lighting is a combination
of pole and wall mounted fixtures, minimum spacing shall be 75 ft: and a maximum of
150 ft.
(f) Pole mounted fixtures shall be limited to two light sources per pole.
(g) Mixed use areas that include residential occupancies shall comply with the residential
standards on those floors or areas that are more than 50% residential based on square .
footage of uses.
.(h) Up-lighting is only permitted if the light distribution from the fixture is effectively con-
tained by an overhanging architectural or landscaping element. Such elements may in-
clude awnings, dense shrubs, or year-round tree canopies, which can functionally con-
tain or limit illumination of the sky. In these cases the fixture spacing is limited to one
fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp watt-
age within a fixture of 35 watts.
(i) Up-lighting of flags is permitted with a limit of two fixtures per flag pole with a maxi-
mum of 150 watts each. The fixtures must be shielded such that the point source is not
visible outside of a 15-ft.radius.
(j) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not t
exceed a maximum of 20 candles under the canopy.
F. Residential Lighting Standards. The following lighting standards shall be applicable to resi-
dential properties:
(a) Outdoor lighting shall be 12 ft. or less in height unless it meets on of the following crite-
ria:
• The lighting is used to illuminate above grade decks or balconies, is fully shielded,
and the point light source is not visible beyond the boundaries of the property in
which it is located; or,
The lighting is fully recessed into a roof soffit, fully shielded, and is not visible be-
yond the boundaries of the property in which it is located;or,
• The lighting is otherwise approved in Section 27.575.150 (K):
(b) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be
prohibited. In addition, incandescent light sources including halogen shall not exceed
50 watts.
(c) All light sources that are not fully shielded shall use material other than a clear lens ma-
terial to enclose the light source. The point light source shall not be visible from adja-
cent properties.
1
City of Aspen Land Use Code. June,2005
Part 500,Page 90
(d) Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. of landscaped area
(as measured in a horizontal plane),
(e) Security lights shall be restricted as follows:
1. The point light source shall not be visible from adjoining lots or streets.
2. Flood lights must be controlled by a switch or preferably a motion sensor activated
only by motion within owners property.
3. Timer controlled flood lights shall be prohibited.
4. Photo-cell lights shall be allowed under the following circumstances:
a) At primary points of entrance(e.g. front entries) or in critical common areas
for commercial and multi-family properties;
b) where the light sources are fully-shielded by opaque material (i.e, the fixture
illuminates the area but is not itself visibly bright); and, .
c) the light source or fluorescent (or compact fluorescent) to eliminate excess
electricity consumption.
5. Lights must be fully shielded, down directed and screened from adjacent properties
in a manner that limits light trespass to .1'of a foot candle as measured at the prop-
erty line.
6. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade.
7. No light fixture shall be greater than 12 feet in height.Exceptions are:
(a.)Tree mounted fully shielded, downward directed lights using a light of 25 watts
or less, and
(b.)Building mounted flood lights fully shielded, downward directed lights using a
light,of 50 watts or less.
(c) Motion sensor lights may be permitted,but only where the sensor is triggered by
motion within the owner's property lines.
(d) Light trespass at property lines should not exceed .1 of a foot-candle as meas-
ured at the brightest point.
G. Reserved
H. Exemptions. The following types of lighting installations shall be exempt from the provisions,
requirements,and review standards of this Section, including those requirements pertaining to Zon-
ing Officer review.
1. Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illu-
minated only between and including November 15 and March 1 shall be exempt from the
provisions of this Section, provided that such lighting does not.create dangerous glare on
adjacent streets or properties, is maintained in an attractive condition, and does not consti-
tute a fire hazard.
` City of Aspen Land Use Code. June,2005
Part 500,Page 91
2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and " y
welfare including but not limited to traffic control devices, street lights, and construction
lighting.
3. Temporary Lighting. Any person may submit a written request to the Community Devel-
opment Director for a temporary exemption request. If approved, the exemption shall be
valid for not more than fourteen(14) days from the date of issuance of a written and signed
statement of approval. An additional 14 day temporary exemption may be approved by the
Director. The Director shall have the authority to refer an application for a temporary ex-
emption to the Planning and Zoning Commission or the Historic Preservation Commission
if deemed appropriate. A temporary exemption request shall contain at least the following
information:
a. Specific exemption or exemptions requested;
b. Type,use and purpose of outdoor lighting fixture(s)involved;
c. Duration of time requested for exemption;
d. Type of lamp and calculated lumens;
e. Total wattage of lamp(s);
f. Proposed location on premises of the outdoor light fixture(s);
g. Previous temporary exemptions,if any;
h. Physical size of outdoor light fixture(s)and type of shielding provided; and,
is Such other information as may be required by the Community Development Department
Director.
4. Approved Historic Lighting Fixtures. Non-conforming lighting fixtures which are corisis-
tent with the character of the historic structure or district may be exempted with approval
from the Historic Preservation Officer or Historic Preservation Commission. Approved fix-
tures shall be consistent with the architectural period and design style of the structure or dis-
trict and shall not exceed 50 watts.
S. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers, .
may be exempted from the fully-shielded requirement provided they do not exceed 50
watts.
6. If a proposed lighting plan or fixtures are proposed that do not meet this code but that have
demonstrable community benefit, an exemption may be considered. The applicant shall
submit additional information to adequately assess the community benefit for approval by
the Community Development Director.
X. Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall
be prohibited in the City of Aspen.
1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where re-
quired by building code.
City of Aspen Land Use Code. June,2005
Part 500,Page 92
I
2. Lighting for the purpose of illuminating a building facade shall be prohibited when such
lighting is mounted to the ground or poles,or is mounted on adjoining/adjacent structures.
3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and
changing color lights and internally illuminated signs shall be prohibited, except for tempo-
rary holiday displays,lighting for public safety or traffic control,or lighting required by the
FAA for air traffic control and warning purposes.
4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color
rendering qualities.
5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily in-
tended as an architectural highlight to attract attention or used as a means of identification
or advertisement shall be prohibited.
6. Unshielded flood lights and timer controlled flood lights shall be prohibited..
7. Lighting directed toward the Roaring Fork River or its tributaries.
$. No outdoor lighting may be used in any manner that could interfere with the safe movement
of motor vehicles on public thoroughfares. The following is prohibited:
a. Any fixed light not designed for roadway illumination that produces direct light or glare
that could be disturbing to the operator of a motor vehicle.
b. Any light that may be confused with or construed as a traffic control device except as
authorized by State,Federal,or City government.
9. No beacon or search light shall be installed,illuminated,or maintained.
10. Up-lighting is prohibited,except as otherwise provided for in this Section.
J. Nonconforming Lighting. Unless otherwise specified.within this ordinance, within one (1)
year of the effective date of this ordinance, all out door lighting fixtures that do not conform to re-
quirements of this ordinance must be replaced with conforming fixtures or existing fixtures must be
retrofitted to comply, Violations shall be corrected within 60 days of being cited. Until that time,
all existing outdoor lighting fixtures that do not already comply shall be considered legal noncon-
forming fixtures.
B. Review Standards.
1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above
grade in height. Special review by the Planning and Zoning Commission may allow lighting of
a greater height under the following circumstances:
City of Aspen Land Use Code. June,2005
Part$00,Page 93
j
(a)A fixture at a greater height is required due to safety, building design, or extenuating cir-
cumstances in which case the light shall be fully shielded with a non adjustable mount-
ing;or
(b) Lighting for commercial parking and vehicle circulation areas may have a maximum
height of 20 feet above grade and shall be fully shielded
2. Foot Candles. Outdoor Non-Residential (26.575.070), Sign (26.575.080), and Residential
(26.575.090) Lighting Standards shall not exceed the foot candles designated in their re-
spective sections. Special review by the Planning and Zoning Commission may allow light-
ing of a greater intensity under the following circumstances:
a. A fixture of a greater light intensity is required due to safety, building design, or ex-
tenuating circumstances in which case the light shall be fully shielded with a non ad-
justable mounting; or
b. An architectural or historical feature requires greater illumination, in which case the
light shall be fully shielded with a non adjustable mounting.
L. Procedures.
1, Administrative Review Procedures. Lighting plans submitted in conjunction with applica-
tions for subdivision, planned unit development, development within any environmentally
sensitive area, or special review application shall be reviewed by the Planning and Zoning
Commission.
2. Lighting plans submitted as a part of a building permit application for a commercial or t.
multi-family structure shall be reviewed administratively by the Community Development
Director. The Director shall have the authority to refer an application to the Planning and
Zoning Commission or the Historic Preservation Commission if deemed appropriate.
3. Appeals. Any appeals related to decisions regarding outdoor lighting shall be made to the
Board of Adjustment compliant with the procedures in the Appeals Section 26.316 of this
Land Use Code.
(Ord.No. 47-1999, §1; Ord.No. 53-2003, §16,17,18,19,20) _
26.575.160 Dormitory.
Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit
shall provide a minimum of one hundred fifty (150) square feet per person of net living area, in-
cluding sleeping, bathroom, cooking and lounge used in common. Standards for use and 'design of
such facilities shall be established by the city's housing designee.
26.575.170 Fuel storage tanks
I.
City of Aspen Land Use Code. June,2005
Part 500,Page 94
PROJECT DIRECTORY www
OWNER: JOHN ROWLAND AND SARAH BROUGHTON STRUCTURAL KLBA STRUCTURAL ENGINEERS LANDSCAPE ELEM NTS
1001 E.COOPER AVENUE.k8 ENGINEER: 129 EMMA ROAD,UNIT A ARCHITECT: 319 AABC,UNIT J
ASPEN.CO 81611 BASALT,GO 81621 ASPEN,CO 81611 rowland+broughton
PHONE:970.927.5174 PHONE:970.309.3302 architecture and urban design
FAX 970.927.5194 FAX 970.544.4856 234 e.hWidns eve. 3377 Neke sl 106
ARCHITECT: ROWLANDIBROUGHTON CONTACT:BRETT MCELVAIN CONTACT:MONIQUE SPEARS aspen,w 81611 denver,w 80205
ARCHITECTURE AND URBAN DESIGN bmce11-49kI.-re moni9ue@o4outdwr.wm 970.544.9006 v 303.308.1373 v
234 E.HOPKINS STREET 303.523.6890 CELL 970.309.3302 CELL 970.544.34731 303.308.13751
ASPEN.CO 61611
PHONE:970.544.9006 MEP ENGINEER: BEAUDIN GANZE CONSULTING ENGINEERS HIGH COUNTRY ENGINEERING
FAX:970 544.3473 BLAKE AVENUE
CIVIL ENGINEER:
CONTACT:JOHN ROWLAND,AIA 222 CHAPEL PLACE,UNIT AC-201 GLE
AVON,CO 81620 LENWOOD SPRINGS,CO 81601
john rowlandbmugnten.wm PHONE.970.9498108 PHONE:970.945.8676 Issue:
970.379.9910 CELL FAX 970.949.6159 FAX:970.94.2555
SARAH BROUGHTON,AIA CONTACT:DAN KOELLIKER CONTACT: 01.26.2013
sarah4-M-dbmughton.wm dkoelliker®bece.COm ROGER NEAL CONCEPTUAL REVIEW
970.379.0111 CELL 970.376 6721 CELL meal@hceng.wm
MARINA SKILES,RA BRANDON CHALK AMBER GREGORY 03.13.2013
nna@mwlendbmuglon.wm jbchelk�bece.wm amber @-g.wm ARBORIST REVIEW
970.618.1458 CELL 704 560 9169 970.618.2174 cell
03.25.2013
CONSULTANT BACKGROUNDS
CONTRACTOR: R-B DESIGN BUILD SURVEYOR: TUTTLE SURVEYING SERVICES GEOTECHNICAL HP GEOTECH
117 S.MONARCH STREET 823 BLAKE AVENUE,SUITE 102 04.03.2ND
ASPEN,CO 81611 ENGINEER: GLE COUNTY ROAD 154 HPC AMENDMENT
GLENWOOD SPRINGS,CO 87601 GLENWOOD SPRINGS,CO 81801
PHONE:970.544.9008 PHONE:970.928.9708 PHONE:970.945.7988 04.10.2013
FAX:970.544.3473 FAX 970.947 3007 FAX:970 9459454
WINDOW AND DOOR SCHEDULES
CONTACT:KEN LIBMAN CONTACT'.JEFF TUTTLE CONTACT:STEVE PAWLAK
eLmen®rbd.aIpbuild.wm jeB @tse- com sieve @hpg-t-h.wm 05.24.2013
917.518.6181 CELL 970.379.5026 CELL PROGRESS SET
CHRIS DOLAN
Cdolen@{rbdesignbulld.wm 05.30.BMIT
970.379.4974 CELL UTILITIES: ELECTRIC-HOLY CROSS(970)9455491 LEED RATER: ENERGY LOGIC HPC SUBMITTAL
NATURAL GAS-SOURCE GAS(970)928-0401 525 E.COUNTY ROAD 8
WATER-CITY OF ASPEN BERTHOUD,CO 80513
TRASH PHONE:800.315.0459.ext.729
RECYCLING FAX 970.532.5074
CONTACT:CARISSA SAWYER mm
SOIL YEH 8 ASSOCIATES 303.598 6626 CELL
STABILIZATION 1525 BLAKE AVENUE 303.598 6626 CELL
Revision:
ENGINEER: GLENWOOD SPRINGS,C081601
PHON .38
E:9704.1500
FAX 970.384.1501 SOLAR SUNSENSE SOLAR,INC.
CONTACT: ENGINEER: PO BOX 301
CARBONDALE,CO 81623
PHONE:970.963.1420
CONTACT:ISAAC ELLIS
isaac@sunserl com
ANDY LIETZ
andy @wnsenw Fem
SHEETINDEX
GENERAL ARCHITECTURAL STRUCTURAL.
AO.0 COVER SHEET PROPOSED
A01 GENERAL INFORMATION SHEET All SITE PLAN
AO.2 PROPOSED FLOOR AREA CALCULATIONS A2.0 LOWER LEVEL FLOOR PLAN
A2.1 LEVEL ONE FLOOR PLAN
SURVEY
A2.2 LEVEL TWO FLOOR PLAN S20 FOUNDATION PLAN
1 OF 1 IMPROVEMENT 8 TOPOGRAPHIC SURVEY A23 ROOF PLAN S2.1 LEVEL ONE FRAMING PLAN
LANDSCAPE ACT EAST ELEVATIONS S2.2 LEVEL TWO FRAMING PLAN It 1
PLAN A4 NORTH ELEVATIONS S2.3 ROOF FRAMING PLAN
LS.10 LANDSCAPE SITE PIA LS.40 LANDSCAPE LAYOUT A4.3 SOUT ELEVATION OA(7 LS 41 TREE PERMIT-PROPOSED A64 SOUTH ELEVATIONS
1 A5.1 BUILDING SECTIONS
A5.2 BUILDING SECTIONS
A5.3 BUILDING SECTIONS
A6,1 BUILDING SECTIONS
A6.11 BUILDING SECTIONS 507 GILLESPIE
A6.21 BUILDING SECTIONS
A31 WINDOW AND DOOR SCHEDULE
Ili
A9.0 INTERIOR ELEVATIONS
A9.1 INTERIOR ELEVATIONS
A92 INTERIOR ELEVATIONS 507 W GILLESPIE STREET
A9.3 INTERIOR ELEVATIONS ASPEN CO 61611
A94 INTERIOR ELEVATIONS ; 'r -
ta
A9.5 INTERIOR ELEVATIONS
A9.8 INTERIOR ELEVATIONS 8
µ ...
A9.7 INTERIOR ELEVATIONS
A9.8 INTERIOR ELEVATIONS .
A9.9 INTERIOR ELEVATIONS
A9.10 INTERIOR ELEVATIONS
-_-
-- ----- A9.11 INTERIOR ELEVATIONS
-- A9.12 INTERIOR ELEVATIONS
\
I... $
PROJECT NO:
P2013.03
DWG FILE:
P2013.03_AO.0.dw9
I� I SHEET TITLE
i III �
COVER
I � l SHEET
s` SCALE: N.T.S
NORTH ELEVATION-PROPOSED A
21
ti
F�
ee
VICINITY MAP(N.T.S.) PROJECT INFORMATION
PROJECT: 507 GILLESPIE APPLICABLE LAND USE CODE: 2006 CITY OF ASPEN LAND USE CODE rowland+broughton
1, t CODES: RESIDENTIAL CODE: 2009 IE I.R.C.(CHAPTERS 1-10 ONLY)
507 W.GILLESPIE STREET architecture and urban design
i. ASPEN.CO 81611 ENERGY CODE 2009 IECC
,
PLUMBING CODE: 2009 I.P.C. 234a hop816eve. 33]]bloke 4L106
PARCEL ID: 2]351211100] MECHANICAL CODE: 20091.M.C. aspen m 8t8t1 denver,m 80205
ELECTRICAL CODE: 2011 N.E.C. 9]0.544.9006 v 303.308.1373.308, 751
910.544.34]3 f 303.306.13]51
CITY PERMIT•: PENDING FIRE/LIFE SAFETY: 2009 I.F.C.
y,
FULE&GAS CODE. 2009 LF.G.C.
LEGAL SUBDIVISION:GILLESPIE HISTORIC PARTNERS I.I.C. PITKIN COUNTY CODE-TITLE 8&TITLE 11
DESCRIPTION: LOT LINE ADJUSTMENT,LOT B
OCCUPANCY R-3
ZONE DISTRICT: R6-MEDIUM DENSITY RESIDENTIAL TYPE:
Issue:
L K PROPERTY 5,086 SF.I-(117 ACRES)PER PLAT BOOK 96 AT PAGE 60 CONSTRUCTION V-B 01.26.2013
_ AREA: CONCEPTUAL REVIEW
SPRINKLER: N/A
4 s MAX HEIGHT: 25'FOR PRINCIPAL STRUCTURE ARBOR2013
ELEVATION: ARCHITECTURE 100'-0'=SURVEY 7888' 03.13. 0 REVIEW
INSULATION PER 20091ECC 03.25.2013
SETBACKS: 10'FRONT YARD SETBACK REQUIREMENTS PITKIN COUNTY:CLIMATE ZONE 17
CONSULTANT BACKGROUNDS
5'REAR YARD SETBACK
g 5'SIDEVARp SETBACK 04.03.2
HPC AMENDMENT
ALLOWABLE 2,840 SF(REF.SHEET A0.2 FOR CALCULATIONS)
04.10.2013
FLOOR AREA
RATIO(FAR): WINDOW AND DOOR SCHEDULES
05.24.2013
PROGRESS SET
05.30.2013
HPC SUSMITTAL
507 W.GILLESPIE STREET
ASPEN,CO 81611
Revision:
ABBREVIATIONS
SYMBOL LEGEND MATERIAL INDICATIONS
INCL. InGude(ing) PERF. P. rated T.O.H. Top of Beam EARTH WORK
A13V. Above I.D- Inside Diameter PERIM. Perimeter T.P.H. Toilet Paper ( } REVISION REFERENCE �
A.D. Area Drain PLAS. Plaster Holder
INSUL. Insulalion NAME
P.LAM. Plastic Laminate TOL. Tolerance
A F,F. AdditlaIt IN. Inches) PL Plate T&OG Tongue And Groove STONE/GRAVEL I POROUS
A.F.F. Above fnished Floor IN7. Interior PLVWD Plywood
TO.C. Top Of Column 0 ROOM NAME&NUMBER.
ARCH. Architectural) NV. Invert ediete PT. Point Top Of Concrete /� FILL
ASPH. Asphalt PVC Polyvinyl Chloride Top Of Curb ( 3 ) MASONRY
PWDR. Powder T.O.F. Top Of Foaling Y
BET. Between JT.. Joint PLF Pounds Par Lineal Feat T.O.L. Top Of Ledge COLUMN GRID
PSF Pounds Per Square Foot T_O.J. Top Of Joist
BLDG. Building . A
g JS7 Joist PSI Pounds Per Square Inch O.S. Top Of Slab FIREBRICK
BM. Bottom P.C.CONIC. Precast Concrete Top 01 Steel
B.O.W. Bottom of Wall KIT. Kitchen P.P. Power Pole T.O.W. Top Of Wall
BIRD. Bearing K O. Knock Out PREFAB. Prefabricated T.B. Towel Bar
INTERIOR ELEVATIONS ® BRICK
PREFIN. Prefinished TR. Tread
TYP. TYPicel
CPT. Carpet LBL. Label T.O.M. Top of Masonry O WINDOW NUMBER ®i,/,
C.B. Catch Basin LAB Laboratory Q.T. Quarry Tile T.O.P. Tap of Parapet STONE
C.J. Control Joint LAM. Laminate(d) T.O.PL. Top of Plate
CL Centedire LAV. Lavatory DOOR NUMBER
C Clear -G. Length (R) Remove CONCRETE MASONRY UNIT
L H. Left Hand RAD. Radius/Radiard U.B.C. Uniform Building Cade
C.M.U. Concrete Masonry Unit LT. Light REF, Reference/Refer To U C Undercut
CIO Cleanoul LT WT. Light Weight RFL. Reflect(ed)(Iva)(or) UNFIN. Unfinished CAST IN PLACE 8 PRECAST
COL. Column LTL. Lintel REFR. ReMge stor U N 0. Unless No �� NORTH ARROW CONCRETE
CONC. Concrete L.L. Live Load RE: Reference Otherwise i,\NORTH
L.PT. Low Paint REG. Register U.L. Underwriters O
CTR. Center REINF. Reinforce(ad) Laboratories,Inc. GROUT/MORTAR
RET. Retain(eng) Ll Unit Paver ro.xxx
d Demolition M.H. Manhole REV. Ravi.()(ad)(ion) �_xipc:ooc ELEVATION MARKER 507 GILLESPIE
DAMP. DampprooAn MFR. Manufacture(er) REO'D. Required `r SAND
g MA$. Masonry R.A. Return Air V.R. Vapor Retarder
DEP. Depress(ed) M O. Masonry Opening R.C.P. Reflected Calling Plan VAR Vanes/Variable GLAZING I GLASS
DIMN(S). Dimension(s) MAIL. Material RD Roaf Draln VERT. Vertical
R.F.I. Request For Information GRASS
DS. Downspout MAX. Meximum V.G. Verify I Fielld
DTL. Derail MECH. Mechanical R.F.P. Request For Proposal V.I.F. Verify In Field CEILING HEIGHT
DwG. Drawing ME0 Medium R H. Right Hand(ed) V.C.T Vinyl Composition Tile 507 W.GILLESPIE STREET
M.BR. Mestar Bedroom R.O.W. Right Of Way ALUMINUM
MEMB. Membrane RSFL Riser ^ ASPEN,CO 81611
E. East MTL. Metal RM. Room W. 'West.Wlde or WW �-�� WALL CONSTRUCTION TYPE
(E)a Existing M Meter R.O. Rough Opening WSCT. Wainscot KEV
MM Millimeter R.S. Rough Sawn W.C. Water Closet STEEL
E.J. Expansion Joint R.V. Radon Vem „W p waterproof / BUILDING SECTION CUT KEY
EL Elevation MIN. Minimum ^9 \J
MISC. Miscellaneous W.W.F. Welded Wire Fabric
ELEC. Eleetrical MOD.
Modular S South W.WM. Welded Wine Mesh p PLYWOOD
ELEV. Elevator MT, Moulding Widt / �Moun SCHED. Schedule Width 1 Wide
`�-- WALL SECTION CUT KEY
EMER. Emergency MTp Mounted SECT. Section yypyy. Window FINISH CARPENTRY
EN I. End— MULL. Mullion SH7H'G. Sheathing W/ With
EX. Existing M.W. Monitonng Well SHT. Sheet EXTERIOR ELEVATION
EXC. Excavate SIM. Similar SYMBOL
S.D. Smoke Detector I try/0 Without BAIT/BLANKET I LOOSE FILL
INSULATION
EXT. Extenor Wk Not Applicable Storm Drain(site)/ WO Wood
NAT. Natural Schematic Design W PT working Paint
F.D. Floor Drain N.R. Noise Reduction S.C. Solid Core DETAILS RIGID INSULATION
F.E.C. Fire Edirguisher Cabinet N.R.C. Not-Rreduction S.T.C. Sound Transmission
F.F.E. Finished Floor Elevation �R'cre^I Coefticlerl YD. Yard
NOM. Nominal South
F.H. Fire Hydrant N North SPKR. Speaker I I FIBER BOARD
FIN. Flnlsh(ed) NFPA National Fire SPEC. Specification(s) SYMBOLS USED AS ` _ J PROJECT NO:
F Flow line Pmtecdon Association SO. Square ABBREVIATIONS: PWG FILE:
FL Floor N.I.C. Not In Contract ST.STL. Stainless Steel GYPSUM DWG FILE:
N.T.S. Not To Scale STD. Standard * angle T.O.XXXX SPOT ELEVATION SYMBOL P2013.03_A0.1.d"
FLASH. Flashing STA. Station .rC centerline .� ,
FND. Foundation STL. Steel C channel k-'
F.O.C. Face of Concrete O.C. On Center STOR. Storage 1 it perpendialar SHEET TITLE
F.O.F. Face of Finish OFD. Overflow Drain STN. Stone
F.O.S. Face of Studs OPNG, Opening STRUCT. Structure I st icturel PL plate GENERAL
OPP. Opposfte SUSP, Suspended LQ diameter
FT. Fool or Feet OPP.H, Opposite Hand SYM. Symmetrical L angle INFORMATION
OPP.S. Opposais Surface SVS. System NUMERICAL SYMBOLS USED AS SHEET
T FTC. Footing O D Outside Diameter S.F. Square Feel ABBREVIATIONS:
GA. Gauge O.A Uverell
SIM. Similar
O.H. Overhead S O.G. Slab On Grade 1st first SCALE:
• G.C. General COnlrector 2nd second
DR. Grade TEL. Telephone icy third
GWB Gypsum wall board P Property Line T V. Television dm fourth A
PTO. Painted THK. Thick(new) SM fifth • a0
PNL Panel THR. Threshold
• H.PT. High Point PAR. Parallel T.B.D. To Be Determined 6th
HC. Handicap(Ped) Pit Parking T.P.D. Toilet Paper 7th events
zantal Dispenaer 8th eighth
HR. Hon
HORIZ. Hour
1 H W.H. Hot Water Heater
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f�
de
IMPROVEMENT SURVEY PLAT
p G1T�LF LOT B
F Y 65'R.O.W.
GILLESPIE HISTORIC PARTNERS, LLC
Or PA YEMENI LOT LINE ADJUSTMENT PLAT
ROCK IYAV.
Cl TY OF A SPEN, COON TY OF Pl TKIN, S TA TE OF COLORADO
LEGEND AND NOTES
O /NDICA TES F0UN0 MONUMENT AS DESCRIBED
y •n 43 M ,r CA IF OF SURGEON` D£IEMBER 4, 2012
I t 8•x c § r aL{ ., N; UNIT or MEASUREMENT.• US SURY£Y FOOT
M h 1/
rounro Na 5 / — c£cnL DESCRiPnaN•
am
s ..
/ucrMWc RED C a s (2) LOT B,
�� l/ _ GYLL£SPIE HISTORIC PARTNERS LLC LOT LINE AD,R/STMENT PLAT,RECORDED MARCH 29,2011/N PLAT BOGY(96 AT PAGE 6Q
T N9O E 36.49' - - - -
.( raam Na 5
RE7fAR� zLOw CITY OF ASPEN&PIWW COUNTY ZONING` R-6
PUSI?C C4P
MARIRD LS 16119 -FL000 ZQVE DESYQVARON. ZONE X AREAS DETERMINED 70 BE OU751DE OF 500 YEAR FLOODPLN/N'PER FEMA FLOW
INSURANCE RA 7E MAP PANEL 207 OF J2S MAP/D 08097CO2030
NCINl7Y MAP BEARINGS ARE BASED UPON FOUND N0.5 REBARS&ILLEGYBL£RED PLAS77C CAPS ALONG THE MfSTERN BOUNDARY OF SAID
PARCEL„ USING A BEARING OF NOO'0000T BEINEEN THE TW DESCRIBED MONUMENTS AS SHONN HEREON.SCALE: 1=2000' 1H/S SURREY DQE3'NOT REPRESENT A 717L£SEARCH BY 7H/S SURFf'YAV 70 DE7ERM/N£ONN[RSFIIP QP 10 O/SCO EASEMENTS OR OTHER ENCUMBRANCES OF RECORD.ALL INFCRMA770V PERTAINING To ONNERWP,EASEMLN75 OR OTHER
ENCUMBRANCES OF RECORD HAS BEEN FAKEN FROM 117LE INSURANCE CONM17ULN75 ISSUED BY PI7K/N COUNTY 117L&INC,DATED
D7EC77Y£NOIEMSER 28,2012 AS CASE Na PC723649W.
DITCH EA,SEYENT
REC Na 5W141 I I I
THIS PROPERTY IS STJB.ECT 70 THE FOLLONING EXCEPTIONS PER SAID P7!£CAVM177WEN
I I I' ro 7.RIGHT O�THE PROPRIETOR OF A WN CY2 LODE 70 EXTRACT OR REMOTE HIS ORE 7HLREFROM, -SHOULD 7HE SAME BE FOUND
TCO PENL:7RA7E OR lN7LRSECT THE PR[]E/SES HEREBY GRANTED AS RESERP D IN UN17ED STA7ES PA7ENT RECORDED AINE d 7888
I' IN BOOK 55 AT PAGE 2 (MAY AFFECT suB.ECT PARCEL Bur CANNOT BE GRAPH/GOLLY DEY/C7ED.)
N
LOT B & IERMS CON/DI77OVS PRONgOVS 08LIG4 77ONS AND ALL MATTERS AS SET FORTH IN ORDINANCE NO 20.SERIES OF 2001 BY
GILLESP/E HIS70RIC
LOT AS-DV CITY COUNCE RECORDED AUGUST 1J, 2001 AS REGO 770V NQ 457449 (AFF£cTS SUB.ECT PARCEL,BUT CANNOT[7E
OLLE9°/E NISRIR/C I PAR7NLF$ LLC
PARTNERS LLC LOT I Lor LINE GRAPHICALLY OEPlC1ID.)
uNEAD.VSTMENr PU r, Ii ADA157MENT PLA T,
_PUT BOOK AT PA6L l i 5,086 S0. FT t
PLAT BOOK 96 Ar 9. TERMS CONDITIONS PRONgOVS AND OBL/GA77ONS AS SET FOR /N dTY O'ASPEN DITCH REZOCA77OV AND EASE1/ENT
_ AGREEMENT RECORDED AUGUST 14 20'01 AS RECEPTION NO 45747.1 (AFFECTS SuB.ECr PARCEL,BUT CANNOT BE GRAPHICA[LY
PAGE"60.
O[PlC7ID.)
f0. TERMS CONDITIONS PRONgOVS AND OBLIGATIONS AS SET FORTH IN SUBDIKSION EJ�MP7IL:W AAREL7MM[N4FOA THE BECK
HISTORIC SUBDIl4gON AND HISICRIC LANDMARK LOr.SPLIT RECORDED AUGUST 1,L 2001 AS RECEPTION Na 457474. (AFFEC75
SUS.ECT PARCEL Bur CANNOT BE GRAPH ICALLY DEPICTED.)
S3'NEST YARD SE78ACK 1f.EASEMENTS R/GYV75 OF WAY AND ALL MATTERS AS DISOLOLSED ON LA O`SUB.ECr PROPERTY RECORDED A41GUST 14 2001
REC AO.50Or4 I IN PLAT BOOK 58 AT PAGE 40 AND RECORDED MARCH 29 2011 IN PLAT BOOK 96 AT PAGE 60 (AFFECTS SUB,ECT PARCa AS
Ilu GAS w SHOW HEREON.)
g VAL t£�4 I _ _
- - 12 TERMS CONDI7IONS PRONgOVS OIBL/GA77ONS AND ALL MA TIERS AS SET FORTH IN RESOLUTION OF THE ASPEN PLANK/20
g 3 AND ZONING CCUM/SSION RECORDED DECE7/BER 14 2(701 AS RECEP7/DIV NO 461617 AS RESYXUIION NO. 1-19, SERIES A`'2001
2 $ AND RESOLU77aIs�THE ASPEN HISTORIC PRESERVAAON CQMM/SSION RECORDED FEBRUARY LL 2102 AS RECOP11GW Na 46J767
AS RESQW710N Na 34, SERIES OF 2001 AND RECORDED OCTOBER 24,2002 AS RECE'PPOV NO. 47JB90 AS RESOLUTION NO.2S
g
.SERIES OF 2001. (AFFEC75 suB.ECr PARCEL BUT CANNOT BE GRAPHICALLY DEPICTED.)
13 TERMS CONDITIONS,PRONgOVS AND OHLIGA PONS AS SET FORTH IN EASEMENT FOR THE g AWNSQV DITCH RECORDED VLY
I I 28,2004 AS RECEPTION NO. 500141. (AFFECTS SUB.ECT PARCEL.AS SHONN HEREON)
h
u� 14. TERMS ClWDI77OVS PROWSIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT REGARDING SETBAGYS RECORDED uVLY 2$
2004 AS RECEPTION Na 500145 (AFFEC7S SUB.ECT PARCEL AS SHOW HEREOV.)
UNDE7✓LROY/ND Na 57e EASL]/ENT y�
REG Q 379719
15 TERMS CONDITIONS PRONgAVS AND OBL/GATIOVS AS SET FU1P7H IN RESOLUTIONS A�INE Ag'E/✓H/S7gR1C PR£SL�R✓A11AN
3 COMM/SgON RECORDED APRIL 27 2007 AS RECEP77ON NO. 577081 AS RESOLU77OV NO 1Q SEPoES OF 2007 AND RECORDED
g OCTOBER 11,2007 AS RECEP77AV NO. 542977 AS RESOLUTION Na A SERIES OF 2007• (AFFECTS SUB.ECT PARCEL,BUT
CANNOT BE GRAPH ICALLY DMCIED.)
S 201 f AS
cavC t� y 16. 7ERMS OYXVD/TIOW$PRONgONS AND OBUGA77ONS AS SET FORTH IN GRANT OF EASEMENT RECORDED MORON 29,
PAD RECEPTION NO. 578719(AFFECTS SUB.ECT PARCEL AS SHOW HERE'CiV.)
I I
1
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Fd NO Na 5
& aIRYEYAY'c L'ERTIF7GA7E
- - - N-:j.-1O- [s P 1, .EFFREY ALLEN 7UTIL&BONG A PROFESSIONAL LAND SURY£YOR IN THE STATE OF COLORADO 00 HEREBY
fOLAK'Na 5 W 7I2EPHLWE JIJ?
RfHAR s vE/7ESTA` 3aY w.a CERTIFY)D PIIX/N COUNTY TI7LL/NC RANCY/O TRIO HOLDINGS LLC A COLORADO UM/TED UALT/LITY COMPANY,
ILLE.Qmr Rm mri � lZ THAT IN/S/MPROYEMDVT SURLY WAS PREPARED FROM AN ACTUAL MOWUM[N7ID LAND SY/RYEY OF THE PROPERTY
PLAS77C CAP CORNER MLWUMLN7S B07H fOUND AND SET UNDER MY DIRECT SUPERMgLW AND LYVELYONC`., THAT/T IS CORRECT
_ _ TO THE[#5T O�MY(#LEE AND KNONEEDGE AND THAT A[1 D/MOVgOV$B07H UN[iAR AND ANfXHN HERE
ALL3Y BZOO'd 88 - _ DE7ERM/NED BY AN ACCURATE CONTROL SY/RY£Y/N 71/£f/EZD NH/LN BALANCED ANO tXOSED N17H/N A THE O�f
ADPny6Vj M'S — /N 1.$000(NH/CN CQVPU[S NI7H COLORADO PRQKES.SIOWAL STANDARDS FOR A LAND SURY£Y PLAT AND THE
LINE TA (15'R µ.) CURR[JVT ACp/RACY STANDARDS FDIC ALTO/AGSM LAND TIT!£SURb£YS):/FURTHER CERTIFY THAT THE
BLE 0.
LINE BEARING LENGTH /MPROYEMENTS AV 1HE ABOVE DESAR/[#D PARCEL AV THIS DAII; DECE71/EBER 6,2012 EXCEPT UTILITY C CHME IS
L 1 S 6674 0'E 4.4?' AR£ENTIRELY N17H/N THE BOUNOAR/ES O�THE PARCEL,LYLEPT AS SNONT; THAT THERE ARE NO INCYtOAONMENIS
I I N 69"45 58'W 4.31' UPON THE DESCR/BED PR£MlS£S BY/MPROY&VEN75 GW ANY AD.�LYN/NG PRE71//S£s IXCEPT AS INLNCA)ED,AND 7HAT
THERE IS NO APPARENT ENEENCE OR gGN OF ANY EASpMENT CROSSYNG OP BURDENING ANY PAR OF SAID PARCEL,
EXCEPT AS NOTED.
GRAPHIC SCALE
.EFFREY ALLEN WILE LS 33638 DA IF
(DI YQf)
1 hmh-10 e.
" TPTTlh' SIlRYhYING S�RYICh'S 507 W. GILLESPIE STREET IMPR0 VEMENT D--er 1w 1
DPb 12106112
r usu xno„ea,.c.ya..mw 727 Bloke Avenue SURVEY PLAT
ASPEN, CO 81611 1
Glenwood Springs, Colorado 81601
(970) 928-9708 (FAX 947-9007) OF
dSnai!-jolfbtas-w.00sn
y �l
address marker and vertical stone element
t w/Integrated mailbox,on stone paver,not to gillesple street r
" r exceed 42"in ht
edge of asphalt
�,-
J
(6)low-voltage path lights,see HADCO sod crushed gravel apron
fixture image at left perennial mass 12-18"tall w/metal edge
existing irrigation ditch m
F
„41
;�;,, sod stone bridge
f
- pavers w/4"pervious brick banding e
- � sand-set pavers w/sod Joints 8
sod lilac hedge row 42"tall a
lilac hedge row
t s
6'gate/fence sandblasted tile to match
pavers �� c
K
e• ,�• mud room patio/landing
shrubs
pervious brick paver —
sod $o
6'gate/fence
(D �
I �•l�'-� plantings m
} f custom frosted glass window
entry porch well cover,typ.
sand-set pavers in crushed
❑ gravel or ground-cover
El
--- ❑ proposed Aspen trees,single stem
El
I i
" • ,..:
ii IT I
shrubs
neighboring historic home "g ®® sand-set pervious brick pavers set in
i Y ® ground cover,informal circulation
e
0
s m
I ❑ proposed Aspen trees,multi-stem, o`
Ll centered on opening in fin wall I1 °
rectangular opening in fin wall, W
(� framing aspen tree trunks
' � v
raised herb/veggie/cutting
garden w/1.5'steppers
feature
water �
I I,i rn
— flowering sculptural decidious trees-Spring Snow Crabapple(fruitless) '/1 ;
—, poured architectural concrete planters y , v,
0
l
42"tali hedge w/perennial w/integrated lighting and wood seating on top
pavers wlpervious brick banding mass in front concrete bench w/gas fire strip and wood seating
paver w/pervious brick ------
banding - - al fresca dining terrace on pervious
(8)low-voltage path lights, brick paver surface
see HADCO fixture Image at
IeR flowering sculptural decidious trees-Spring Snow Crabapple(fruitless)
6'fence/3'wide swinging gate
f I poured brick paver band 1 flowering perennial massldt '- A I, •KK'� �6
(( sod
6'high wood fence w/gate landscape la
rolled top.18 gage aluminum
*; edging -03.29.2013 schemaric
6'wood gate/fence sand-blasted saw-cut concrete ., _
I� „ -01.25.2013 v"
d-05.29.2013 HPC
^� existing neighboring wood fence
i
- I ADU paver over plantings 1 i'Ij o>
scale:
torag r�� 1/8'=1'-0'
- •t neighboring ADU
north
I
HADCO stainless steel low-voltage path light
" sand-blasted saw-cut concrete ' :`
6'high wood fence w/gate 1
paver in plantings trench drain
alley 4ac- LS" 1 0
sand-blasted saw-cut concrete proposed fence detail throughout
r
EDGE OF PAVEMENT '
ROCK WALL existing 48"CAL.cottonwood to remain
!, existing 10"CAL.aspen to be removed
existing 38"CAL.cottonwood to be
removed
I � a"'
Eo
FOUND N0. 5
REBAR& —
ILLEGIBLE ----- - O11Ck� CUR -
RED PS(2)
N'9000"00"E 6.49
FOUND NO. 5
REBAR& YELLOW
PLAS77C CAP
j MARKED LS 76129
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—05.30.2013
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FOUND NO. 5
___ I REBAR&
ALUMINUM CAP
FOUND NO. 5 N 823270°W TELEPHONE MARKED LS
--,�6 B7' PEDESTAL 1 3731
REBAR& 3 87"WC.
ILLEGIBLE
RED EDGE OF GRAVEL
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507 gillespie
507 west gillespie street I aspen,colorado
e l e m e n t s
319 aspen airport business center unit j 1 aspen,colorado 81611
p 1 970.309.3302 f 1 970.544.4856
www elementsoutdoorspaces.com
rowland+ broughton
architecture and urban design
234 e.hopil ava. 3377 Blake 9,106
aspen,-81611 denver,m 80205
970.5W.9008 v 303 308.1373 v
970.544.34731 303.308.1375 t
Issas:
—
----————————————————————————— CONCEPTUAL——, ____ ___——_———————————. CONCEPTUAL REVIEW
1 1
03.13.2013
ARBOR
I I I RBORIST REVIEW
1 1 y 03.252013
CONSULTANT BACKGROUNDS
04.03.2013
3 Hl AMENDMENT
F
04.10.2013
FF y// d WINDOW AND DOUR SCHEDULES
I -t ��' ,� a 0524.2013
Ar
PROGRESS sET
05.30.2013
\ _ HPC SUBMITTAL
II
y \
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507 GILLESPIE
eE�,�.e ease
IN
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IASPEN,CO 81611
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PROJECT NO
P2013.03
DWG FILE:
P2013.03_A1.1.dwg
SHEET TITLE
PROPOSED
t
ARCHITECT RE
SITE PLAN
EQUALS
6 SURVEY 7888'
!¢i
PLAN TRUE SCALE:118"=1'-0"
PROPOSED NORTH N®
A1
ait 1 SITE PLAN
.1 SCALE: Vs-V-0' Al
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ff
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rowland+Broughton
�c architecture and urban design
a
234 a hopki16 eve. 3Is bloke 8 106
1 $ { aspen co 61611 denver3o 373
41`- 970.9]0.544.9008v 303.308.13]3v
544.3173 f 303.308.1375 f
R l / r h Issue
if gaIs ' �� •�"'� / 01.26.2013
CONCEPTUAL REVIEW
03.13.2013
l 1Y) 'x �' •' 3 ARBORIST REVIEW
a rx a - 03.25.2013
u 4'-103/16_ I� ` ', � �M 3T-70' _ 't}I"' "a� 1'4` 1'-0316' CONSULTANT BACKGROUNDS
y' �"� l y, 04.032013
y a
6T �� g N HPC AMENDMENT
ax"r"3 5 F C WINDOW AND DOOR SCHEDULES
05.24.2013
�' >,� '� �• ,. I 9 _ s ,ry PROGRESS SET
' a ✓r r i s 05.30.2013
I
HPC SUBMITTAL
I
• PROPERTY LINE 7
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IIII ASPEN,CO 81611
PROJECT NO:
P2013.03
DWG FILE:
P2013.03_A2.0.dw9
SHEET TITLE
PROPOSED
r BASEMENT
q FLOOR PLAN
SCALE:3N6'=1'-0'
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aspen,m 81611 danvst co W205
9]0.644.9008 v 303.308.1373 v
�Y 970 544 34]3 f
303. 1375 f
I
Issue
UP
01.262013
y,Y�E \ _/� �� { CONCEPTUAL REVIEW
�✓ si' I §''-
g I I Q I '\ • \ 9 HARBOR SO 1
T REVIEW
03.25.2013
CONSULTANT BACKGRO
1-0 UNDS
` YY 3r-10- - 3/8
4'-103/18'
-
\ � 04 03 2013
�W f HPC AMENDMENT
3 �'�' .�. "' I / 04.10 2013
WINDOW AND DOOR SCHEDULES
Reg I II � � i\ a ,Law 05.242013
xd I \ /�:,°Cq/ 3� 1 .. PROGRESS SET
A �� 05.30.2013
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I
PROJECT NO:
P2013.03
DWG FILE:
P2013.03 A21 Ewg
SHEET TITLE
PROPOSED
r LEVEL ONE
FLOOR PLAN
SCALE:3/16"=1'-0"
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_ rowland+Broughton
/ architecture and urban design
`R 234 e.b.Pkine ave. 3377 blake gt,109
y " aspen m 81611 denve�,W 80206
.N 970.514 0008 v 303.308.1373 v
e• - , /q, 4 p 970.544,34731 303.308.13761
3 a as9e:
01.26 2013
//�/,s CONCEPTUAL REVIEW
`•� � „ ' %' `,` _., _, uf °'. gyp; ; y. 03.13.2013
03.25. REVIEW
0
213
CONSULTANT CONSULTANT BACKGROUNDS
1
1'7 -
4'.103/16' —�
0
37'-10' E
- 04.10.2013
WINDOW AND DOOR SCHEDULES
�i4 �. - 05.24.2013
- OS 30 2013
x
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ILLESPIE
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PROJECT NO:
P2013.03
OWG FILE'
P201103
SHEET TITLE
PROPOSED
LEVEL TWO
FLOOR PLAN
SCALE:3116'=1'-0'
PLAN TRUE
PROPOSED NORTH NORTH
1 LEVEL TWO FLOOR PLAN ® ® A2.2
2 SCALE: 3118'=1'-0'
�6
�1
rowland+broughton
architecture and urban design
234 e.MpM — 33T7 bloke Y,IN
ON m 61611 denier,w W205
970.5".9008 v 303.306.1373 v
970.5".3473 f 303.306.1375 f
le9ue:
01.26.2013
1 CONCEPTUAL REVIEW
1 2 3 8' 4 ' ' S 6 7 -.8 03.13.2013
`/ ARBORIST REVIEW
26'$ 4T-0` - 03.25.2013
8-103,18' 2Z. 4'-2' 3r-10' tO+i'' :II`-0' 12'$ �4'$ --V-03/8' CONSULTAM BACKGROUNDS
04.03.2013
S
HPC AMENDMENT
04.10.2013
WINDOW AND DOOR SCHEDULES
05.24.2013
PROGRESS SET
05.30.2013
HPC SUBMITTAL
ReN6pn:
DOWNSPOUT
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ASPEN,CO 81611
PROJECT NO:
P2013.03
DWG FILE:
P2013M A2.3.dn
SHEET TITLE
PROPOSED
a ROOF PLAN
. a
SCALE:3/16'=1'-0'
PLAN TRUE
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NORTH
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rowland+broughton
architecture and urban design
234 e.nopklns ave. 33n ble8e el,106
eapen,m 81611 stow,.60206
970 514 goo'v 303908.1373 v
970.51434731 303.306.1376 I
Issue:
01.26.2013
CONCEPTUAL REVIEW
03.13.2013
ARBORIST REVIEW
03.25.2013
1 2 3 4 „as 5 6 7 6 CONSULTANT BACKGROUNDS
26'-2' 3r-10' 43'-0' 04.03.2013
HPC AMENDMENT
27-0' 4'-2" 16'x' 9'-9' 123 4'3
04.10.2013
WINDOW AND DOOR SCHEDULES
05.24.2013
PROGRESS SET
05.30.2013
7 y Tj HPC SUBMITTAL
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0
i m MECHANICAL x a
CHASE o rc
Z O Revision:
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EQUALS 507 GILLESPIE
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I m 8'TALL F NCE b
All OVER WI DOW WELL TE
507 W.,GO81 11 STREET
_ _ ASPEN C081611
I I I I I I I I I I
I I I I I I I I I I I
PROJECT NO:
PROPOSED P2013.03
EAST ELEVATION DWG FILE:
1 A4,1 C� SCALE: 3n8'=1'-0' P2013.03_M.1.Ovp
SHEET TITLE
PROPOSED
r EAST
ELEVATIONS
SCALE:3116"=1'-0"
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rowland+broughton
architecture and urban design
231 e,hood m— 3377 bAk V.108
esPan,m$1611 Eenver.m 80205
9705!4.9006 v 301308.1373 v
970.544.3473 f 303.308.1375 f
I.NN:
01.26.2013
CONCEPTUAL REVIEW
03.13.2013
ARBORIST REVIEW
F D B A E C q 03.25.2013
CONSULTANT BACKGROUNDS
30'.1• 26'-1 04.03.2013
HPC AMENDMENT
3'-10' 10'-0' 15-10' Y-2 24'-0'
04.10.2013
WINDOW AND DOOR SCHEDULES
05.24.2013
PROGRESS SET
05.30.2013
II Z 7 J J Iz HPC SUBMITTAL
=
7
$I I I I I I I I$ I I I I I I I$
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IN FOR CLARITY
- ----- ---- ----------- --- -. - 1 - _ - - --------- - --1 - T
-- ARCH� 507 GILLESPIE
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507 W.GILLESPIE STREET
T o coNC ASPEN,CO 81611
I i t I i I I I I I I I I I I
PROJECT NO:
PROPOSED PROPOSED P2013.03
1 NORTH ELEVATION 2 NORTH ELEVATION DWG FILE:
A4.2 SCALE: qQ,2 SCALE: 3118'=1'4)- P2013.03_AA.1.d"
SHEET TITLE
PROPOSED
T NORTH
` e ELEVATIONS
f SCALE:3116'=1'-O'
A4.2
;i�
rowland+broughton
architecture and urban design
230 s.boW,s sm. 3377 blake sl.106
aspen,m 61611 d.."'-60205
970.544.9006, 303.306.1373,
970.504.34731 303.308.1375/
Issue:
01.26.2013
CONCEPTUAL REVIEW
03.13.2013
7 6 2 O 03.25. 0 REVIEW
03.25.2013
CONSULTANT BACKGROUNDS
43'1 _ 26•-2' ! 04.03.2013
166' 3T-10' 4'-Y 22'-0' --- HPC AMENDMENT
04.10.2013
j ! WINDOW AND DOOR SCHEDULES
05,24.2013
PROGRESSSET
05.30.2013
= ! _
I Z HPC SUBMITTAL
p �
I
ri w o
a, a
oI
F
Z �. ! ur y Revision:
MECHANICAL
A T.O.RIDGE CHASE
_—� - EL 127'.91Y18' _— — _. __.__—_ — _ — -._ _ — — __ _.......-__— — _ — — ___. _ — 10.RIOG�E 1 P I
EL 1 -9 III P
METAL ROO� I
METAL FASCIAI r
I
I
II
EL 1019.1 1�
WOOD SIDING _.. GLASS RAILING METAL ROOF , \ S
II �
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31 r; FLJ
T.O.RvWD. METAL FASC \ fl, METAL FASCIA METAL FASCIA
COVERED TERRACE GARAGE ENTRY
T.O.PLVND.
GATE AND FENCE -- - METAL SIDING
{0 STEEL COLUMN,PTD. WpOD FENCE A m
— Auer
8/ BEYOND
c GILLESPIE STREET T - --� ® IIII 7�, y1m BIKE STORAGE AREA ERED _ NCE WITH GATE
RACE _T RAISED CONCRETE PLANTER — —�'� __—�... 1 ro 1-2 A
-—
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L 100'-0'
ARCHITECTURE 100'-0'
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4� II ��
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of
507 W.GILLESPIE STREET
I
— _- — �— — —— ------ — ----- — T..CO
—'�- ASPEN CO 81611
II
II
� 11 II
PROJECT NO:
PROPOSED P2013.03
1 WEST ELEVATION
DWG FILE:
A4.3 SCALE. 3/16'=1'-0' P201103_A4.1 dwg
SHEET TITLE
r PROPOSED
WEST
ELEVATIONS
SCALE:3 116'=1'-O"
' A4.3
rowland+ broughton
architecture and urban design
234 e,hppklna ava. 3377 Nake s(106
aspen,m 81611 tlenver,w W205
970.544.9006 v 303.308.1373 v
970.544.3473f 303 308.1375 1
Issue:
01.26.2013
CONCEPTUAL REVIEW
03.13.2013
ARBORIST REVIEW
03.25.2013
CONSULTANT CONSULTANT BACKGROUNDS
26-2• 30'A' 6 _ 04.03.2013
24'-0• 4'-2• 48'83/4' 15-10 I� 108 1 T-10' HPC AMENDMENT
_--- -- -- I' ---- 04.10.2013
j WINDOW AND DOOR SCHEDULES
05.24.2013
PROGRESS SET
05.30.2013
it it '., J IZ it li I! I j li HPC SUBMITTAL zi J
Y<Q YI Y
'O O. y y 'a
a r a al I
Revision:
Ik-
o
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REF.CHIMNEY-
A7
k -
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m METAL FASCIA - METAL FLASHING CAP
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�.
RAILING AT-
METAL ROOF 8 x '� MASTER DECK.TBD. III O a
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METAL FASCI --- AOU ENTRY I I
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EXISTING GRADE :I
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- _---- I---
_-„ T.o.PLVwo.
T - - - - -- -- -----
----------_.__--_____-__-_-
100'SURVEY=100'ARCH ARCHITECTURE 1D0'8-
E°UALS 507 GILLESPIE
SU RVEV 7888'
II _WI
I
I I I
I
I
I 507 W.GILLESPIE STREET
I
I
_ I
T.O.CONC.
4 I-.�------------- -- - - -�- -- �--- ASPEN.CO 81611
I � ,
I I I I I
I III I I II I I I
I I I II I I I I I
PROJECT NO
PROPOSED PROPOSED P2013.03
1 SOUTH ELEVATION 2 SOUTH ELEVATION DWG FILE:
A4.4
SCALE: 3/16•=V-l' AQ,Q SCALE: 3/16•=1'8• P2013.03_PA.1.Mg
SHEET TITLE
PROPOSED
t SOUTH
' ELEVATIONS
"+ SCALE:3/16"=1'-0'
A4.4
f{
:r
EXHIBIT
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060
(E), ASPEN LAND USE COD
ADDRESS OF PROPERTY:
.507 W. Ct i llesalk Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
12 20/.3
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Asp , Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice.; By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen(15) days prior to the public hearing
and was continuously visible from the_day of , 20 , to
and including the date and time of the public hearing. A photograph of the posted
n.oiice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred(3 00) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the 001ners andgoverntnental agencies so noticed is attached hereto.
(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However,the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this 23 day
ofGt,t4 , 20 ', by
o�jai. NOTICE
RE 507 W.GILLESPIE STREET-SUBSTAN-
TI L AMENDMENT TO CERTIFICATE OF AP-
P OPRIATENESS FOR MAJOR DEVELOPMENT WITNESS MY HAND AND OFFICIAL SEAL
J
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Wednesday,June 12,2013,at a
meeting to begin at 5:00 p.m.before the Aspen 1
Historic Preservation Commission,in Council
Chambers,City Hall,130 ScGalena St_Asp by My commission expires: � 4 ��-
HPC will consider an app r
O4wners John Rowland and Sarah Broughton,234 �.
E.Hopkins Ave.,Aspen,CO 81611. The appli-
cant requests a Substantial Amendment to a Car-
tificate of Appropriateness for Major Development V 1
granted in 2007 to develop the vacant lot with a Notary Public
new residence and Accessory Dwelling Unit. A 1V U
west side yard setback of 18'is is legally roof over a patio. The property y
as Lot B of the Beck Historic Subdivision,City and
Townsite of Aspen,PID#2735-121.11-007.For
further information,contact Sara Adams at the City
of Aspen Community Development Department,
130 S.Galena St.,Aspen,CO,(970)429-2778,sa-
ra.adams D atyof aspen.com.
s/Jamie Brewster McLeod
Vice-Chair,Aspen Historic Preservation Commis-
sion ATTACHIVIENTS AS APPLICABLE:
Published in the Aspen Times Weekly on May 23, U$LICATION
2013.[91998951_ __ _ _ __ i
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
• APPLICANT CERTICICATION OF NUNERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
PUBLIC NOTICE
RE: 507 W. GILLESPIE STREET- SUBSTANTIAL AMENDMENT TO CERTIFICATE
OF APPROPRIATENESS FOR MAJOR DEVELOPMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, June 12, 2013,
at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, in Council
Chambers, City Hall, 130 S. Galena St., Aspen. HPC will consider an application submitted by
owners John Rowland and Sarah Broughton, 234 E. Hopkins Ave., Aspen, CO 81611. The
applicant requests a Substantial Amendment to a Certificate of Appropriateness for Major
Development granted in 2007 to develop the vacant lot with a new residence and Accessory
Dwelling Unit. A west side yard setback of 18" is requested for a roof over a patio. The property is
legally described as Lot B of the Beck Historic Subdivision, City and Townsite of Aspen, PID #
2735-121-11-007. For further information, contact Sara Adams at the City of Aspen Community
Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2778,
sara.adams@cityofaspen.com.
s/Jamie Brewster McLeod
Vice-Chair,Aspen Historic Preservation Commission
Published in the Aspen Times on May 20, 2013
-----------------------------------------------------------------
-----------------------------------------------------------------
City of Aspen Account
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
567 ! j I WP'12rl pe , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
IZ J(fNt ,201?
STATE OF COLORADO )
) ss.
County of Pitkiin ) ff
I, , w4 O,I VIN P 4 S "P-0 N (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
A- Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the25 day of PA , 20�, to and including the date and time
of the public hearing. A pho ograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
A�eA--
Signature
The foregoing "Affidavit of Notice" was acknowled ed before me this 1 day
of , 20 11, by�byl
WITNESS MY HAND AND OFFICIAL SEAL
ALYSON CECILIA GISH My co mis 'on expires: 4 -+
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 0 20134013661
MY COMMISSION EXPIRES APRIL 17 2017
N o tar<P ublic
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
9 APPLICANT CERTIFICATION OF MINE1t1L ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. X24-65.5-103.3
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515 GILLESPIE LLC 600 NORTH STREET LLC 603 NORTH LLC
PO BOX 10129 1427 CLARKVIEW ROAD#500 PO BOX 8769
ASPEN, CO 81612 BALTIMORE, MD 21209 ASPEN,CO 81612
AMERY SALADIN ASPEN FAMILY INVESTMENTS LLC ASPEN INSTITUTE INC
619 N FOURTH ST 8404 VISTA LN 1000 N THIRD ST
ASPEN,CO 81611 PRESCOTT,AZ 86305 ASPEN, CO 81611
CHRIST EPISCOPAL CHURCH COLLINS CHARLES&JANICE S DURAND LOYAL III DR&BERNICE
536 W NORTH ST 531 W GILLESPIE ST BLACK
ASPEN, CO 81611 ASPEN, CO 81611 415 PEARL CT
ASPEN,CO 816111256
EBRAHIMI FRANCESCA ELLIOTT ELYSE A TRUST FALENDER STEVEN& DEBRA
619 N FOURTH ST 610 NORTH ST 603 W GILLESPIE ST
ASPEN,CO 81611 ASPEN,CO 81611 ASPEN, CO 81611
FELDER RICHARD& DEBORAH LIV FRAZER WILLIAM R&JANE Z TRST GOLDSMITH JOHN& BARBARA L
TRUST 433 W GILLESPIE 733 25TH ST
11498 E CAROL WAY ASPEN, CO 81611 SANTA MONICA,CA 90402-3143
SCOTTSDALE,AZ 85259-2620
KOLBE EMILY E LEWIS ADAM J TRUST MONTENEGRO GRACE LLC
CIO HOOTENANNY LLC 500 S DIXIE HWY#201 444 MADISON AVE 4TH FL
205 S MILL ST#226 CORAL GABLES, FL 33146 NEW YORK, NY 10022
ASPEN, CO 81611
MUSIC ASSOCIATES OF ASPEN INC NITZE WILLIAM A NORTH 4TH STREET ASSOC
225 MUSIC SCHOOL RD 1537 28TH ST NW PO BOX 7943
ASPEN,CO 81611 WASHINGTON, DC 20007 ASPEN,CO 81612
ODOM JOHN A JR FAM TRUST 50% PETERSON JAMES D&HENSLEY R RICHARDS ANN K
ODOM LORRIE FURMAN QPRT 50% PO BOX 1714 1537 28TH ST NW
11490 W 38TH AVE ASPEN, CO 81612 WASHINGTON, DC 20007 .
WHEATRIDGE,CO 80033
SALTER JAMES SMALL ALBERT H JR STUNDA STEVEN R
500 NORTH ST 7311 ARROWOOD RD 602 N 4TH ST
ASPEN, CO 81611 BETHESDA, MD 20817 ASPEN,CO 81611-1212
UHLFELDER NAOMI VANDERAA GILBERT T III WEST NORTH ASPEN LLC
111 EMERSON ST#1841 C/O HOOTENANNY LLC 4049 PENNSYIVANIA AVE#400
DENVER, CO 802183792 205 S MILL ST#226 KANSAS CITY, MO 64111
ASPEN,CO 81611
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Sara Adams, Senior Planner
THRU: Amy Guthrie, Historic Preservation Officer
RE: 507 Gillespie Street- Substantial Amendment to Approved Development Order-
Public Hearing
DATE: June 12, 2013
SUMMARY: 507 Gillespie Street is a vacant lot, Lot B, that was the product of a historic
landmark lot split in 2003. The historic landmark is located on Lot A and is pictured below. In
2007, the property received a Certificate of Appropriateness for the development of a single
family residence and a detached garage with a subgrade ADU (HPC Resolutions #10 of 2007
and #35 of 2007). The vested rights were extended by City Council in 2010 for an additional 3
years via Resolution 88, Series of 2010. The vested rights are set to expire on September 9,
2013. Due to the vested rights, the project is subject to the Land Use Code in place when the
project was first submitted.
The property has changed hands and the new owners are interested in amending the Certificate
of Appropriateness by changing the roof forms, materials and architectural details. The overall
mass and site plan remain largely the same as the 2007 approval. The applicant proposes to
reduce the amount of floor area proposed for the site by about 500 square feet with the intention
to create 2 Transferrable Development Rights (TDRs). The applicant is also requesting a west
side yard setback variance for a roof overhang.
e'
Image 1:515 Gillespie St.The historic landmark prior to the Image 2:Map of subject property. Lot A is at left and Lot B
construction of a contemporary rear addition. is at right. The Music Tent parking lot is across the street.
1
Staff finds that the project meets the applicable HPC design guidelines and recommends
approval with conditions. Staff finds that the review criteria for a setback variance are not met
and recommends denial.
APPLICANT: John Rowland and Sarah Broughton, 1001 E. Cooper Ave., #8, Aspen Colorado.
PARCEL ID: 2735-121-I1-007
ADDRESS: 507 Gillespie St., Lot B of the Beck Historic Lot Split, City and Townsite of
Aspen, Colorado.
ZONING: R-6, Medium Density Residential.
MAJOR DEVELOPMENT- SUBSTANTIAL AMENDMENT
The HPC will review the application, the staff analysis report and the evidence presented at
the hearing to determine the project's conformance with the City of Aspen Historic
Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions
or continue the application to obtain additional information necessary to make a decision to
approve or deny.
The 2007 approved front elevation, designed by CCY, is shown below (left) compared to the
current proposal (right). Note: the drawings are not scaled. The applicant has provided the 2007
approved elevations and floor plans in the application for your review. The Staff memo only
addresses the areas where the project has changed. For example the subgrade ADU, which
received an ADU Design Standard variance for its location beneath the garage, is not subject to
this substantial amendment because it is not proposed to be changed.
ILI
Vt tv= MU A:' F
w
Image 3:2007 approved front elevation Image 4:Proposed front elevation
2
Site Plan/Landscape: The landscape for the 2007 project was a condition of approval that was
never finalized by the Staff and monitor. The applicant proposes a simple landscape in the front
yard with lilac bushes and a planter bed. There are some plantings proposed in the right of way
that are subject to approval by the Parks Department. The interior landscape, between the main
house and the garage, is not visible to the public which allows greater flexibility for a
contemporary landscape. A fire feature is proposed in the side yard setback of the interior
landscape. The feature is not allowed to exceed 30" above or below natural or finished grade
(whichever is more restrictive).
The Parks Department is not supportive of the proposed perennial bed in the right of way. Parks
will be planting new street trees after the existing Cottonwood dies, and the perennial bed will be
an obstruction.
The Si Johnson Ditch runs through the front yard and along the west property line and is
proposed to be maintained in accordance with Guideline 1.17. Any planting or construction (the
fence)within the ditch easement requires Utilities Department approval.
A wooden fence is proposed behind the front facade of the house. The horizontal wood slats are
compatible with the design of the residence and the historic context.
1.10 Preserve historic elements of the yard to provide an appropriate context for historic
structures.
❑ The front yard should be maintained in a traditional manner, with planting material and sod,
and not covered with paving, for example.
1.17 Maintain historic irrigation ditches as an integral component of the streetscape.
The character of an irrigation ditch should be maintained.
❑ It is inappropriate to use an irrigation ditch as a planting bed, or to fill it with another
material.
❑ Ditches cannot by culverted except where crossed by a walkway or driveway, and a culvert
must be approved by the Parks Department.
Height: The applicant proposes to reduce the height of the 2007 approval by about 1 ft. Staff
finds that this is an appropriate amendment that brings the new building within 4 ft. of the
historic landmark at 515 Gillespie and meets Guideline 11.4 below.
11.4 Design a front elevation to be similar in scale to the historic building.
❑ The primary plane of the front should not appear taller than the historic structure.
❑ The front should include a one-story element, such as a porch.
Roof Forms/ Massing: The applicant proposes to simplifies the roof forms. The cross gable is
removed from the front elevation and is replaced with a flat roof rectangular module that reduces
the height of the residence and simplifies the massing. Guideline 11.6 below states that flat roofs
should only be used in areas where it is appropriate. Staff finds that the flat roof is appropriate: it
is located on the opposite side of the lot away from the landmark, it is a secondary roof form
behind the more prominent street facing gable, and it provides a lower height for the building.
3
A flat roof front porch was originally approved in 2007, however the depth of the overhang has
changed. Staff recommends that the roof overhang of the front porch be reduced on the east
sides to better relate to the historic front porch at 515 and to better meet Guidelines 11.2 and
11.6.
The applicant proposes to simplify the roof forms by using a more traditional gable roof for the
garage/ADU.
11.2 In a residential context, clearly define the primary entrance to a new building by
using a front porch.
❑ The front porch should be "functional," in that it is used as a means of access to the entry.
❑ A new porch should be similar in size and shape to those seen traditionally.
❑ In some cases, the front door itself may be positioned perpendicular to the street;
nonetheless, the entry should still be clearly defined with a walkway and porch that orients to
the street.
11.5 Use building forms that are similar to those of the historic property.
❑ They should not overwhelm the original in scale.
11.6 Use roof forms that are similar to those seen traditionally in the block.
❑ Sloping roofs such as gable and hip roofs are appropriate for primary roof forms.
❑ Flat roofs should be used only in areas where it is appropriate to the context.
❑ On a residential structure, eave depths should be similar to those seen traditionally in the
context.
❑ Exotic building and roof forms that would detract from the visual continuity of the street are
discouraged. These include geodesic domes and A-frames.
Materials: The material palette has been reduced from the 2007 approval. Wood siding and a
metal roof are proposed, and metal accents and fascia are included throughout the fagade. Staff
finds that the proposed materials are compatible with the adjacent landmark and are consistent
with Guidelines 11.7 and 11.8 below. Staff would like more information on the material or color
of the vent ducts that are visible on the front elevation. The applicant is bringing material
samples to the meeting.
Solar panels are proposed for the east half of the gable of the main residence and the south
portion of the gable of the garage/ADU. In the past, new buildings on historic landmark lot split
lots have successfully implemented solar panels without distracting from the landmark or historic
context (for example, 202 and 204 N. Monarch formerly the Blue Vic). Staff is supportive of the
proposed solar panels, with the condition that they are flush with the roof pitch) and recommends
that Staff and Monitor review the configuration and number of panels.
The eave overhang requires an 18"east side yard setback variance that,unfortunately,was not included in the
application or the public notice.The applicant will need to reapply to HPC for a setback variance if desired. Staff's
comments are related to the design of the porch and its compatibility with the adjacent landmark and are not related
to the required variance.
4
11.7 Roof materials should appear similar in scale and texture to those used traditionally.
❑ Roof materials should have a matte, non-reflective finish.
11.8 Use building materials that contribute to a traditional sense of human scale.
❑ Materials that appear similar in scale and finish to those used historically on the site are
encouraged.
❑ Use of highly reflective materials is discouraged.
Fenestration/Architectural Details: The applicant proposes more traditional punched openings
on the front elevation. The front entry includes a transom above the front door which references
typical 19th century entries. A strong metal fascia detail is proposed throughout the residence and
the garage. Staff is supportive of this element as it adds interest to the clean and simple forms
and massing. A large metal clad chimney is proposed toward the middle of the property on the
east elevation, away from the historic landmark. Staff finds that Guideline 11.9 is met.
11.9 Use building components that are similar in size and shape to those of the historic
property.
❑ These include windows, doors and porches.
❑ Overall, details should be modest in character.
SETBACK VARIANCE:
The applicant requests a west sideyard setback variance of up to 18" for a roof to cover the side
walkway. Additional variances are needed for eave overhangs throughout the design,however,
they were not included in the public notice and therefore cannot be discussed by HPC at this
time. The applicant may decide to pursue these variances at which time new public notice and a
new hearing will be conducted by HPC.
The criteria for granting setback variances, per Section 26.415.110.13 of the Municipal Code are
as follows:
In granting a variance, the HPC must make a finding that such a variance:
a. Is similar to the pattern, features and character of the historic property or district;
and/or
b. Enhances or mitigates an adverse impact to the historic significance or architectural
character of the historic property, an adjoining designated historic property or historic
district.
Staff Response: Staff is not supportive of the requested setback variance. The property is a
vacant lot with ample opportunity to meet dimensional requirements, furthermore and the
covered walkway does not enhance the adjacent historic landmark and is not similar to the
character of the historic landmark. Staff finds that the criteria are not met.
5
DECISION MAKING OPTIONS:
The HPC may:
• approve the application,
• approve the application with conditions,
• disapprove the application, or
• continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
RECOMMENDATION: Staff recommends that HPC approve the Substantial Amendment to
Resolution #10 and #35, Series of 2007 for the property located at 507 Gillespie Street with the
following conditions:
1. Landscape:
a. All planting in the right of way is subject to Parks Department review and
approval.
b. Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
c. The perennial bed located in the right of way is not approved.
d. An encroachment license is required prior to building permit issuance for the
lightwell that is located within the ditch easement on the west elevation.
e. All planting and construction in the ditch easement is subject to Utilities
Department review and approval.
2. Height: A height of about 23 ft. 4 in. is approved as presented.
3. Roof Forms/Massing:
a. The roof overhang of the east side of the front porch shall be reduced a minimum
of 18" for review and approval by Staff and monitor.
4. Materials:
a. The materials are approved as presented.
b. The solar panels shall match the pitch of the roof they are located. The
configuration and number of panels shall be approved by Staff and monitor.
5. Setback Variance:
a. The west side yard setback variance is denied.
6. All approvals and conditions granted during Conceptual (Resolution #10, Series of 2007)
and Final (Resolution #35 Series of 2007) Review are valid, with the exception of the
approvals specified herein.
7. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
Resolution# , Series of 2013.
Exhibits:
A. Design Guidelines
B. HPC Resolution#10, Series of 2007 (Conceptual Approval)
C. HPC Resolution#35, Series of 2007 (Final Approval)
D. Application
6
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING A SUBSTANTIAL AMENDMENT FOR MAJOR DEVELOPMENT FOR
THE PROPERTY LOCATED AT LOT B OF THE BECK HISTORIC LOT SPLIT, 507
GILLESPIE STREET, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. , SERIES OF 2013
PARCEL ID: 2735-121-11-007
WHEREAS, the applicant, John Rowland and Sarah Broughton, requested a Substantial
Amendment to HPC Resolution #10, Series of 2007 and HPC Resolution#35, Series of 2007, for
Major Development for 507 Gillespie Street, Lot B of the Beck Historic Lot Split, City and
Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, at their regular meeting on March 28, 2007, the HPC considered the application,
found the application was consistent with the review standards and the City of Aspen Historic
Preservation Design Guidelines, and approved Resolution #10 of 2007 granting Conceptual
Approval for Major Development and Variances by a vote of 3 —0; and
WHEREAS, at their regular meeting on August 22, 2007 the HPC considered the application,
found the application was consistent with the review standards and the City of Aspen Historic
Preservation Design Guidelines, and approved Resolution #35 of 2007 granting Final Approval
for Major Development by a vote of 3 —0; and
WHEREAS, at their regular meeting on October 25, 2010 the Aspen City Council considered an
application for a 3 year extension of vested rights and approved Resolution 488 of 2010 granting
an extension of vested rights to September 9, 2013; and
WHEREAS, Section 26.415.070.E.2 of the Municipal Code states that" all changes to approved
plans that materially modify the location, size, shape, materials, design, detailing or appearance
of the building elements as originally depicted must be approved by the HPC as a substantial
amendment; and
WHEREAS, the HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City of Aspen Historic
Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a decision to approve
or deny; and
507 Gillespie— Substantial Amendment
HPC Resolution#_, 2013
Page 1 of 3
WHEREAS, Sara Adams, in her staff report dated June 12, 2013, performed an analysis of the
application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines were met, and recommended approval, and found the
review standards for a setback variance were not met and recommended denial; and
WHEREAS, at their regular meeting on June 12, 2013, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote
of
NOW, THEREFORE, BE IT RESOLVED:
HPC grants approval for a Substantial Amendment to Resolution #10, Series of 2007 and
Resolution#35, Series of 2007 for the property located at 507 Gillespie Street with the following
conditions:
1. Landscape:
a. All planting in the right of way is subject to Parks Department review and
approval.
b. Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
c. The perennial bed located in the right of way is not approved.
d. An encroachment license is required prior to building permit issuance for the
lightwell that is located within the ditch easement on the west elevation.
e. All planting and construction in the ditch easement is subject to Utilities
Department review and approval.
2. Height: A height of about 23 ft. 4 in. is approved as presented.
3. Roof Forms/Massing:
a. The roof overhang of the east side of the front porch shall be reduced a minimum
of 18" for review and approval by Staff and monitor.
4. Materials:
a. The materials are approved as presented.
b. The solar panels shall match the pitch of the roof they are located. The
configuration and number of panels shall be approved by Staff and monitor.
5. Setback Variance:
a. The west side yard setback variance is denied.
6. All approvals and conditions granted during Conceptual (Resolution #10, Series of 2007)
and Final (Resolution #35 Series of 2007) Review are valid, with the exception of the
approvals specified herein.
7. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
507 Gillespie—Substantial Amendment
HPC Resolution#_, 2013
Page 2 of 3
APPROVED BY THE COMMISSION at its regular meeting on the 12th day of June 2013.
Jamie Brewster McLeod,Vice Chair
Approved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Clerk
Exhibit A: Approved elevations and site plan
Exhibit B: 2006 Land Use Code—Section 26.575.020. Calculations and Measurements
507 Gillespie—Substantial Amendment
HPC Resolution#_, 2013
Page 3 of 3
Exhibit A:
Relevant Historic Preservation Design Guidelines for 507 Gillespie
1.4 New fence components should be similar in scale with those seen traditionally.
❑ Fence columns or piers should be proportional to the fence segment.
1.5 A side yard fence which extends between two homes should be set back from the
street-facing facade.
❑ This setback should be significant enough to provide a sense of open space between homes.
1.6 Replacement or new fencing between side yards and along the alley should be
compatible with the historic context.
❑ A side yard fence is usually taller than its front yard counterpart. It also is less transparent. A
side yard fence may reach heights taller than front yard fences (up to six feet), but 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.
1.9 Maintain the established progression of public-to-private spaces when considering a
rehabilitation project.
❑ This includes a sequence of experiences, beginning with the "public" sidewalk, proceeding
along a "semi-public" walkway, to a "semi-private" porch or entry feature and ending in the
"private" spaces beyond.
❑ Provide a walkway running perpendicular from the street to the front entry. Meandering
walkways are discouraged, except where it is needed to avoid a tree.
❑ Use paving materials that are similar to those used historically for the building style.
Concrete, wood or sandstone may be appropriate for certain building styles.
1.16 Preserve historically significant landscape designs and features.
❑ This includes the arrangement of trees, shrubs, plant beds, irrigation ditches and sidewalks in
the public right-of-way.
1.17 Maintain historic irrigation ditches as an integral component of the streetscape.
The character of an irrigation ditch should be maintained.
❑ It is inappropriate to use an irrigation ditch as a planting bed, or to fill it with another
material.
❑ Ditches cannot by culverted except where crossed by a walkway or driveway, and a culvert
must be approved by the Parks Department.
11.1 Orient the primary entrance of a new building to the street.
❑ The building should be arranged parallel to the lot lines, maintaining the traditional grid
pattern of the site.
11.2 In a residential context, clearly define the primary entrance to a new building by
using a front porch.
7
❑ The front porch should be "functional," in that it is used as a means of access to the entry.
❑ A new porch should be similar in size and shape to those seen traditionally.
❑ In some cases, the front door itself may be positioned perpendicular to the street;
nonetheless, the entry should still be clearly defined with a walkway and porch that orients to
the street.
11.3 Construct a new building to appear similar in scale with the historic buildings on the
parcel.
❑ Subdivide larger masses into smaller "modules" that are similar in size to the historic
buildings on the original site.
11.4 Design a front elevation to be similar in scale to the historic building.
❑ The primary plane of the front should not appear taller than the historic structure.
❑ The front should include a one-story element, such as a porch.
11.5 Use building forms that are similar to those of the historic property.
❑ They should not overwhelm the original in scale.
11.6 Use roof forms that are similar to those seen traditionally in the block.
❑ Sloping roofs such as gable and hip roofs are appropriate for primary roof forms.
❑ Flat roofs should be used only in areas where it is appropriate to the context.
❑ On a residential structure, eave depths should be similar to those seen traditionally in the
context.
❑ Exotic building and roof forms that would detract from the visual continuity of the street are
discouraged. These include geodesic domes and A-frames.
11.7 Roof materials should appear similar in scale and texture to those used traditionally.
❑ Roof materials should have a matte, non-reflective finish.
11.8 Use building materials that contribute to a traditional sense of human scale.
❑ Materials that appear similar in scale and finish to those used historically on the site are
encouraged.
❑ Use of highly reflective materials is discouraged.
11.9 Use building components that are similar in size and shape to those of the historic
property.
❑ These include windows, doors and porches.
❑ Overall, details should be modest in character.
11.10 The imitation of older historic styles is discouraged.
❑ This blurs the distinction between old and new buildings.
❑ Highly complex and ornately detailed revival styles that were not a part of Aspen's history
are especially discouraged on historic sites.
8
r
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL)
AND VARIANCES FOR THE PROPERTY LOCATED AT 507 GILLESPIE STREET,
LOT B OF THE BECK HISTORIC LOT SPLIT,CITY AND TOWNSITE OF ASPEN,
COLORADO
RESOLUTION NO. 10,SERIES OF 2007
PARCEL ID: 2735-121-11-007.
WHEREAS,the applicant, Randall and Alison Bone, represented by Karen Wood and Rich Carr
of CCY Architects, request Major Development (Conceptual) and Variances for the property
located at 507 Gillespie Street, Lot B of the Beck Historic Landmark Lot Split, City and Townsite
of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC
may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, for approval of setback variances, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of
the Municipal Code,that the setback variance:
a. 1s similar to the pattern, features and character of the historic property or district; and/or
b. Enhances or mitigates an adverse impact to the historic significance or architectural character
of the historic property, an adjoining designated historic property or historic district; and
WHEREAS, for approval of a variance from the ADU Design Standards, per section 26.
520.050, the HPC must review the application, a staff analysis report and the evidence presented
at a hearing to determine, per Section 26.520.080.D of the Municipal Code, that the variation
meet the criteria:
1. The proposed ADU or Carriage House is designed in a manner which promotes the
purpose of the ADU and Carriage House program, promotes the purpose of the zone
district in which it is proposed, and promotes the unit's general livability.
537081
Page: 1 of 3
04/27/2007 11:26
JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 0.00
2. The proposed ADU or Carriage House is designed to be compatible with, and
subordinate in character to, the primary residence considering all dimensions, site
configuration, landscaping, privacy,and historical significance of the property.
3. The proposed ADU or Carriage House is designed in a manner which is compatible
with or enhances the character of the neighborhood considering all dimensions, density,
designated view planes, operating characteristics; traffic, availability of on-street parking,
availability of transit services, and walking proximity to employment and recreational
opportunities; and
WHEREAS, Sara Adams, in her staff report dated March 28th, 2007, performed an analysis of
the application based on the standards, found that the review standards for setback variances and
the ADU design standard variances were not met, and recommended HPC not approve the
requested variances; and the "City of Aspen Historic Preservation Design Guidelines have been
met for Conceptual Review, and recommended approval with conditions; and
WHEREAS, at their regular meeting on March 28, 2007, the Historic Preservation Commission
considered the application, found the application was inconsistent with the review standards for
the setback variances, and was consistent with the special review criteria for granting a variance
from the Accessory Dwelling Unit Design Standards and the "City of Aspen Historic
Preservation Design Guidelines"and approved the application by a vote of 3 to 0.
NOW,THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval for Major Development (Conceptual), and denies the
applicant's request for variances from setback requirements and ADU Design Standards, for the
property located at 507 Gillespie Street, Lot B of the Beck Historic Landmark Lot Split, City and
Townsite of Aspen, Colorado, as proposed with the following conditions;
1. A variance from the ADU design standards is granted for the subgrade detached
affordable dwelling unit.
2. The development will conform to all sideyard setback requirements as stated in the
Municipal Code.
3. The lightwells located off the two bedrooms will be reduced to the minimum 9 square
feet required by lRC for egress.
4. A development application for a Final Development Plan shall be submitted within one
(1) year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of the
Conceptual Development Plan. The Historic Preservation Commission may, at its sole
discretion and for good cause shown, grant a one-time extension of the expiration date for
a Conceptual Development Plan approval for up to six (6) months provided a written
request for extension is received no less than thirty(30)days prior to the expiration date.
APPROVED BY THE COMMISSION at its regular meeting on the 28th day of March
2007.
[signatures on following page]
537 @81
04//27/2007 11:26
JRNICE K VOS CgUOILL PITKIN COUNTY c0 R 16.00 D 0.00
Approved as to Form:
True, City Attorney
Approved as to content:
HIS OR C PR ATION COMMISSION
Michael Hoffman,Vice Chair
ATTEST:
Kathy Stric and, Chief Deputy Clerk
537081
Page: 3 of 3
�pNICE K VOS
4/27/2007 11:26
CAUDILL PITKIN COUNTY CO R 16,00
D 0.00
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT(FINAL)FOR THE
PROPERTY LOCATED AT 507 GILLESPIE STREET, LOT B OF THE BECK
HISTORIC LOT SPLIT,CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 35, SERIES OF 2007
PARCEL ID: 2735-121-11-007.
WHEREAS, the applicant, Randall and Alison Bone, represented by Karen Wood and Rich Carr
of CCY Architects, request Major Development (Conceptual) and Variances for the property
located at 507 Gillespie Street, Lot B of the Beck Historic Landmark Lot Split, City and Townsite
of Aspen,Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;"and
WHEREAS, for Final Major Development Review, the HPC must review the application,a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.of
the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove,
approve with conditions or continue the application to obtain additional information necessary to
make a decision to approve or deny; and
WHEREAS, Sara Adams, in her staff report dated August 22nd, 2007, performed an analysis of
the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met for Final Review, and recommended
approval with conditions; and
WHEREAS, at their regular meeting on August 22, 2007, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
the "City of Aspen Historic Preservation Design Guidelines" and approved the application by a
vote of 3 to 0.
NOW,THEREFORE,BE IT RESOLVED:
That HPC hereby recommends approval for Major Development (Final) for the property located
at 507 Gillespie Street, Lot B of the Beck Historic Landmark Lot Split, City and Townsite of
Aspen,Colorado, as proposed with the following conditions;
1. The heights of the primary and accessory buildings approved at Conceptual Review
remain in place.
RECEPTION#: 542977, 10/11/2007 at
10:36:12 AM,
1 OF 3, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
2. The window well on the east elevation will be located within the building envelope and
shall not encroach into the setback.
3. The window wells on the east and west elevation are not permitted to have foundations or
tie back into the primary building.
4. Stone samples and mockups will be required and reviewed by Staff and monitor.
5. The applicant will restudy the landscape plan further after a review and recommendation
from the Streets and Engineering departments,to be approved by Staff and monitor.
6. The applicant will restudy the fence and make it more transparent for review by staff and
monitor.
7. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
8. Information on all venting locations and meter locations not described in the approved
drawings shall be provided for review and approval by staff and monitor when the
information is available.
9. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.
10. The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such-notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes,pertaining to the following described property: 507 Gillespie Street.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances or
the City of Aspen provided that such reviews and approvals are not inconsistent with this
approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 22th day of August
2007.
Approved as to Form:
im True, City Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
J ffre Halferty,Chairman
AT S
Kathy Strickland,Chief Deputy Clerk-
,V -
RECEIVED
ATTACEIlVEENT 2 - Historic Preservation Land Use Application
APR 4 2013
CITY OF ASPEN
PROJECT:
COMMUNITY DEVELOPMENT
...- -.,_.. ,_:-_-.
Name: 576 ' &Ales LE'_
Location: TJO W- ! ,°s 1 E
PiVI �S1 �v < <
(Indicate street address, lot& block number or metes and bounds description of property)
Parcel ID # (REQUIRED) -3 2-- "
APPLICANT: - - - - - - -
Name: v u kV, ! 'f' satth Bvroqkh,
Address: 4D 6L" S A-"
Phone#: . - I Q Fax#: °(�U '�J '3¢� -mail: J a ® � .�dti►'�
REPRESENTATIVE:
Name: e- S n^e,
Address:
Phone#: Fax#: E-mail:
TYPE OF APPLICATION: lease check a4l that apply):
❑ Historic Designation ❑ Relocation(temporary, on
❑ Certificate of No Negative Effect ❑ or off-site)
❑ Certificate of Appropriateness ❑ Demolition(total
❑ -Minor Historic Development demolition)
-Major Historic Development ❑ Historic Landmark Lot Split
❑ -Conceptual Historic Development
❑ -Final Historic Development
-Substantial Amendment
EXISTING CONDITIQNs. (description of existing buildings,uses,previous approvals, etc.)
l o i. b v i/f- hev se
PROPOSAL: (description of proposed buildings,uses,modifications, etc.)
l A 711 Se Cf Z?
�? R ale y
Aspen Historic Preservation
Land Use Application Requirements,Updated:May 29,2007
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MEMORANDUM
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Project: 507 Gillespie C
Subject: Substantial Amendment
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Date: 2 April 2013 'D `°
To: Amy Guthrie ° y
From: John Rowland -
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Project Description: o 0
507 Gillespie is Lot B, a vacant lot created in 2001 as part of a two lot subdivision known as the Beck Historic W A
Landmark Lot Split. It is located at 507 West Gillespie Avenue in a R-6 residential zone district. The lot was first ?
created in 2001 with 4,572SF of land area but was adjusted to 5,086SF through a lot line adjustment recorded in W J
March of 2011. As part of both the Lot Split in 2001 and the Lot Line Adjustment in 2011, the lot has right by W
zoning for a maximum allowable floor area of 2,840SF.
In 2007, HPC granted approval for a single-family residence and detached garage with ADU below (HPC
Resolution No. 35 of 2007). The vested rights for the 2007 approvals have been extended until 9 September
2013 (City Council Resolution No. 88 of 2010).
Lot B is a typical flat narrow lot in the West End Neighborhood. The historic house for which this lot split
occurred is to the west. The lot is across the street from the music tent parking lot.
This application is asking for a Substantial Amendment to the Certificate of Appropriateness for a Major
Development. This memo outlines the differences between the 2007 approval and the proposed modifications.
The proposed single-family house is traditional with modern detailing. The house design is respectful and
subservient to the historic house to the west and takes design cues from the historic minors cabins found in the
neighborhood. The house is being planned to be 500SF less than the allowable floor area (2,340SF instead of
2,840SF).
26.412 Residential Design Standards
All of the design standards outlined in this section of the Land Use Code have been met.
26.415.070.E.2 Amendment to Certificate of Appropriateness for Major Development
The proposed single-family house has been modified from the existing approval in the following manner.
Chapter 11, New Buildings on Historic Landmark Lot Splits guidelines have been adhered to and the proposed
house is compatible in scale, site relationship and style to the historic resource.
1. Site Plan—The proposed house has a smaller footprint and less floor area (500SF).
2. Front Elevation (North Elevation) —The front porch with front door is in the same location. There is a
gable form facing the street also in the same location relative to the front door and the neighboring
historic structure. The proposed gable volume (overall height) is 1'-5" less tall the approval.
3. Massing—The proposed house massing is less large than the approval. The proposed house has has
one gable running north-south and a flat volume to the west that is significantly shorter. The approved
Page 1 of 2
rowland+broughton
architecture and urban design
house has two gables at the same ridge height, creating a much-larger mass to the street and in
relationship to the historic structure.
4. Fenestration—The proposed house has punched openings facing the street, which is a historic
vocabulary seen throughout the neighborhood. The approved house fenestration has banded windows
and non-traditional reverse dormer on the front elevation.
5. Materials -The proposed house gable volume will be clad in painted horizontal clapboard siding in
varying heights. The flat volume will be clad in vertical painted siding. The siding will have modern
detailing conveying stylistic trends of today. The approved house had similar wood siding.
Please see the attached drawing outlining the front elevation of the approved house next to the historic
resource compared to the proposed house in this application next to the historic resource.
Page 2 of 2
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: �0� elI"00-7 FIX
Applicant: __ J OH 1J "VWO + ';PMZAJ4 WII HTO
Location: 5b'1 60, 81 1p t
Zone District: P%-(p
Lot Size: F, o 61 Sr
Lot Area: St 0 l tp SF
(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:
Number of bedrooms: Existing: / Proposed:
Proposed%of demolition(Historic properties only):
DIMENSIONS:
Floor Area: Existing:- Allowable: Z$ f D Proposed.• 2,343
Principal bldg. height: Existing: Allowable: 05 fc''f3 _Proposed: 2.V- Pei R¢rn 04
Access. bldg. height: Existing: _ Allowable: Proposed:
On-Site parking: Existing:______ ____ Required.•_ Proposed: 3
% Site coverage: Existing: Required. Ztp 61*, Proposed.•
%Open Space: Existing• _Required. Proposed:
Front Setback: Existing: Required: �Di Proposed.•
Rear Setback: Existing., Required: i Proposed:
Combined FIR: Existing. Required: Proposed:
t
Side Setback: Existing: Required.• 51 Proposed: �
Side Setback: Existing: Required: 61 Proposed: �1
Combined Sides: Existing: Required: 10' Proposed.• /0 t
r
Distance Between Existing Required: ti Praposed: �t
Buildings
Existing non-conformities or encroachments:
Variations requested:
L r4 6ii xy't e,
Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Open Space.
26.575.040 Yards.
26.575.045 Junk Yard and Service Yards.
26.575.050 Fences.
26.575.060 Utility/trash service areas.
26.575.070 Use square footage limitations.
26.575.080 Child care center.
26.575.090 Home occupations.
26.575.100 Landscape maintenance.
26.575.110 Building envelopes.
26.575.120 Satellite dish antennas.
26.575.130 Wireless Telecommunication Services Facilities and Equipment
26.575.140 Accessory uses and accessory structures.
26.575.150 Outdoor Lighting.
26.575.160 Dormitory.
26.575.170 Fuel storage tanks
26.575.180 Restaurant.
26.575.190 Farmers' market.
26.575.200 Group Homes.
26.575.010 General.
Regulations specified in other sections of this Title shall be subject to the following supplemental
regulations.
26.575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for cal-
culating and measuring certain enumerated terms as used in this Title, The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the follow-
ing applies:
1. General. In measuring floor area for the purposes of calculating floor area ratio and allow-
able floor area, there shall be included that floor area within the surrounding exterior walls ,
(measured from their exterior surface) of a building, or portion thereof.
M�JV V4
2. Decks Balconies Porches, Loggias and Stairways. The calculation of the floor area of a
building or a portion thereof shall not include decks, balconies, exterior stairways, terraces
City of Aspen Land Use Code. June,2005
Part 500, Page 60
and similar features, unless the area of these features is greater than fifteen (15) percent of
the maximum allowable floor area of the building (the excess of the 15% shall be included).
Porches shall not be counted towards FAR.
3. Garages, ports and Storage Areas. In all zone districts except the R-15-B zone district,
for the purpose of calculating floor area ratio and allowable floor area for a lot whose prin-
cipal use is residential, garages, carports, and storage areas shall be excluded up to a maxi-
mum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and
storage areas between two hundred fifty (250) and five hundred (500) square feet shall
count fifty (50) percent towards allowable floor area; all garage, carport and storage areas in
excess of five hundred (500) square feet per dwelling unit shall be included as part of the
residential floor area calculation. For any dwelling unit which can be accessed from an alley
or private road entering at the rear or side of the dwelling unit, the garage shall only be ex-
cluded from floor area calculations up to two hundred fifty (250) square feet per dwelling
unit if it is located on said alley or road; all garage, carport and storage areas between two
hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards
allowable floor area. For the purposes of determining the exclusion, if any, applicable to ga-
rages, carports, and storage areas, the area of all structures on a parcel shall be aggregated.
In the R-113 zone district,' garage, carport, and storage areas shall be limited to a five hun-
dred (500) square foot exemption
4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calcu-
lating floor area, the following shall apply:
a. For any story that is partially above and partially below natural or finished grade,
whichever is lower, the total percentage of exterior surface wall area that is exposed
above the most restrictive of the grades shall be the total percentage of the gross square
footage of the subject story included in the floor area calculation. Subgrade stories with
no exposed exterior surface wall area shall be excluded from floor area calculations.
(Example: If fifteen (15) percent of the exterior surface wall area has been exposed
above natural or finished grade (whichever is lower), then fifteen (15) percent of the
gross square footage of the subject story will be included as floor area.)
Also excluded from floor area calculations shall be any portion of a subgrade accessory
dwelling unit whose exterior surface wall area is exposed above grade for glass, window
openings, doors, and similar ways of getting light and air into the unit, or that provides
required Uniform Building Code egress to the unit. The maximum amount of this exclu-
sion shall be one hundred (100) s.f of the floor area of the accessory dwelling unit.
c. For any dwelling unit that fan be accessed from an alley or private road entering at the
rear or side of the dwelling unit, the garage or carport shall only be eligible for the ex-
clusions described in sub-sections a. and b. if it is located along said alley or road.
City of Aspen Land Use Code. June, 2005
Part 500, Page 61
d. In the R-15B zone district only, garages, carports, and storage areas shall be excluded
from residential floor area calculations u to a maximum of five hundred 500 square
P ( ) q
feet per dwelling unit.
5. (Repealed by Ord. No. 56-2000, § 8)
6. Accessory Dwelling Units and Carriage Houses. An Accessory Dwelling Unit or Carriage
House shall be calculated and attributed to the allowable floor area for a parcel with the
same inclusions and exclusions for calculating Floor Area as defined in this Section, unless
eligible for an exemption as described below:
Detached and permanently affordable ADU or Carriage House Floor Area Exemption. One
Hundred (100) percent of the Floor Area of an ADU or Carriage House which is detached
from the primary residence and deed restricted as a "For Sale" affordable housing unit and
transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing
Authority Guidelines, as amended, shall be excluded from the calculation of Floor Area, up
to a maximum exemption of 1,200 square feet.
7. Affordable Housing Bonus. The Floor Area of a parcel containing a single-family or du-
plex residence and a permanently affordable "For Sale" ADU or Carriage House located on
the same parcel which has been transferred to a qualified purchaser in accordance with the
Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an
Affordable Housing Floor Area bonus equal to or lesser than fifty (50) percent of the Floor
Area of the associated ADU or Carriage House up to a maximum bonus of six-hundred
(600) square feet.
8. Linked Pavilion. Any element linking the principal structure to an accessory structure shall
not be included in the calculation of floor area provided that the linking structure is no more
than one(1) story tall, six(6) feet wide and ten (10) feet long. Areas of linking structures in j
excess of ten feet in length shall be counted in floor area.
I
B. Building Heights.
1. Methods of Measurement for Varying Types of Roofs.
In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC),
and Service/Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the
maximum distance measured vertically from the natural or finished grade, whichever is lower, to
the top, ridge, or parapet of the structure. For structures in all other zone districts, the height shall
be measured as follows:
a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall
be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope
of less than 3:12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge of a gable, hip, gambrel
City of Aspen Land Use Code. June, 2005
Part 500,Page 62
• I
or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched
roof shall not extend over five feet above the maximum height limit.
C. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to a point one-third (1/3) of the distance up from the eave point to the ridge.
There shall be no limit on the height of the ridge. Chimneys and other appurtenances
may extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8:12 or greater, these elements may not
extend more than two (2) feet above the ridge. Water towers, solar panels, and me-
chanical equipment shall not extend over five (5) feet above the specified maximum
height limit. Church spires, bell towers and like architectural projections, as well as
flag poles, may extend over the specified maximum height limit.
2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street fac-
ing) facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell or
basement stairwell of less than one hundred (100) square feet, entirely recessed behind the
vertical plane established by the portion of the building facade which is closest to the street,
and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
C. Lot Area. Except in the RI 5-B zone district, when calculating floor area ratio, lot areas shall
include only areas with a slope of less than 20%. In addition, half(.50) of lot areas with a slope of
20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be
excluded. The total reduction in FAR attributable to slope reduction for a given site shall not ex-
ceed 25%.
Also excluded from total lot area for the purpose of floor area calculations in all zone districts is
that area beneath the high water line of a body of water and that area within a vacated right-of-way,
or within an existing or proposed dedicated right-of-way or surface easement. Lot area shall in-
clude any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any
open irrigation ditch, or any lands subject to an above ground or below ground surface easement
such as utilities that do not coincide with road easements. When calculating density, lot area shall
have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of
areas of greater than 20% slope.
D. Site Coverage. Site coverage is typically expressed.as a percentage. When calculating site
coverage of a structure or building, the exterior walls of the structure or building at ground level
should be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar
City of Aspen Land Use Code. June, 2005
Part 500,Page 63
features extending directly over grade shall be excluded from maximum allowable site coverage
calculations.
E. Measurement of Demolition. The City Zoning Officer shall determine if a building is in-
tended to be, or has been, demolished by applying the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the
following:
1. The surface area of all existing (prior to commencing development) exterior wall assem-
blies above finished grade and all existing roof assemblies. Not counted in the existing exte-
rior surface area calculations shall be all existing fenestration (doors, windows, skylights,
etc.)
2. The exterior surface area, as described above, to be removed. Wall area or roof area being
removed to accommodate new or relocated fenestration shall be counted as exterior surface
area being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area
tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in
addition to the necessary subsurface components for its structural integrity, including such items as
studs,joists, rafters, etc. If a portion of a wall or roof structural capacity is to be removed, the as-
sociated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof
involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as re-
moved. Recalculation may be necessary during the process of development and the Zoning Officer
may require updated calculations as a project progresses.
I
Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or
expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of demolition. j
Sub-grade elements and interior wall elements, while potentially necessary for a building's integ-
rity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of the exte-
rior to be removed shall be divided by the surface area of all portions of the exterior of the existing
structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine
if the building is to be or has been demolished according to the definition of Demolition, Section
26.104.100. If portions of the building involuntarily collapse, regardless of the developer's intent,
that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural capabilities of
the building prior to undertaking a remodel. Failure to properly understand the structural capacity
of elements intended to remain may result in an involuntary collapse of those portions and a re-
quirement to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances
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City of Aspen Land Use Code. June, 2005
Part 500, Page 64
I
shall not affect the calculation of actual physical demolition. Additional requirements or restric-
tions of this Title may result upon actual demolition.
(Ord. No. 44-1999, § 7; Ord. No. 55-2000, § 14; Ord. No. 56-2000, §§ 5, 6, 8; Ord. No. 25-2001,
§§ 6, 7; Ord. No. 46-2001, § 4; Ord. No. 55, 2003§4)
26.575.030 Pedestrian Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown pedestrian environment. Pe-
destrian Amenity contributes to an attractive downtown retail district by creating public places and
settings conducive to an exciting pedestrian shopping and entertainment atmosphere. Pedestrian
amenity can take the form of physical or operational improvements to public rights-of-way or pri-
vate property within commercial areas. Pedestrian Amenity provided on the subject development
site is referred to as On-Site Pedestrian Amenity in this section.
B. Applicability and Requirement. The requirements of this Section shall apply to the devel-
opment of all land within the area bounded by Main Street, Original Street, Dean Street, and Aspen
Street. This area represents Aspen's primary pedestrian-oriented commercial district. The linear
extension of the centerline of these streets shall be used to determine the boundary in instances
where these streets are not developed or do not connect. Whenever a parcel straddles this bound-
ary, the requirement shall be lessened proportionately (based on land area) for that parcel.
Twenty-five (25) percent of each parcel within the applicable area shall be provided as Pedestrian
Amenity. For redevelopment of parcels on which less than this twenty-five (25) percent currently
exists, the existing (prior to redevelopment) percentage shall be the effective requirement provided
no less than ten (10) percent is required. For redevelopment of parcels in which ten (10) percent of
the parcel is the requirement, provision of a cash-in-lieu payment shall be automatically permitted
with no further review.
Exempt from these provisions shall be development consisting entirely of residential uses. Also
exempt from these provisions shall be the redevelopment of parcels where no on-site pedestrian
amenity currently exists, provided the redevelopment is limited to replacing the building in its same
dimensions as measured by footprint, height, and floor area.
C. Provision of Pedestrian Amenity.
The Planning and Zoning Commission, pursuant to the review procedures and criteria of Section
26.412 — Commercial Design Review, shall determine the appropriate method or combination of
methods for providing this required amenity. Any combination of the following methods may be
used such that the standard is reached.
1. On-Site Provision of Pedestrian Amenity. A portion of the parcel designed in a manner
meeting the Design and Operational Standards for On-Site Pedestrian Amenity, Section
City of Aspen Land Use Code. June, 2005
Part 500, Page 65'
26.575.030(C). The Planning and Zoning Commission shall review the site plan, pursuant
to section 26.412, Commercial Design Review.
2. Off-Site Provision of Pedestrian Amenity. Proposed pedestrian amenities and improvements
to the pedestrian environment within proximity of the development site may be approved by
the Planning and Zoning Commission, pursuant to Section 26.412 — Commercial Design
Review. These may be improvements to private property, public property, or public rights-
of-way. An easement_providing public access over an existing public amenity space for
which no easement exists may be accepted if such easement provides permanent public ac-
cess and is acceptable to the City Attorney. Off-Site improvements shall equal or exceed
the value of an otherwise required cash-in-lieu payment and be consistent with any public
infrastructure or capital improvement plan for that area.
3. Cash-in-lieu Provision. The Planning and Zoning Commission, pursuant to Section 26.412
— Commercial Design Review, may accept a cash-in-lieu payment for any portion of re-
quired pedestrian amenity not otherwise physically provided, according to the procedures
and limitations of Section 26.575.030.E, Cash-in-Lieu Payment.
4. Alternative Method. The Planning and Zoning Commission, pursuant to Section 26.412 —
Commercial Design Review, may accept any method of providing Pedestrian Amenity not
otherwise described herein if the Commission finds that such method equals or exceeds the
value, which may be non-monetary community value, of an otherwise required cash-in-lieu
payment.
I
i
D. Reduction of Requirement. The Planning and Zoning Commission, or Historic Preservation
Commission as applicable, pursuant to the procedures and criteria of Section 26.412—Commercial
Design Review — may reduce the pedestrian amenity requirement by any amount, such that no
more than half the requirement is waived, as an incentive for well-designed projects having a posi-
tive contribution to the pedestrian environment. The resulting requirement may not be less than
10%.
The Historic Preservation Commission may reduce by any amount the requirements of this section
for Historic Landmark properties upon one of the following circumstances: i
1. When the Historic Preservation Commission approves the on-site relocation of a Historic
Landmark such that the amount of on-site pedestrian space is reduced below that required
by this Chapter.
2. When the manner in which a Historic Landmark building was originally developed reduces
the amount of on-site pedestrian amenity required by this Chapter.
3. When the redevelopment or expansion of a Historic Landmark constitutes an exemplary
preservation effort deserving of an incentive or reward.
E. Payment in lieu. When the method of providing pedestrian amenity includes a cash-in-lieu
payment, the following provisions and limitations shall apply:
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City of Aspen Land Use Code. June, 2005
I
Part 500,Page 66
• I
Formula for determining cash-in-lieu payment:
Payment = [Land Value] x [Pedestrian Amenity Percentage]
Where: Land Value = Value of the unimproved land.
Pedestrian Amenity Percentage = Percent of the parcel required to be provided as
a pedestrian amenity, pursuant to Section 26.575.030(B) lessened by other meth-
ods of providing the amenity.
Land Value shall be the lesser of fifty (50) dollars per square foot multiplied by the number
of square feet constituting the parcel or the appraised value of the unimproved property, de-
termined by the submission of a current appraisal performed by a qualified professional real
estate appraiser and verified by the Community Development Director.- An applicant may
only waive the current appraisal requirement by accepting the fifty (50) dollar per square
foot standard.
Acceptance of a cash-in-lieu of Pedestrian Amenity shall be at the option of the Planning
and Zoning Commission, or the Historic Preservation Commission as applicable, pursuant
to Section 26.412 —Commercial Design Review. The payment-in-lieu of pedestrian amen-
ity shall be due and payable at the time of issuance of a building permit. The City Manager,
upon request, may allow the required payment-in-lieu to be amortized in equal payments
over a period of up to five years, with or without interest.
All funds shall be collected by the Community Development Director and transferred to the
Finance Director for deposit in a separate interest bearing account. Monies in the account
shall be used solely for the purchase, development, or capital improvement of land or public
rights-of-way for open space, pedestrian amenity, or recreational purposes within or adja-
cent to the applicable area in which this requirement applies. Funds may be used to acquire
public use easements.
Fees collected pursuant to this section may be returned to the then present owner of prop-
erty for which a fee was paid, including any interest earned, if the fees have not been spent
within seven (7) years from the date fees were paid, unless the City Council shall have ear-
marked the funds for expenditure on a specific project, in which case the City Council may
extend the time period by up to three (3) more years. To obtain a refund, the present owner
must submit a petition to the Finance Director within one (1) year following the end of the
seventh (7th) year from the date payment was received.
For the purpose-of-this section, payments shall be spent in the order in which they are re-
ceived. Any payment made for a project for which a building permit is canceled, due to
non-commencement of construction, may be refunded if a petition for refund is submitted to
the finance director within three (3) months of the date of the cancellation of the building
permit. All petitions shall be accompanied by a notarized, sworn statement that the peti-
tioner is the current owner of the property and by a copy of the dated receipt issued for pay-
ment of the fee.
City of Aspen Land Use Code. June,2005
Part 500,Page 67
F. Design and Operational Standards for Pedestrian Amenity. Pedestrian amenity, on all pri-
vately-owned land in which pedestrian amenity is required, shall comply with the following
provisions and limitations:
1. Open to View. Pedestrian amenity areas shall be open to view from the street at pedestrian
level, which view need not be measured at right angles.
2. Open to Sky. Pedestrian amenity areas shall be open to the sky. Temporary and seasonal
coverings, such as umbrellas and retractable canopies are permitted. Such non-permanent
structures shall not be considered as floor area or a reduction in pedestrian amenity on the
parcel.
Trellis structures shall only be permitted in conjunction with commercial restaurant uses on
a designated Historic Landmark or within (H) Historic overlay zones and must be approved
pursuant to review requirements contained in Chapter 26.415 —Development Involving the
Aspen Inventory of Historic Landmark Sites and Structures or Development within a His-
toric District. Such approved structures shall not be considered as floor area or a reduction
in pedestrian space on the parcel.
3. No Walls/Enclosures. Pedestrian amenity areas shall not be enclosed. Temporary struc-
tures, tents, air exchange entries, plastic canopy walls, and similar devices designed to en-
close the space are prohibited, unless approved as a temporary use, pursuant to Section
26.450. Low fences or walls shall only be permitted within or around the perimeter of pe-
destrian space if such structures shall permit views from the street into and throughout the
i
pedestrian space.
4. Prohibited Uses. Pedestrian amenity areas shall not be used as storage areas, utility/trash
service areas, delivery area, parking areas or contain structures of any type, except as spe-
cifically provided for herein. Vacated rights-of-way shall be excluded from pedestrian
amenity calculations.
5. Grade Limitations. Required pedestrian amenity shall not be more than four (4) feet above
or two (2) feet below the existing grade of the street or sidewalk which abuts the pedestrian
space, unless the pedestrian amenity space shall follow undisturbed natural grade, in which
case there shall be no limit on the extent to which it is above or below the existing grade of
the street.
6. Pedestrian Links. In the event that the City of Aspen shall have adopted a trail plan incorpo-
rating mid-block pedestrian links, any required pedestrian space must, if the city shall so
elect, be applied and dedicated for such use.
7. Landscaping_Plan. Prior to issuance of a building permit, the Community Development Di-
rector shall require site plans and drawings of any required pedestrian amenity area, includ-
ing a landscaping plan, and a bond in a satisfactory form and amount to insure compliance
with any pedestrian amenity requirements under this title.
8. Maintenance of Landscaping. Whenever the landscaping required herein is not maintained,
the Chief Building Official, after thirty (30) days written notice to the owner or occupant of
City of Aspen Land Use Code. June,2005
Part 500,Page 68
the property, may revoke the certificate of occupancy until said party complies with the
landscaping requirements of this section.
9. Commercial Activity. No area of a building site designated as required pedestrian amenity
space under this section shall be used for any commercial activity, including, but not limited
to, the storage, display, and merchandising of goods and services; provided, however, that
the prohibition of this subsection shall not apply when such use is in conjunction with per-
mitted commercial activity on an abutting right-of-way or is otherwise permitted by the
City. For outdoor food vending in the Commercial Core District, also see Section
26.470.040(B)(3), Administrative Growth Management Review.
10. Commercial Restaurant Use. The provisions above notwithstanding, required pedestrian
amenity space may be used for commercial restaurant use if adequate pedestrian and emer-
gency vehicle access is maintained.
(Ord. No. 55-2000, § 15; Ord.No. 1-2002 § 16, 2002; Ord. No. 23-2004, §3; Ord. No. 5, 2005, §2)
26.575.040 Yards.
The following supplemental regulations shall apply to all yards.
A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky ex-
cept for the following allowed projections:
1. Building eaves--Eighteen (18) inches;
2. Architectural projections--Eighteen (18) inches;
3. Balconies not utilized as an exterior passageway, may extend the lesser of one-third of the
way between the required setback and the property line or four (4) feet.
4. Fire escapes required by the Uniform Building Code--Four(4) feet;
5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar structures, which
do not exceed thirty (30) inches above or below natural grade, shall be permitted to project
into the yard without restriction. Projections may exceed thirty- (30) inches below grade if
determined to be required by the chief building official for window egress.
6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural
grade, are permitted in all required yard setbacks. (See, Supplementary Regulations - Sec-
tion 26.575.050, Fences.).
7. Driveways Driveway access shall not exceed a depth or height greater than twenty-four (24)
inches above or below grade within the required front yard setback. Within all other re-
quired setbacks, driveway access shall not exceed a depth or height greater than thirty (30)
City of Aspen Land Use Code. June,2005
Part 500,Page 69
a�
inches above or below grade. Parking is only permitted within required setbacks if it is in an
approved driveway or other area approved for parking.
8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall be
prohibited in all required yard set backs.
B. Required Yards Adjacent to Private Streets or Rights-of-way. Where there is no public dedica-
tion and the lot line extends into the right-of-way, the required yard setback shall equal the
minimum distance specified under the zone district regulations along the closest boundary of
the right-of-way to the proposed structure. When a property's lot line does not extend into the
right-of-way, the required yard setback shall equal the minimum distance specified under zone
district regulations from the lot line. Please refer to Figure 575.1, Required Setback from a Pri-
vate Road or Right-of-Way.
Figure 575.1 Required Setback from a Private Road or Right-of-Way
C. Corner Lots. On a lot bordered on two (2) sides by intersecting streets, the owner shall have a
choice as to which yard shall be considered as the front yard, such yard to meet minimum setbacks
for a front yard in that zone district. The remaining yard bordering a street may be reduced by one-
third (1/3) of the required front yard setback distance for the zone district. The rear yard must coin-
cide with the rear alignment of neighboring lots regardless of which yard is considered the front
yard by the owner.
City of Aspen Land Use Code. June,2005
Part 500, Page 70
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE CODE INTERPRETATION
JURISDICTION: City of Aspen
APPLICABLE CODE SECTIONS: Section 26.104.100
Section 26.410.040(D)
Section 26.410.040(D)(1)(b)
Section 26,575.020(A)(2)
EFFECTIVE DATE: November 16, 2007
WRITTEN BY: Jessica Garrow,
Long Range Planner
APPROVED BY: Chris Bendon,
Date:V)tjy kiv,torn, Community Development Director
COPIES TO: City Attorney
City Planning staff
SUMMARY:
This Land Use Code interpretation clarifies the definition of a Porch and applicability of the
porch standard in the Residential Design Standards. The request was filed by Stan Clauson of
Stan Clauson Associates. The requester shall have the right to appeal this code interpretation, as
outlined below.
BACKGROUND:
The requester, Stan Clauson, has requested an interpretation of the Porch definition in
conjunction with a project proposed in the R-15 PUD zone district near Ajax Mountain. The site
is sloped, and the requestor wishes to receive confirmation that the porches proposed on all of
the building's levels meet the City's definition of porch, and would therefore be excluded from
the calculation of Floor Area.
DISCUSSION
Staff has relied on six (6)sections of the Land Use Code,to render this interpretation. Following
are the sections, emphasis added.
A. Section 26,104.100,Definitions- Porch.
An un-insulated, unheated area under a roof, enclosed on at least one side by an exterior
wall of living space and open on at least two sides to the outdoors, with or without screens.
B. Section 26,104.100,Definitions-Deck.
An outdoor, unheated area gpgended to a living space but not intended.or living.
Porch Interpretation
Page 1 of 3
C. Section 26.104.100,Definitions-Loggia.
A deck, or porch attached to a living space and open on at least one side developed under a
roof as an integral part of the building's mass rather than as an appended element.
D. Section 26.410,040(D),Residential Design Standards—Building Elements.
The intent of the following building elements standards is to ensure that each residential
building as street facin architectural details and elemen ts. which provide human scale to
the favade, enhance the walking experience, and reinforce local building traditions.
E. Section 26.410.040(D)(1)(b), Residential Design Standards—Entry Porches.
A covered entry porch of fifty (50)or more square feet, with a minimum depth of six feet (b')
shall be part of the front faVade. Entry porches and canopies shall be no more than ones
in height.
F. Section 26.575.020(A)(2),Floor Area—Decks, Balconies,Porches, Loggias,and Stairways.
The calculation of the floor area of a building or portion thereof shall not include decks,
'balconies exterior stwi ways ggzebgs and similar features unless the area of these features
is eater than z teen OL.Wrcent of the maximum allowable floor area of the buildin (the
excess of the 15% shall be included). Porches and landscape terraces shall not be counted
towards RAR.
Citation A states-that a porch must be under a roof, that one side must be adjacent to an exterior
wall of living space, and open on at least two sides to the outdoors. The definition above does
not indicate if the area is or is not intended for living. From Citation B above, a deck is an area
adjacent to a living space, but"not intended for living." Citation C states that a loggia is either a
deck or a porch that is under a roof as an "integral" part of the building, not an "appended"
element. From the above definitions,a porch becomes a loggia when it is an"integral part of the
building's mass." A deck becomes a loggia when it has a roof over it and when it is an"integral
part of the building's mass."
None of the above definitions explicitly states that the elements are intended to be on a certain
story of a building. The definition of a porch in Webster's Dictionary, Seventh Edition, is "a
covered entrance to a building, usually with a separate roof," or "a place for waiting before
entering." This definition clearly outlines that a porch is on the first story, where a building's
entrance is located. As a practical matter,when a homeowner expects a delivery, from say UPS,
a common statement may be "I will be gone when you are scheduled to deliver my package,
please leave it on my porch." In saying this,the homeowner is anticipating that the UPS driver
will leave the package on their front or rear porch, located on the first story, and is not expecting
the driver to climb up their home to leave the package on a second or third story"porch."
Further, the Residential Design Standards,which all new residential buildings must comply with,
clearly indicates that porches are intended to be only on the first story. As Citation D states,the
intent of the Building Elements section of the Residential Design Standards is to ensure that all
residential buildings include street-facing elements that reinforce local building traditions. One
local building tradition supported in the design standards is a one-story front porch, outlined in
Citation E above. The porch is intended to shield visitors from the elements before they are
welcomed into the home. The porch also helps create a pedestrian scale to new development.
Porch Interpretation
Page 2 of 3
Because the City believes this local building tradition is important,porches are treated differently
than all other building elements in terms of calculating floor area.
As Citation F states, porches are exempted from FAR entirely, while decks and loggias are
excluded up to 15% of the allowable FAR. Once these areas exceed the 15% standard, the
excess is counted into floor area calculations. The intent of the porch exemption is not to
increase mass by covering a deck and calling it a porch. Rather, the exemption recognizes that
the porch is an extension of the private living space in a home that re-enforces local building
traditions, and is an architectural element that has a common impression of as being on the first
story of a home.
INTERPRETATION
The Land Use Code requires that decks and loggias be counted into floor area calculations once
the elements exceed 15% of the allowable FAR, while porches are entirely exempt from FAR.
This difference in calculating floor area illustrates that a deck or a loggia is considered different
than a porch. A porch acts as an interface between the public street and the private home and as
such is intended to be on the first story to welcome a visitor into the home. A loggia or a deck
acts solely as a space for the homeowners and their invited guests and does not function as an
interface between public and private spaces. Therefore, because a deck or a loggia is entirely
private space,it can be on any story of the home,while a porch can only be on the first story.
This interpretation was provided on November 16, 2007, and shall become effective on
November 16, 2007. This interpretation of the land use code shall be valid until such time as the
code sections specified are amended to implement this clarification or for other purposes.
APPEAL OF DECISION
Any person with a right to appeal an adverse decision or determination shall initiate an appeal by
filing a notice of appeal on a form prescribed by the Community Development Director. The
notice of appeal shall be filed with the Community Development Director and with the City
office or department rendering the decision or determination within fourteen (14) days of the
date of the decision or detennination being appealed. Failure to file such notice of appeal within
the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision
or determination.
Porch Interpretation
Page 3 of 3
7. Access ways. In addition to ingress and egress requirements of the Building Code, access to
and from wireless telecommunication services facilities and equipment shall be regulated as
follows:
a. No wireless communication device or facility shall be located in a required parking,
maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any
way impairs, the intent or functionality of the original design.
b. The facility must be secured from access by the general public but access for emergency
services must be ensured. Access roads must be capable of supporting all potential
emergency response vehicles and equipment.
c. The proposed .easement(s) for ingress and egress and for electrical and telephone shall
be recorded at the Pitkin County Clerk and Recorder's Office prior to the issuance of
building permits. (Ord.No. 1-2002 § 18, 2002; Ord. No. 53-2003, §14, 15)
26.575.140 Accessory uses and accessory structures.
An accessory use shall not be construed to authorize a use not otherwise permitted in the zone dis-
trict in which the principal use or structure to which it is accessory. An accessory use or structure
may not be established prior to the establishment of the principal use or structure to which it is ac-
cessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities suf-
ficient to render them suitable for permanent residential occupation.
26.575.150 Outdoor lighting.
A. Intent and purpose. The City of Aspen has experienced a significant increase in the use of
exterior illumination. City residents value small town character and the qualities associated with
this character, including the ability to view the stars against a dark sky. They recognize that inap-
propriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant condi-
tions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric
power. It is also recognized that some exterior lighting is appropriate and necessary.
This section is intended to help maintain the health, safety, and welfare of the residents of Aspen
through regulation of exterior lighting in order to:
a. Promote safety and security;
b. Help preserve the small town character;
c. Eliminate the escalation of nighttime light pollution;
d. Reduce glaring and offensive light sources;
e. Provide clear guidance to builders and developers;
£ Encourage the use of improved technologies for lighting;
g. Conserve energy; and,
h. Prevent inappropri ate and poorly designed or installed outdoor lighting.
City of Aspen Land Use Code. June, 2005
Part 500,Page 87
B. Applicability. The lighting standards of this section shall be applicable to all outdoor lighting
within the City of Aspen. Existing outdoor lighting shall be considered legal non-conforming light-
ing for one year from the adoption date of this ordinance.
C. Definitions.
(a) Fully shielded light: light fixtures shielded or constructed so that no light rays are directly
emitted by the installed fixture'at angles above the horizontal plane as certified by a photo-
metric test report. The fixture must also be properly installed to effectively down direct
Tight in order to conform with the definition.
(b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot.
For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft.
above finished grade.
(c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly
below the centerline of the fixture to the lowest direct light emitting part of the fixture.
(d) High Intensity Discharge Light Source (HID): Light sources characterized by an arc tube or
discharge,capsule that produces light, with typical sources being metal halide, high pressure
sodium, and other similar types which are developed in accordance with accepted industry
standards.
(e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb
filament or discharge capsule).
(f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the
property on which it is located.
D. Lighting-Plans.
(a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivi-
sion, planned unit development, development within any environmentally sensitive area,
special review application, and building permit application for a commercial or multi-
family building. Such lighting plans shall be subject to establishment and approval through
the applicable review processes. Said lighting plan shall show the following:
(1) The location and height above grade of light fixtures;
(2) The type (such as incandescent, halogen, high pressure sodium) and luminous inten-
sity of each light source;
I
(3) The type of fixture (such as floodlight, full-cutoff, lantern, coach light);
(4) Estimates for site illumination resulting from the lighting, as measured in foot-
candles,.should include minimum, maximum and average illumination. Comparable
City of Aspen Land Use Code. June,2005
Part 500,Page 88
examples already in the community that demonstrate technique, specification, and/or
light level should be provided if available to expedite the review process; and
(5) Other information deemed necessary by the Community Development Director to
document compliance with the provisions of this Article.
(b) Single family and duplex building shall be in compliance with the standards of Section
26.575.090.
E. Non-Residential Lighting Standards. The following lighting standards shall be applicable to all
non-residential properties including mixed uses:
(a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas, or
buildings shall conform to the definition for "fully shielded light fixtures" and be de-
signed, arranged and screened so that the point light source shall not be visible from ad-
joining lots or streets. No portion of the bulb or direct lamp image may be visible be-
yond a distance equal to or greater than twice the mounting height of the fixture. For
example,for a fixture with a mounting height of twelve (12) feet, no portion of the bulb
or direct lamp image may be visible from twenty-four (24) feet away in any direction.
The light level shall not exceed 10 foot-candles as measured three feet above finished
grade. Exemptions may be requested for areas with high commercial, pedestrian, or ve-
hicular activity up to a maximum of 20 foot-candles.
(b) Outdoor lighting shall be 12 ft. or less in height unless it meets one of the following cri-
terra:
• The lighting is fully shielded and the point light source is not visible be-
yond the boundaries of the property in which it is located; or
• The lighting is otherwise approved in Section 27.575.150 (K).
(c) All light sources which are not fully shielded shall use other than a clear lens material as
the primary lens material to enclose the light bulb so as to minimize glare from that
point light source. Exceptions may be.allowed where there is a demonstrated benefit for
the community determined through the exemption process listed in this section.
(d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of
175 high pressure sodium (HPS) and 175 watt metal halide (coated lamp -- 3,000 de-
grees Kelvin). Standards for other HID light sources may be established by the City for
new technology consistent with the above restrictions.
(e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less
than 75 ft. apart. Decorative fixtures (which are also fully shielded) are allowed to main-
tain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be
no less than 50 ft. measured horizontally. Decorative fixtures directed back toward a
building face shall be exempt from this spacing requirement when shielded and shall not
exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum
City of Aspen Land Use Code. June, 2005
Part 500,Page 89
spacing of 25 ft. and shall not exceed 50 watts. Where security lighting is a combination
of pole and wall mounted fixtures, minimum spacing shall be 75 ft: and a maximum.of
150 ft.
(f) Pole mounted fixtures shall be limited to two light sources per pole.
(g) Mixed use areas that include residential occupancies shall comply with the residential
standards on those floors or areas that are more than 50% residential based on square .
footage of uses.
(h) Up-lighting is only permitted if the light distribution from the fixture is effectively con-
tained by an overhanging architectural or landscaping element. Such elements may in-
elude awnings, dense shrubs, or year-round tree canopies, which can functionally con-
tain or limit illumination of the sky. In these cases the fixture spacing is limited to one
fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp watt-
age within a fixture of 3 5 watts.
(i) Up-lighting of flags is permitted with a limit of two fixtures per flag pole with a maxi-
mum of 150 watts each. The fixtures must be shielded such that the point source is not
visible outside of a 15-ft. radius.
(j) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not
exceed a maximum of 20 candles under the canopy.
F. Residential Lighting Standards. The following lighting standards shall be applicable to resi-
dential properties:
(a) Outdoor lighting shall be 12 ft. or less in height unless it meets on of the following crite-
na:
• The lighting is used to illuminate above grade decks or balconies, is fully shielded,
and the point light source is not visible beyond the boundaries of the property in
which it is located; or,
e The lighting is fully recessed into a roof soffit, fully shielded, and is not visible be-
yond the boundaries of the property in which it is located; or,
• The lighting is otherwise approved in Section 27.575.150 (K):
I
(b) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be
prohibited. In addition, incandescent light sources including halogen shall not exceed
50 watts.
(c) All light sources that are not fully shielded shall use material other than a clear lens ma-
terial to enclose the light source. The point light source shall not be visible from adja-
cent properties.
City of Aspen Land Use Code. June,2005
Part 500,Page 90
i
(d) Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. of landscaped area
(as measured in a horizontal plane).
(e) Security lights shall be restricted as follows:
1. The point light source shall not be visible from adjoining lots or streets.
2. Flood lights must be controlled by a switch or preferably a motion sensor activated
only by motion within owners property.
3. Timer controlled flood lights shall be prohibited.
4. Photo-cell lights shall be allowed under the following circumstances:
a) At primary points of entrance (e.g. front entries) or in critical common areas
for commercial and multi-family properties;
b) where the light sources are fully-shielded by opaque material (i.e. the fixture
illuminates the area but is not itself visibly bright); and
c) the light source or fluorescent (or compact fluorescent) to eliminate excess
electricity consumption.
5. Lights must be fully shielded, down directed and screened from adjacent properties
in a manner that limits light trespass to .1 of a foot candle as measured at the prop-
erty line.
6. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade.
7. No light fixture shall be greater than 12 feet in height. Exceptions are:
(a.)Tree mounted fully shielded, downward directed lights using a light of 25 watts
or less, and
(b.)Building mounted flood lights fully shielded, downward directed lights using a
light,of 50 watts or less.
(c) Motion sensor lights may be permitted, but only where the sensor is triggered by
motion within the owner's property lines.
(d) Light trespass at property lines should not exceed .1 of a foot-candle as meas-
ured at the brightest point.
G. Reserved
K Exemptions. The following types of lighting installations shall be exempt from the provisions,
requirements, and review standards of this Section, including those requirements pertaining to Zon-
ing Officer review.
1. Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illu-
minated only between and including November 15 and March 1 shall be exempt from the
provisions of this Section, provided that such lighting does not create dangerous glare on
adjacent streets or properties, is maintained in an attractive condition, and does not consti-
i
tote a fire hazard.
City of Aspen Land Use Code. June,2005
Part 500,Page 91
. 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and
iwelfare including but not limited to traffic control devices, street lights, and construction
lighting.
3. Temporary Lighting. Any person may submit a written request to the Community Devel-
opment Director for a temporary exemption request. If approved, the exemption shall be
valid for not more than fourteen (14) days from the date of issuance of a written and signed
statement of approval. An additional 14 day temporary exemption may be approved by the
Director. The Director shall have the authority to refer an application for a temporary ex-
emption to the Planning and Zoning Commission or the Historic Preservation Commission
if deemed appropriate. A temporary exemption request shall contain at least the following
information:
a. Specific exemption or exemptions requested;
b. Type,use and purpose of outdoor lighting fixture(s) involved;
c. Duration of time requested for exemption;
d. Type of lamp and calculated lumens;
e. Total wattage of lamp(s);
f. Proposed location on premises of the outdoor light fixture(s);
g. Previous temporary exemptions, if any;
h. Physical size of outdoor light fixture(s) and type of shielding provided; and,
i. Such other information as may be required by the Community Development Department
Director.
4. Approved Historic Lighting Fixtures. Non-conforming lighting fixtures which are consis-
tent with the character of the historic structure or district may be exempted with approval
from the Historic Preservation Officer or Historic Preservation Commission. Approved fix-
tures shall be consistent with the architectural period and design style of the structure or dis-
trict and shall not exceed 50 watts.
5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers,
may be exempted from the fully-shielded requirement provided they do not exceed 50
watts.
6. If a proposed lighting plan or fixtures are proposed that do not meet this code but that have
demonstrable community benefit, an exemption may be considered. The applicant shall
submit additional information to adequately assess the community benefit for approval by
the Community Development Director.
L Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall
be prohibited in the City of Aspen.
1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where re-.
quired by building code.
City of Aspen Land Use Code. June,2005
Part 500,Page 92
2. Lighting for the purpose of illuminating a building facade shall be prohibited when such
lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures.
3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and
changing color lights and internally illuminated signs shall be prohibited, except for tempo-
rary holiday displays, lighting for public safety or traffic control, or lighting required by the
FAA for air traffic control and warning purposes.
4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color
- rendering qualities.
5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily in-
tended as an architectural highlight to attract attention or used as a means of identification
or advertisement shall be prohibited.
6. Unshielded flood lights and timer controlled flood lights shall be prohibited..
7. Lighting directed toward the Roaring Fork River or its tributaries.
8. No outdoor lighting may be used in any manner that could interfere with the safe movement
of motor vehicles on public thoroughfares. The following is prohibited.:
a. Any fixed light not designed for roadway illumination that produces direct light or glare
that could be disturbing to the operator of a motor vehicle.
b. Any light that may be confused with or construed as a traffic control device except as
authorized by State, Federal, or City government.
9. No beacon or.search light shall be installed, illuminated, or maintained.
10. Up-lighting is prohibited, except as otherwise provided for in this Section.
T. Nonconforming Lighting. Unless otherwise specified.within this ordinance, within one (1)
year of the effective date of this ordinance, all out door lighting fixtures that do not conform to re-
quirements of this ordinance must be replaced with conforming fixtures or existing fixtures must be
retrofitted to comply. Violations shall be corrected within 60 days of being cited. Until that time,
all existing outdoor lighting fixtures that do not already comply shall be considered legal noncon-
forming fixtures.
K. Review Standards.
1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above
grade in height. Special review by the Planning and Zoning Commission may allow lighting of
a greater height under the following circumstances:
I
City of Aspen Land Use Code. June,2005 j
Part 500,Page 93
(a)A fixture at a greater height is required due to safety, building design, or extenuating cir- r
cumstances in which case the light shall be fully shielded with a non adjustable mount-
mg; or
(b) Lighting for commercial parking and vehicle circulation areas may have a maximum i
height of 20 feet above grade and shall be fully shielded
2. Foot Candles. Outdoor Non-Residential (26.575.070), Sign (26.575.080), and Residential
(26.575.090) Lighting Standards shall not exceed the foot candles designated in their re-
spective sections. Special review by the Planning and Zoning Commission may allow light-
ing of a greater intensity under the following circumstances:
a. A fixture of a greater light intensity is required due to safety, building design, or ex-
tenuating circumstances in which case the light shall be fully shielded with a non ad-
justable mounting; or
b. An architectural or historical feature requires greater illumination, in which case the
light shall be fully shielded with a non adjustable mounting.
L. Procedures.
1. Administrative Review Procedures. Lighting plans submitted in conjunction with applica-
tions for subdivision, planned unit development, development within any environmentally
sensitive area, or special review application shall be reviewed by the Planning and Zoning
Commission.
2. Lighting plans submitted as a part of a building permit application for a commercial or / ,...
multi-family structure shall be reviewed administratively by the Community Development t
Director. The Director shall have the authority to refer an application to the Planning and
Zoning Commission or the Historic Preservation Commission if deemed appropriate.
3. Appeals. Any appeals related to decisions regarding outdoor lighting shall be made to the
Board of Adjustment compliant with the procedures in the Appeals Section 26.316 of this
Land Use Code.
(Ord. No. 47-1999, §1; Ord. No. 53-2003, §16,17,18,19,20)
26.575.160 Dormitory.
Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit
shall provide a minimum of one hundred fifty (150) square feet per person of net living area, in-
cluding sleeping, bathroom, cooking and lounge used in common. Standards for use and design of
such facilities shall be established by the city's housing designee.
I
26.575.170 Fuel storage tanks
i
City of Aspen Land Use Code. June,2005
Part 500,Page 94
D. Transitional Yards. Where two (2) lots which share a common side lot line are in different
zone districts, the lot in the more intensive zone district shall observe the required yard setback dis-
tance as established for the less intensive use zone district.
E. Non Aligned Lots. For any lot in the R-6 zone district in excess of nine thousand (9,000)
square feet which is not aligned along the traditional Aspen Townsite lot lines, the building inspec-
tor shall measure the side.yards from the two (2) shortest sides of the lot which are opposite from
each other and the front and rear yards from the two (2) longest sides of the lot which are opposite
from each other.
26.575.045 Junk Yard and Service Yards.
Junk yards (see definition, Section 25.104.100) shall be screened from the view of other lots, struc-
tures, uses and rights-of-way. Service yards (See definition, Section 26.104.100) shall be fenced so
as not to be visible from the street, and such fences shall be a minimum six (6) feet high from
grade. All fences shall be of sound construction and shall have not more than ten(10) percent open
area.
26.575.050 Fences.
Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet
above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter
26.410). Fences visible from the public right-of-way shall be constructed of wood, stone�wrouht
iron or masonry. On comer lots, no fence, retaining wall, or similar object shall be erected or main-
tained which obstructs the traffic vision, nor on comer lots shall any fence, retaining wall, or simi-
lar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured
from street grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing pro-
posed construction, material, location and height shall be presented to the building inspector before
a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that
it will not obstruct vehicular visibility at intersections. (Ord.No. 55-2000, § 16)
26.575.060 Utility/Trash/Recycle Service Areas.
A. General The following provisions shall apply to all utility/trash service areas:
1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along
and accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash
service areas shall be fenced sous not to be visible from the street, and such fences shall
be six (6) feet high from grade. All fences shall be of sound construction and shall be no
less than 90% opaque.
City of Aspen Land Use Code. June, 2005
Part 500,Page 71
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MEMORANDUM 0
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Project: 507 Gillespie
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From: John Rowland
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Project Description: 0
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507 Gillespie is Lot B, a vacant lot created in 2001 as part of a two lot subdivision known as the Beck Historic W A
Landmark Lot Split. It is located at 507 West Gillespie Avenue in a R-6 residential zone district. The lot was first 0 ?
created in 2001 with 4,572SF of land area but was adjusted to 5,086SF through a lot line adjustment recorded in w V
March of 2011. As part of both the Lot Split in 2001 and the Lot Line Adjustment in 2011, the lot has right by W
zoning for a maximum allowable floor area of 2,840SF.
In 2007, HPC granted approval for a single-family residence and detached garage with ADU below (HPC
Resolution No. 35 of 2007). The vested rights for the 2007 approvals have been extended until 9 September
2013 (City Council Resolution No. 88 of 2010).
Lot B is a typical flat narrow lot in the West End Neighborhood. The historic house for which this lot split
occurred is to the west. The lot is across the street from the music tent parking lot.
This application is asking for a Substantial Amendment to the Certificate of Appropriateness for a Major
Development. This memo outlines the differences between the 2007 approval and the proposed modifications.
The proposed single-family house is traditional with modern detailing. The house design is respectful and
subservient to the historic house to the west and takes design cues from the historic minors cabins found in the
neighborhood. The house is being planned to be 500SF less than the allowable floor area (2,340SF instead of
2,840SF).
26.412 Residential Design Standards
All of the design standards outlined in this section of the Land Use Code have been met.
26.415.070.E.2 Amendment to Certificate of Appropriateness for Major Development
The proposed single-family house has been modified from the existing approval in the following manner.
Chapter 11, New Buildings on Historic Landmark Lot Splits guidelines have been adhered to and the proposed
house is compatible in scale, site relationship and style to the historic resource.
1. Site Plan—The proposed house has a smaller footprint and less floor area (500SF).
2. Front Elevation (North Elevation)—The front porch with front door is in the same location. There is a
gable form facing the street also in the same location relative to the front door and the neighboring
historic structure. The proposed gable volume (overall height) is V-5" less tall the approval.
3. Massing—The proposed house massing is less large than the approval. The proposed house has has
one gable running north-south and a flat volume to the west that is significantly shorter. The approved
Page 1 of 2
rowland+broughton
architecture and urban design
house has two gables at the same ridge height, creating a much larger mass to the street and in
relationship to the historic structure.
4. Fenestration—The proposed house has punched openings facing the street, which is a historic
vocabulary seen throughout the neighborhood. The approved house fenestration has banded windows
and non-traditional reverse dormer on the front elevation.
5. Materials -The proposed house gable volume will be clad in painted horizontal clapboard siding in
varying heights. The flat volume will be clad in vertical painted siding. The siding will have modern
detailing conveying stylistic trends of today. The approved house had similar wood siding.
Please see the attached drawing outlining the front elevation of the approved house next to the historic
resource compared to the proposed house in this application next to the historic resource.
Page 2of2
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ATTACHMENT 2 - Historic Preservation Land Use Application
APR 4 7013
CITY OF ASPEN
CG'MW ITY OEVROP 'EN',
PROJECT:
Name: &IIIes le
Location: !E- W. (p j ( r, 4 SV.
A5pem , CID
(Indicate street address, lot&block number or metes and bounds description of property)
Parcel ID# (REQUIRED) Z -3 Cj Z 1
APPLICANT:
Name: 0-061 'f' Ll VTV Vi fUy�
Address: gy 1211 j" S Aw
Phone#: -C1�j ( 0 Fax#:
REPRESENTATIVE:
Name: ,e
Address:
Phone#: Fax#: E-mail:
TYPE OF APPLICATION: lease check all that apply):
❑ Historic Designation ❑ Relocation(temporary, on
❑ Certificate of No Negative Effect ❑ or off-site)
❑ Certificate of Appropriateness ❑ Demolition(total
❑ -Minor Historic Development demolition)
-Major Historic Development ❑ Historic Landmark Lot Split
❑ -Conceptual Historic Development
❑ -Final Historic Development
-Substantial Amendment
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.)
am eh Ii i lot. ec t�oh �1 tI PG cy L4-Y� �av nm- b v i/f Guv sc
wo-S qw4,Kvu en w _Resbtuh;N #35 s�,a s
PROPOSAL: (description of proposed buildings,uses,modifications, etc.
i .Q b0A Amu ca SSi
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Aspen Historic Preservation
Land Use Application Requirements, Updated:May 29,2007
,s
DEPARTMENT COMMUNITY DEVELOPMENT
Agreement to Pay Application Fees
Anagreement between the City of Aspen ("City") and
Property �1_0 14 K Ple-W (AiVt +_ Phone No.: ORD -*3 01611 a
Owner(°I"): �U Email ,okKa)VFW 1A*14bV6VJk15N
Address of r2 - W Address:
(subject n) � C,D g( (p(( (send bills here) f g
application) �
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$ flat fee for $ flat fee for
$ flat fee for $ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ 1.q 50.00deposit for�_hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$315 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner:
'('(i
Chris Bendon —T�h
Community Development Director Name: �
City Use: i C ;�; ,CU Title: 1 �/l�/l�//,C,,4 �A,�I I L�4� ��.. /
Fees Due: $ _> Received: $ 1 i �� �ra„ ��yvr�'ll N�^� ��
November. 2011 City ol'Aspen I 130 S. Galena St. 1 (970) 920-5090
CITY'-OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie, (970) 429-2758 DATE: 1.22.13
PROJECT: 507 W. Gillespie
APPLICANT: Sarah Broughton and John Rowland
DESCRIPTION: HPC granted final design approval for a new house at 507 W. Gillespie through
Resolution #35, Series of 2007. The project has not been built and the applicant may wish to change
the architecture in terms of form and materials. This is a Substantial Amendment which must be
reviewed by HPC at a public hearing. HPC must determine that the revised project still meets the
historic preservation design guidelines and the Residential Design Standards, which are applicable to
all of town. For ease of review, the application for Substantial Amendment approval by HPC should
clearly identify all aspects of the project that are to be changed.
Vested Rights for the project expire on September 9, 2013. If a building permit application is not
submitted by that time, the project will be subject to any new land use regulations that have been
adopted. In particular, the affordable housing mitigation in the form of an ADU below the garage will
likely have to be revised.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.412 Residential Design Standards
26.415.070.E.2 Amendment to Certificate of Appropriateness for Major Development
Land Use Code (including all code sections cited above):
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-
Land-Use-Code/
HPC Design Guidelines:
http://www.aspenpitkin.com/Departments/Community-Development/Historic-Preservation/Historic-
Properties/
HPC application:
http:Hwww.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%20Historic%20L
and%20Use%20App%20Form.pdf
Review by: Staff for completeness, HPC for review
Public Hearing: Yes, at HPC.
Referral Agencies: None.
Planning Fees: $1,950 deposit for up to 6 hours of review (additional billable hours, or
hours to be refunded will be at the rate of $325 per hour)
Referral Agency Fees: None
Total Deposit: $1,950
1
To apply, please submit 1 copy of:
• Signed fee agreement with payment.
• Applicant's name, address and telephone number in a letter signed by the applicant which
states the name, address and telephone number of the representative authorized to act on
behalf of the applicant.
• Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, 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.
• List of adjacent property owners within 300' for public hearing
And 12 copies of:
• An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
• Site improvement survey including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel certified by a registered land
surveyor, licensed in the state of Colorado.
• Final drawings of all proposed structures(s) and/or addition(s) included as part of the
development at 1/4" = 1.0' scale.
• Landscape plan.
• An accurate representation of all major building materials to be used in the development,
depicted through samples or photographs.
• 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. Please include existing conditions as well as proposed.
Applicants are advised that building plans will be required to meet the International Building Code as
adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure
that your application submittal addresses these building-related and accessibility regulations. You
may contact the Building Department at 920-5090 for additional information.
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.
ATTACHMENT 3 - Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
Project: 1507- 4,i e /e�
Applicant: Orb- W +c 11 (i�1/
Project
Location: 50
Zone �p
District: Ili"6
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: N A Proposed: A)1,4
Number of residential units: Existing: A 1 AY Proposed: 1
Number of bedrooms: Existing:�(//,C} Proposed.
Proposed % of demolition:_
DIMENSIONS: (write n/a where no requirement exists in the zone district)
Floor Area: Existing: /V ,q Allowable: Proposed:
Heiaht Bldg.: Existing: Allowable: ZS� Proposed: Zq�"(0'r
Accessory Bldg.: Existing: Allowable: 1,0 O Proposed: 14 '$n
On-Site parking: Existing: Required: O Proposed: 3 ( oa F*Amg
% Site coverage: Existing: Required: No t, m rr Proposed: 40'/.
% Open Space: Existing: Required: 0 Proposed:
Front Setback: Existing: Required: 10 Proposed: (l'-D"
Rear Setback: Existing: Required: 5 Proposed. 5''1"INid
Combined Front/Rear:
Indicate N, S, E, W Existing: Required: Proposed:
Side Setback: E Existing: Required: 5' Proposed: V-2"
Side Setback: W Existing. Required: 51 Proposed: 6'-11"
Combined Sides: Existing: Required: 10# Proposed.
Distance between Existing: Required: 5 Proposed: 2,
buildings:
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
Variations requested (identify the exact variances needed):
Aspen Historic Preservation
Land Use Application Requirements,Updated:May 29,2007
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
X ❑ 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? Lj yl p w CfVLS --1-v ctin&n
❑ 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: /`//14
❑ Rehabilitation Loan Fund ❑ Conservation Easement Program ❑ Dimensional Variances ❑
Increased Density ❑ Historic Landmark Lot Split ❑ Waiver of Park Dedication Fees ❑
Conditional Uses ❑ Exemption from Growth Management Quota System ❑ Tax
Credits
Aspen Historic Preservation
Land Use Application Requirements,Updated:May 29,2007
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23 March 2013 � °
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Amy Guthrie ° C) o
Historic Preservation Officer of Community Development =°
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City Hall a ro °'
130 S. Galena Street I* o f
Aspen, CO 81611
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PROJECT.• 507 Gillespie W
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SUBJECT.- Applicant Authorization 0 °° `°
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CC: N/A
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Dear Amy W
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This letter acts as the applicant authorization for 507 Gillespie project. We are the owners of this (D W
property and will be representing ourselves through the Land Use Transferrable Development Rights J W
application and the Historic Preservation Substantial Amendment application. C"
Property:
507 W. Gillespie St.
Aspen, CO 81611
(Parcel #273512111007)
Applicant and Representative:
John Rowland, AIA + Sarah Broughton, AIA
Rowland+Broughton Architecture and Urban Design
234 E. Hopkins St.
Aspen, CO 81611
970-544-9006 office
970-379-9910 John cell
970-379-0111 Sarah cell
Signed,
John**e
Sarah Broughton, AIA
Page 1 of 1
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architecture and urban design 5 m-a
TRANSMITTAL
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Project: 507 Gillespie O
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Subject: Application for Amendment to Certificate of Appropriateness for Major o o
Development 0 0 CO
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Date: 03 April 2013 ° 1
To: Amy Guthrie
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From: John Rowland o A
Via: Hand
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: W O
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Attachments: See Below 0 W
If you do not receive all attachments listed above please call immediately. o 0
Cc. W A
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Attachments: W
• Pre-Application Conference Summary 1.22.13
• Signed fee agreement with payment
• Applicant representative authorization letter
• Title insurance company current certificate
• List of adjacent property owners within 300' for public hearing
• (12) 8 1/2"x11" vicinity maps
• (12) Site improvement surveys
• (12) Final drawings outlining building materials (samples will be brought to hearing)
• (12) Landscape plans
• (12) Written descriptions
Easy Peel®Labels i ♦ Bend along line to AVERY® 51600
Use Avery®Template 51600 Peed Paper ® expose Pop-up EdgeTM j
515 GILLESPIE LLC 600 NORTH STREET LLC AMERY SALADIN
PO BOX 10129 1427 CLARKWEW ROAD#500 619 N FOURTH ST
ASPEN, CO 81612 BALTIMORE, MD 21209 ASPEN, CO 81611
ASPEN FAMILY INVESTMENTS LLC ASPEN INSTITUTE INC CHRIST EPISCOPAL CHURCH
8401 VISTA LN 1000 N THIRD ST 536 W NORTH ST
PRESCOTT,AZ 86305 ASPEN, CO 81611 ASPEN, CO 81611
COLLINS CHARLES&JANICE S DURAND LOYAL III DR& BERNICE EBRAHIMI FRANCESCA
531 W GILLESPIE ST BLACK 619 N FOURTH ST
ASPEN, CO 81611 415 PEARL CT ASPEN, CO 81611
ASPEN, CO 816111256
ELLIOTT ELYSE A TRUST FALENDER STEVEN & DEBRA FELDER RICHARD& DEBORAH LIV
610 NORTH ST 603 W GILLESPIE ST TRUST
ASPEN, CO 81611 ASPEN, CO 81611 11498 E CAROL WAY
SCOTTSDALE,AZ 85259-2620
FOX SAM& MARILYN FRAZER WILLIAM R&JANE Z TRST GOLDSMITH JOHN & BARBARA L
7701 FORSYTH BLVD 433 W GILLESPIE 733 25TH ST
CLAYTON, MO 63105 ASPEN, CO 81611 SANTA MONICA, CA 90402-3143
KOLBE EMILY E LEWIS ADAM J TRUST MONTENEGRO GRACE LLC
C/O HOOTENANNY LLC 500 S DIXIE HWY#201 444 MADISON AVE 4TH FL
205 S MILL ST#226 CORAL GABLES, FL 33146 NEW YORK, NY 10022
ASPEN, CO 81611
MUSIC ASSOCIATES OF ASPEN INC NITZE WILLIAM A NORTH 4TH STREET ASSOC
225 MUSIC SCHOOL RD 1537 28TH ST NW PO BOX 7943
ASPEN, CO 81611 WASHINGTON, DC 20007 ASPEN, CO 81612
ODOM JOHN A JR FAM TRUST 50% PETERSON JAMES D& HENSLEY R RICHARDS ANN K
ODOM LORRIE FURMAN QPRT 50% PO BOX 1714 1537 28TH ST NW
11490 W 38TH AVE ASPEN, CO 81612 WASHINGTON, DC 20007
WHEATRIDGE, CO 80033
SALTER JAMES SMALL ALBERT H JR STUNDA STEVEN R
500 NORTH ST 7311 ARROWOOD RD 602 N 4TH ST
ASPEN, CO 81611 BETHESDA, MD 20817 ASPEN, CO 81611-1212
UHLFELDER NAOMI VANDERAA GILBERT T III WEST NORTH ASPEN LLC
111 EMERSON ST#1841 C/O HOOTENANNY LLC 4049 PENNSYIVANIA AVE#400
DENVER, CO 802183792 205 S MILL ST#226 KANSAS CITY, MO 64111
ASPEN, CO 81611
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' Ma a Cuslom Flelds Rouhng Status Fee Sum ay Actions Routing History
..Permit type ahpc Aspen
Historic Land Use Permit# X3012 2013 AHPC
Address 507 W GILLESPIE Apt"Sud
City;ASPEN State.CO Zpj81611
)._Permit Information _
Master permit ! Routing queue asIu07 Applied 04/04/2013
Protect. Status pending Approved.
...." .........._____. ........ ....._
Descripton SUBSTANTIAL AMENDM ENT TO MAJOR HPC DEVELOPMENT Ias ed
3 Cbsed/Final
..... ....... ....... __ ...
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Submitted JOHN ROWLAND-379-9910 clock R Wing j Days _ 0 E p :03/30/2014
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ALTA Commitment For Title Insurance
VYES'T'COld
LAND TITLE INSURANCE COMPANY
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3RDFLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-FAX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:
TITLE MATTERS: CLOSING MATTERS:
Kim Shultz - (kim @sopris.net) TJ Davis - (tjd @sopris.net)
Joy Higens - (joy @sopris.net)
Issued By
WESTCOR
LAND TITLE INSURANCE COMPANY
Home Office:
201 N.New York Avenue,Suite 200
Winter Park,FL 32789
Telephone(407)629-5842
WESTCOR
LAND TITLE INSURANCE COMPANY
ALTA Commitment Form (6-17-06)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
Westcor Land Title Insurance Company, a California Corporation,("Company'),for a valuable consideration,
hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the
land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company.
All liability and obligations under this Commitment shall cease and terminate within six (6) months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that
the failure to issue such policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws
on the date shown in Schedule A.
Issued By: WESTCOR LAND TITLE INSURANCE COMPANY
p yy By: C I�aty'�K/%A
�' Wectcnr
Land TiOe wit It'.till�t=Ill
o• Insurance Q .�
9 Attest:
-T Secretary
Countersigned:
Authorized Signature
CO1045 * *
Pitkin County Title,Inc.
601 E.Hopkins#3
Aspen,CO 81611
CONDITIONS AND STIPULATIONS
1. The term"mortgage", when used herein, shall include deed of trust, trust deed or other security instrument.
2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any
such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from
liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated
in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions
and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a
part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a
report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have
or may bring against the Company arising out of the status of the title to the estate or interest or the status of
the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of
this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000.00 or
less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review
a copy of the arbitration rules at http://Www.alta.org.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 16, 2013 at 8:00 AM Case No. PCT23649W3
2. Policy or Policies to be issued:
(a)ALTA Owner's Policy-(6/17/06) Amount$ 2,300,000.00
Premium$2,345.00
Proposed Insured: Rate: Re-Issue
JOHN ROWLAND and SARAH BROUGHTON
(b)ALTA Loan Policy-(6/17/06) Amount$ 1,725,000.00
Premium$ 125.00
Proposed Insured: Rate: Companion
TO BE DETERMINED
(c)ALTA Loan Policy-(6/17/06) Amount$
Premium$
Proposed Insured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
507 W GILLESPIE, LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT B,
GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, recorded March 29, 2011 in
Plat Book 96 at Page 60.
PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS,ASPEN,CO.81611 This Commitment is invalid
970-925-1766 Phone/970-925-6527 Fax unless the Insuring
877-217-3158 Toll Free Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
SCHEDULE B-SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b)Proper instrument(s)creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
1. A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and
retained by the Company
2. Release of the lien for common assessments against 507 W GILLESPIE LLC, in the amount of$1492.04
recorded March 13, 2012 as Reception No. 5873.81 and lien_ recorded December 21, 2012 as Reception
No. 595136.
3. Copy of the Registration duly stamped by the Secretary of State of the State of COLORADO evidencing
registration of 507 W GILLESPIE, LLC and Statement of Authority and a copy of the Operating Agreement
of 507 W GILLESPIE, LLC evidencing the names and addresses of the Members and/or Managers
authorized to act on behalf of said Limited Liability Company.
4. NOTE: A Statement of Authority for 507 W Gillespie LLC was recorded June 21, 2011 as Reception No.
580665.
5. Duly executed and acknowledged Deed,
From : 507 W GILLESPIE, LLC, A COLORADO LIMITED LIABILITY COMPANY
To : JOHN ROWLAND and SARAH BROUGHTON
6. Deed of Trust from : JOHN ROWLAND and SARAH BROUGHTON
to the Public Trustee of the County of PITKIN
for the use of : THE LENDER TO BE INSURED HEREUNDER
to secure : $1,725,000.00
7. 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.
8. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be
recorded)
9. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons,
corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to
be recorded)
10. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required
by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in which the property is situated)
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien,for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June
8, 1888 in Book 55 at Page 2.
8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 20, Series of 2001
by Aspen City Council recorded August 13, 2001 as Reception No. 457449.
9. Terms, conditions, provisions and obligations as set forth in City of Aspen Ditch Relocation and Easement
Agreement recorded August 13, 2001 as Reception No. 457473
10. Terms, conditions, provisions and obligations as set forth in Subdivision Exemption Agreement for the
Beck Historic Subdivision and Historic Landmark Lot Split recorded August 13, 2001 as Reception No.
457474
11. Easements, rights of way and all matters as disclosed on Plats of subject property recorded August 13,
2001 in Plat Book 58 at Page 40 and recorded March 29, 2011 in Plat Book 96 at Page 60.
12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning
and Zoning Commission recorded December 10, 2001 as Reception No. 461617 as Resolution No. 1-19,
Series of 2001 and Resolutions of the Aspen Historic Preservation Commission recorded February 8,
2002 as Reception No. 463767 as Resolution No. 34, Series of 2001 and recorded October 24, 2002 as
Reception No. 473890 as Resolution No. 25, Series of 2001.
13. Terms, conditions, provisions and obligations as set forth in Easement for the Si Johnson Ditch recorded
July 28, 2004 as Reception No. 500141
14. Terms, conditions, provisions and obligations as set forth in Agreement Regarding Setbacks recorded July
28, 2004 as Reception No. 500145
15. Terms, conditions, provisions and obligations as set forth in Resolutions of the Aspen Historic
Preservation Commission recorded April 27, 2007 as Reception No. 537081 as Resolution No. 10, Series
of 2007 and recorded October 11, 2007 as Reception No. 542977 as Resolution No. 35, Series of 2007.
16. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded March 29, 2011
as Reception No. 578719
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS-(Continued)
17. Encroachment of fence on East and West sides of subject property and all matters as disclosed by
Improvement Survey Plat of Tuttle Surveying Services dated December 6, 2012.
ENDORSIIENT SCHEDULE FOR LENDERS°POLICY
FILE NO: PCT23649W3
BORROWER: JOHN ROWLAND and SARAH BROUGHTON
The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced
above:
Form: $
Form: $
Form: $
Form: $
Form: $
Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final
title policy.
The fee for deleting exceptions 1 thru 3 is$50.00.
The fee for deleting exception 4 is$10.00 for Residential Property and$25.00 for Commercial Property.
Exception Number 5 will be deleted upon recordation of the documents called for on the Requirement Page.
Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon
evidence satisfactory that the Taxes for prior years have been paid in full.
NOTE:A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and
materialmens liens, executed by the borrower and any additional parties deemed necessary by the
Company. The company hereby reserves the right to make additional requirements as may be deemed
necessary in the event additional facts regarding development, construction or other building or work are
disclosed to the company that may fall within any lien period as defined in the Statues of the State of
Colorado, and may result in additional premiums and/or fees for such coverage and any additional
requirements deemed necessary by the Company.
The Company hereby reserves the right to deny any of the above coverage's at its sole discretion.
ENDORSEMENT SCHEDULE FOR OWNERS POLICY
ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23649W3
SELLER:
507 W GILLESPIE, LLC, A COLORADO LIMITED LIABILITY COMPANY
BUYER:
JOHN ROWLAND and SARAH BROUGHTON
The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above:
ENDORSEMENTS: For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy.
The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is$50.00
A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse
claims, or other matters known by Seller and Buyer.
The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event
information regarding defects, liens, encumbrances, adverse claims, or the like are discovered.
The fee for deleting exception 4 is$10.00 for Residential Property and$25.00 for Commercial Property.
Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this
commitment.
Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence
satisfactory that the Taxes for the prior year(s) have been paid.
NOTE:A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens
liens, executed by the seller and any additional parties deemed necessary by the Company. The company
hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts
regarding development, construction or other building or work are disclosed to the company that may fall within any lien
period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such
coverage.
NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by
the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS)
ADDITIONAL INFORMATION
AND DISCLOSURES
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. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
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 condominium 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 or loan 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 or other appropriate research will be ordered from the County Treasurer/Assessor 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.
Pursuant to House Bill 01-1088(CRS 10-11-123)
If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10-11-123(HB 01-1088), this is to advise:
(a)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 owners'
permission.
NOTE: The policy(s)of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request,the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be
insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic
or materialmen's liens shall be deemed void and of no effect.
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources:
• Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
Notice of Privacy Policy
of
Westcor Land Title Insurance Company
Westcor Land Title Insurance Company("WLTIC")values its customers and is committed to protecting the privacy of
personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will
ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes
to safeguard that information.
Who is Covered
We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this
means that the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic
personal information directly from the customer, from customer-related transactions, or from third parties such as our title
insurance agents, lenders, appraisers, surveyors or other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform
their jobs. These employees include,but are not limited to,those in departments such as legal,underwriting,claims
administration and accounting.
Information Sharing
Generally,WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing
agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the
consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a
joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as
WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC,however, may share
information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud.
Information Security
WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and
has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural
safeguards in compliance with federal standards to protect that information.
The WLTICPrivacy Policy can also be found on WLTIC's website at www.wltic.com.
AMERICAN LAND TITLE
ASSOCIATION
COMMITMENT 6-17-06
WESTCOR
LAND TITLE
INSURANCE COMPANY
COMMITMENT
FOR
TITLE INSURANCE
HOME OFFICE
� 201 N. New York Aaenuc. Suite 200
Winter Park, Florida :32789
Telephone: (407)629-5842
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK-ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2021 012 333
REFERENCE:PCT23649W3/JOHN ROWLAND and SARAH BROUGHTON