Council approves TDR certificate to preserve historic house at 406 W. Smuggler Street

The Aspen City Council voted June 23 to approve Ordinance 12 (series of 2026), creating one transferable development rights (TDR) certificate for 406 West Smuggler Street to help finance preservation of a small historic building on the lot.

Planning Director Dan Folk outlined the criteria for issuing a TDR: the sending site must be a designated historic resource, the proposed action must not create nonconformities, and a deed restriction is required to permanently remove the conveyed floor area from the sending property. Kim Raymond, the applicant's representative, described the preservation approach: a miner's cabin on the site will be preserved while a duplex is sited behind it using a light well exemption and existing floor-area calculations. Raymond and Folk said the Historic Preservation Commission recommended approval and the applicant acknowledged, in writing, that a severed TDR is permanent.

Council had no public comment on the item and moved to approve the ordinance. After a roll-call vote the ordinance passed with all members voting yes. Staff noted the administrative step at closing: the deed restriction is recorded and the city issues the TDR certificate upon real estate closing, and owners are required to report TDR transactions to the city with valuation information.

Why it matters: the TDR provides a financing mechanism to preserve a designated resource on a constrained lot while allowing limited new housing to be built behind it. The deed restriction requirement is intended to make the preservation outcome permanent.

What’s next: recording of the deed restriction and issuance of the TDR will occur at real estate closing; Planning will track conveyances as required by city code.