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Home My WebLink AboutLand Use Case.CU.205 S Galena St.A2-90��,� � �-�� Or�1• � Serias o� i4�o C��tN� ��v�� ,� CI ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 (�� p . p 0 CL p �rrL� V FZ,#-k'i �`Q � AOL� LAND USE APPLICATION City FEES 92 -y 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS Cs� 4y0 -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING •dU SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL xU .0 U Name: Phone. Address: Project: Check # Date: Additional billing: #of Hours: In RAM FP FOUND " xC S, GG' E . 0.1.7 TO RECORD BL-CCK CCR. CERTIFICATION E. HOPKINS AVE. LIGHT- � 7 4't CUrzB N `O VL�,LV E ®—��OVEPHANG TYP ❑ -- l_ JI PA.vEl7 �tO.Z�ClaL.C.. WALK N.-15-0q' I I" W. GO,Z7)l ALLEY BLOCK 88 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED DURING 1989 ON THE GROUND OF THE PROPERTY LEGALLY DESC;:IBED HEREON. AND IS CORRECT BASED'ON THE FIELD EVIDENCE SHOWN 0-4 THIS PLAT AS FOUND_ AND THAT. THERE ARE r10 DISCREPANCIES. CONFLI;TS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMER:S. OVERLAPPING OF 1`3 ROVE P'ENTS. CAS;EMEhIS 3R RIGHTS OF WAY IN =IELD EVIDENCE OR !:"TOWN !-0 ME. EXCEPT 4+S HEREON SHOWN. UNDER[=:OUND UTILITIES WITH NO ABOVEGROUND VALVE BOXES. MANHOLES. OR C'HER APPURTENANCES. A:,D DOCUMENTS OF RECU,:D NOT 'SUPPLIED TO THE SU-AVEYOR ARE EXCEPTED. :,ATED THIS DAY C = -------------------------------- jOHN HOWORTH P.R.L.S. '25947 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT_ MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. r:�)I< 478 (o� 5C�6 i BRICK WAU ON W . F_ + AND N. O.1'± OF' F� N -75- Cq, I I" W.) —� HIATUS WEST S OF YHrc' UTH ac), OF LOT p LEEa'EFID il�iD NOTES CALLS IN ( ) RECORD OF-ICAL CITY OF ASPEN PLAT SNOW ON 9ROUPW AT TIM: OF SURVEY 2/84 CORO"S TO BE SET 0 COMITIONS PERMIT BUILDINE: GRATE. COLLWSI#S. BAY WrkDOMS AND OVERHANGS ENCROACH INTO THE R.O.N.'S OF S. MIL_ ST. AND E. HOPKINS AVE. AS SHOWN NO ENCROACHMENT LICENSE SAOM ON TITLE COMMITMENT. LAWYERS TITLE INSURANCE CORFUTATIONf COMMITMENT FOR TITLE CASE NO. PCT-2957. DATED-. 1/03/39 WAS USED IN THE PREPARATION OF THIS SURVEY. CALLS IN I REFER TO INFORMATION PROVIDED BY THIS COMMITMENT. BEARINGS BASED ON THE NORTHEAST CORNER ELOCf: 88 (ALUM. DISK: 1ts129) AND THE WITN S3 CONS TO THE NORTHEAST CORNER BLOCK 81 (P-K IN STREET) N-66 57 3'M. 346.51 FEET. 0-7t I N F� (O.Z'± OVER F? IMPROVEMENT SURVEY HAR l,,ZY BALC/W I N The North 80 feet of Lcts A, B and C, E10ck S6, City and Townsite of aspen (excepting that portion of said Lot C conveyed by Quit Claim Deed recorded in Book 287 at Page 425 of Pitkin County Records) And a Parcel described as: Beginning at Corner No. 1 which is the Southeast corner of Lot D in Block 88 of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said Block thence running along the South Boundary of Lot D in a Westerly direction a distance of 24 feet to Corner No. 2, thence running in a Northerly direction parallel to the West Boundary of said Lot D a distance of .20 feet to Corner No. 3, thence running in an Easterly direction parallel to the South Boundary of said Lots D and E a distance of 41 feet to Corner No. 4, thence running in 'a Southerly direction parallel to the East boundary of said Lot E a °15«-,a+ce of 20 feet to Corner No. 5, thence running in a Westerly direction along the South Boundary of said1hot E a distance of 17 feet to Corner No. 1, the place of beginning; and The South Twenty (20) feet of the East Thirteen (13) feet of Lot lettered "E" in Block E8, City and Townsite of Aspen; and The South Twenty (20) feet of the East Twenty Five (25) feet of Lot lettered "D" in Block E8, City and Townsite of Aspen. �:CrrA't-hNG ' 6,3ZA t 5. F CITY ANr TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OFTLORADO 3 PREPARED $Y Aspen Survey Engineers, Inc. 210 S. GALENA ST, P• 0. BOX 2506 ASPEN, COLCRA00 81612 (303) 925.-33i6 JOB NO. 19022 I JE Otr-- Sx11�7TNJC1 t::�'l- AU I - A LLEY- SITE PLAN -- jg I O �`(F-- K ��GIAT�� AP�GH 416 N ` tAI�1 AUK # 205 A1-5FeE-NJ, C4 81(aI 3�-q25-714q THF- L-A � E� FU LID(�J q 1:)1N I N Ot5�v' 13y, wAYr� -�-F t�bjL550 30g q25-84t06 4�pNT!Dr-5 a BASENAENT LEVEL FLOOR PLAN FIRST LEVEL FLOOR PLAN q AI�G H IT�GT� 15 HYMA AV15 -W205 ► J, CO, a G I I �U3- ,925 - -71,4 q THE LANE BUILDING Fo � L.)W I I� Aee oGIATt�6� WAYN 1!� pCOL LSEN �03-q25- ;4 6G BHT 2 or 5. E r SECOND LEVEL FL OOR PLAN 4 ., THIRD_ LEVEL FLOOR PLAN 114 i /\ F�C H i T'FC,72�2 # 20 5 (�). 61 1 303-925-71q q THE5 L ID-Vi/1l__^. - re�ic�N �Y \�VF�YNE �ouL�� HT3 0$::-6 I 0 WEST ELEVATION SOUTH ELEVATION 14= i ,_o T �51Nr WA L L i NORTH ELEVATION EAST ELEVATION # 205 -52 3 925 - 7149 THE LAt\JE EIAUILf:)) NCa PA LbV\/I Q i WAYN r FOU LION I�IIJG {� 925 84 G 6 : Ica H-T O r- )sNC-tFt-�T �IvA�-L- F3RAND BUI LDI LANE BUI LDIW,:4 BEHIND SCULPTURE GARDEN P,L1�I N� 13AN I� GOLLIN5 BLOCK HOPKI NS AVE. STREET ELEVATION VYE:R JAf, OCIAT Af2CH IrMC13 416 E. W M ANJ AVE � 205 A�nEN, CD 81(oli 3a3- 1725- 719q THE LAI`JE E UILP NQ P=OR �PA L DW I N AC250CIA75s br-ov-lc-, N I3Y �aAYN F FOUU�EQ �,H-r 05 or* 5 1 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 1 8 90 PARCEL ID AND CASE NO. DATE COMPLETE: 9 2737-073-39-001 & 094 A2-90 STAFF MEMBER: PROJECT NAME: Collins Block GMOS Exemption, Special Review and Lot Line Adjustment Project Address: 205 S. Galena Street Legal Address: APPLICANT: Harley Baldwin Applicant Address: 205 S. Galena Street, Aspen, CO 81611 REPRESENTATIVE: Joe Wells Representative Address/Phone: 130 Midland Park Place, F-2 Aspen, CO 81611 5-8080 —_--_=__=_-----_-- PAID: YES NO. AMOUNT: $1,780. NO. OF COPIES RECEIVED: 2 r'P Cp: �.�.--._.. L' 1.� �2�= TYPE OF PPLICATI N: 1 STEP: STEP: �_ P&Z Meeting Date ! G PUBLIC HEARING: a4�0, VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES � VESTED RIGHTS: YES N Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney �i City Engineer — Housing Dir. i Aspen Water City Electric Envir. Hlth. Aspen Consol. S.D. DATE REFERRED: Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center �O 'y C:) INITIAL School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other -------------------------=------------------------------------- ------------------------------------------------------------ -- FI�ROUTING: DATE ROUTE ". INITIAL: a&' i City Atty w''City Engineer ` Z9ning Env. Health ,,L- Housing Other: FILE STATUS AND LOCATION: 0 • VI, K CITY OF ASPEN y 130 south galena sreet aspen, Colorado T1611 303-925-2020 MEMORANDUM DATE: December 18, 1990 TO: Mayor and City Council FROM: Jed Caswall, City Attorney",I RE: Collins Block Lot Line Adjustment Plat Recordation Time Waiver. This matter is on your consent agenda at the request of the owner of the Collins Block seeking a waiver of the 180-day plat recor- dation requirement as set forth in Section 7-1005E of the Land Use Code (see attached letter). On March 26, 1990, Council adopted Ordinance No. 12 granting certain subdivision development approvals for the Collins Block, including condominiumization and a lot line adjustment. Per Section 7-1005E, "failure on the part of the applicant to record the plat within a period of 180 days following approval by the city council shall render the plat invalid and reconsideration and approval of the plat by the commission and city council will be required before its acceptance and recording, unless an exten- sion or waiver is granted by city council for a showing of good cause." In this instance, the applicant failed to prepare and record the new plat reflecting the lot line adjustment by the September 24th deadline. (There is no deadline for filing a plat reflecting a condominiumization.) As noted above, Council may extend or waive the 180-day recorda- tion deadline. While the applicant here has asked for a waiver, it would seem that the better practice would be to grant an extension instead of wavier so that a date certain for getting a plat recorded is established. Since the applicant failed to seek the extension during the original 180-day recording period, a new deadline will have to be made retroactive to the original expira- tion date. In conjunction with the applicant's request for a recordation extension, several encroachment issues can be resolved and incorporated into the new plat. • El Memorandum to Mayor and City Council December 18, 1990 Page 2 In line with the applicant's request, I have prepared a resolu- tion for your adoption retroactively extending the plat recorda- tion time from the initial date of September 24, 1990, to and until March 22, 1991. This will allow for the applicant to meet with the Engineering Department to insure an accurate delineation of all encroachments on the new plat. A written subdivision exemption agreement will also be prepared and executed during the new time period. EMC/mc Attachment cc: City Engineer Planning Director RONALD GARFIELD* ANDREW V. HECHT** ROBERT E. KENDIG MICHAEL J. HERRON*** LANE ELLEN HAMILTON CATHERINE H. McMAHON**** ,mo admitted to New York Bar ""also admitted to District of Columbia Bar -also admitted to Florida Bar 0• also admitted to 111mois Bar HAND DELIVERY Edward M. Caswall City Attorney 130 South Galena Aspen, CO 81611 GARFIELD & 1l 1tECHT, P.C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 December 7, 1990 Amy Margerum Aspen/Pitkin County Planning Office 130 South Galena Aspen, CO 81611 TELEPHONE (303) 925-1936 TELECOPIER I { �� ` • (303) 9f5-3008 V�' V Off 1990 Clry �. p fF CiNt- y s RE: Collins Block\Sabbatini Lot Line Adjustment Plat Dear Jed and Amy: As discussed in my meeting with Jed on Monday, November 26, 1990 this is to request pursuant to Section 7-1005 (E) of the Aspen Land Use Code that the 180-day recordation requirement for the Collins Block\Sabbatini Lot Line Adjustment Plat be waived. The requirement was not met due to inadvertence, and the Engineering Department has since informed us that there are some overhang encroachments in addition to the bay windows, entry doors and sidewalk canopy that were licensed last February, that must be licensed prior to recording. We are presently addressing these encroachment issues and will get those processed as promptly as possible and get the Plat recorded. Since no harm to the City or adjoining land owners will result from this request, we respectfully suggest that the waiver be granted. Sincerely, GARFIELD & HECHT, P.C. Catherine H. McMahon CHM/bc cc: Leslie Lamont #331 U-3/22/?l 1.4. 4S Rec . ��. c?c k:: 642 PG 332 Si1v�Davisti, F'i.tk:i.n C:nty Cw1erF::, Do(-. DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR COLLINS BLOCK HARLEY BALDWIN ("Covenantor"), for himself, his heirs, executors, personal representatives, administrators and assigns, in consideration of the granting of a Subdivision Exemption for the condominiumization of two three -bedroom free market residential units located on the following described property and lot line adjustment, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict such property, as follows: 1. Covenantor is the owner of the following described property (the "Property") together with the improvements situated thereon in the City of Aspen, County of Pitkin, State of Colorado: See Exhibit "A" attached hereto 2. Prior to filing the Final Plat for condominiumization, Covenantor shall pay an affordable housing impact fee for two two - bedroom units, indexed to the current guidelines at the time of payment, to the Finance Director for receipt to the Housing Authority. 3. Prior to the issuance of a building permit for the two free market residential units and the two affordable units, deed restrictions shall be filed with respect to the two two -bedroom affordable units for approval and review with the Aspen/Pitkin County Housing Authority. One of the units shall be deed restricted to moderate income guidelines and one of the units shall be deed restricted to low income guidelines. 4. Prior to the issuance of a Certificate of Occupancy for the two free market residential units and 578 square feet of new commercial space, a Certificate of Occupancy for the two two - bedroom affordable units on the Lane Parcel shall be issued. 5. Prior to filing the Final Plat for condominiumization for the two free market residential units, a Certificate of Occupancy shall be issued for the two affordable units on the Lane Parcel. 6. Prior to filing a Final Plat for condominiumization and lot line adjustment, the plat shall be reviewed and approved by the Engineering and Planning Departments. 7. Prior to the issuance of a building permit for the Lane Parcel, Covenantor shall prove to the Engineering Department that the dry wells are sufficient to accommodate all drainage on site by providing calculations from a registered engineer. All drainage shall be maintained on site and connected to the City's storm sewer or dry wells. • #336C) 03/;'2/91. 1.4. 48 Rec $20. cic'� B. ::: 642 PG 333 Silvia Davis., Pitk:in Cnty Clerk, Doc $.c?(-) 8. Prior to the issuance of a demolition permit for the Lane Parcel, a construction schedule shall be coordinated with the Engineering Department to minimize the impacts of construction in the alley. 9. Covenantor agrees to join, upon the City's demand, any improvement district formed for construction of improvements. 10. Covenantor shall provide separate service line connections for each of the proposed condominiums. 11. The trash service area shall comprise 310 square feet and shall comply with the code provisions, except that the height will be 7 feet instead of 10 feet and the area will enable a double loading of the trash bins as approved by the Commission. 12. Covenantor agrees to work with the adjacent property owner to secure an efficient service delivery and trash access area through the Lane Parcel servicing the Collins Block and the redevelopment on the adjacent parcels, Lots D, E and F. 13. The covenants contained herein may be changed, modified or amended by the recording of a written instrument signed by the record owner of the Property and Mayor of the City of Aspen pursuant by a vote taken by the City Council. 14. The covenants contained herein shall run with the land and shall be binding upon all parties having any right, title or interest in the Property or any part thereof and their heirs, representatives, successors and assigns, for the period of the life of the longest -lived member of the presently -constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years from the date these covenants are recorded, whichever is less. 15. The covenants contained herein shall not be released or waived in any respect during the period they are binding without the prior written consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. 16. In any legal proceeding to enforce the provisions of these covenants, restrictions and conditions, the prevailing party shall be entitled to recover its fees and costs incurred thereby, including its reasonable attorneys' fees and expert witness fees. IN WITNESS WHEREOF, this Declaration has been duly executed this ��+ - day of March, 1991. Harley Baldwin 4f --3 --:U 2- 0-3/22/91 14: 48 Rec $-Y). ' )IpFr642 F--'G 334 Ci I v avis, Pitkin Cnty Clerk:, Do(.-.: STATE OF COLORADO ) ss COUNTY OF PITKIN The foregoing instrument was sworn and subscribed before me this 14j' day of March, 1991, by Harley Baldwin. WITNESS my hand and official seal. My commission expires: j TAP Z chm\cp\coLinbLk.dec 01 - q� Notary.ublic #33123 _) 03/22/91 1.4: 4e Rec $2(:). U(_ . 642 PG 335 Silvi6avis, Pitk:in Cnty ClerE , C $.()o EXHIBIT A PARCEL A• The North 80.5 feet of Lots A, B and C and the North 0.5 feet of the South 20.00 feet of the West 5.59 feet of Lot D, Block 88, City and Townsite of Aspen, EXCEPT that portion of said Lot C conveyed by Tinnie Mercantile Company, a New Mexico corporation, and High Country Lumber Co., a Colorado corporation, to Kurt Bresnitz and Lottie Bresnitz by the Quit Claim Deed recorded May 22, 1974 in Book 287 at Page 425. PARCEL B: Beginning at Corner No. 1 which is the Southeast corner of Lot D in Block 88 of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said Block 88; thence running along the South boundary of said Lot D in a Westerly direction a distance of 24.00 feet to Corner No. 2; thence running in a Northerly direction parallel to the West boundary of said Lot D a distance of 20.00 feet to Corner No. 3; thence running in an Easterly direction parallel to the South boundary of said Lots D and E a distance of 41.00 feet to Corner No. 4; thence running in a Southerly direction parallel to the East boundary of said Lot E a distance of 20.00 feet to Corner No. 5; thence running in a Westerly direction along the South boundary of said Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning. PARCEL C: The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot E, Block 88, City and Townsite of Aspen. PARCEL D• The South twenty (20.00) feet of the East 24.5 feet of Lot D, Block 88, City and Townsite of Aspen. CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO E ORDINANCE NO. 12 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF TWO RESIDENTIAL UNITS IN THE COLLINS BLOCK AND LOT LINE ADJUSTME.gT,.AND GMQS EXEMPTION FOR TWO AFFORDABLE HOUSING UNITS WHEREAS, pursuant to Section 7-1007 of the Aspen Land Use Code, a Condominiumization is a Subdivision Exemption by the City Council; and WHEREAS, pursuant to Section 7-1003 A(a) of the Aspen Land Use Code, a Lot Line Adjustment is a Subdivision Exemption by the City Council; and WHEREAS, pursuant to Section 8-104 C.1(c) of the Aspen Land Use Code, affordable housing shall be exempt from GMQS by the w. City Council; and r , WHEREAS, Catherine McMahon, Garfield and Hecht, P.C. and Joe Wells, Doremus and Wells, both representing Harley Baldwin have submitted an application for Condominiumization of 2 three - bedroom free market residential units, GMQS Exemption for 2 two - bedroom deed restricted to moderate income residential units, and a Lot Line Adjustment between the Collins Block, Lane Parcel and the Sabbatini Building, for the Collins Block located at 204 South Mill Lots A, B, and C, Block 88, Aspen and the south 20 feet of Lots D and E Block 88, Aspen; and WHEREAS, the Engineering Department, and Aspen Consolidated Sanitation District, having reviewed the application have made referral comments; and \ WHEREAS, the Housing Authority, having reviewed the %) application has made referral comments; and WHEREAS, the Planning Office, having reviewed the application pursuant to Sections 7-1007 and 8-104 and referral comments, recommends approval with the following conditions: 1. Prior to filing the final plat for condominumization, the applicant shall pay an affordable housing impact fee for 2 two- 4� bedroom units, indexed to the current guidelines at the time of payment, to the Finance Director for receipt to the Housing Authority. 2. Prior to the issuance of a building permit for the two free market bedrooms and the two affordable units, deed restrictions shall be filed for approval and review with the housing Authority. One of the units shall be deed restricted to moderate income and one unit shall be deed restricted to low income guidelines. 3. Prior to the issuance of a Certificate of Occupancy for the 2 free market bedrooms and 578 square feet of new commercial space, a certificate of occupancy for the 2 two -bedroom affordable units shall be issued. 4. Prior to filing the final plat for condominumization for the two free market units, a Certificate of Occupancy shall be issued for the two affordable units on the Lane Parcel. 5. Prior to filing a final plat for condominiumization and lot line adjustment, the plats shall be reviewed and approved by the Engineering and Planning Departments. 6. Prior to the issuance of a building permit for the Lane Parcel the applicant shall prove to the Engineering Department that the drywells are sufficient to accommodate all drainage on j site by providing calculations from a registered engineer. All drainage should be maintained on site and connected to the City storm sewer or dry wells. 7. Prior to the issuance of a demolition permit for the Lane Parcel, a construction schedule shall be coordinated with the Engineering Department. To minimize the impacts of construction in the alley. 8. The applicant shall agree to join an improvements district if one is ever formed. 9. The applicant shall provide separate service line connections for each of the proposed condominiums. 10. The trash service area shall comprise 310 square feet and shall comply with the code provisions except the height will be 7 } feet instead of 10 feet and the area will enable a double loading I of the trash bins as approved by the Commission. 11. The applicant shall work with the adjacent property owner to secure an efficient service delivery and trash access area through the Lane Parcel servicing the Collins Block and the redevelopment on the adjacent parcels, Lots D,E,and F. WHEREAS, the Aspen City Council having considered the Planning Office's recommendations for Condominiumization, GMQS Exemption for Affordable Housing, and Lot Line Adjustment, does wish to grant approval the requested Subdivision Exemptions and GMQS Exemption for the Collins Block. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 3 S Section 1: { That is does hereby grant a Subdivision Exemption for condominiumization and lot line adjustment, and GMQS Exemption with the previously mentioned conditions recommended by the Planning Office, to the Collins Block, 204 South Mill, Aspen. Section 2: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 3• If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such 1 provision and such holding shall not affect the validity of the l remaining portions thereof. Section 4• Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5• A public hearing on the Ordinance shall be held on the —;— day ofA, 1990 at 5:OO P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. 4 • 0 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, Ql� by the City Council of the City of Aspen on the �� day of 1990. William L. Stirling, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this cz. ' day of .ATTEST: I:athryn S . ::och, City Clerk cc. co"Llins 5 William L. Stirling, Mayor #33M* 03/^:•_'./91 14:47 Rec $1 .00 B+::' 642 PG 329 Gi.lvi-a Davis, Pi.tk:in Casty Clerk-., Doc $.iK; Recorded at o'clock M. Reception No. Recorder RECORDING REQUESTED BY. WHEN RECORDED RETURN TO: Catherine H. McMahon] Garfield & Hecht, P.C. 601 East Hyman Avenue c �/ Aspen, Co. 81611 STATEMENT OF SUBDIVISION EXEMPTION FOR COLLINS BLOCK WHEREAS, HARLEY BALDWIN ("Applicant") is the owner of a parcel of real property in the City of Aspen, Pitkin County, Colorado, described as follows: See Exhibit "A" attached hereto and WHEREAS, Applicant has requested a subdivision exemption for condominiumization of two three -bedroom free market residential units on the subject property and lot line adjustment; and WHEREAS, the City Council determined at its regular meeting held on March 26, 1990, that such exemption was appropriate and granted the same, subject, however, to certain conditions as set forth below. NOW, THEREFORE, the City Council of Aspen, Colorado, does hereby determine that the application for subdivision exemption for condominiumization and lot line adjustment of the above -described property is proper and hereby grants an exemption from the full subdivision process for such condominiumization and lot line adjustment. PROVIDED, HOWEVER, that the foregoing exemption is expressly conditioned upon (1) The Applicant's recording with the Pitkin County Clerk & Recorder contemporaneously herewith, that certain "Declaration of Covenants, Restrictions and Conditions for Collins Block" dated March I', 1991 attached hereto, and (2) The Applicant's strict compliance with the restrictions contained therein and all representations set forth in #33122 9 L2/91 14- 4 i Rec $15. 00 BAW F'r 330 Silvia. Da0, Pitk:in Cnty Clerk:, Doc $.(:)() the Development Application submitted and the binding conditions of approval on this matter set by the Planning and Zoning Commission and the City Council, for itself, its successors and assigns. DATED this -:�day of March, 1991. William L. Stirling, Ma or APPROVED: Edward M. Caswall, City Attorney I, Kathryn S. Koch, do certify that the foregoing Statement of Subdivision Exemption for condominiumization of two three -bedroom free market residential units in the Collins Block and lot line adjustment was considered and approved by the Aspen City Council at its regular meeting held March 26, 1991, at which time the Mayor was authorized to execute the same on behalf of the City of Aspen. chm\cp\colinblk.smt -2- Kathryn V Koch, City Clerk #331229 03/22/91 14r 47 Rec:: Silviavisq 1='it.F::in Cnty EXHIBIT A $1. 5. c c i 642 PG 331 C1.er�.1::, s.00 PARCEL A: The North 80.5 feet of Lots A, B and C and the North 0.5 feet of the South 20.00 feet of the West 5.59 feet of Lot D, Block 88, City and Townsite of Aspen, EXCEPT that portion of said Lot C conveyed by Tinnie Mercantile Company, a New Mexico corporation, and high Country Lumber Co., a Colorado corporation, to Kurt Bresnitz and Lottie Bresnitz by the Quit Claim Deed recorded May 22, 1974 in Book 287 at Page 425. PARCEL B: Beginning at Corner No. 1 which is the Southeast corner of Lot D in Block 88 of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said Block 88; thence running along the South boundary of said Lot D in a Westerly direction a distance of 24.00 feet to Corner No. 2; thence running in a Northerly direction parallel to the West boundary of said Lot D a distance of 20.00 feet to Corner No. 3; thence running in an Easterly direction parallel to the South boundary of said Lots D and E a distance of 41.00 feet to Corner No. 4; thence running in a Southerly direction parallel to the East boundary of said Lot E a distance of 20.00 feet- to Corner No. 5; thence running in a Westerly direction along the South bo.undary of said Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning. PARCEL C: The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot E, Block 88, City and Townsite of Aspen. PARCEL D• The South twenty (20.00) feet of the East 24.5 feet of Lot D, Block 80, City and Townsite of Aspen. CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO • PZM3.6.90 They are also requesting that the 2 free market units for condominiumization and then a conditional use by P&Z as required to make these 2 units a short term rental situation first and deed restricting them for 6 months. There also is going to be special review to increase the floor area beyond 1.5 which is what is allowed but because we are adding affordable housing they are seeking special review to increase the floor area up to 1.77. They are also asking for a reduction in the trash service area which will now be located (showed on map) and a special review for parking reduction. They intend to have special review for parking reduction for affordable units and dedicate the 2 parking spaces that will be included in the development of the land parcel with the new commercial infill. Residential units and historic landmark are not required to provide parking. Staff recommends approval of the proposal. Our City Council passed the ordinance and the idea of condominiumization and the lot line adjustment at first reading but they really didn't discuss it. Staff recommends approval of the enlarging. Approval of conditional use for the short term rentals and approval of the reduction of the parking. However, the staff did not recommend reduction in the trash in the service area. We are recommending that 1 of the units be deed restricted to moderate and 1 be restricted to income. In the code where it enables them to go above 1.5 and gets this extra floor area it says that they only have to deed restrict the units to moderate (income but this is going to 1.33 to 1.5 and they have to mitigate _employee housing for that portion. Therefore we are recommending deed restricting 1 unit to low income. Jasmine: I don't understand how this affects the employee housing mitigation for the commercial area of the project. If you are going to increase the commercial area there should be an increase of the employee generation. 'Leslie: To go from 1.33 to 1.5, they are generating 1.69. When you are eligible and you ask to increase your floor area and you go beyond 1.5 the requirement is that 40% of that extra floor area be dedicated to employee housing and you are not required by code to mitigate then that additional 40%. They are applying to provide 2 2-bedroom affordable units which really mumble Welton: Does the applicant have any problems with the conditions that were outlined by the Planning Office. 17 0 • WRAP-UP SUMMARY FOR THE COLLINS BLOCK GMQS EXEMPTION, SPECIAL REVIEW, LOT LINE ADJUSTMENT, CONDITIONAL USE At their March 26, 1990 meeting, the City Council adopted Ordinance 12 Series of 1990 approving the Lot Line Adjustment, Condominiumization, and GMQS Exemption with the following conditions: 1. Prior to filing the final plat for condominumization, the applicant shall pay an affordable housing impact fee for 2 two - bedroom units, indexed to the current guidelines at the time of payment, to the Finance Director for receipt to the Housing Authority. 2. Prior to the issuance of a building permit for the two free market bedrooms and the two affordable units, deed restrictions shall be filed for approval and review with the housing Authority. One of the units shall be deed restricted to moderate income and one unit shall be deed restricted to low income guidelines. 3. Prior to the issuance of a Certificate of Occupancy for the 2 free market bedrooms and 578 square feet of new commercial space, a certificate of occupancy for the 2 two -bedroom affordable units shall be issued. 4. Prior to filing the final plat for condominumization for the two free market units, a Certificate of Occupancy shall be issued for the two affordable units on the Lane Parcel. 5. Prior to filing a final plat for condominiumization and lot line adjustment, the plats shall be reviewed and approved by the Engineering and Planning Departments. 6. Prior to the issuance of a building permit for the Lane Parcel the applicant shall prove to the Engineering Department that the drywells are sufficient to accommodate all drainage on site by providing calculations from a registered engineer. All drainage should be maintained on site and connected to the City storm sewer or dry wells. 7. Prior to the issuance of a demolition permit for the Lane Parcel, a construction schedule shall be coordinated with the Engineering Department. To minimize the impacts of construction in the alley. 8. The applicant shall agree to join an improvements district if one is ever formed. 9. The applicant shall provide separate service line connections for each of the proposed condominiums. 10. The trash service area shall comprise 310 square feet and shall comply with the code provisions except the height will be 7 LI f^l feet instead of 10 feet and the area will enable a double loading of the trash bins as approved by the Commission. 11. The applicant shall work with the adjacent property owner to secure an efficient service delivery and trash access area through the Lane Parcel servicing the Collins Block and the redevelopment on the adjacent parcels, Lots D,E,and F. 2 • 0 MEMORANDUM TO: Mayor and Council (�``�V FROM: Amy Margerum and Lesllie Lamont, Planning THRU: Bill Efting, Acting City Manager RE: Collins Block Subdivision Exemption for Lot Line Adjustment and Condominiumization, and GMQS Exemption for Affordable Housing / Second Reading of Ordinance 12 DATE: March 26, 1990 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant seeks a lot line adjustment to join the Lane Parcel, a small alley parcel with a one and one-half story storage building, to the Collins Block. The applicant intends to construct two affordable housing units on the Lane Parcel. When affordable housing is constructed on -site, an external floor area bonus is available subject to special review. For this proposal, Council will review the lot line adjustment, GMQS Exemption for the two affordable units, and the condominiumization of two free market units in the Collins Block building. The Planning and Zoning Commission, at their March 6 meeting, approved the: Special review for an increase in the external FAR, GMQS Exemption for an enlargement of an Historic Landmark, and conditional use to short-term the two free market residential units in an Historic Landmark. The Commission denied the reduction in trash/utility service area. This is the second reading of Ordinance 12. Staff recommends approval, with conditions, of the lot line adjustment and condominiumization of the two free market units with a housing impact fee equal to 2 two -bedroom unit, and GMQS Exemption for two affordable units. COUNCIL GOALS: This proposal utilizes incentives found in the Code to accomplish goal #1: ... to ensure that an adequate amount of affordable housing is available. BACKGROUND: The Historic Preservation Committee granted Final Development Plan approval to the Collins Block project last fall. Pursuant to Section 8-104 A.1.(b)(3), the Planning Director approved a GMQS exemption for an enlargement of an Historic Landmark. As you are aware, the project has already begun an extensive remodel. The timing of the various approvals for this project are such that the applicant could begin and complete a portion of the building during the winter. To complete the project, the applicant now submits this application. Please see attached HPC referral comments. PROBLEM DISCUSSION: The applicant proposes to adjust a portion of the lot line to make the Lane Parcel contiguous to the Collins Block. The lot line adjustment will also clean up the property line between the Collins Block and Sabbatini buildings. Please see attached site plan outlining the adjustments. The standards for a lot line adjustment as outlined in the Code Section 7-1003 A.l. are addressed in the attachment to this memo. Pursuant to Section 5-210, the external floor area ratio of 1.5:1 may be increased to 2:1 by Special Review. To increase the external floor area ratio, 60% of the additional floor area must dedicated for restricted affordable housing. The applicants propose to construct, on the Lane Parcel, 2 two -bedroom 754 square foot units. The units will be deed restricted to moderate and low income Housing Authority guidelines. The units shall be retained as rental units and the applicant requests a right of first refusal to place eligible employees of the project in the rental units. Please see attached referral from the Housing Authority. The applicants also propose to condominumize the free market units in the Collins Block. Waiving the housing impact fee is possible if affordable housing has been provided pursuant to Section 8-106 (E)(5) the affordable housing guidelines for a GMP application. The provision of affordable housing is not required for development of this project. The two units on the Lane Parcel will enable the bonus floor area increasing the external floor area from 1.5:1 to 2.0:1, a housing impact fee is applicable for condominiumization. Please see attached standards of review for condominiumization. HISTORIC PRESERVATION COMMITTEE VOTE: unanimous FOR KEY ISSUES: Materials and fenestration. PLANNING AND ZONING COMMISSION VOTE: 5 FOR 1 AGAINST KEY ISSUES: The Commission asked the Planning Department to research how the restaurant in the basement could get a building permit without direct service access onto the alley as included in the definition section of the Code. There is a service entrance near the alley. The applicant intends to work with the adjacent property owner to develop an effective alley service area for both properties. Staff, on a different track, is considering the issuance of a Certificate of Occupancy (CO) for the Club, but not for the 2 operation of th restaurant ich is in the Club. Until this p issue (alley access for a restaurant) is resolved a CO will not e, be issued for the restaurant. �`_� 0 RECOMMENDATION: Staff recommends approval of the application with the following conditions: 1. Prior to filing the final plat for condominumization, the 0 applicant shall pay an affordable housing impact fee for 2 two - bedroom units, indexed to the current guidelines at the time of payment, to the Finance Director for receipt to the Housing Authority. 2. Prior to the issuance of a building permit for the two free market units and the two affordable units, deed restrictions shall be filed for approval and review with the housing — Authority. L# phall be eed restricted to moderateL income`) `)off, 0 guidelines. Prior to the issuance of a Certificate of Occupancy for the 2 free market bedrooms, a �,bu-i14iitg—pernri for the 2 two -bedroom affordable units shall be issued. 4. Prior to filing the final plat for condominumization for the two market units a certificate of occupancy shall be issued for the 2 two -bedroom affordable units on the Lane Parcel. 5. Prior to filing a final plat, the plat shall be reviewed and approved by the Engineering and Planning Departments. 6. Prior to the issuance of a building permit for the Lane parcel the applicant shall prove to the Engineering Deparmtnet that the drywells are sufficient to accommodate all drainage on site by providing calculations from a registered engineer. All drainage should be maintained on site and connected to the City storm sewer or dry wells. 7. Prior to the issuance of a demolition permit for the Lane Parcel, a construction schedule shall be coordinated with the Engineering Department. To minimize the impacts of construction in the alley. 8. The applicant shall agree to join an improvements district, if one is ever formed. --�j_9�) A 41x4' pedestal easement shall be indicated on the plat a acent to the al eye, The Engineering Department however` rese es the right / o locate the easement onto the adjacent parcel (Lot F) if that parcel is redeveloped. 10. The applicant shall provide separate service line connections for each of the proposed condominiums. 3 0 to 11. The trash service area shall comprise 310 square feet and shall comply with the code provisions except the height will be 7 feet instead of 10 feet and the area will enable a double loading of the trash bins as approved by the Commission. ALTERNATIVES: 1. Council may waive the condominiumization housing impact fee because the applicant is constructing two affordable units on -site. 2. The lot line adjustment is denied, thus the applicant cannot increase the external floor area and two affordable units are not added to the City's inventory. PROPOSE MOTION: I move to approve GMQS Exemption, and Subdivision Exemption for a Lot Line Adjustment and Condominumization with conditions as outlined above. I move to approve Ordinance 12. I move to adopt Ordinance 12 on second reading. CITY MANAGER COMMENTS: ATTACHMENTS: A. Referral Comments B. Site Plan C. Lot Line Adjustment Review and Condominiumization Review D. O(rddinance 12 Ces fi6vC-k S c�Se�_+�Nc_" � Q JD Gam, 4 ATTACHMENT B SITE PLAN Ail 02 r7. Lj in 0 U U Ju 41 tr 10" . r < 0 a V- w LJ ej L C.5 z,v2 U z -j Qj w 3 j w -i < t t. L:22 ATTACHMENT C - Lot Line Adjustment Review and Condominiumization Review 1. Lot Line Adjustment - Section 7-1003 A. 1. of the Code exempts a lot line adjustment from full subdivision with the following review criteria: A. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. RESPONSE: According to the application: the two boundary changes requested are insubstantial in nature and are to bring actual boundary lines as established by existing structures into conformance with the title lines between the adjacent parcels. The boundary lines are being moved only .5' from the title line because the existing building already occupies the additional .5' of the adjacent property. This adjustment will join the Lane Parcel to the Collins Block thus adding 1100 square feet to the parcel. B. Both landowners whose lot lines are being adjusted provided written consent to the application. RESPONSE: Both landowners have agreed to this proposal. Please see attached affidavit. C. It is demonstrated that the request is to address specific hardship. RESPONSE: The applicant explains that in order to more efficiently provide utility service to the Collins Block, it is necessary to join the two parcels. Connecting such services will bring them from the utility boxes located in the alley south of the Sabbatini Building and the Lane Parcel north across the Lane Parcel into the back of the Collins Block building. By joining the two parcels the applicant creates the ability to provide affordable housing on -site thus becoming eligible for a floor area bonus increasing the external floor area ratio from 1.5:1 to 2.0:1. Although the review for enlarging a Historic Landmark is at P&Z, staff does not believe that negative impacts will occur as a result of the increased floor area. In fact, the bonus has been provided in the Code as an incentive for on -site affordable housing. D. The corrected plat will meet the standards of this division, and conform to the requirements of this chapter, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the non -conformity of the lot. 5� C RESPONSE: Before filing the final plat the applicants shall submit the plat for review and approval by the Planning and Engineering Departments. The lot line adjustment does not create nor increase a nonconformity of the lot. E. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. RESPONSE: The lot line adjustment does not create a new lot for development or resale. It establishes the record title lines as those established by the existing structures. Connecting the vacant strip between the Lane Parcel and the Collins Block enables the Collins Block to increase the external FAR through a bonus and two affordable housing units on the Lane Parcel. As discussed in C., affordable on -site housing, is desired development and the enlargement of the Historic structure will be reviewed by the P&Z. The Council will have a chance to review the Commission's decision, as second reading of Ordinance will occur after the P&Z meeting. 2. Condominumization - Pursuant to Section 7-1007 A., the conversion of existing develop is exempt from full subdivision with the following review criteria: A. Purchase rights of existing tenants. RESPONSE: The two units are presently under construction, there are no existing tenants. B. Minimum lease required. RESPONSE: Pursuant to 7-1007 A.1.(b)(2), residential units in Historical Landmarks in the CC zone may be leased without restriction via conditional use P&Z approval. Note: Council will have an opportunity at second reading of the Ordinance to review P&Z's approval. C. Affordable Housing Impact Fee. RESPONSE: The applicant suggests that the impact fee be waived because two affordable units are being constructed on the Lane Parcel. Staff believes that the affordable units should be viewed as the ability for the applicant to receive a FAR bonus. The units are not required as mitigation. Therefore staff recommends that an impact fee for the 2 three -bedroom condominiums ($8050 for three bedroom or larger) be paid at the time of filing the final plat. D. Building Inspection. RESPONSE: A final inspection will occur as a requirement of a Certificate of Occupancy. JOSEPH WELLS, AICP 130 Midland Park Place. #F-2 Aspen, Colorado 81611 303-925-8080 March 7, 1990 Ms. Leslie Lamont ASPEN/PITKIN COUNTY PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Dear Leslie: During our prior• discussions regarding the Collins Block project, all concerned overlooked certain limitations incorporated in the restaurant definition in Article 3 which would have required revisions to our layout had we been aware of these requirements. The relevant portion of the definition is: ".. a restaurant shall be required to have service delivery a c c e s s s from an alley or .o other off-street ............................................. t.s er.v...j..c e d.e_1....v.e..r..�. area. If the restaurant is located off ground level, it shall .................. have use of an elevator or dumb waiter for service access. From my perspective, I never thought to look for limitations in a restaurant definition (we all know what a restaurant is don't we?). I would expect to find any such limitations incorporated directly into the use provisions for the relevant zone district (Sec.5-510(B) in this case), so that it would be clear that restaurants are permitted uses only under certain conditions. As you know, I have been relying on Sec.5-510(d)(6) to suggest that because the Collins Block parcel itself does not abut the alley the parcel does not technically have a trash/ utility service area/requirement. We have always intended to provide an area adequate for our needs, however. Having said that, it seems to me that we are now in a position to resolve this concern. The situation as I see it is: 1) We now have approval for a trash/utility service area off the alley which will meet the square footage requirement for the entire building, even though our present application involves only an expansion of 3600 square feet net leaseable. There is additional storage in the Lane Parcel Building adjacent to the service area. 2) In order to meet exiting requirements, a corridor will be added at the south end of the Collins Block Building opening onto the sidewalk at the southwest corner of the bu i ]ding. If we are unable to resolve a direct access between the Lane Parcel and Collins Block with adjoining property owners, this corridor will be used to service the restaurant. The off -•alley storage area and this accessway into the building complies with the above definition, which recognizes that direct access off of the alley may not always be possible. 3) The corridor described above provides access to the elevator being constructed in the infill structure. The elevator serves only the restaurant level and is intended to meet handicapped access requirements. Because very little use of the elevator by the public is expected it will available for use by employees of the restaurant to transport boxes from the storage room off the alley. The vast majority of this service function will occur during off peak hours for• the restaurant in any case. Hs you know, Harley intends to continue to negotiate with the adjoining property owners to secure a direct access between the two parcels. In the meantime, however, we believe the alternative service access described above is in compliance with the requirements found in the restaurant definition. Please give me a call at 925-•8080 if you need additional information. s, Wells, RICP JWIwS • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont RE: Collins Block GMQS Exemption for Enlargement of Historic Landmark, Conditional Use for Short Term Rentals, and Special Reviews for Increase in Floor Area, and Reductions in Utility/Trash Service Area and Parking for Affordable Housing DATE: March 6, 1990 SUMMARY: The applicants are proposing to construct two affordable housing units, expand the net leasable in the renovated Collins Block building and condominiumize two free market units. The proposal requires P&Z review for the enlargement of an Historic Landmark, Conditional Use for short term rentals in an Historic Landmark, Special Reviews for an increase in floor area, and reductions in utility/trash service area and parking for affordable housing. Staff recommends approval, with conditions, of the GMQS Exemption, Conditional Use, and Special Reviews for the decrease in parking and increase in floor area. Staff does not recommend approval of the reduction in the trash and utility service area. APPLICANT: Harley Baldwin, represented by Joe Wells LOCATION: 204 South Mill, Lots A, B, C, and the south 20 feet of Lots D and E, Block 88 ZONING: Commercial Core APPLICANT'S REQUE A) GMQS Exemption B) Special review C) Special review D) Special review E) Conditional Us, 5T: The applicant's request is five -fold: for enlarging an Historic Landmark for an increase in floor area for reduction in utility/trash service area for parking reduction for affordable housing __ approval for short term residential rental PROJECT HISTORY: Roxanne Eflin has prepared referral comments for the P&Z. Her memo outlines the history of review for this project up to this point. There are many reviews necessary for this proposal. At Council's February 26 meeting, they reviewed condominiumization, GMQS exemption for affordable housing, and lot line adjustment. The Council moved to approve, on first reading, Ordinance PROJECT DESCRIPTION: The applicant intends to provide 2 two - bedroom affordable housing units on -site. The provision of deed restricted housing on -site enables an increase in external floor area from 1.5:1 to 2.0:1. The existing building has a FAR of 1.3:1. This proposal represents an increase from 1.3:1 to 1.77:1. Sixty percent of the floor area above 1.5:1 must be dedicated to affordable housing. An increase in FAR, above the maximum allowable, is a Special Review. Special review is also necessary for reduction in utility/trash service area and a reduction of parking for affordable housing. To provide affordable housing on -site, the applicant has purchased the Lane Parcel. The Parcel is approximately 1,100 square feet and is located diagonally behind the Collins Block on the alley. Through a lot line adjustment the Lane Parcel will be joined to the Collins Block. Development of the site will include 2 two -bedroom affordable units (1,508 sq. ft.), two parking spaces, storage and trash area, totalling 3,504 square feet. Using the floor area bonus, the commercial and free market residential square footage of the Collins Block will be expanded by 2,141 square feet. A GMQS Exemption is required to enlarge an Historic Landmark. Pursuant to condominiumization of the free market units in the Collins Block, the applicant also wishes to short term rent those units. This requires conditional use review. REFERRAL COMMENTS: Please see attached referral comments. STAFF COMMENTS: A. GMQS Exemption for Enlargement of An Historic Landmark - Pursuant to Section 8-104 B.1(c) of the Code, the enlargement of an Historic Landmark intended to be used as a commercial or office development which increases the building's existing floor area ratio and its net leasable square footage or develops more than one residential dwelling... requires a GMQS Exemption from the Commission. According to this Section in the Code, the sliding scale formula, which was developed in Ordinance 16 (Series of 1989), is intended to provide an incentive for Historic property owners not to increase the size of the building to the maximum allowable floor area. Essentially, the mitigation required is reduced relative to the amount of floor area below the maximum allowable. When an increase in FAR reaches the maximum allowable, 100% mitigation is required. In the case of the Collins Block, the proposal will increase the floor area to the maximum allowable (1.5:1). With the provision K of affordable housing on -site, the applicant seeks to increase the external FAR from 1.5:1 to 1.77:1. The bonus floor area must provide 60% affordable housing. The bonus floor area (above 1.5:1) is excluded from mitigation requirements. Section 8-104 also specifies that affordable housing shall be deed restricted to moderate income price and occupancy guidelines. The Housing Authority recommends restriction to low income guidelines for two reasons: a. the applicant would like the right of first refusal to house employees of the Collins Block businesses. Those businesses, except for the Caribou Club, are intended to be retail in nature, which generally pays minimum wage. Usually minimum wage earners are usable to meet the moderate price guidelines; b. Mitigation is required for 1.69 employees (the generation figure for an increase in FAR from 1.3:1 to 1.5:1), pursuant to Section 8-104. The provision of deed restricted units on -site, provides housing for 4.5 employees. However, a floor area bonus is gained and no specific category is specified in the Code for this type of employee housing. It is, therefore, appropriate for the Housing Authority to specify the income guidelines for at least one unit. Staff recommends restricting one unit to moderate income guidelines as set forth by Section 8-104, and low income guidelines for the second unit as recommended by the Housing Authority. B. Special Review - Floor Area Increase Pursuant to Section 5-210 D(11) the external floor area ratio may be increased from 1.5:1 to 2.0:1 through Special Review when 60% of the additional floor area is deed restricted residential units. Special Review for Dimensional Requirements set out the following conditions: a. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying Zone District. RESPONSE: Any additional mass, height and density is a result of the new affordable housing proposed for the Lane Parcel. This proposal has been reviewed and approved conceptually by the HPC. Because the parcel is located within the Historic District (although not landmarked), the HPC reviews architectural compatibility with the surrounding land uses. There are no setback requirements in the CC district. b. The applicant demonstrates that the proposed development will 3 • not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated viewplane. RESPONSE: The development of the Lane Parcel will include two off-street parking spaces and a trash/utility service area. The development totals 3,504 square feet. Additional square footage of 2,100 square feet will be added to the Collins Block, of which 615 is floor area above the 1.5:1 maximum allowable. The two parking spaces proposed for the Lane Parcel comply with the Code's required 2 spaces/1000 square feet of net leasable in the CC Zone. The applicant seeks special review for a reduction in parking for affordable housing and is reviewed below. The Lane Parcel will not project into the Hotel Jerome Viewplane and will not shade public property. C. For the reduction of required open space in the Commercial Core (CC) zone district only, the applicant demonstrates that he provision of less than the required amount of open space on -site will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. RESPONSE: No reduction in open space is proposed. The expansion of the free market residential space is within the Collins Block building. The expansion of commercial space is within the infill building. With the addition of the Lane Parcel, there is an adequate amount of open space to satisfy the 25% requirement. The applicant appeared before the Board of Adjustment, receiving a favorable ruling on the issue of the open space dimensional definition. C. Special Review - Reduction in Utility/Trash Service Area Pursuant to Section 7-404 C. the following are criteria for review: a. There is a demonstration that given the nature of the potential uses of the building and its total square footage, the utility/trash service area proposed to be provided will be adequate. RESPONSE: The applicant suggests that the utility and trash area are to service the expansion in net leasable which is 3,650 sq. ft. However the total amount of net leasable, for both parcels, is 19,649 sq. ft. which includes 1,508 sq. ft. of affordable housing. The amount required for the trash service area is 310 sq. ft. and the applicant proposes 200 sq. ft. The Engineering Department strongly recommends no reduction in the trash service area. The Collins Block building presently 0 stores all of its trash dumpsters in the alley right-of-way. In the opinion of the Engineering and Environmental Health Departments this is the most impacted alley in the CC zone district regarding debris. There are at least four restaurants abutting the alley, not including the proposed Caribou Club, in the historic buildings without enough container capacity for the amount of refuse generated. The applicants have interpreted the trash service requirement of the Code to mean: if there is no alley frontage then the project "technically did not have a trash service area requirement." However, with the lot line adjustment of the Lane Parcel, the Collins parcel gains alley frontage. Therefore, the project can provide a service area abutting the alley. The applicant also proposes to reduce the dimensions of the service area. Instead of the required minimum depth from the alley of 10 feet and a minimum vertical clearance of 10 feet, the proposed area is 9 feet deep and the utility area is 5 feet deep. Vertical clearance for both areas is 7 feet. Since BFI rolls the bins out to the trucks, excess head clearance is not required. Increasing the clearance of the service area would impact the overall height of the project. The trash service area will accommodate 5 containers, which the applicant maintains is enough to service the project. However staff strongly recommends that the service area not be reduced and the required depth for the trash area be maintained. b. Access to the utility/trash service area is adequate. RESPONSE: Access to the area is directly off the alley. C. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. RESPONSE: The applicant has discussed the service area with BFI personnel. To enclose the trash area is not desirable as it creates an additional step in accessing the bins. To prevent ice buildup, the storage area will be elevated and protected from rain and snow. d. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development on the block. RESPONSE: The applicants would be willing to participate in a district -wide system if and when all the building owners agree to participate. The Planning Office strongly recommends that the applicant develop an alley improvement district to address these issues. Fifty-one percent of the property owners of the block must agree to form an improvements district. However the 5 • • applicant should begin polling land is sufficient interest. If there applicant shall agree to join an event one is formed in the future. owners to determine if there is not enough interest, the improvement district in the e. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. RESPONSE: According to the application: meters are to be located at the southwest corner of the Lane Parcel for easy access. Power panels will be located in a room immediately off of the carport. The Engineering Department reminds the applicant that the meter must be on the property and cannot protrude into the alley right-of-way. f. Adequate provision are incorporated to ensure the construction of the access area. RESPONSE: Construction of the service area will be a condition of approval. D. Special Review - Parking Reduction for Affordable Housing Pursuant to Section 5-301, off-street parking requirements shall be established by Special Review. RESPONSE: The applicant intends to make available the two parking spaces on the Lane Parcel for retailers in the Collins Block which complies with the parking requirement in the CC zone for the expanded commercial space. Residential units in an Historic Landmark are not required to provide parking therefore the condominiums in the Collins Block do not require parking. The Lane Parcel, however, is not Landmarked therefore a special review for parking has been requested for the affordable units. Staff strongly recommends that the parking for the affordable units be exempt. A payment -in -lieu is also discouraged. The proximity of housing to potential job sites is truly an auto disincentive, especially if employees of the Collins Block are housed on the Lane Parcel. E. Conditional Use Request to Permit Short -Term Rental of Residential Units in an Historic Landmark Section 5-210 C. requires a conditional use review for residential dwelling units which are located above street level commercial uses in historic landmarks and which are not restricted to six month minimum leases. The applicant proposes to rent, short term, the two residential units within the Collins Block building. Condominumization of these two units will be reviewed by Council at their March 26 meeting. L Section 7-304 outlines the review criteria for a conditional use review as follows: A. The conditional objectives and Plan, and with is proposed to use is consistent standards of the the intent of the be located. with the purposes, goals, Aspen Area Comprehensive Zone District in which it RESPONSE: According to the 1973 Aspen Area Land Use Plan, the site is located in the Central Area. The purpose of the Central Area is "to allow the primary use of land for tourist commercial activity that is essential to the community's economic vitality in an area that relates well to the proposed public transportation system, the ski area and existing tourist -oriented businesses." And the purpose of the CC zone district is "to allow the use of land for retail and service commercial,...Hotel and principal long term residential uses may be appropriate as conditional uses... The Collins Block/Lane Parcel has utilized the preservation incentives allowing below grade net leasable to be exempt from impact mitigation, second floor residential and parking requirement for these units. This project has been reviewed and encouraged by the HPC as an appropriate mix of uses for this site. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: There is another Landmark building, the Brand, that includes short term rental. The rest of the land uses in the surrounding area are commercial in nature. The negative impacts of short term rentals should not be disruptive to the surrounding land uses. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: The two units are located within the Collins Block building thus minimizing the visual impacts. The HPC denied the applicant's request to add a third floor to the building to accommodate the free market units. There is no parking requirement for residential units in Historic Landmarks. Trash (as recommended) and service delivery are provided within the project. The management of the short term VA 0 0 units will most likely be handled by the existing management of the Brand Building. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: Approval of short term rentals is unlikely to have a greater impact on public facilities and services, but staff finds that this development should comply with trash area requirements. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The applicant is supplying affordable housing for 4.5 employees. Affordable housing on -site enables the applicant to increase the external FAR a portion of which is being used for the two free market units in the Collins Block. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The conditional use complies with all the other requirements of the Code. Summary of Staff Issues: 1. One of the units should be deed restricted to moderate -income guidelines as is defined in Section 8-104. The other affordable unit should be deed restricted to low-income guidelines as recommended by the Housing Authority. 2. The trash service area should not be reduced as the alley is very problematic and a reduction would only exacerbate the refuse problem. However, a reduction in the required height to 7 feet is suitable. RECOMMENDATION: Staff recommends approval of a GMQS Exemption for enlarging an Historic Landmark, special review for a reduction in parking and an increase in floor area, and conditional use for short term rental units with the following recommendations: 1. A change order on the original building permit for the 2 additional free market bedrooms shall be issued simultaneously with a building permit for the two deed restricted units. 2. Prior to the issuance of a change order for the original n 0 building permit for the 2 additional free market bedrooms and the building permit for the two affordable units, an approved and recorded copy of deed restrictions shall be received by the Housing Authority. The units shall be deed restricted to moderate income and low income guidelines. Monthly rents will be indexed to net livable floor are as approved by the Housing Authority. 3. The applicant shall be given right of first refusal to place employees of project in units. 4. All proposed tenants will be qualified by the Housing Authority prior to occupancy of the employee units. 5. Prior to the issuance of the Certificate of Occupancy for the additional net leasable, a Certificate of Occupancy for the affordable units shall be issued. 6. Prior to the issuance of a building permit for the Lane Parcel, the applicant shall prove to the Engineering Department that the drywells are sufficient to accommodate all drainage on site by providing calculations from a registered engineer. All drainage should be maintained on -site and connected to the City storm sewer or dry wells. 7. Prior to the issuance of a demolition permit for the Lane Parcel, a construction schedule shall be coordinated with the Engineering Department. To minimize the impacts of construction in the alley. 8. The applicant shall agree to join an improvements district, if one is ever formed. E MEMORANDUM TO: City Engineer Housing Director Aspen Water Department Aspen Consolidated Sanitation District Fire Marshal FROM: Leslie Lamont, Planning Office RE: Collins Block GMQS Exemption, Conditional Use, Special Review, Condominiumization, Lot Line Adjustment & GMQS Exemption for Affordable Housing Parcel ID# 2737-073-39-001 & 004 DATE: January 30, 1990 Attached for your review and comments is an application from Harley Baldwin represented by Joe Wells requesting various approvals for the Collins Block. Please review this material and return your comments to me no later than February 12, 1990. Thank you. f 0 • MEMORANDUM City Engineer Housing Director Aspen Water Department Aspen Consolidated Sanitation District Fire Marshal Leslie Lamont, Planning Office RE: Collins Block GMQS Exemption, Conditional Use, Special Review, Condominiumization, Lot Line Adjustment & GMQS Exemption for Affordable Housing Parcel ID# 2737-073-39-001 & 004 DATE: January 30, 1990 Attached for your review and comments is an application from Harley Baldwin represented by Joe Wells requesting various approvals for the Collins Block. Please review this material and return your comments to me no later than February 12, 1990. Thank you. v o Co.sv.r f-AV -f, f r • .{aspen (Ponsolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Tele. (303) 925-2537 February 12, 1990 Leslie Lamont Planning Office 130 S. Galena St. Aspen, CO 81611 Re: Collins Block GMQS Exemption Dear Leslie: At the present time the Aspen Consolidated Sanitation District has sufficient line and treatment capacity to serve this project. With respect to the application my primary concern is that the applicant provide separate service line connections for each of the proposed condominiums. Our regulations require separate service lines. Any excavation associated with the project must ensure that adjacent District collection lines are protected. Any existing surface water run-off connections to our system, such as roof drains, must be eliminated by connection to the City storm sewer or dry well. Our regulations also require the installation of a grease interceptor for all remodeled or new restaurants or food handling establishments. Please call if you have any questions. Sincerely, Bruce Mather District Manager cc: Joseph Wells, Doremus & Wells, 608 E. Hyman, Aspen, CO 81611 MEMORANDUM To: Leslie Lamont, Planning Office From: Elyse Elliott, Engineering Departmen Date: February 13, 1990 Re: Collins Block - GMQS Exemption, Conditional Use, Special Review, Condom iniumization, Lot Line Adjustment & GMQS Exemption for Affordable Housing After reviewing the above application, the Engineering Department has the following comments: 1. Parking - the applicant is providing 2 parking spaces. According to the Code, 2 spaces/1000 sq. ft. of net leasable area are required. The Lane parcel is 578 sq. ft. and providing 2 parking spaces will fulfill the requirement for the Lane parcel only, it will not address the parking requirements for the Hardware Building. According to the application, this project will have a total of 19,649 sq. ft. of net leasable area. If it is determined that the applicant should also provide parking for the Hardware Building, a cash -in -lieu payment would be appropriate. Will the parking spaces be available for the housing tenants, or the shoppers? 2. Drainage - no runoff from the buildings should go onto any public right-of-ways. All drainage should be maintained on site. The applicant will have to prove to the Engineering Department that the drywells are sufficient to accommodate all drainage on site by providing calculations from a registered engineer. 3. Plat - the applicant must provide a plat that meets the requirements of the Engineering Department. 4. Alley - we would like the applicant to re -pave the adjacent alley. 5. Trash/Utility area - the Engineering Department does not support a reduction of the trash/utility area. According to section 209 (D) (6), for a net leasable area of 19,649 sq.ft., the applicant should provide a trash/utility area that is 31' x 101, or a total of 310 sq. ft. The applicant's proposal of an area that is only 200 sq.` ft. is totally unacceptable. The Hardware building presently stores all of its trash dumpsters in the alley right-of-way. There are so many dumpsters in that alley that it is very cluttered and hard to clean. The meters for this should all be on the applicant's property and none can protrude into the alley right-of-way. • 6. Construction Schedule - this should be coordinated with the Engineering Department. The applicant must make arrangements with all the businesses in the alley to minimize the impacts of construction. We would prefer if the construction did not cause the alley to be closed. 7. Improvement district - the applicant must agree to join any future improvement districts. 8. Easement - we would like to have a 4' x 4' pedestal easement adjacent to the alley. cc: Chuck Roth collins MEMORANDUX TO: Leslie Lamont, Planning FROM: Yvonne Blocker, Housing RE: Collins Block GMQS Exemption, Conditional Use, Special Review, Condominiumization, Lot Line Adjustment & GMQS Exemption for Affordable Housing DATE: February 19, 1990 SUMMARY: Applicant requests Conceptual Development Plan Approval by the Historic Preaervation Committee for a now structure to be built on the Lane Parcel, located on the south 20 feet of Lots D and E, Block 86, Aspen Townsite (referred to as the Lane Parcel) as well as a GMQS exemption for the affordable housing on the Lane Parcel and for an enlargement to the Collins Block and the adjacent infill building, located on the north 80 feet of Lots A, B, and C, Block 88 Townsite. Additional reviews include conditional use, special review, condominiumization and a lot line adjustment request. APPLICANT: Harley Baldwin Associates, 205 South Galena Street, Aspen, Colorado 81611 LOCATION: 204 South Mill Street, Aspen, Colorado 81611 North 80 feet of Lots A, B, C, and South 20 feet of Lots D and E, Block 88, Aspen Townsite. ZONING: CC APPLICANT'S REQUEST: Applicant requests GMQS exemption fcr affordable housing as per Section 8-104(C)(1)(c) of the Aspen City Code. Applicant proposes to construct on the Lane Parcel two ( 2 ) t�,,c- bedroom loft units of 754 s.f. each to be deed restricted to the moderate income guidelines, as permitted for historic landmarks. The units will be retained as rental units and the Applicant requests a right of first refusal to place eligible employees of the project in the rental units. HOUSING REQUIREMENTS: Section 8-104 (C)(1)(c) requires that all housing be deed restricted in accordance with the housing guidelines of the City Council and its housing designee. The review of any request for exemption of housing pursuant to this section shall include a determination of the city's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, and type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. The number of dwelling units proposed for this project are as follows: Free market sale units of two (2) three bedroom units = six bedrooms Employee housing rental units of two (2) two bedroom lofts = four bedrooms Applicant has requested that the two (2) two bedroom rental units be restricted to moderate income price, income, and occupancy guidelines. Considering the housing needs of the community and the request for right of first refusal to the retail employes of the building, the Housing Authority recommends restriction of the two (2) two - bedroom units to the low income, price, and occupancy_ guidelines. The two (2) two bedroom loft units of 754 square feet fall into the low income square footage range of 650-850 square feet for a two bedroom unit as established by the APIMIA guidelines. sTAFF RECOMMENDATION: The Housing Authority recommends approval of the construction of two (2) two bedroom loft employee dwelling units for the Collins Block GMQS Exemption with the following conditions: 1. The two (2) two bedroom loft units be deed restricted to the low income price, income, and occupancy guidelines. 2. An approved and recorded copy of deed restriction for the two employee units be received by the Housing Authority prior to issuance of any building permits. 3. Allowable monthly rents will be indexed to net livable floor area as approved by the Housing Authority. 4. Applicant will be given right of first refusal to place employees of project in units. However employment can not be tied to housing in the employee units. 5. All proposed tenants will be qualified by the Housing Authority prior to occupancy of the employee units. 6. A minimum of six (6) consecutive month lease be provided to the Housing Authority within ten (10) days of execution with tenant. • • ATTACHMENT A MEMORANDUM To: Leslie Lamont, Planning Office From: Roxanne Eflin, Historic Preservation Planner Re: Collins Block and Lane Parcel, 204 S. Mill St., Referral comments Date: February 20, 1990 HPC review and approval background: Over one year ago, applicant Harley Baldwin began meeting with the Planning Office and the HPC, to receive approval for the development of the parcel commonly known as the Collins Block. This National Register designated landmark housed Aspen Hardware on the ground level, and vacant dwelling units on the second floor. The fenced -in lot behind the historic structure, fronting on Hopkins Street, served primarily as storage for hardware store supplies. The applicant wished to restore the facade of the Collins Block, lease the ground floor retail space to new tenants, build an additional third floor to the building for free market residential units, and construct a commercial infill structure in the vacant lot. The HPC denied the third floor addition, however, successfully negotiated with the applicant to allow a small second floor "loft" within the two free market units. The project was phased (I, II, and III), to allow ease in HPC review, and the ability for the applicant to proceed with excavation and foundation permits. Phase I consisted of the facade restoration/renovation; Phase II consisted of the second floor loft/rooftop development; Phase III consisted of the commercial infill building. Final Development approval for the last phase was granted in May, 1989. During construction, a number of urgent meetings were held both on and off -site with staff, the HPC and crew managers. The most significant issue the HPC had to address in emergency fashion was the removal and restoration of the entire east wall, reported to be unstable and dangerous. This was necessary to allow excavation and interior development work to proceed. The restoration of the east wall was successful, using the stored, original bricks. Mitigation: Due to its landmark status, only the increase in net leasable/FAR (second floor loft) must be mitigated. The development of the Lane Parcel addresses this by providing two, 2-bedroom affordable units. Historic landmarks are exempt from GMQS competition, however, they are not exempt from all impact mitigation. The percentage of total buildout above grade dictates the level of housing mitigation (Ordinance 16, Series of 1989). All below grade net leasable is exempt from impact mitigation in historic landmarks, an incentive developed principally to offset incompatible above -grade expansion of a historic resource_ The Lane Parcel: The HPC granted conceptual development approval (with conditions) on February 14, 1990 for the "Lane Parcel" structure. This two-story alley -oriented residential building includes two 2-bedroom, deed restricted units with covered parking (two spaces). This parcel, now immediately adjacent to the Collins Block parcel, is not designated historic, therefore, no benefits or HPC variations are allowed, particularly parking. A parking reduction of two spaces is being sought by the applicant, which may only be granted upon Special Review. Conclusion: The HPC and staff feel the Collins Block project has been positive to the preservation of the Commercial Core Historic District. The nearly 100-year old structure was in a badly deteriorated condition, and needed immediate and significant restorative help. We feel that the restoration of the facade, once complete, is a tremendous effort and a gift to the community. Staff and the HPC worked very hard and closely with the applicant to insure a good preservation project, true to its original character, while allowing innovative design methods to be incorporated to serve modern needs. E 0 0 .aspen Consolidated Sanitation (District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Tele. (303) 925-2537 1990 Hariev Baldwin =! +� S . Galena Aspen. Co. 81611 MW 1 419�, RE: Collins Block GMOS Exemption Dear Harley. We have noticed that in the newspapers you intend to open the Caribou Club on the 24th of this month. At the present time we have not received any response to our regulation requirements that were addressed in Mr. Bruce Matherly's letter of 2-12-90. We have to review the plans for service connections. surface and roof drains, which are required to go to a dry well, and the grease interceptor for the restaurant prior to the instailation of these facilities as well as the proposed acceptance of this project by our Board of Directors in their regular meeting in April. I have enclosed Mr. Matherly's letter for your review. In addition we also require that the plans are reviewed to determine the tap and connection fees that must be paid prior to your scheduled opening. I have also included ,your letter of 8-28- 89 where we allowed you to tap your service onto our system with the above understanding. Until these conditions are met we cannot recommend to the building department to issue a C.O. Please contact us at your earliest convenience so these problems do not interfere with your openinz. 10 jSince ely. / Thomas R. BKaceweII Collection Systems Superintendent cc Lesli Lamont Gary Lymon Joseph Wells Aspen consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 3-16-90 H.,rlev B;�dd-, in 21,05 . t7.,lerla. Aspen, Co. 81611 RE: Collins Block Dear Harle-1, Tele. (303) 925-2537 Trunk ya-i fbr hzT.7ing Todd with Dryer drop by the plans far y-cur project. The grease interceptor is acceptable. We will have to inspect the interior plumbing before the interceptor is put on line. It appears that the roof drains and the surface runoff has been plumbed to the dry well, which is in accordance with our regulations. I have figured your fees to be $24,42-1.44 !`used on the plumbing fixtures, square footage, and number of bedroms, baths, and kitchens. Please send us a check as soon as convenient before y-cur anticipated opening so that we will not interfere with yroa-ir opening date. Since I'm not the worlds best at reading plans, there is a real good chance that I ha•Y-e made a fete mistakes. The fees we have calculated should be close enough for the present, but please let me know if there are any glaring differences. At yuir convenience, would you have your representative call us for a final walk through before the building is occupied. We can then adjust the. tap fees accordingly and inspect the grease interceptor. Thank yo�-i for your co-operation. vi%_:e .a� , Thomas R. Bracewell Collection Systems Superintendent cc Lesli Lamont Cary Ly-mon Rod Dyer E APPLICATION FOR HPC CONCEPTUAL DEVELOPMENT PLAN REVIEW OF SIGNIFICANT DEVELOPMENT, GMQS EXEMPTION FOR AN HISTORIC LANDMARK, CONDITIONAL USE AND SPECIAL REVIEW BY THE PLANNING AND ZONING COMMISSION AND LOT LINE ADJUSTMENT REVIEW BY CITY COUNCIL January 8, 1990 i DOMMUS & weLLs an association or iano planners January 8, 1990 Ms. Roxanne Eflin Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Collins Block and Lane Parcel Expansion Dear Roxanne: This application for H.P.C. Conceptual Development Plan Review of Significant Development, for GMQS Exemption For Enlargement Of An Historic Landmark, Conditional Use And Special Review By The Planning And Zoning Commission, GMQ__ S FxemAtion___FQr._Affordable Housing, and Lot Line Adiustmen_t Review By City Council is' -tiled on behalf of Harley Baldwin Associates. H.P.C. granted Final Development Plan approval to the Collins Block project last fall. The applicant then qualified for an exemption from GMQS by the Plannina Director for an enlargement of an Historic Landmark by not increasing the buildina's existing floor area ratio. The project presently under construction is in compliance with those approvals. Because of the time required to process the reviews requested under this new application, this approach was necessary in order to complete only a portion of the project during the winter season. The applicant is now ready to proceed with the additional required reviews. We look forward to discussing the proposal with the City in the near future. If you need additional information please give me a call at 925-8080. Sincerely, �Wells,AICP JW/b 608 east hyman avenue ❑ aspen, colorado 81611 ❑ telephone: 303 925-6866 CONSULTANTS Architects: Rod Dyer Dyer & Associates, Architects 415 East Hyman Avenue, No. 205 Aspen, Colorado 81611 (303) 925-7149 Design Consultant - Wayne Poulson, Architect The Rrand 205 South Galena Street Aspen, Colorado 81611 (303) 925-8466 Attorney: Andrew Hecht, Esq. Garfield & Hecht 601 East Hyman Avenue Aspen, Colorado 81611 ( 3 0 3 ) 925-1936 Land Planner: Joseph Wells, AICP 130 Midland Park Place, No. F-2 Aspen, Colorado 81611 ( 30 3) 925-8080 TABLE OF CONTENTS Pa_ge I. Introduction 1 HPC REVIEW: II. Conceptual Development Plan Application 3 For Significat Development (§7-601(F)) PLANNING & ZONING COMMISSION REVIEW: III. GMQS Exemption For Enlargement Of An 10 Historic Landmark (58-104(B)(1)(c)) IV. Conditional Use Request To Permit Short- 18 Term Rental of Residential Units In An Historic Landmark (Article 7, Division 3) V. Special Review (Article 7, Division 4) 23 A. For Floor Area in Excess of 1.5:1 FAR 23 B. For Reduction in Utility/Trash 25 Service Area CITY COUNCIL REVIEW: VI. Condominiumization Of Residential Units 30 (§7-1007(A)) VII. Lot Line Adjustment Review (§7-1003(A)(1)) 32 VIII. GMQS Exemption For Affordable Housing 34 (§8-104(C)(1)(c) I. INTRODUCTION This application, filed on behalf of Harley Baldwin Associates, requests Conceptual Development Plan approval by the Historic Preservation Committee for a new structure to be built on the Lane Parcel, located on the south 20 feet of Lots D and E, Block 88, Aspen Townsite (referred to as the Lane Parcel) as well as a GMQS exemption for affordable housinq on the Lane Parcel and for an enlargement to the Collins Block and the adjacent infill building, located on the north 80 feet of Lots A, B and C, Block 88, Aspen Townsite. Additional reviews include conditional use, special review, condominiumization and a lot line adjustment request. The Collins Block was constructed in 1892. It has served as a rooming house and a commercial building, housing from time to time a mortuary, a hardware store, and other retail establish- ments. The building is a designated Landmark structure with a rating of "Excellent" and is listed on the National Register of Historic Places. The origins of the simple one-story structure on the Lane Parcel are unknown, but in recent years the building has been used for storaqe. 1 Development on the two parcels presently includes 10,956 FAR sq. ft. on the 8,321 sq.ft. site; net leasable is 16,000 square feet. The project as proposed in this submission results in a net increase in FAR square footage of 3,796 square feet, to 14,752 square feet. Net leasable space is increased by 3,649 square feet, to 19,649 square feet, including 1,508 square feet of affordable housing. The applicant seeks approval to allow completion of a second - floor loft addition internal to the existing Collins Block structure and enclosing of the emaining ground floor roof area as additional shop space in the infill building/ These additions will not require any further exterior modifications of the building on Lots A, B and C, other than the addition of shop storefronts identical in appearance to those previously approved. Because the time required to process the reviews included in this application would have precluded completion of any modifications to the building in time for tenant occupancy during this winter season, the applicant previously sought and received all necessary approvals for the project presently under construction on the Collins Block site. 2 II. CONCEPTUAL DEVELOPMENT PLAN APPLICATION FOR SIGNIFICANT DEVELOPMENT (57-601(F)) The Applicant requests Conceptual Development Plan approval by the Historic Preservation Committee to construct a new structure on the Lane Parcel, as illustrated on the attached architectural drawings. H.P.C. has previously granted Final Development Plan approval to the project presently under construction on the Collins Block site. The project includes retail and residential expansion and afford- able housing. A total of 14,752 FAR sq.ft. is proposed in the project. As approved previously, the Collins Rlock project includes 10,297 sq.ft.- the existing building on the Lane Parcel includes an additional 659 sq.ft. Therefore, the roject represents an expansion of,3,796 sq.ft. of FAR, includina 0 sq.ft. of affordable housing. ��-,tip per • M c �� _ The site is within the Commercial Core zone district. The maximum FAR allowed is 1.5:1, or up to 2.0:1 by Special Review when 60% of the additional space is affordable housing. The FAR proposed on the two sites is 1.77:1: the on -site affordable housing represents 66.4% of the square footage over 1.5:1 FAR. 3 0 A. SUBMISSION CONTENTS- (§7-601[F][3][a]) 1. General Application Requirements (§6-202): (a) Application Form is attached as Exhibit "1". (b) Applicant's Letter of Consent is attached as Exhibit "2". (c) The street address of the project is 204 South Mill Street. The legal description of the site is the north 80 feet of Lots A, B and C, the south 20 feet of the east 25 feet of Lot D and the south 20 feet of Lot E, Block 88, Townsite of Aspen. (d) Disclosure of ownership is attached as Exhibit "3" (e) The Vicinity Map, included as Exhibit "411, locates the subject parcels. (f) As required for Public Notice (§6-205[e]), a list of all. owners of property within 300 feet prepared by Pitkin County Title is attached as Exhibit "5". (g) Compliance with Substantive Review Standards: Specific Conceptual Development Plan review stan- dards are addressed beqinning on page 6. 2. Sketch Plan of the Proposal: The attached Improvement Survey and architectural drawings illus- trate existing conditions and proposed improvements. 4 3. Conceptual Selection of Major Building Materials - The alley facade of the Lane Parcel buildina will be brick, selected to match the size, color and appearance of those used on the Collins Block. Arched double -hung painted wood windows will also be used to mintain consistency of appearance with the Collins Block. The other three facades of the building adjoin private property which is subject to probable redevelpment in the future. Building code requirements prohibit windows in these facades, although the applicant is prepared to install additional window openings which would then be removed once expansion occurs on these parcels, if this can be permitted by the City. For similar reasons, the applicant proposes to use a concrete masonry unit for these facades, with a pattern of banding incorporated into the construction for added interest, as illustrated in the architectural drawinas. HPC has previously reviewed and approved all aspects of the redevelopment proposal for the Collins Block site, including the detailing of the storefronts to be utilized in completion of the infill building. 5 4. Statement of Effect of Proposed Development Upon Neighborhood. The Lane Parcel is an unusual one in that it is one of the very few parcels in the commercial core which has no street frontage and which abuts other private property on three sides where no setbacks are required under present zoning. Architectural opportunities are therefore limited: a decision has been made to detail the building as simply as possible and to keep the height of the structure well below the height limit of the zone district as well as that of the two important historic structures on the block. The uses proposed for the building are highly desireable in the neighborhood. The need for affordable housing in the community is well -documented and provision of a covered trash service area and parking for the project accessed from the alley addresses a need which could otherwise not be met. B. CONCEPTUAL DEVELOPMENT PLAN REVIEW STANDARDS: The proposal complies with HPC's review standards, as follows: 2 1. Compatibility "The proposed development is compatible in character with designated historic structures located on the parcel, and with development on adjacent parcels when the subject site is in an H, Historic Overlay District, or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot, or exceed the allowed floor area, HPC shall find that such variation is more compatible in character with the historic landmark than would be development in accord with dimensional requirements." The design of the proposed Lane parcel affordable housing project is intended to provide an architecturally quiet backdrop to the existing Victorian structures located prominently on the block. The building materials to be used for the alley frontage have been chosen to provide continuity and compatibility with the neighboring structures. The proposed building is sized in scale and massing with other buildings in the commercial core, the height of the building is approximately 12 feet under the 40 foot height limit in the zone district. The only variation from the standards of the CC Zone district which requires HPC's review is with regard to off-street parking. Under the provision of 58-104(b)(1)(c), Enlargement of an Historic Landmark, parking shall be provided according to the standards of Article 5, Division 2 and 3, if HPC determines that it can be provided on the site's surface, and be consistent with the review standards of Article 7, Division 6. 7 Surface parking has been limited to only two spaces. Because of the limited alley frontage, provision of two spaces of off-street parking is all that is possible and still include provisions for a trash service area. We therefore request that HPC approve the off-street parking proposal for the project by finding that provision of additional surface parking would not be compatible with the Commercial Core Historic District. 2. Neighborhood_ Character: "The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development." The character of the commercial core neighbhorhood is pre- dominantly one of two- and three-story flat -roofed masonry structures in a mix of historic and contemporary styles. The design of the structure to be built on the Lane Parcel anti- cipates the ultimate expansion of the existing structure on the neighboring property to the north, as permitted by present zoning. Because the Lane Parcel building is set back 80 feet from the street and is screened in good degree by the existing structures to the north, the proposed building will not impact greatly on the character of the block, which is well -established by the two historic structures built out to the streetfront. 0 3. Cultural Value: "The proposed development enchances or does not detract from the cultural value of designated historic structures located on the parcel proposed for development or adjacent parcels." The proposed building reflects the mix of quiet newer structures interpersed with the highly articulated historic structures in the Commercial Core. It is inevitable that the building will some day be screened entirely from view from the street once redevelopment occurs to the north of the site. 4. Architectural Integrity of Historic Structures: "The proposed development enhances or does not diminish or detract from the architectural integrity of a designated historic structure or part thereof." The Lane Parcel building is separated from the historic struc- tures on the block by over 30 feet- the height of the building has been limited to 27.5 feet -- four feet below the height of the Collins Block and two feet below that of the Brand Building. The simple detailing of the building is both dictated by building code requirements and desirable to avoid detracting from the larger, more predominant and more richly detailed historic structures on the block. G� III. GMQS EXEMPTION FOR ENLARGEMENT OF AN HISTORIC LANDMARK This application requests approval by the Planning and Zoning Commission of exemption from GMQS procedures for an enlargement of an Historic Landmark under the provisions of §8-104(B)(1)(c). The Collins Block is located on the north 80 feet of Lots A, B and C, Block 88, Aspen Townsite. The building presently includes 10,297 FAR square feet on a 7,200 sq.ft. site. An additional 659 square foot building owned by the applicant is located on the south 20 feet of Lots D and E (the Lane Parcel). The FAR floor area of the existing structures on the two parcels is proposed to be increased from 10,956 sq.ft. to 14,752 sa.ft. through the completion of the one-story infill structure to the east of the existing building, construction of a partial third level within the existing Collins Block building and reconstruc- tion of the existing building on the Lane Parcel for affordable housing, parking, trash service, storage and mechanical. Affordable housing totallinq 1,508 square feet is proposed in the addition to the Lane Parcel. Freemarket commercial and residential expansion is limited to 2,141 square feet. Exemption from GMQS for an enlargement of an Historic Landmark may be granted by the Commission under the provisions of 68-104(B)(1)(c), as amended. To be eligible for the exemption, 10 mitigation of the projects' impacts must be addressed. The areas of concern include the following: 1. Affordable Housing In order to address the affordable housing requirement for the project, it is necessary to consider the proposed expansion in two increments. The first is the expansion from the existing FAR floor area on the two parcels of 10,956 sq.ft. to that allowed at 1.5:1 FAR, or 12,482 sq.ft. The second is the floor area expansion above 1.5:1 FAR, which must be 60% affordable housing. For an enlargement of a landmark at the maximum allowed under the external FAR provisions (at 1.5:1 FAR), the applicant must provide 100% of the housing required to meet the threshold re- quirement for the applicable use under GMQS provisions (58-106). Secondly, for the 2,270 sq.ft. proposed in excess of 1.5:1, 60% of the square footage in excess of 12,482 sq.ft., or 1,362 sq.ft. must be restricted to affordable housing, as required under the CC zone district dimensional requirements (§5-211(D)(11)). To establish the affordable housing requirement for the increase in FAR square footage from 10,956 square feet existing on the two parcels to 12,482 square feet (@ 1.5:1 FAR), first the percentage of the total expansion project which is devoted to commercial use 11 • has been compared to that which is devoted to freemarket residen- tial use: Commercial FAR Increase: 5,810 - 5,232q.ft. Residential FAR Increase: 5,924 - 4,361 = 1,5.ft. Ignoring the affordable housing and non -leasable space to establish a percentage comparison of commercial to residential for the expansion: 578 sq.ft. of commercial (27%) 1,563 sq.ft. of residential (73%) 2,141 sq.ft. and then applying these factors to the FAR expansion up to 1.5:1, the square footage associated with each use is as follows: Commercial: 27% x 1,526 = 412 sq.ft. Residential: 73% x 1,526 = 1,114 sq.ft. The housing obligation for the two uses would therefore be as follows: Commercial- 412 sq.ft. x 4.375 employees/1,000 sq.ft. = 1.80 employees Minimum to be housed: 60% of 1.80 = 1.08 employees (4.375 emps/1,000 sq.ft., is the median of the range of 3.5 to 5.0 emps/1,000 sq.ft. of net leasable commercial space) Residential: 1,114 sq.ft. is 18.8% of the 5,924 sq.ft. proposed in the two 3-bedroom units. Freemarket population of 2 3-BR @ 3.00 = 6.00 persons (65%) Minimum employees required to be housed = 3.23 persons (35%) Total population: 9.23 (100%) 18.8% of the minimum of 3.23 persons = .61 persons Total to be housed for expansion up to 1.5:1 FAR: 1.69 employees 12 The provisions of §8-104(B)(1)(c) do not include any additional affordable housing requirement for freemarket space above 1.5:1 FAR other than the requirement that 60% of the additional FAR square footage be restricted. The two 2-bedroom moderate -income units of 750 sq.ft. each which are proposed house ( 2. 25 x 2 =) 4.5 employees. This is adequate to address the generation of the freemarket commercial and residential space above 1.5:1 FAR (if there were such a requirement), in addition to the generation associated with the expansion up to 1.5:1 FAR. Commercial FAR increase above 1.5:1 (578 - 412) = 166 sq.ft. Residential FAR increase above 1:5:1 (1,563 - 1114=) 449_sq.ft. If required, the housing obligation for the two uses would therefore be as follows: Commercial: 166 sa.ft. x 4.375 employees/1,000 sa.ft. = .73 employees Minimum to be housed: 60% of .73 = .44 employees Residential: 449 sa. ft. is 7.4% of the 5,924 sa. ft. proposed in the two 3-bedroom units. Freemarket population of 2 3-BR @ 3.00 = 6.00 persons (65%) Minimum employees reauired to be housed = 3.23 persons (35%) Total population: 9.23 (100%) 7.4% of the minimum of 3.23 persons = .24 persons Total: .68 employees The total generation of 2.4 emloyees is less than the 4.5 employees which can be housed in the two 2-bedroom units. 13 2. Parking The applicant is required to provide off-street parking if HPC determines that surface parking can be provided consistent with the review standards of Article 7 Division 6. The off-street parking requirement for commercial space in the CC -zone is 2 spaces/1,000 soft. of net leasable. The require- ment for th 578 q.ft. commercial expnsion is therefore 1.156 spaces. Ther is no off-street parking requirement for residential uses in historic landmarks and the off-street parking requirement for affordable housing is to be established by _. Special Review. ilUl` 06�� The Collins Block site is unusual in that the parcel has no alley frontage. Two spaces are provided for the expansion on the Lane Parcel. Because the project has limited alley frontage, this is the maximum number of spaces which can be accommodated and still provide for a utility and trash service area. In light of that fact, HPC has been requested to confirm that off-street parking in excess of the two spaces proposed cannot be accomplished on the site in a manner which is compatible in character with the Historic Landmark or with the Commercial Core Historic District. 14 0 3. Public Facilities and Services The applicant must demonstrate the adequacy of utilities and other public services to the site. Water service for the expansion will continue to be provided by the City of Aspen and sewage treatment is available from the Aspen Consolidated Sanitation District. Solid waste disposal will continue to be provided to the project by BFI; a trash service area of 175 sq.ft. will be located on the Lane parcel for the project. Site drainage will be engineered in compliance with the City's regulations. The site is located on RFTA bus routes and is 3 blocks from the Transit Center at Rubey Park. The project is located across the street from the Aspen Fire District station. 4. Compatibility of the Pro iect's Site Desiqn With Surrounding Projects. The expansion associated with the Historic Landmark has already been judged compatible with surrounding projects as a result of HPC's final approval of the Collins Block project. The proposed residential expansion is entirely internal to the historic structure and the commercial expansion requires only the addition of storefronts in the rear portion of the infill structure. 15 The structure proposed for the Lane parcel must extend over the entire parcel in order to maximize the amount of covered parking and trash area as well as the affordable housing provided with the project; this is permitted in the CC zone district. The height of the building -- 27.5 feet -- is well below the height limit of 40 feet in the zone district and is also below that of the two major historic buildings on the block. Open space for the project has also been judged compatible as a result of HPC's prior approval. Just as there were no open areas within the Collins Block parcel which complied with the open space definition, there is also none on the Lane Parcel, as the site is not open to view from the street. The open space provided on the Collins Block parcel which com- plies with the variance granted by the Board of Adjustment exceeds that which was previously required for the Collins Block. The excess open space provided is more than 25% of the size of the Lane Parcel, and should therefore satisfy any open space requirement associated with the Lane Parcel. The total site coverage of the project is 7,572 sq.ft.; site square footage is 8,321 sq.ft. The amenities provided on -site include a restaurant, bar and ground -floor commercial space. A utility/trash service area of approximately 200 sq.ft. is provided off of the alley for the 3,800 sq.ft. expansion. 16 8 R LA M 00 U) r-I O U1 I-W V r ": N O, N r Co --Ir1 —1 -<T ri co N N N Q' co M Ul r l \o N M CO U) r1 I U1 r 00 r! ro ll: o .0 Ul "T "T 1-4' N N ! N Q� 01 1 Q1 Ui Ui Li r O rr r .-1 ri Q .--1 N 00 -W N N Ul to N r-1 ri O d O O a0 . -q O ri r1 w O I O) CD O -cl' N r-1 co O N ko ri rl 9 LJ C I0w O co O(nriO U) N N U) M N r1 r-1 rl co 00 00 O O I CD Ln U1 rt ri ri kD ko 0 M co rt I o r N I rl ri r` r ri rN U) m O Ln U1 'a' N r C %�o cl - ' 00 C (14 r1 ri N N N ff) M I M r � r co 0 00 Ul) r-I U1 Ul O M 11 N r O lr r ri r-i Q PH N co -CT N N U1 %D N ri r1 ri U1 •ci' M N r U1 O m O) dl —i \O U) O -' \o M I v Cn -T O 1 U1 1 I U1 U1 1 I O U) sT O N r U1 1 L' N N O I to I I �D tD I I N O) N O H r Ul V r O r kD 0o O r tD �^ ri r♦ r1 r--1 ri rl w In kc r, kc 1 kc M m m M M I M U O � U U N S+ 00 CV N N 00 Q� Q� O� H M 00 H U M M r I 'd' O Cl) 1 U1 I I U1 U1 I I O �.D M 00 U1 r 1 I U1 r co ko %D I I N M O Cl r+ CJ� -H r N 01 N r m 01 N r 01 [� E CDM I I m M 0 M I I 1 I I I I I M c 1 CDM E llz N 1 I tD N t0 N lIH r co r I co D� N U s ° 4-4rf w s w w in s to 88 -- �� '88 8 8 r1 rl .� U p CC14 W NC LW C 4-40 E 11 E-i ° ° cz 4J u o _ ° a +j ca w cn ao pcO fu°p'i Qc pC (u°�'i Cx Cca Z GL N W [i C C� Cap `L 00 .Y a N a U ly.�j U �C EOM U) a� z � �coUG] F H w �cric�Q E-� 17 • IV. CONDITIONAL USE REQUEST TO PERMIT SHORT-TERM RENTAL OF RESIDENTIAL UNITS IN AN HISTORIC LANDMARK (Article 7, Division 3) The applicant requests P&Z approval to permit short-term rental of the two residential units in the landmark Collins Block building. Residential dwelling units located above street level commercial uses in historic landmarks which are not restricted to six month minimum leases are permitted as conditional uses in the Commercial Core zone district, subject to the procedures of Article 7, Division 3. Conditional uses are those land uses which are generally compat- ible with the other permitted uses in the zone district, but which require individual review of their location, design, configuration, intensity and density to ensure the appropriate- ness of the land use. The proposal complies with the applicable review standards of Article 7, Division 3 as follows: • A. "The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located." The site is located within the Central Area in the 1973 Aspen Area Land Use Plan. The intent and purpose of this category is "to allow the primary use of land for tourist commercial activity that is essential to the community's economic vitality in an area that relates well to the proposed public transportation system, the ski area and existing tourist -oriented businesses." The intent of the CC Zone District is "to allow the use of land for retail and service commercial, recreation and institutional purposes. Hotel and principal long term residential uses may be appropriate as conditional uses, while (accessory?) residential uses are permitted or may be appropriate as conditional uses." The proposed use is not specifically addressed in the intent of either the land use plan, or zone district, nor is it addressed in the historic preservation element, but does not appear to be inconsistent with any of those documents. B. "The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surroundinq land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development." 19 • 0 The proposed use is consistent and compatible with the character of the immediate vicinity, which includes ground floor commercial uses as well as short-term residential units within the other Landmark on the block. C. "The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. The proposed conditional use is located entirely within the existing landmark structure. The location, size and design of the two units therefore minimizes visual impacts and impacts on circulation. If the two units are ever rented on a short-term basis, operation of the two units will very likely be handled by the existing management organization within the Brand Building. Parking, trash and service delivery are provided within the project to the greatest extent practical, given the limited alley frontage, in order to minimize noise, vibrations and odor on neighboring properties. C. "The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. 20 There is no reason to suggest that impacts on certain public facilities or services is greater, on average, as a result of constant long-term occupancy than with periodic short-term use. Overall, there is likely to be little difference in demand on the public facilities identified with the conditional use proposed. E. "The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use." The applicant's affordable housing commitment, which exceeds that required for the proposed expansion, is described beginning on page 11. F. "The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable reauirements of this chapter." The proposal complies with all other applicable requirements of the Land Use Code, as noted elsewhere in this submission. Application requirements for a conditional use include the following• A. The general application information reauired in Sec. 6-202; General application requirements have been addressed in Section I, beginning on page 4. 21 • B. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application; and The attached architectural drawings which describe the current proposal are not pertinent to the consideration of the conditional use request. C. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. The conditional use proposal does not involve development of a new structure or exterior remodeling of an existing structure. 22 • • V. SPECIAL REVIEW (Article 7, Division 4) A. SPECIAL REVIEW FOR FLOOR AREA Floor area in excess of 1.5:1 FAR up to 2.0:1 FAR may be approved when the following conditions are met: 1. "The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying Zone District." Additional mass, height and density resulting from the project is limited to the affordable housing project proposed for the Lane Parcel. Open space provided with the project exceeds that required, as discussed below. The landscaping concept for the project, which is urban in character, has been established by the prior approval. There are no setback requirements in the Commercial Core and the building of commercial projects out to the sidewalk is encouraged under the Historic District guidelines, to maintain the historic character of the commercial core. 23 • 11 2. "The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated viewplane." The project results in the provision of two off-street parking spaces, a trash service area and 2 two -bedroom affordable housing units which would otherwise not be provided with the Collins Block project. This will be accomplished through the City's approval of only 2,100 square feet of additional net -leasable commercial and residential space. Even though construction on the Lane Parcel will temporarily result in some additional shading of the underdeveloped parcel to the north, it would be unreasonable to suggest that the adjacent property will not be redeveloped in the future, since it is an important private property in the heart of the Commercial Core district. The project does not result in any additional shading of public property and has no impact on the Hotel Jerome viewplane. 3. "For the reduction of required open space in the Commercial Core (CC) zone district only, the applicant demonstrates that the provision of less than the required amount of open space on -site will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. No reduction of required open space is proposed. First, the expansion of residential space occurs within the Collins Block 24 Building. Secondly, the expansion of commercial space in the area of the infill building is limited to an area which is presently being covered with a roof under the prior approval and therefore does not comply with the open space definition. Finally, if a determination is made that there is an open space requirement for the Lane Parcel (even though none of the site can be defined as open space under the present definition), there is an adequate amount of additional open space provided on the Collins Block parcel to satisfy a requirement of 25% of the 1,121 sq.ft. Lane Parcel, or 280 sq.ft. B. SPECIAL REVIEW FOR REDUCTION IN UTILITY/TRASH SERVICE AREA Under the provisions of §5-211(a)(6), a utility/trash service area of 200 sq.ft. is required for up to 6,000 sq.ft. of net leasable floor area; 10 sq.ft. additional area for each 1,200 sq.ft. of additional net leasable is required, unless reduced by P&Z by Special Review, pursuant to Article 7, Division 4. In order to qualify for Special Review approval for a reduction in the service area, an applicant must demonstrate compliance with the following criteria: 25 1. "Given the nature of the potential uses of the building and its total square footage, the utility/trash service area proposed to be provided will be adequate." The applicant proposes to provide a 200 sq.ft. utility and trash service area on the Lane Parcel to serve the project, which is an expansion in net leasable of 3,650 sq.ft. Because the Collins Block parcel has no alley frontage, the previously approved project technically did not have a trash service area requirement. It has been the applicant's intention, however, to provide a trash service area on the Lane Parcel to serve the needs of the project. While the proposed trash service area's size of 200 sq.ft. complies with the square footage requirement of the Code for an expansion of up to 6,000 sq.ft., the dimensions of the area do not meet the Code's requirement. The area is required to have a minimum depth from the alley of 10 feet and a minimum vertical clearance of 10 feet. The trash area proposed is only 9 feet deep and the utility area is 5 feet deep. Vertical clearance for both areas is 7 feet. Experience now indicates that BFI personnel roll the 6.75 foot by 3.5 foot trash containers used in the Commercial Core into the alley and attach the containers to the truck for emptying. FM Therefore, vertical clearance in excess of head clearance is not required and would unnecessarily impact on the overall height of the project. The depth provided is adequate to accommodate the dimensions of the bins. The length of the trash service area is 19.5 feet. This would accommodate a total of 5 containers, which is adequate to service the project. 2. "Access to the utility/trash service area is adequate." Access to both the utility and trash areas, which are separated from each other, is directly off of the alley. 3. "Measures are provided for enclosing trash bins and making them easily movable by trash personnel." In discussing the design of the trash area with BFI personnel, it is clear that enclosing the area is not desireable in terms of ease of trash collection, as it creates an additional step in accessing the bins. It has been suggested that the design of the concrete pad to minimize ice buildup is the most important consideration in improving the ease of operation of the trash area. The trash storage area is well organized, protected from the elements and elevated to minimize ice buildup. 27 CJ 4. "When appropriate, provisions for trash compaction are pro- vided by the proposed development and measures are taken to encourage trash compaction by other developments on the block." In the past, the CCLC investiqated trash compactor systems to determine their feasiblity for use in the Commercial Core. These efforts on the part of CCLC have apparently been shelved. Such a system would only be feasible if all the building owners are prepared to or required to participate in the cost of such a system. The applicant agrees to participate in a district -wide system when and if such a system becomes feasible. 5. "The area for public utility placement and maintenance is adequate and safe for the placement of utilities." Meters are to be located at the southwest corner of the Lane Parcel for easy access. Power panels will be located in a room immediately off of the carport. 6. "Adequate provisions are incorporated to ensure the con- struction of the access area." Construction of the utility/trash service area will be a condition of approval. The applicant will be unable to secure a building permit for the project unless the trash area is included in the construction documents. WK C. SPECIAL REVIEW APPLICATION REQUIREMENTS INCLUDE: 1. The general application information required under Section 6-202. General application requirements have been addressed in Section I, beginning on page 4. 2. A sketch plan showing the configuration of the development on the lot and those features of the site which are relevant to the Special Review application. Refer to attached architectural drawings. 3. An analysis of the characteristics of similarly situated properties in the same Zone District and of neighboring parcels with respect to whether these properties comply with the dimensional, off-street parking or trash/utility service area requirement which is subject to Special Review. In general, virtually all applicants for expansion of commercial projects have sought some variation in the rather generous requirements of the trash storage in the CC zone. This application complies with the square footage requirements but seeks a minor variation in dimensional requirements only. 29 0 VI. CONDOMINIUMIZATION OF RESIDENTIAL UNITS (§7-1007(A)) The applicant wishes to condominiumize the two residential units in the Collins Block in the event that it is necessary or desirable to sell the units in the future. In addition to compliance with all other applicable requirements of Subdivision (Article 7, Division 10), which will be accomplished at the time a Plat can be prepared, the applicant is required to address certain conditions spelled out in 97-1007(a)(1): 1. Purchase riqhts of existing tenants: The two units are presently under construction and there are no tenants at the present time. 2. Minimum lease required: As stated in §7-1007(A)(1)(b)(2), residential dwelling units which are located in historic landmarks in the CC zone and which receive a conditional use approval pursuant to Article 7, Division 3 may be leased without limitation. WE Section IV of this application requests conditional use approval to permit short-term rental. 3. Affordable Housing Impact Fee: The Affordable Housing Impact Fee shall apply to the condominium- ization of new residential units (see 57-1007(A)(1)(c)(2), unless the project shall have provided affordable housing pursuant to GMQS procedures. `Z J Two 2-bedroom affordable housing units are provided with this application, as described in Section III beginning on page 11. r 4. Building inspection required: It is presently anticipated that at the time of completion of the residential units, condominium plats will be prepared and an inspection will be accomplished as a requirement of a Certificate of Occupancy. 31 0 • VII. LOT LINE ADJUSTMENT REVIEW (57-1003(A)(a)) Under the provisions of 57-1003 of the Land Use Code, the follow- ing development shall be exempted from the terms of Subdivision: A. LOT LINE ADJUSTMENT. An adjustment of a lot line between contiguous lots which are under separate ownership if all the following conditions are met: 1. "It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels." 2. "Both landowners whose lot lines are being adjusted provide written consent to the application." 3. "It is demonstrated that the request is to address specific hardship." 4. "The corrected plat will meet the standards of this division, and conform to the requirements of this chapter, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the non -conformity of the lot." 5. "It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development." An application for Subdivision Exemption for Lot Line Adjustment was filed on August 16, 1989 by Catherine McMahon of Garfield & 32 0 • Hecht. This application was subsequently amended and was then scheduled for review by City Council. In deference to the Planning Office's preference to review all remaining applications together, the applicant agreed to table Council's review of the Lot Line Adjustment application. For compliance with applicable review requirements, please refer to the prior application. 33 VIII. GMQS EXEMPTION FOR AFFORDABLE HOUSING (S8-104(C)(1)(c)) All housing deed restricted in accordance with the housing guidelines is eligible for exemption by the City Council. The applicant proposes to construct on the Lane Parcel two 2- bedroom loft units of 754 sq.ft. each to be restricted to the moderate -income guidelines, as permitted for historic landmarks. The units will be retained as rental units and the applicant requests a right of first refusal to place eligible employees of the project in the rental units. 34 0 0 EXHIBIT 1 LAND USE APPLICATICN FORM 1) Project Name COLLINS BLOCK PROJECT _ 2) Project Location 204 S. Mill Streeet, Aspen,_ CO 81611 TRor t o of Lots A, S and C, an SaUtri 2ff'Of- Lots D and E, Block 88, Aspen Townsite) 3) Present Zoning CC 4) Lot Size 8,321 sf 5) Applicant's Name, 205 S. Galena Address & Phone # Harleyy Baldwin Associates Street, Aspen, Colorado 81611 (303) 920-1800 6) Representative's Name, Address & Phone # Joseph Wells 130 Midland Park Place, No. F-2, Aspen, Colorado 81611 (303) 925-8080 7) Type of Application (please check all that apply): X Conditional Use Conceptual SPA X Conceptual Historic Dev. X Special Review Final SPA Final Historic Dev. 8040 Greenline Conceptual PUD Minor Historic Dev. Stream Margin Final PUD Historic Demolition Mountain View Plane Subdivision Historic Designation X Condominiumization Text/Map Amendment GMQS Allotment X Lot S lit/Lot Line X GMQS Exemption Adjustment 8) Description of Existing Uses (number and tyQe of existing structures; appro- ximate sa.ft.; number of bedrooms; any previous approvals granted to the property). Basement Commercial & Accessory Space = 7,245 sf 1st Floor Commercial & Accessory Space = 5,192 sf 2nd Floor Residential & Accessory Space = 4,533 sf Existing total square footage = 18,201 sf (10,956 FAR sf) 9) Description of Development Application HPC Conceptual Development Plan Review Of Significant Development, GMQS Exemption For An Historic Landmark, Conditional Use and Special Review By The Planning and Zoning Commission and Lot Line Adjustment Review by City Council 10) Have you attached the following: X Response to Attachment 2, Minimum Submission Contents —Y- Response to Attachment 3, Specific Submission Contents -- Response to Attachment 4, Review Standards for Your Application THE BRAND FYRTRTT 9 January S, i 9940, r1s. Amy Margerum, Director ASf, PiTKiid PLAiJN{ivG OFFICE 130 South Galena Aspen, Colorado 8161 Dear Amy. This letter is to confirm that I am the record owner of the Collins Block, Lots A,B,and C, Block 88 and the Lane Parcel, Lots D and E, Block 88, Aspen ownsite. We have requested that the attached application be prepared on our behalf. joe Wells will be our representative in Aspen during the City's review of this submission. Sincerely, (q� 1 `� AVT Harley Baldwin HBi ws 205 S. GALENA ASPEN. COLORADO 81611 303.920.1800 FAX 303 920.3602 Recuided at k�M $ Reception N0 2 SILVIA UAVIS PITKIN COUNTY RECORDER EXHIBIT 3 WARRANTY DEED - C3LO �', N THIS DEED, made this � day of March, 1989, between Aspen Hardware & Supply Company, Inc., a Colorado Corporation of the -ri County of Pitkin and State of Colorado, Grantor, arid. Harley i` Baldwin whose legal address is The Brand Building, 205 South _ Galena, Aspen, Colorado 81611 of the County of Pitkin and State L,J of Colorado, Grantee: .r v c7 WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has J granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, his heirs and assigns forever, all the real property toyether with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado described as follows: The real property described on Exhibit A attached j hereto and incorporated herein by this reference as known by street and number as: 204 South Mill Street, Aspen, J Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, his heirs and assigns forever. And the Grantor, for itself, its heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that- at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful auth-1ity to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes due and payable for 1989 and subsequent years; any tax, special assessment, charge or lien imposed for wc+ter or sewer service or for any other special taxing district for 1989 and subsequent years; reservations contained in Deed from the City of Aspen as follows: no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or rto _any valid mining claim or possession held under existing laws,;;;4s. isptr:cfor.th W2019W 2.70.t)a BOOK 588 aul r71 in instruments recorded in Book 79 at Page 32, in Book 59 at Page 307; any loss or damages as a result of Ordinance No. 11 (Series of 1987) which repeals and reenacts Section 24-9 of the Municipal Code, titled, Historic Designation. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof; provided, however, that the Receiver executing this Deed on behalf of Grantor shall have no personal liability for any claim by Grantee, his successors or assigns arising for any reason whatsoever under this Deed and Grantee, his successors and assigns shall have recourse only against Aspen Hardware and Supply Company, Inc. as Grantor hereunder. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. ASPEN IiARDWARE AND SUPPLY COMPANY, INC., a C,ol(lgraddo Corporation Y: Robert Camp, Receiveyr STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this 14 day of March, 1989, by Aspen Hardware and Supply Company, Inc., a Colorado Corporation by Robert Camp, Receiver. Witness my hand and official seal. My commission expires: 10'316?0 Notary Public EXHIBIT "A"•TO.WARRANTY DEED The North 80 feet of Lots Bofand said LotBlock C conveyed byand QuitTownsite ClnimoDeed aspen (excepting that portion recorded in Book 287 at Page 425 of Pitkin County Records) And a Parcel described as: Beginning at Corner No. 1 which is the Southeast corner of Lot D in Block 88 of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said Block thence running along the Soutli Boundary of Lot D in a Westerly direction a distance of 24 feet to Corner No. 2. thence running in a Northerly direction parallel to the West Boundary of said Lot D a distance of 20 feet to Corner No. 3, thence running in an Easterly direction parallel to the South Boundary of said Lots D and E a distance of 41 feet to Corner No. 4, thence running in a Southerly direction parallel to the East boundary of'said Lot E a distance of 20 feet to Corner No. b, thence running in a Westerly direction along the South Boundary of said Lot E a distance of 17 feet to Corner No. 1, the place of beginning; and The South Twenty (20) feet of the East Thirteen (13) feet of Lot lettered "E" in Block 00, City and Townsite of Aspen; and The South Twenty (20) feet of the East Twenty Five (25) feet of Lot lettered "D" in Block 88. city -and Townsite of Aspen. CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO t•f •J �'. .I � � .: �3• fir. 0 0 EXHIBIT 3 SCHEDULE A Date of Policy: March 20, 1989 at 4 :51 P.M. Amount of Insurance $ 2, 7CC, 000. CC Name of Insured: H ARL EY B AL DW I N GFNo. A00368-C 2. The estate or interest in the land described herein and which is covered by this policy is: (a fee. a leasehold, etc.) FEE 3. The estate or interest referred to herein is at Date of Policy vested in: HARL EY BAL DW I N 1. "-e land referred to in this Policy is described as follows: LEGAL CE 2CR I FT ION -QET FORTH. ON SHEET ATTACHES HERE7 0 =,ND =Y 71H. i S FEFERENCE INCCRFORA.TED HERE �Ii AND MACE A FART HEREOF. ride USA I.WM-Ce 03100131,0- 1201 Vta,n ;t .:anaa. 'e.as :5202 :�,� -jna title=sso—,,on Owners 1'011ai '3.17 70 ina 3:0.341 - 4 -o— IOOA G.25M 136H 'CI ;c'J \Io. 013792+ rimer `Jc. ACC368-0 land referred t, in this pciic"i s1.:a-ed i1. -'e -gate of CJlcrado, Ccun,y of 11-f-kin , and ,s descr''Wed as fcl Icws. PARCEL A: The `!crth 50.00 faet of Lots A, 3 and C, 31cck 83, C17Y AND TCWNS17E CF ASPEN, EXCEPT that portion of sa1d Lot C conveyed by Tinnie Mercantile Company, a New iiexico corporation, and High Country Lumber Co., a Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit Claim Ceed recorded May 22, 1974, in Sock 287 at Page 425. .PARCEL S: Beginning at Corner No. 1 which is the Southeast corner of Lct D in Block 88 of the CITY AND TWISITE OF ASPEN, and the Southwest corner of Lot E in said Block 88; thence running along the South boundary of said Lot D in a 'Nesterly direction a distance of 24.00 feet to Corner No. 2; thence running in z Northerly direction parallel to the .'Jest boundary of said Lot D a distance of 2C.00 feet to Corner No. 3; hence running in an Easterly direction parallel to the South boundary of said Lots D and E a distance of 41.00 feet to Corner -hence runnira In a Southerly dirac-'en parallel to the East L - 2 a distance cf 1MG feet to Corner No. 5; cundary of maid I -hence running ;n a Wester: irac-ion along the South bcundar`/ of said Lot F a distance of 17.CC feet to Corner No. 1, the place of beginning. MARCH C: 7--.e Scuth oenty (20.00) feet of tha :East thirteen (1:.00! feet of Lct E, SIock 88, CITY AMC.TCWN-S;TT_ OF ASPEN. PARCE'_ D: The Scuth -hventy (20.00) feet of the East twenty five (25.00) feet of Lot D, Block 38, CITY AND TCWNSITE OFF ASPEN. 32GO ' as) POL:CY NC. - - - This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by he public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts ,vi7ic77 a .orrect survey and inspec- tion 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. Taxes due and payable; and any tax, special asses=Tents, charge cr lien impc=_ed for 'Hater or sewer service, or for any other special taxing district. Restrictions, as contained in the Deeds from M. G. Miller, as County and Probate Judge, to E. B. Collins recorded January 23, 1888, in Book 59 at Pace 307, and March 28, 1891, in Book 79 at Page 32, providing substantially as follows: "That no title shall be hereby acquired to any mine cr gold, silver, cinnabar, or cooper or to any valid mining claim or possession held under existing laws and subject to all the conditions, limitations and restrictions contained in Section 2386 of the Revised Statutes of the United States." 7. Encroachments by (a) the two-story brick building on Parcel A onto E. Hopkins Avenue, S. Mill Street and property immediately adjoining Parcel A on the South, and (b) the one-story nC.IM.U." bui!d1ng on Parcels B, C and D onto the alley in Blocs 68 and property immediately adjoinira =arcelS 3, C_and D on 1`•:e Ncrth and 'Nest, as evidenced by Survey No. 19022 of Aspen Survey Engineers, '-c. dated February 6, 1989. 8. Deed cf Trust from Harley Eal dw i n C,:unty fcr -he use of Cartral Bank of Aspen, N.,= , to Sec:�r9 L2,3CC,CCC.'�O, dates '-taro„ 2C, ,1989, and recorded March 20, 1989, in °cck :88 c, -ace �._. 9. ?.s_Icnment of Rents recorded Marc, _0, 1989, 'n 3cck -88 at Pace 133, given 'n ccnnecticn with the above Deed of 'rust. 1C. Security interest under e Uniform Commerciai Code affecting subject property, notice of which is given 5y Secur't'� Agreement and Finanoir:c Statsment, from Harley Baldwin, debtor(s), t0 CZntral Sank Of ASp.en, V.A., Sec::red ?art' , recorded March 20, 1989, in Bock 588 at Face "?2, and -'led !March 20, 19oS a. Filing No. 12305. `:crrtan E. Lark i ns .1UMfI20a oaunteratgnatura irsurarc- �,cr. c.o - cr. Endorsement Attached to and forming a part of Policy No 0157924 Order No. 400368 Issued by Title USA insurance Corporation Exception No. 5 is hereby amended and modified in its entirety to read as follows: 5. faxes and assessments for the year 1989 and subsequent years. Exceptions 1 through 4 are hereby deleted. In all other respects, said Policy remains the same. This endorsement is made a part of the poiicv or commitment and is subject to ail the terms and provisions ;hereof and of any prior endorsements thereto. Except to the extent expressly stated• it neither modifies anv of the terms and provisions of the ooiicy or commitment and prior endorsements. if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount :hereof. Dated: Marrh 9n, 14R9 Tittle USA Insurance Corporation JPaNC,, P•esident & Chief Executive Officer Q ,' •, •o �' BEAL 0. y ••• v i'� ,/Y of ••....••• Wes: '.�.,.rary ��r Z 4�NMI SSL,ed dt 1 _ ✓ c%L fs-d Norm n E. Larkins ' urrcn: ed Counrers+gndru•e =.a.bt S ' J 1i;M SETS _9?— 7 m 7906.1 x ~~ EXHIBIT-4 MAIN ST x7905.4 I'Do . e- - 7904.7 x BANK OF ASPEN PKINS AVE I - x r• x 7909.0 x 7908. 0 7� OPITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President ADJACENT OWNER'S STATEMENT FYPTRTT ri Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies the following list is a current list of adjacent property owner's within three hundred feet of the subject property set forth on Schedule "A" attached hereto and made a part hereof, as obtained from the most current Pitkin County Assessors Tax Rolls. NAME AND ADDRESS HARLEY A. BALDWIN, II 1 WEST 72 ND STREET NEW YORK, NEW YORK 10023 LAURA DONNELLEY P.O. BOX 589 ASPEN, COLORADO 81612 SABBATINI SPORT, INC. 208 SOTH MILL STRRET ASPEN, COLORADO 81611 WALTER F. HAMPEL, JR. P.O. BOX 1034 ASPEN, COLORADO 81612 MOUNTAIN ENTERPRISES 80B 4001 CLASSEN BOULEVARD OKLAHOMA CITY, OKLAHOMA 73118 LOMA ALTA CORPORATION P.O. BOX 8105 DALLAS TEXAS 75205 LEVANT AMERICA, S.A. C/O COLONIAL NAVIGATION CO., INC. #2240 17 BATTERY PLACE NEW YORK CITY, NEW YORK 10004 RANSOM B. WOODS, JR. JUSTINE F. WOODS P.O. BOX 12288 ASPEN, COLORADO 81612 BRIEF LEGAL DESCRIPTION SUBJECT PROPERTY AND LOTS G, H, I, BLK. 88, ASPEN LOTS D, E, F, BLK 88, ASPEN S 20' OF LOTS A, B, C, W 5' LOT D, BLK. 88, ASPEN LOTS M, N, BLK. 88 ASPEN N 14' AND W 12' LOF LOT M, BLK 88, ASPEN, AND UNITS A-102, A-103, A-202, A-301, C-201, B-201 TOM THUMB BUILDING CONDOS LOTS P, Q BLK. 88, ASPEN N 25 ' LOTS R AND S, BLK. 88 ASPEN S 75' LOTS R AND S, BLK. 88, ASPEN OPITKIN COUNTY TITLE, Inc. 0 Vincent J. Higens President MILL STREET PLAZA ASSOCIATES SUITE 301A 205 N. MILL STREET ASPEN, COLORADO 81611 CRYSTAL PALACE CORPORATION P.O. BOX 32 ASPEN, COLORADO 81612 GRAND FINALE, LTD. P.O. BOX 32 ASPEN, COLORADO 81612 GORDON L. WHITMER HOWARD ROSS 314 EAST HYMAN AVENUE ASPEN, COLORADO 81611 CITY OF ASPEN 150 S. GALENA ST. ASPEN, COLORADO 81611 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 - (303) 925-6527 FAX LOTS D-I, BLK. 81, ASPEN LOTS K AND L, BLK. 81, ASPEN LOT M, BLK. 81, ASPEN LOTS N, 0, BLK. 81, ASPEN WHEELER OPERA HOUSE,, CITY HALL CITY OF ASPEN, FIRE PROTECTION DISTRICT LOTS 0-R, BLK. 87, ASPEN 420 E. HOPKINS AVENUE ASPEN, COLORADO 81611 CARL R. BERGMAN CATHERINE M. BERGMAN P.O. BOX 1365 ASPEN, COLORADO 81612 CAN AM ASPEN DEVELOPMENTS 135 EAST COOPER AVENUE ASPEN, COLORADO 81611 LA COCINA, INC. P.O. BOX 4010 ASPEN, COLORADO 81612 DUANE R. JOHNSON MARGARET W. JOHNSON 1116 E. CINNABAR AVENUE PHOENIX, ARIZONA 85020 THE BANK OF ASPEN 119 SOUTH MILL STREET ASPEN, COLORADO 81611 Christina M. Davis Vice President E 1/2 LOT B, ALL LOTS C AND D, BLK. 80, ASPEN LOTS G, H, I, BLK. 80, ASPEN LOTS M, N, BLK. 80, ASPEN LOT 0, BLK. 80, ASPEN LOTS P-S, BLK. 80, ASPEN OPITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX CHITW000 PLAZA COMPANY LOT D, BLOCK 87, ASPEN C/O DAVID J. MYLER 106 SOUTH MILL STREET, SUITE 202 ASPEN, COLORADO 81611 JESSE J. MADDALONE LOTS E, F, G, H, I, BLK. 87, ASPEN ESTHER M. MADDALONE THE FIRST NATIONAL BANK OF GRAND JUNCTION AS TRUSTEE OF THE MAODALONE FAMILY TRUST 2265 TANGLEWOOD ROAD GRANO JUNCTION, COLORADO 81503 M & W ASSOCIATES 205 SOUTH MILL STREET SUITE 301A ASPEN, COLORADO 81611 MARJORIE P. JENKINSON 403 WEST HALLAM STREET ASPEN, COLORADO 81611 RYANCO PARTNERS LTD. NO. XVI SUITE 106 201 NORTH MILL STREET ASPEN, COLORADO 81611 WILLIAM L. COMCOWICH, TRUSTEE OF ROBERT BARNARD TRUST 420 WEST MAIN STREET ASPEN, COLORADO 81611 WHEELER SQUARE ASSOCIATES C/O DONALD J. FLEISHER COMPANY 710 EAST DURANT AVENUE 2NO. FLOOR ASPEN, COLORADO 81611 FRITZ LINDNER ERIKA GRAF EBERSTEIN STR. 7 7570 BADEN-BADEN EBERSTEINBURG, WEST GERMANY AMELIA L. KOPP ROBERT L. ZUPANCIS STANLEY A. KOPP P.O. BOX 100 ASPEN, COLORADO 81612 LOT K, BLK. 87, ASPEN LOTS L, M, N, BLK. 87, ASPEN LOT S, BLK. 87, ASPEN Christina M. Davis Vice President UNITS A, B, C, ASPEN COMMERCIAL CONDO LOTS E, F, G, BLK. 82, ASPEN N 66' LOT A, BLK 89, ASPEN N 66' LOT B, BLK. 89, ASPEN •PITKIN COUNTY TITLE, Inc. 17] Vincent J. Higens President B & K ASSOCIATES 308 SOUTH MILL STREET ASPEN, COLORADO 81611 BIRKWOOD ASSOCIATES P.O. BOX 3421 ASPEN, COLORADO 81612 ANGELINE M. GRIFFITH ROY GRIFFITH 530 WALNUT ASPEN, COLORADO 81611 BRUCE E. CARLSON P.O. BOX 3587 ASPEN, COLORADO 81612 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX INTERNATIONAL LACE U.S.A., LTD. 675 EAST COOPER AVENUE ASPEN, COLORADO 81611 LIS G. SORENSEN P.O. BOX 9381 ASPEN, COLORADO 81612 ROBERT "BUCK" W. BROWER 423 EAST HYMAN, #C-1 ASPEN, COLORADO 81611 TED A. KOUTSOUBOS 419 EAST HYMAN AVENUE ASPEN, COLORADO 81611 CHARLES W. RACINE P.O. BOX E-2, SNOWMASS VILLAGE, COLORADO 81611 JOAN L. KLAR P.O. BOX 722 ASPEN, COLORADO 81612 CHRISTINE DI BARTOLO 104 MAGNOLIA LANE COVINGTON, LUOISIANA 70433 S 34' LOTS A ANB B, BLK. 89, ASPEN W 16' LOT C, BLK 89, ASPEN E 14' LOT C, BLK. 89, ASPEM UNIT 1 AND 2, ROARING FORK CONDO UNITS 3, ROARING FORK CONDO LOT D, BLK. 89, ASPEN UNIT C-1, ROARING FORK ARMS CONDO Christina M. Davis Vice President UNITS R-17,R-23,R-12,R-13,R-25,R-28,R-29,R-15, R-11,R-14R-26R-24R-16,C2A,C2B,R-18,R-19, ROARING FORK ARMS CONDOS R-27, ROARING FORK ARMS CONDO R-21, ROARING FORK ARMS CONDOS R-22, ROARING FORK ARMS CONDOS *PITKIN COUNTY TITLE, Inc. 46 Vincent J. Higens President DUVIKE, INC. P.O. BOX 2238 ASPEN, COLORADO 81612 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX PIETRZAK ASPEN BUILDING LIMITED P.O.BOX 9790 ASPEN, COLORADO 81612 JOHN BRETT GILLESPIE P.O. BOX 11781 ASPEN, COLORADO 81612 TREND VENTURE CORPORATION 4001 CLASSEN BOULEVARD OKLAHOMA CITY, OKLAHOMA 73118 DAVID DENSON KATHLEEN DENSON 170 EAST GORE CREEK VAIL, COLORADO 81657 HILLIS OF SNOWMASS, INC, 170 EAST GORE CREEK VAIL, COLORADO 81657 TOM THUMB BUIDING CONOMINIUM ASSOCIATION (NO ADDRESS AVAILABLE) W.G. BULLOCK GRANT BULLOCK TRUST JOHN E. MC NULTY LAVONE KAY STATON LOIS ANN HARTMANN P.O. BOX 609 GLENWOOD SPRINGS, COLORADO 81601 ASPEN ARCADE LIMITED C/O LARRY BROOKS 1148 4TH. STREET SANTA MONICA, CALIFORNIA 90403 JOHN L. KING EILEEN H. KING C/O BERRY, MOORMAN, KING, ET AL 600 WOODBRIDGE PLACE DETROIT, MICHIGAN 48226 ALL UNITS AT DUVIKE CONDOS Christina M. Davis Vice President UNIT A-201, TOM THUMB BUILDING CONDOS UNIT A-302, TOM THUMB BUILDING CONDO UNIT B-101, TOM THUMB BUILDING CONDO UNIT B-202, B-301, TOM THUMB BUILDING CONDO UNIT C-201, C-301, TOM THUMB BUILDING CONDO COMMON AREA LOTS A, B, C, BLOCK 94, ASPEN LOTS A, B, BLK. 81, ASPEN LOT C, BLK. 81, ASPEN Vincent J. Higens President JAMES E. COX ANTHONY E. COX C/O AERSCAPE LIMITED 314 SOUTH MILL STREET ASPEN, COLORADO 81611 ELKS CLUB NO. 224 210 S. GALENA STREET ASPEN, COLORADO 81611 WITKIN COUNTY TITLE, Inc. 40 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis (303) 925-1766 • (303) 925-6527 FAX Vice President E 6' LOT G, ALL OF LOTS H AND I, BLK. 89, ASPEN LOTS K, L, M, BLK. 94, ASPEN 0 • January 29, 1990 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 Joe Wells 130 Midland Park Place, F2 Aspen, Colorado 81611 RE: Collins Block Dear Joe, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the City Council on Monday, February 26, 1990 at a meeting to begin at 5:00 pm. We have also scheduled this application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, March 6, 1990 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. Joe, as you know, the Conditional Use Review is a public hearing which requires the applicant to send notices to property owners within 3001, but does not require publication in the newspaper. I will send you a copy of a notice for mailing. If you have any questions, please call Leslie Lamont, the planner assigned to your case. sincerely, Debbie Skehan Administrative Assistant PUBLIC NOTICE RE: COLLINS BLOCK CONDITIONAL USE REVIEW, GMQS EXEMPTION, SPECIAL REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 6, 1990 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Joe Wells on behalf of his client, Harley Baldwin, requesting Conditional Use Review approval for two residential units which are located above street level commercial uses in the historic landmark Collins Block and which are not restricted to six month minimum lease. The applicant further requests GMQS Exemption approval for enlargement of an historic landmark and Special Review approval for increased floor area ratio and reduction in Utility/Trash Service Area. The property is located at 204 South Mill Street, North 80' of Lots A, B and C and South 20' of Lots D and E, Block 88, City and Townsite of Aspen. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/C. Welton Anderson, Chairman Planning and Zoning Commission ----------------------------------------------------------------- ----------------------------------------------------------------- Published in The Aspen Times on February 15, 1990. City of Aspen Account. pn.collins 10 CITY OF ASPEN I* PRE -APPLICATION CONFERENCE SUMMARY n1 1 PROJECT: • APPLICANT'S REPRESENTATIVE: �\ REPRESENTATIVE'S PHONE : `� - �( C ) OWNER' S NAME: \�_\ (vz � 9,_ A • SUMMARY 1. Type of Application: 2. Describe action/type of development being requested: s. areas is wnicn Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments t�PC, 4. Review is: (CC Only) P&Z then to CC) 5. Public Hearing: YES (NO) 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: 8. Anticipated date of submission: irm.pre_app RONALD GARFIELD* ANDREW V. HECHT** WILLIAM K. GUEST, P.C.*** ROBERT E. KENDIG JANE ELLEN HAMILTON CATHERINE H. McMAHON**** *also admitted to New York Bar **also admitted to District of Columbia Bar -also admitted to Nebraska and Texas Bar ****also admitted to Illinois Bar HAND DELIVERY ATTORNEYS AT LAW �- -- TELEPHONE VICTORIAN SQUARE BUILDING (303) 925-1936 601 EAST HYMAN AVENUE TELECOPIER (303) 925-3008 ASPEN, COLORADO 81611 November 9, 1989 Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 RE: Subdivision Exemption for Lot Line Adjustments between Aspen Hardware and Sabbatini Buildings Dear Leslie: As requested by your office, this is to confirm that the applicant has requested that the above -captioned Application be temporarily tabled. We will advise you as to when we want the matter to be reinstated on the City Counsel's agenda for hearing. Thank you. CHM/km cc: Harley Baldwin Joe Wells Sincerely yours, GARFFIIELD & HECHT, P.C. Catherine H. McMahon ap C� ti F-T pup ffi?o- CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 8 16 89 PARCEL ID AND CASE NO. DATE COMPLETE: c�-)- 2737-073-39-001&0 4 80A-89 STAFF MEMBER: -7 PROJECT NAME: Collins Block Lot Line Adjustment Project Address: 205 S. Galena St. Legal Address: APPLICANT: Harley Baldwin Applicant Address: 205 South Galena St. Aspen, CO 81611 REPRESENTATIVE: Catherine McMahon, Garfield & Hecht Representative Address/Phone: 601 E. Hyman Aspen, CO 81611 5-1936 PAID: YES NO AMOUNT: $700.00 NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: V 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES �O Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFE LS : City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: f O I1 INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty Housing City Engineer Zoning Env. Health Other: FILE STATUS AND LOCATION: E 0 AMENDED LAND USE APPLICATION FOR SUBDIVISION EXEMPTION FOR LOT LINE ADJUSTMENTS BETWEEN ASPEN HARDWARE AND SABBATINI BUILDINGS A. INTRODUCTION This Amended Application replaces Section VI, Explanation of Proposed Development Compliance, of Applicant's Land Use Application submitted on August 16, 1989. The Applicant owns two parcels of land, the Collins Block and the Lane Parcel. At the present time, the Aspen Hardware Building is located on the Collins Block and a storage shed is located on the Lane Parcel. The latter structure will be demolished in order to provide affordable housing in conjunction with the proposed renovation of the Aspen Hardware Building. The Sabbatini Building is located to the south of the Collins Block and to the west of the Lane Parcel. As the Agreement attached hereto as Exhibit A indicates, the Applicant and the owner of the parcel on which the Sabbatini Building is located (the "Sabbatini Parcel") wish to adjust the title boundary lines between their respective properties for three reasons. First, they wish to confirm an Agreement dated April 22, 1968 and recorded on February 18, 1969 in Book 239 at Page 436 in the Pitkin County real estate records that established the boundary line between the Collins Block and the Sabbatini Parcel to coincide with the location of the line between the Sabbatini and Aspen Hardware Buildings, which line is approximately .5' south of the title line and extends approximately 85.67' from west to east between the two buildings. (See the dotted red line on the Plat submitted herewith.) Second, they want the title lines to conform with the existing structures located on the respective parcels. The Collins Block extends an additional 4.6' east of the 85.67' boundary line established by the 1968 Agreement (see the dotted green line on the Plat), for a total of 90.27' from east to west. In addition, the Sabbatini Building encroaches eastward onto the Lane Parcel approximately .5' from east to west and approximately 19.5' from north to south on the southern portion of the Lane Parcel. (See the dotted blue line on the Plat.) Accordingly, the parties wish to adjust the title boundary lines to conform with the existing Sabbatini Building. Finally, the 4.6' by .5' vacant strip to the north of the Sabbatini Building on the Sabbatini Parcel and running to the southeast corner of the Collins Block ("Vacant Strip", as outlined in yellow on the Plat), provides the most efficient and economical means of connecting essential utility services for the renovation and reconstruction of the Aspen Hardware Building. The utility boxes are located in the alley south of the Sabbatini Building and the Lane Parcel. (The utilities will also cross a 5' by .5' vacant parcel to the east of the Vacant Strip, but that parcel is not part of Applicant's amended Application.) R-19 SUBDIVISION EXEMPTION FOR LOT LINE ADJUSTMENT 1. Code Requirements. Section 7-1003(A)(1) of the Aspen Land Use Code ("Code") provides for a subdivision exemption for the adjustment of a lot line between contiguous lots that are under separate ownership if certain review standards are net. The lot line adjustments sought are between contiguous lots under separate ownership. 2. Review Standards. A lot line adjustment shall be exempt from subdivision if the following conditions are met: a. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. The two boundary changes requested are insubstantial in nature and are to bring actual boundary lines as established by existing structures into conformance with the title lines between the adjacent parcels. In each case, the boundary line is being moved only .5' from the title line because the existing buildings already occupy the additional .5' of the adjacent property. b. Both landowners whose lot lines are being adjusted provide written consent to the Application. Both landowners to this Application, as is evidenced by the Agreement attached hereto as Exhibit A, consent to the lot line adjustments. C. It is demonstrated that the request is to address specific hardship. As explained above, the lot line adjustments will enable the Applicant to connect essential utility services for the renovation and reconstruction of the Aspen Hardware Building. The most efficient and economical means of connecting such services is to bring them from the utility boxes located in the alley south of the Sabbatini Building and the Lane Parcel north across the Lane Parcel and then west into the back of the Hardware Building at the southeast corner of the Collins Block. Without such access, the additional cost to • 0 Applicant will be approximately $50,000.00 to bring utility services from the utility boxes west along the alley into Mill Street, then north on Mill Street and then east into the front of the Aspen Hardware Building. In addition to the hardship to the Applicant, this will also require disruptive excavation in the alley and on Mill Street, causing an inconvenience to citizens and a disruption of traffic. d. The corrected plat will meet the standards of this division and conform to the requirements of this chapter, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment will not increase the non- conformity of the lot. The corrected plat reflecting the lot line adjustments will meet the standards of this division and conform to the requirements of this chapter, including the dimensional requirements of the CC Zone. The proposed subdivision will be consistent both with the Aspen Area Comprehensive Plan and the character of existing land uses in the area. It will not adversely affect the future development of surrounding areas, and will be in compliance with all other applicable requirements of this chapter. e. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. The lot line adjustment will not provide the opportunity to create a new lot for resale or development. It merely establishes the record title lines as those established by the existing structures. In addition, the adjustment will allow utilization by the Applicant of the small .5' x 4.6' Vacant Strip as the most efficient and economical means of connecting essential utility services to the existing Aspen Hardware Building. C. CONCLUSION For all of the foregoing reasons, the subdivision exemption for the lot line adjustments should be approved. The lot line adjustments will confirm the 1968 Agreement that established the boundary lines between the properties to coincide with the location of the line between the respective buildings on the properties. They will establish the title lines to conform with the existing structures located on both the respective parcels. Finally, the adjustments will provide the most efficient and economical means of connecting essential utility services to the Applicant's building. Sincerely yours, GARFIELD & HECHT, P.C. Catherine H. McMahon, attorney for the Applicant c:\chm\lu\baldwin.app • EXHIBIT A • AGREEMENT �- THIS AGREEMENT is made thisA day of August, 1989 between Marley Baldwin ("Baldwin") and Sabbatini Sport, Inc., a Colorado corporation, ("Sabbatini Sport"). RECITALS A. Baldwin is the record owner of the real property known as the Collins Block and the Lane Parcel, which property is legally described on Exhibit "A" hereto; and B. A building commonly known as the Aspen hardware Building is located oil the Collins Block; and C. Sabbatini Sport is the record owner of the real property located to the south of the Collins Block and to the west of the Lane Parcel ("Sabbatini Parcel"), which property is legally described oil Exhibit "B" hereto; and D. The building located oil the Sabbatini Parcel commonly known as the Sabbatini Building encroaches eastward onto the Lane Parcel approximately .5' from east to west and approximately 19.5' from north to south; and E. An Agreement dated April 22, 1968 and recorded on February 18, 1969 in Book 239 at Page 436 in the real estate records of Pitkin County, Colorado, established the boundary line between the Collins Block and the Sabbatini Parcel (the 111968 Agreement") to coincide with the location of the line between the abutting Sabbatini Building and the Aspen Hardware Building, including a metal shed, which line is approximately .5' south of the title line and extends approximately 85.67' from west to east between the two buildings; and F. There exists a vacant strip of land on the Sabbatini Parcel to the north of the Sabbatini Building and to the south and east of the Collins Block approximately .5' from north to south and approximately 9.6' from east to west (the "Vacant Strip"); and G. Tile most efficient and economigal means of connecting essential utility services for the renovation and reconstruction of the Aspen hardware Building is to bring such services from the utility boxes located in the alley south of the Sabbatini Building and the Lane Parcel north across the Lane Parcel and then west across the Vacant Strip into the back of the Aspen Hardware Building, utilizing the back or east wall of the Sabbatini Building to affix, attach, and install the requisite utility equipment; and H. The back or east wall of the Sabbatini Building contains a vent that is utilized by that building; and I. The parties wish to adjust the title lines between their respective properties to (1) confirm the 1968 Agreement, (2) conform with the existing structures located thereon, and (3) allow 0 • utilization by Baldwin of the back or east wall of the Sabbatini Building and the Vacant Strip for purposes of affixing and connecting essential utility services to the Aspen hardware Building. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, it is agreed as follows: 1. Baldwin hereby agrees to convey by bargain and sale deed to.Sabbatini Sport a portion on the west side of the Lane Parcel approximately .5' from east to west and 19.5' from north to south, which portion is legally described on the deed attached as Exhibit "C" hereto. 2. Sabbatini Sport hereby agrees to convey by bargain and sale deed to Baldwin a portion on the north side of the Sabbatini Parcel approximately .5' from north to south and approximately 95.27' from west to east, which portion is legally described on the deed attached as Exhibit "D" hereto. 3. Baldwin warrants and represents that in utilization of the back or east wall of the Sabbatini Building to affix, attach and install the requisite utility equipment for the use of the Aspen Hardware Building, Baldwin shall either (i) keep the existing vent on the east wall of the Sabbatini Building in place and operational, or (ii) reroute the vent to the top of the Sabbatini Building at Baldwin's sole cost and expense. In the event that the Sabbatini Building is demolished or remodelled, Baldwin shall remove all utility equipment from the east wall of the Sabbatini Building at his sole cost and expense. 4. The bargain and sale deeds referred to in paragraphs 1 and 2 herein shall be executed simultaneously with the execution of this Agreement and deposited with Albert Kern, attorney for Sabbatini Sport ("Kern"), pending final approval by the Aspen City Council of Baldwin's Land Use Application for Subdivision Exemption for Lot Line Adjustments ("Application"). Upon final approval of the Application Kern shall record the deeds with the Pitkin County Recorder. In the event that final approval is not granted within one (1) year, Kern shall return the deeds to the parties that executed them and this Agreement shall be null and„void. 5. The Application shall be promptly submitted by Baldwin and pursued at his sole cost and expense upon execution of this Agreement. Sabbatini Sport shall fully and timely cooperate with Baldwin's efforts to obtain final approval, including, but not limited to, consenting to or joining in the Application and executing any and all documents in connection therewith. 6. Sabbatini Sport represents that it is the record owner of the Sabbatini Parcel subject to the 1968 Agreement and that said parcel is free and clear of any trust deeds, mortgages, liens and judgments. F, 7. Baldwin represents that tie is the record owner of the Collins Block and Lane Parcel and that said parcel is free and clear of any trus�'deeds, mortgages, liens and judgments other than the Deed of Trust, Assignment of Rents and Security Agreement and Financing Statement of Central Bank of Aspen, N.A., recorded in Book 588 at Pages 173, 188 and 192 on March 20, 1989 in the real estate records of Pitkin County, Colorado (the "Security Documents"). Prior to the recording of the deeds described in paragraph 3 above, Baldwin shall obtain from Central Bank partial releases or amendments to the Security Documents, the effect of which will enable Baldwin to convey in accordance with paragraph 1 Herein free and clear of any and all liens. 8. Sabbatini Sport represents that it is a corporation duly incorporated under the laws of Colorado with the power and authority to enter into and execute this Agreement. 9. This Agreement is not in conflict with any other contract or agreement of the parties hereto. 10. In the event of the breach of this Agreement by either party hereto, the other party shall be entitled to any and all remedies allowable under the law, including, but not limited to, specific performance. 11. This Agreement and the rights and obligations of the parties Hereunder s}iall be interpreted and construed in accordance with the laws of the State of Colorado. In the event of any dispute arising out of this Agreement, the prevailing party shall be awarded its costs and attorneys' fees. 12. This Agreement shall be binding on and inure to the benefit of the Heirs, executors, legal representatives, successors and assigns of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. SABBATINI SPORT, INC. BY: IIARLEY BALD IN DEX�ILLIAMS, President c:\clim\re\baldwin.agt 3 0 a LAND USE APPLICATION FOR SUBDIVISION EXEMPTION FOR LOT LINE ADJUSTMENTS BETWEEN ASPEN HARDWARE AND SABBATINI BUILDINGS TABLE OF CONTENTS SECTIONS I. LETTER OF APPLICATION II. LAND USE APPLICATION FORM III. STREET ADDRESS AND LEGAL DESCRIPTION OF THE PROPERTY IV. DISCLOSURE OF OWNERSHIP OF PROPERTY V. VICINITY MAP VI. EXPLANATION OF PROPOSED DEVELOPMENT COMPLIANCE VII. PRE -APPLICATION CONFERENCE SUMMARY VIII. SUBDIVISION EXEMPTION PLAT • 0 SECTION I. LETTER OF APPLICATION • 0 August , 1989 Aspen City Council c/o Pitkin County Planning Office 210 South Galena Street Aspen, Colorado 81611 RE: Land Use Application for subdivision Exemption for Lot Line Adjustments between Aspen Hardware and sabbatini Buildings Dear Council Members: Enclosed are two (2) copies of the above -captioned Application, together with the processing fee in the amount of $700.00. The Applicant's name and address is: Harley Baldwin 205 South Galena Street Aspen, Colorado 81611 (303) 920-1800 The Applicant's representative is: Catherine H. McMahon Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 (303) 925-1936 Please schedule the hearing on the Council's agenda on the earliest possible date. We request that the matter be placed on the consent agenda, as the overall development of the Collins Block and Lane Parcel is subject to further extensive review by both Planning and Zoning and the Council. Thank you. Sin rely yours, P�Q�� Ha ley Baldwin CHM/ km Enclosure • 0 SECTION II. LAND USE APPLICATION FORM 1; Project Name tUI IUIL1L'1i1 1 D USE APPLI(11T1ON IU114 Aspen Hardware Building/Sabbatini Building 2) Project Location 204-208 South Mill, Lots A, B, C, D & E, Block 88 ( indicate street address, lot & block nunix--r, legal description where ' appropriate) Collins Block & Lane Parcel. 8,321 + sq. ft. 3) Prevent Zoning —CC 4) Int Size Sabbatini: 1,900 + sq. ft. 5) Applicant's Name, Address & Itione # Barley Baldwin, 205 South Galena Street, Aspen, Colorado 81611, 920-1800 G) Representative's Name, Address & I'ticme # Catherine H. McMahon, Garfield & Becht, P.C. , 601 East Hyman Avenue, Aspen, Colorado 81611, 925-1936 7) Type of Application (please dx_�c:k all chat apply) : Oonditional Use OoIKoepbial SPA Oonoelal historic Dev. Special Review Final SPA Final Iistoric Dev. 8040 Greenline wnceptiUal PUD Minor historic Dev_ Stream Margin Final. AJD Historic Demolition Mountain View Plane Subdivision historic Designation condomiiiiumization Text/Map Amend it GHQS Allotment X_ bot 43Pl-iVInt Line cms INMPt-cIn Adjustment 8) Descripticni of Existing Uses (ramber and type of existing structures; approximate sq. ft.; number of bedrvcros; any pwovious approvals granted to the property) - The Aspen Hardware Building (located on the Collins Block) and Sabbatini Building are adjacent commercial buildings, and the Lane Parcel located behind and to the east of the Sabbatini Building contains a storage shed. The structures on the Collins Block and Lane Parcel are presently under renovation. 9) Description of Develqment Application This Application seeks lot line adjustments between the Collins Block and Sabbatini Building and between the Sabbatini Building and the Lane Parcel behind and to the east of it. 10) have you attached ttie following? X Response to Attadment 2, Minimum Submission Contents X Response to Attad mient 3, Specific SuLy i s_sion Contents X Response to Attadune it 4, Review Standards for Your Application • • SECTION III. STREET ADDRESS AND LEGAL DESCRIPTION OF THE PROPERTY • Collins Block and Lane Parcel: Aspen Hardware Building and storage shed STREET ADDRESS 204 South Mill Street Aspen, Colorado 81611 LEGAL DESCRIPTION See Exhibit A attached hereto Sabbatini Building: STREET ADDRESS 208 South Mill Street Aspen, Colorado 81611 LEGAL DESCRIPTION See Exhibit B attached hereto • EXilIM A • PARCEL A: The Mor-lb OU.00 feel of Lots A, D and C, Block 00, CITY AND TOWNSITE OF ASPEN, EXCEPT -I hai- porn (on of sold Lo l- C conveyed by T I nn I e l4orcant I I e Company, a New Mexico corporal- Ion, and 111911 Coun l-ry Lumber Co., a Colorado corporol-lort,' -lo Kurt Bresrtl-lz and Lof1e Bre;;nitz by •Iho Quit C I a 1 m Deed recordod May 22, 1974, Ili Dook 207 at Pa:rgo 425. .PMUL B : Beginning 61- Corner IJo. 1 wh 1 ch Is •Ihe Sou l hoas t corner of Loi' D In Block 80 of the CITY AIII) '10MISIIE OF ASPEN, arid -Ihe Soullrwesl. corner of Iot- E Ili said Block 80; - thence running along -lire Sou -Ili boundary of sa l d Lo l- D Ili a Wes l er I y d I rect I ou a d 1 s l ance of 24.00 fool- to Corner No. 2; -Thence running In a Norilaer•ly direcllon parallel 10 •Ihe West .. boundary of * sa I d Lot D a d I stance of 20.00 f eet 'i o 'Cornea Vo. 3; ilience ruiiitltrg In on Easierly dlrecl-lon parallel -lo the South•• boundary of sold Lots D and E a distance of 41.00 feet lo Corner Ho. 4; ... .'. . . . . . ..... thence runnitrg Ili a Soullaorly dlrecllon parallel 10 1he East- boundary of sold Lot E a distance of 20.DO. foet to Corner No. -5; •I hence running In a Wes -I er I y d 1 rec l I on along • lie Sou -I lI boundary of said Lot E a distance of 17.UU (cot 1-o Corner No. 1, the place of beglnning. PARCEL C: The South •Twenty (20. OU) feel- of •I ho East -fh I rteen (13.00) feel - of Lot E, Block 80, CITY AND TOWNSITE OF ASPEN. PARCEL D: The. Soulh twenty (20.00) feel- of -Ihe East twenty five (25.00) feel. of Lo F D, Block 80, CITY A14D l OWNS I l E OF ASPEN. C� EXHIBIT B The south 20 feet of Lots A, B and C and the west 5 feet of the south 20 feet of Lot D all in Block 88, City and Townsite of Aspen, Colorado. Subject to the terms of Agreement dated April 22, 1968 and recorded in Book 239 at Page 436. County of Pitkin, State of Colorado. 4 SECTION IV. DISCLOSURE OF OWNERSHIP OF PROPERTY L' Pecurded at l ck �, M _�� ` j Is;:eehtiuri No _ � SILVIA DAVIS PITKIN COUNTY RECORDER WARRANTY DEED ra r� THIS DEED, made this �� day of March, 1989, between Aspen LL 1 Hardware & Supply Company, Inc., a Colorado Corporation of the r-: county of Pitkin and State of Colorado, Grantor, and Barley IiiLr- Baldwin whose legal address is The Brand Building, 205 South Galena, Aspen, Colorado 81611 of the County of Pitkin and State u� of Colorado, Grantee: r7 WITNESSETH, that the Grantor for and in consideration of the su►n of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has )J granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, his J heirs and assigns forever, all the real property togother with Y, improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado described as follows: The real property described on Exhibit A attached hereto and incorporated herein by this reference as known by street and number as: 204 South Mill Street, Aspen, \' Colorado. TOGETHER with all and singular the hereditaments and ;\ appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, his heirs and assigns forever. And the Grantor, for itself, its heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful auttiw ity to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes due and payable for 1989 and subsequent years; any tax, special assessment, charge or lien imposed for w.,#ter or sewer service or for any other special taxing district for 1989 and subsequent years; reservations contained in Deed from the City of Aspen as follows: no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or tq__any valid mining claim or possession held under existing laws, s !s .tr;forth i Mlle 2 0 INJ so in instruments recorded in Book 79 at Page 32, in Book 59 at Page 307; any loss or damages as a result of Ordinance No. 11 (Series of 1987) which repeals and reenacts Section 24-9 of the Municipal Code, titled, historic Designation. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof; provided, however, that the Receiver executing this Deed on behalf of Grantor shall have no personal liability for any claim by Grantee, his successors or assigns arising for any reason whatsoever under this Deed and Grantee, his successors and assigns shall have recourse only against Aspen Hardware and Supply Company, Inc. as Grantor hereunder. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. ASPEN IIARDWARE AND SUPPLY COMPANY, INC., a C,olgrado Corporation By: L-Gr o Robert Camp, Receiv r STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this 141 day of March, 1989, by Aspen Hardware and Supply Company, Inc., a Colorado Corporation by Robert Camp, Receiver. Witness my band and official seal. My commission expires: 10131g U Notary Public 5 V 8.. .:P�i�� i '1 �? EXHIBIT "A" TO.WARRANTY DEED The North'00 feet of Lots A, B and C. Block 00, City and 'Townsite of aspen (excepting that portion of said Lot C conveyed by Quit Claim Deed recorded in Book 207 at Page 425 of Pitkin County Records) And a Parcel described as: Beginning at Corner No. 1 wl►ich is the Soutl►east corner of Lot D in Block 00 of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said Block thence running along the South Boundary of Lot D in a Westerly direction a distance of 24 feet to Corner No. 2, thence running in a Northerly direction parallel to the West Boundary of said Lot D a distance of 20 feet to Corner No. 3, thence running in an Easterly direction parallel to the South Boundary of said Lots D and E a distance of 41 feet to Corner No. 4, thence running Ili a Southerly direction parallel to the East boundary of"said Lot E a distance of 20 feet to Corner No. 5, thence running in a Westerly direction along the South Boundary of said Lot E a distance of 17 feet to Corner No. 1, the place of beginning; and r The South Twenty (20) feet of the East Thirteen (13) feet of Lot lettered "E" in Block 00, City and Townsite of Aspen; and The South Twenty (20) feet of tl►e East Twenty Five (25) feet of Lot lettered "D" in Block 00, City' and Townslte of Aspen. CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO • .... :S'• :,. .. •„ _, .... _rani•'. !._Y '... ' N 18PITKIN COUNTY TITLE, Inc. • Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY FOR THE SOLE USE OF: PLEASE DIRECT CORRESPONDENCE TO: GARFIELD AND HECHT PITKIN COUNTY TITLE, INC. 601 E. HYMAN AVENUE MICHAEL G. VEITCH ASPEN, COLORADO 81611 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (303) 925-1766 FAX (303) 925-6527 DESCRIPTION= THE SOUTH 20 FEET OF LOTS A, B AND C AND THE WEST 5 FEET OF THE SOUTH 20 FEET OF LOT D ALL IN BLOCK 88, CITY AND TOWNSITE OF ASPEN, COLORADO. SUBJECT TO THE TERMS OF AGREEMENT DATED APRIL 22, 1968 AND RECORDED IN BOOK 239 AT PAGE 436. COUNTY OF PITKIN, STATE OF COLORADO GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP-. SABBATINI SPORT, INC. A COLORADO CORPORATION TRUST DEEDS AND MORTGAGES APPARENTLY UNRELEASED= NONE LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED= NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES, WITHOUT REFERENCE, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE , OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT OF THE FEES. THIS REPORT DOES NOT INCLUDE U.C.C. FILINGS. DAT,L= JULY\14, 19Q9 @ 6,ZQOI A.M. TKIN CDUNNY Xd7TL a+l%!%`_-�_ I_/i u • SECTION V. VICINITY MAP 6f, JUMPS 1,11011►h I Assocla[es, loc., Real Estate Appraisers and Consultants Crystal Palace Building - 300 East Hyman Avenue Aspen. Colorado 81611 - 3031925.8987 M 1W)VeMeCE PASS ORIGINAL ST. j. (CLOSM fiv wwro?) & wdin Ail Al. ir U R, c R E E K C A "Y" 1v r SHADOW MOUNTAIN "Pla e, r Wagner Park 3S VILLAGE BRUSH CREEK RD UU I I tMMILA CASTLE CREEK A. s oa U) z A97 < 0 in TF. -7— 1— L�L A U "a".- '"e \PqSV*F�IC.E T , Nn II IRio Grande Park UT a x i Fa t S N �lI 3" I EAw LE� 1_10 F F..., VN COLORADO 0"" Herron Park '-, �e livC—C—p— C,or?. ADP- A,-- C Alfrigh—r—d. • • SECTION VI. EXPLANATION OF PROPOSED DEVELOPMENT COMPLIANCE A. INTRODUCTION The Applicant owns two parcels of land, the Collins Block and the Lane Parcel. At the present time, the Aspen Hardware Building is located on the Collins Block and a storage shed is located on the Lane Parcel. The latter structure will be demolished in order to provide affordable housing in conjunction with the proposed renovation of the Aspen Hardware Building. The Sabbatini Building is located to the south of the Collins Block and to the west of the Lane Parcel. As the Agreement attached hereto as Exhibit A indicates, the Applicant and the owner of the parcel on which the Sabbatini Building is located (the "Sabbatini Parcel") wish to adjust the title boundary lines between their respective properties for three reasons. First, they wish to confirm an Agreement dated April 22, 1968 and recorded on February 18, 1969 in Book 239 at Page 436 in the Pitkin County real estate records that established the boundary line between the Collins Block and the Sabbatini Parcel to coincide with the location of the line between the Sabbatini and Aspen Hardware Buildings, which line is approximately .5' south of the title line and extends approximately 85.67' from west to east between the two buildings. (See the dotted red line on the Plat in Section VIII herein.) Second, they want the title lines to conform with the existing structures located on the respective parcels. The Sabbatini Parcel extends an additional 9.6' east of the 85.67' boundary line established by the 1968 Agreement (see the dotted green line on the Plat in Section VIII herein), for a total of 95.27' from east to west, at which point it meets the Lane Parcel. In addition, the Sabbatini Building encroaches eastward onto the Lane Parcel approximately .5' from east to west and approximately 19.5' from north to south on the southern portion of the Lane Parcel. (See the dotted blue line on the Plat in Section VIII herein.) Accordingly, the parties wish to adjust the title boundary lines to conform with the existing Sabbatini Building. Finally, the 9.6' vacant strip to the north of the Sabbatini Building on the Sabbatini Parcel ("Vacant Strip", as outlined in yellow on the Plat in Section VIII herein), provides the most efficient and economical means of connecting essential utility services for the renovation and reconstruction of the Aspen Hardware Building. The utility boxes are located in the alley south of the Sabbatini Building and the Lane Parcel. SUBDIVISION EXEMPTION FOR LOT LINE ADJUSTMENT 1. Code Requirements. Section 7-1003(A)(1) of the Aspen Land Use Code ("Code") provides for a subdivision exemption • • for the adjustment of a lot line between contiguous lots that are under separate ownership if certain review standards are met. The lot line adjustments sought are between contiguous lots under separate ownership. 2. Review Standards. A lot line adjustment shall be exempt from subdivision if the following conditions are met: a. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. The two boundary changes requested are insubstantial in nature and are to bring actual boundary lines as established by existing structures into conformance with the title lines between the adjacent parcels. In each case, the boundary line is being moved only .5' from the title line because the existing buildings already occupy the additional .5' of the adjacent property. b. Both landowners whose lot lines are being adiusted provide written consent to the Application. Both landowners to this Application, as is evidenced by the Agreement attached hereto as Exhibit A, consent to the lot line adjustments. C. It is demonstrated that the request is to address specific hardship. As explained above, the lot line adjustments will enable the Applicant to connect essential utility services for the renovation and reconstruction of the Aspen Hardware Building. The most efficient and economical means of connecting such services is to bring them from the utility boxes located in the alley south of the Sabbatini Building and the Lane Parcel north across the Lane Parcel and then west across the Vacant Strip into the back of the Hardware Building. Without such access, the additional cost to Applicant will be approximately $50,000.00 to bring utility services from the utility boxes west along the alley into Mill Street, then north on Mill Street and then east into the front of the Aspen Hardware Building. In addition to the hardship to the Applicant, this will also require disruptive excavation in the alley and on Mill Street, causing an inconvenience to citizens and a disruption of traffic. d. The corrected plat will meet the standards of this division and conform to the requirements of this chapter, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment will not increase the non- conformity of the lot. The corrected plat reflecting the lot line adjustments will meet the standards of this division and conform to the • requirements of this chapter, including the dimensional requirements of the CC Zone. The proposed subdivision will be consistent both with the Aspen Area Comprehensive Plan and the character of existing land uses in the area. It will not adversely affect the future development of surrounding areas, and will be in compliance with all other applicable requirements of this chapter. e. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. The lot line adjustment will not provide the opportunity to create a new lot for resale or development. It merely establishes the record title lines as those established by the existing structures. In addition, the adjustment will allow utilization by the Applicant of the small .5' x 9.6' Vacant Strip as the most efficient and economical means of connecting essential utility services to the existing Aspen Hardware Building. C. CONCLUSION For all of the foregoing reasons, the subdivision exemption for the lot line adjustments should be approved. The lot line adjustments will confirm the 1968 Agreement that established the boundary lines between the properties to coincide with the location of the line between the respective buildings on the properties. They will establish the title lines to conform with the existing structures located on both the respective parcels. Finally, the adjustments will provide the most efficient and economical means of connecting essential utility services to the Applicant's building. Sincerely yours, GARFIELD & HECHT, P.C. Catherine H. McMahon, attorney for the Applicant c:\chm\lu\baldwin.app . EXHIBIT A • AGREEMENT THIS AGREEMENT is made this /+ day of August, 1989 between Harley Baldwin ("Baldwin") and Sabbatini Sport, Inc., a Colorado corporation, ("Sabbatini Sport"). RECITALS A. Baldwin is the record owner of the real property known as the Collins Block and the Lane Parcel, which property is legally described on Exhibit "A" hereto; and B. A building commonly known as the Aspen Hardware Building is located on the Collins Block; and C. Sabbatini Sport is the record owner of the real property located to the south of the Collins Block and to the west of the Lane Parcel ("Sabbatini Parcel"), which property is legally described on Exhibit "B" hereto; and D. The building located on the Sabbatini Parcel commonly known as the Sabbatini Building encroaches eastward onto the Lane Parcel approximately .5' from east to west and approximately 19.5' from north to south; and E. An Agreement dated April 22, 1968 and recorded on February 18, 1969 in Book 239 at Page 436 in the real estate records of Pitkin County, Colorado, established the boundary line between the Collins Block and the Sabbatini Parcel (the 111968 Agreement") to coincide with the location of the line between the abutting Sabbatini Building and the Aspen hardware Building, including a metal shed, which line is approximately .5' south of the title line and extends approximately 85.67' from west to east between the two buildings; and F. There exists a vacant strip of land on the Sabbatini Parcel to the north of the Sabbatini Building and to the south and east of the Collins Block approximately .5' from north to south and approximately 9.6' from east to west (the "Vacant Strip"); and G. The most efficient and economigal means of connecting essential utility services for the renovation and reconstruction of the Aspen hardware Building is to bring such services from the utility boxes located in the alley south of the Sabbatini Building and the Lane Parcel north across the Lane Parcel and then west across the Vacant Strip into the back of the Aspen Hardware Building, utilizing the back or east wall of the Sabbatini Building to affix, attach, and install the requisite utility equipment; and H. The back or east wall of the Sabbatini Building contains a vent that is utilized by that building; and I. The parties wish to adjust the title lines between their respective properties to (1) confirm the 1968 Agreement, (2) conform with the existing structures located thereon, and (3) allow utilization by Baldwin of the back or east wall of the Sabbatini Building and the Vacant Strip for purposes of affixing and connecting essential utility services to the Aspen Hardware Building. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, it is agreed as follows: 1. Baldwin hereby agrees to convey by bargain and sale deed to Sabbatini Sport a portion on the west side of the Lane Parcel approximately .5' from east to west and 19.5' from north to south, which portion is legally described on the deed attached as Exhibit "C" hereto. 2. Sabbatini Sport hereby agrees to convey by bargain and sale deed to Baldwin a portion on the north side of the Sabbatini Parcel approximately .5' from north to south and approximately 95.27' from west to east, which portion is legally described on the deed attached as Exhibit "D" hereto. 3. Baldwin warrants and represents that in utilization of the back or east wall of the Sabbatini Building to affix, attach and install the requisite utility equipment for the use of the Aspen hardware Building, Baldwin shall either (i) keep the existing vent on the east wall of the Sabbatini Building in place and operational, or (ii) reroute the vent to the top of the Sabbatini Building at Baldwin's sole cost and expense. In the event that the Sabbatini Building is demolished or remodelled, Baldwin shall remove all utility equipment from the east wall of the Sabbatini Building at his sole cost and expense. 4. The bargain and sale deeds referred to in paragraphs 1 and 2 herein shall be executed simultaneously with the execution of this Agreement and deposited with Albert Kern, attorney for Sabbatini Sport ("Kern"), pending final approval by the Aspen City Council of Baldwin's Land Use Application for Subdivision Exemption for Lot Line Adjustments ("Application"). Upon final approval of the Application Kern shall record the deeds with the Pitkin County Recorder. In the event that final approval is not granted within one (1) year, Kern shall return the deeds to the parties that executed them and this Agreement shall be null and„void. 5. The Application shall be promptly submitted by Baldwin and pursued at his sole cost and expense upon execution of this Agreement. Sabbatini Sport shall fully and timely cooperate with Baldwin's efforts to obtain final approval, including, but not limited to, consenting to or joining in the Application and executing any and all documents in connection therewith. 6. Sabbatini Sport represents that it is the record owner of the Sabbatini Parcel subject to the 1968 Agreement and that said parcel is free and clear of any trust deeds, mortgages, liens and judgments. r, 7. Baldwin represents that tie is the record owner of the Collins Block and Lane Parcel and that said parcel is free and clear of any trust deeds, mortgages, liens and judgments other than the Deed of Trust, Assignment of Rents and Security Agreement and Financing Statement of Central Bank of Aspen, N.A., recorded in Book 588 at Pages 173, 188 and 192 on March 20, 1989 in the real estate records of Pitkin County, Colorado (the "Security Documents"). Prior to the recording of the deeds described in paragraph 3 above, Baldwin shall obtain from Central Bank partial releases or amendments to the Security Documents, the effect of which will enable Baldwin to convey in accordance with paragraph 1 herein free and clear of any and all liens. 8. Sabbatini Sport represents that it is a corporation duly incorporated under the laws of Colorado with the power and authority to enter into and execute this Agreement. 9. This Agreement is not in conflict with any other contract or agreement of the parties hereto. 10. In the event of the breach of this Agreement by either party hereto, the other party shall be entitled to any and all remedies allowable under the law, including, but not limited to, specific performance. 11. This Agreement and the rights and obligations of the parties hereunder shall be interpreted and construed in accordance with the laws of the State of Colorado. In the event of any dispute arising out of this Agreement, the prevailing party shall be awarded its costs and attorneys' fees. 12. This Agreement shall be binding on and inure to the benefit of the heirs, executors, legal representatives, successors and assigns of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. SABBATINI SPORT, INC. BY HARLEY BALD IN DEXT R WILLIAMS, President c:\chm\re\baldwin.agt 3 • SECTION VII. PRE -APPLICATION CONFERENCE SUMMARY • • CITY OF ASPEN • PRE -APPLICATION CONFERENCE SUMMARY PROJECT:_ ---- APPLICANT' S REPRESENTATIVE:_k ,- ,G'" A C) N REPRESENTATIVE'S PHONE: c OWNER' S NAME: l ) L' ) Y1 1. Type of Application: o -? t 2. Describe action/type qqof develZop+mnit being requested: _4"V'\(_l , , A A*U_ 1 �� p nG re _--e- - e,01\ �}U u 1-',cl,W� mo1�t 4 3. A`Yeas is which Applicant types of reports requested: Policy Area/ bee requested Ito/respond, Referral Agent Comments ti, .r) 4. Review is: (P&Z Only)` CC Only (P&Z then to CC) 5. Public Hearing: (YES) (NO) 6. Number of copies of the application to be, ubmitted: L. 7. What fee was applicant requested to submit: 8. Anticipated date of submission: I r 9. COMMENTS/UNIQ E CON ERNS : v (1' �� , " frm.pre app SECTION VIII. SUBDIVISION EXEMPTION PLAT i ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 October 11, 1989 Catherine McMahon Garfield & Hecht 601 E. Hyman Aspen, CO 81611 RE: Collins Block Lot Line Adjustment Dear Catherine, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen City Council at a public hearing on Monday, November 13, 1989 at a meeting to begin at 5:00 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant MEMORANDUM TO: City Attorney City Engineer FROM: Leslie Lamont, Planning Office RE: Collins Block Lot Line Adjustment DATE: October 11, 1989 Attached for your review and comments is an application from Catherine McMahon on behalf of her client, Harley Baldwin, requesting approval of a lot line adjustment. Please review this information and return your comments no later than October 30, 1989. Thank you. v . i "+ OPF F?. 1 orID '-t— -7 Z " 4 � r _ N r-► C 0 i � L s.s U /71 -t Q Y f 0 W Z i s.� c) 4. 1 4 .e TIT LE L.IrvE i I o' j�. N i Y\.s PD) OCR (� Z 5-T�RY BRtGK, BUILDING ,3 -7.3 PAv ED S�i"ORAGE YA R D C m u W T ;0 i� METAL _0 54-A EO N 5EE LINE AGP,E.EMENT FOR 13K. Z39 PCB 4 �Jd ALLEY BLOCK 88 E a � t '�-� � vaec�• �13 v I t� 6v, l,n Oil k- ��ly — 30 1 570R'-( C.M.U. NIATU BU11_DI NG zs,] O.09's- WE5T �UTH Zo 0 F= t_U'r D o -,'+ IN F� 5 O.Z,:t OVLR I~; i