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HomeMy WebLinkAboutagenda.hpc.20111109 ASPEN HISTORIC PRESERVATION COMMISSION REGULAR MEETING NOVEMBER 9, 2011— 5:00 P.M. CITY COUNCIL CHAMBERS 130 S. GALENA ASPEN, COLORADO SITE VISIT- 4:30: Please meet at 208 E. Main Street, Salon Tulio. We will then proceed to 320 Lake Ave. I. Roll call II. Approval of minutes — Oct. 26, 2011. III. Public Comments IV. Commission member comments V. Disclosure of conflict of interest (actual and apparent) VI. Project Monitoring: VII. Staff comments — (15 min.) VIII. Certificate of No Negative Effect issued (Next resolution will be #13 ) I. OLD BUSINESS A. 610 E. Hyman — Landmark Designation, Major Development and Commercial Design Review, Ordinance #48 negotiation — Public Hearing continued from Sept. 14 APPLICATION TERMINATED B. 610 N. Third — Minor — Public Hearing — continued from Oct. 26 (25 min.) APPLICATION WITHDRAWN II. NEW BUSINESS A. 320 Lake Ave. Conceptual Major Development for a Historic Landmark, On -Site Relocation, Demolition, Hallam Lake Bluff Review and Variances — Public Hearing (lhour and 20 min.) III. WORK SESSIONS A. 208 E. Main Street, Salon Tulio (30 min.) IV. 7:00 Adjourn Provide proof of legal notice (affidavit of notice for PH) Staff presentation Applicant presentation Board questions and clarifications Public comments (close public comment portion of hearing) Chairperson identified the issues to be discussed Applicant rebuttal (comments) Motion No meeting of the HPC shall be called to order without a quorum consisting of at least four (4) members being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote of a simple majority, but in no event less than three (3) concurring votes of the members of the commission then present and voting. PROJECT MONITORING- Projects in italics are not currently under construction. Sarah Broughton 610 W. Hallam 110 E. Bleeker 604 W. Main 222 E. Bleeker Brian McNellis 132 W. Main Fox Crossing 332 W. Main Ann Mullins Deep Powder Boomerang 604 W. Main 300 S. Spring 222 E. Bleeker Lift One 135 W. Hopkins Jay Maytin 28 Smuggler Grove 627 W. Main Red Butte Cemetery Lift One 920 W. Hallam Nora Berko 28 Smuggler Grove Jason Lasser 630 E. Hyman Boomerang Lift One 135 W. Hopkins Red Butte Cemetery Jamie Brewster McLeod 630 E. Hyman 202 N. Monarch Willis Pember 508 E. Cooper M: \city \planning\hpc project monitoring \PROJECT MONITORING.doc 11/2/2011 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer and Sara Adams, Senior Planner RE: 320 Lake Avenue- Conceptual Major Development, On -site relocation, Demolition, FAR Bonus, Variances and Hallam Lake Bluff Review- Public Hearing DATE: November 9, 2011 SUMMARY: 320 Lake Avenue is located in the R -6, Medium Density residential zone district. The subject lot contains a 19 century designated landmark and is defined as Parcel I of the Marshall Lot Split. The house fronts Lake Avenue and the rear of the property overlooks Hallam Lake. There is no alley access. A non - historic addition is evident on the north and rear (east) elevations of the historic house. The south and front (west) elevations appear to be unaltered. No documentation has been found to indicate whether the house is in its original location and an inspection of the basement/crawl space has not been attempted. Mature vegetation exists on the site. Parks has granted approval for the removal of the three deteriorated cottonwood trees that line the south lot line. The applicant requests approval to move the historic portion of the house to the southwest, to demolish non- historic additions, and to construct an addition to the north and east elevations of the historic home. The 500 square feet FAR Bonus is requested. Setback variances, a Residential Design Standard Variance and Hallam Lake Bluff Review are also needed. HPC has conducted two worksessions on this project over the past year. STAFF RECOMMENDATION: Staff recommends that HPC discuss the variances that are requested and determine whether any project revisions are appropriate or possible before approval is granted. APPLICANT: Contract purchaser, SC Acquisitions LLC, 2850 E. Broad Street, Columbus, OH 43209, represented by Bill Guth and CCY Architects. The current owner of the property, Ronnie Marshall of 320 Lake Avenue, Aspen, CO 81611, has consented to the application. PARCEL ID: 2735- 124 -01 -002 ADDRESS: 320 Lake Avenue, Parcel I of the Marshall Lot Split, Aspen. ZONING: R -6, Medium Density Residential, Historic Landmark 1 MAJOR DEVELOPMENT (CONCEPTUAL) The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. Major Development is a two -step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. Staff Response: The subject lot is 7,075 square feet in size, however a portion of the lot is deducted for the purpose of calculating allowed floor area due to steep slopes dropping towards Hallam Lake at the rear of the site. The applicant proposes to remove non - historic additions to the Victorian and to shift the building towards the southwest corner of the site to facilitate new additions and a garage. New additions to this Victorian are affected by some unique restrictions. The Marshall Lot Split was approved by City Council in 1987 forming Parcel I, the subject site, and Parcel II, a non - historically designated property to the south. A plat was recorded, however an Ordinance was never drafted or recorded. The plat notes state the following: "1. An addition to the existing house will not encroach into the existing side and front yard for Parcel I; 2. No decks or similar structures shall be constructed outside the building envelope." The plat indicates that the rear yard setback for Parcel I is 20' from the property line. The building envelope for Parcel I is defined on the plat as the footprint of the existing building, with the exception of the rear yard setback of 20'. The prohibition against additions in the front and side yards is a significant conflict with the proposed development, which generally maintains the current building setback on the north, but expands into the south setback and the front setback. Staff's assumption is that the condition of approval was put in place in part to protect cottonwood trees that have since been approved for removal, however there may have been other reasoning. An amendment to the subdivision plat and envelope by City Council will be required to permit development in these areas of the lot, subsequent to receiving HPC Conceptual approval. In addition to requesting Council remove the specific restrictive setbacks imposed by the Lot Split, the proposal does not meet standard R -6 sideyard setbacks or the combined sideyard setback, as further discussed later in the memo. The property has a larger than standard rear yard setback requirement in that new development is required to be approximately 25' from the rear property line because of its inclusion in the protected 2 Hallam Lake Bluff area, which was adopted after the Marshall Lot Split was approved. The property lacks an alley, which is the preferred location for parking and accessory uses to be screened from the street. Front portion of the addition: The applicant proposes a two bay garage on the front elevation. This element has the biggest visual impact on the historic home and a double bay garage, in a side -by -side configuration has been an apparent threshold issue for both HPC and the applicant at the previous worksessions. In order to reduce the impact of a garage adjacent to the front of the Victorian, the applicant has designed it to read as an accessory structure that is linked to the house with a recessed one story connector. The gable roofed portion of the garage is setback 10' from the frontmost wall of the historic home and the one story element that links the gable roofed garage bay to the Victorian is setback 14' from the historic home, which is 2' farther back than represented at the last worksession. The proposed garage location reveals more of the northern elevation of the historic home than the existing condition. Paving tracks are proposed to lead to the gable roof garage bay and Grasscrete and limited paving will be used for the rest of the driveway. The applicant is confident that Grasscrete can be successfully grown and maintained in this location on the site. Staff is supportive of the materials and finds that the Grasscrete helps to disguise the second garage bay. Generally, a single family home is expected to have two on -site parking spaces, enclosed or unenclosed. Staff finds that the proposal to disguise the garage as a single bay with a recessed connector is a creative approach that meets Guidelines 10.6, 10.8 and 10.9. Staff finds that the setback of the gable roofed garage stall is appropriate but recommends that the applicant look into increasing the setback of the one story element by a few feet to strengthen the feeling of separation between the building masses. This has been included in the draft resolution as a condition to be addressed at Final Review. The architect has indicated that another 2' of recess is feasible. 10.6 Design an addition to be compatible in size and scale with the main building. ❑ An addition that is lower than or similar to the height of the primary building is preferred. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. ❑ Locating an addition at the front of a structure is inappropriate. ❑ Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. ❑ Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 10.9 Roof forms should be similar to those of the historic building. ❑ Typically, gable, hip and shed roofs are appropriate. ❑ Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. 3 Rear portion of the addition: An addition with a long shed roof is proposed behind the historic house. The addition has a fairly significant setback from the street, which appears to minimize visual impacts in term of height and massing. The apex of the shed roof is just below the ridge of the historic resource. The street elevation provided in the packet is difficult to read in terms of the eave detail and the effect of a west facing bank of windows that is nearly as wide as the gable end on the historic house. The architect should provide additional renderings to assist HPC in finding that the rear portion of the addition meets Guidelines 10.6, 10.7 and 10.8. Overall, Staff finds that the conceptual design meets Guidelines 10.3 and 10.4. The addition successfully balances references to historic characteristics and modern design elements. The gable garage form is subtle and supports the historic resource while representing new construction. 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. ❑ A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. ❑ An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. ❑ An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. ❑ An addition that covers historically significant features is inappropriate. 10.4 Design a new addition to be recognized as a product of its own time. ❑ An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. ❑ A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. ON -SITE RELOCATION The intent of this Chapter is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical relationship to their surroundings as well as their association with events and people with ties to particular site. However, it is recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. The following standards apply for relocating a historic property as per Section 26.415.090.0 of the Municipal Code: C. Standards for the Relocation of Designated Properties Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 4 1. It is considered a non - contributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the historic district or property; or 3. The owner has obtained a Certificate of Economic Hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. Staff Response: The applicant proposes to pick up the historic home and move it to the southwestern corner of the lot. The historic home is to be situated between 2 existing street trees to ensure visibility from the right of way. This block is not depicted on the 1904 Sanbome Map and the house is not shown on the 1893 birds eye view map. Based on the condition and style of the foundation, Staff assumes that the building is in its original location but we do not have historical documentation available to confirm. The best justification for the Relocation is criterion C.4, above. HPC has frequently allowed building relocation in order to create enough of a footprint for an addition to reduce negative impacts on the historic resource. The applicant will be required to provide standard documentation and guarantees for the safe relocation of the structure. DEMOLITION It is the intent of this Chapter to preserve the historic and architectural resources that have demonstrated significance to the community. Consequently no demolition of properties designated on the Aspen Inventory of Historic Landmark Site and Structures will be allowed unless approved by the HPC in accordance with the standards set forth in this Section. The HPC shall review the application, the staff report and hear evidence presented by the property owners, parties of interest and members of the general public to determine if the standards for demolition approval have been met. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: a. The property has been determined by the City to be an imminent hazard to public safety and the owner /applicant is unable to make the needed repairs in a timely manner, • 5 b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area. Staff Response: No Sanborne Maps are available to help define the boundaries of the historic building, and the existing addition was designed in a similar style. However, site inspection of the inside and outside of the house reveals where additions were made on the north and rear facades, all of which is proposed to be removed. No areas of the historic resource are proposed to be removed, however since more than 40% of the existing structure is to be demolished, Demolition approval is necessary. Staff finds that "No documentation exists to support or demonstrate that the property (the portions of the building being demolished) has historic, architectural, archaeological, engineering or cultural significance." Staff also finds that the non - historic additions do not contribute to the significance of the parcel and their removal will not affect the integrity of the historic resource or the preservation needs of the area. FAR BONUS In selected circumstances, the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design of the project meets all applicable design guidelines; b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building; c. The work restores the existing portion of the building to its historic appearance; d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; e. The construction materials are of the highest quality; f. An appropriate transition defines the old and new portions of the building; g. The project retains a historic outbuilding; and /or h. Notable historic site and landscape features are retained. Staff Response: The application does not provide a detailed argument for why the bonus should be granted. With modifications discussed in this memo, staff does find that the design will meet 6 the applicable design guidelines. There is a careful effort being made to keep the Victorian prominent on the street and preserve the visual integrity of the Victorian era structure. No particular restoration efforts are described. The rear addition envelopes a quarter of the historic house (an area that was previously removed), and the location of a two car garage on the side of the historic house has been debated. Staff recommends that the applicant and HPC discuss the appropriateness of the bonus. SETBACK VARIANCES In granting a variance, the HPC must make a finding that such a variance: a. Is similar to the pattern, features and character of the historic property or district; and /or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Response: The application includes the following variance requests: providing a 1' 7" north side yard setback where 5' is required, providing a 4' south sideyard setback where 5' is required, and providing a combined sideyard setback of 5'7" where 20' is required . . This lot is not rectilinear and tapers towards the rear lot line. The pinch points where the proposal does not meet the setback requirements occur towards the center of the site. The north yard setback is very similar to what exists today. The proposed building width of 50' is similar to what is allowed on most standard West End lots which are 60' wide with a 5' sideyard on each side. That said, the lot is in fact larger than standard and the most significant deviation from required setbacks is the combined sideyard. Each side is to be 5' (which is not fully met on either yard.). One yard, or both yards should be greater than 5' for a combined total of 20'. Staff has some concerns about this, particularly given the condition on the Marshall Lot Split plat mentioned above, and the debated impact of a two car garage on the north side of the Victorian, which also necessitates a Residential Design Standards variance, discussed below. The addition on the north side of the Victorian includes an interior hallway, alongside the garage. Staff recommends the floor plan be re- worked to eliminate that corridor, thereby reducing the width of the north addition as viewed from the street and reducing the setback variances that are needed. RESIDENTIAL DESIGN STANDARDS The project does not comply with Residential Design Standards related to the width of the garage in comparison to the living area: 7 C. 2. For all residential uses that have access only from a public street, the following standards shall be apply: a. On the street facing facade(s), the width of the BB living area on the first floor shall be at least five (5) feet greater than the width of the garage or f o� , carport. ,'-x -y' /n -' All Residential Design Standard Variances, Pursuant to Land Use Code Section 26.410.020(D)(2) must: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Response: The width of the proposed living space facing the street is 24'5 ", while the width of the garage is approximately 22'. To meet this standard, the width of the garage should be reduced by 2'5" so that it is no more than 19'5 ". This would make one of the stalls two small for a vehicle. One possible solution is to increase the street facing living area and reduce the garage to one stall plus storage space. The applicant clearly wishes to have two stalls. HPC must determine whether the garage meets the review criteria for a variance. Please note that the staff suggestion above, to reduce the overall width of the street facing facade by removing an internal hallway would result in the living area being 20'5" with the 2 car garage remaining at 22,' which actually increases the dimension of the Residential Design Standard variance that is required. HALLAM LAKE BLUFF REVIEW Sec. 26.435.060. Hallam Lake Bluff review. A. Applicability. All development in that bluff area running approximately on a north -south axis bordering and /or overlooking the Aspen Center for Environmental Studies Nature Preserve and bounded on the east by the 7850 -foot mean sea level elevation line and extending one hundred (100) feet, measured horizontally, up slope and there terminating and bounded on the north by the southeast lot line of Lot 7A of the Aspen Company Subdivision and on the south by the centerline of West Francis Street, shall be subject to the review standards as set forth in this Section. 8 C. Hallam Lake Bluff review standards. No development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements: 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. 2. All development within the fifteen -foot setback from the top of slope shall be at grade. Any proposed development not at grade within the fifteen -foot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: a. A unique condition exists on the site where strict adherence to the top -of -slope setback will create an unworkable design problem. b. Any intrusion into the top -of -slope setback or height limit is minimized to the greatest extent possible. c. Other parts of the structure or development on the site are located outside the top -of- slope setback line or height limit to the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. 3. All development outside the fifteen -foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty- five - degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.104.100 and the method of calculating height set forth at Section 26.575.020. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty percent (50 %) of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with Section 26.575.150. 6. No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. 7. Site sections drawn by a registered architect, landscape architect or engineer shall be submitted showing all existing and proposed site elements, the top of slope and pertinent elevations above sea level. (Ord. No. 47 -1999, §3; Ord. No. 12, 2007, §23) 9 Staff Response: The applicant has provided written response to the review criteria, which staff finds are all met. The only work proposed below the top of slope is restoration of the bank, which must be coordinated with the Parks Department. The proposed construction meets the setback and height requirements. Native vegetation screening is planned and indicated on the site plan. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends restudy of the addition as it faces the street, in order to achieve the best preservation solution with the award of appropriate variances. A clearer west elevation (at a larger scale and a more crisp image) should be submitted for board review. Exhibits: A. Relevant HPC Guidelines B. Application Exhibit A: Relevant HPC Design Guidelines, Conceptual Review Walkways 1.9 Maintain the established progression of public -to- private spaces when considering a rehabilitation project. ❑ This includes a sequence of experiences, beginning with the "public" sidewalk, proceeding along a "semi- public" walkway, to a "semi- private" porch or entry feature and ending in the "private" spaces beyond. ❑ Provide a walkway running perpendicular from the street to the front entry. Meandering walkways are discouraged, except where it is needed to avoid a tree. ❑ Use paving materials that are similar to those used historically for the building style. Concrete, wood or sandstone may be appropriate for certain building styles. 8.3 Avoid attaching a garage or carport to the primary structure. ❑ Traditionally, a garage was sited as a separate structure at the rear of the lot; this pattern should be maintained. Any proposal to attach an accessory structure is reviewed on a case - by -case basis. 8.4 A garage door should be compatible with the character of the historic structure. ❑ A wood -clad hinged door is preferred on a historic structure. 10 ❑ If an overhead door is used, the materials should match that of the secondary structure. ❑ If the existing doors are hinged, they can be adapted with an automatic opener. 9.1 Proposals to relocate a building will be considered on a case -by -case basis. ❑ In general, relocation has less of an impact on individual landmark structures than those in a historic district. ❑ It must be demonstrated that relocation is the best preservation alternative. ❑ Rehabilitation of a historic building must occur as a first phase of any improvements. ❑ A relocated building must be carefully rehabilitated to retain original architectural details and materials. ❑ Before a building is moved, a plan must be in place to secure the structure and provide a new foundation, utilities, and to restore the house. ❑ The design of a new structure on the site should be in accordance with the guidelines for new construction. ❑ In general, moving a building to an entirely different site or neighborhood is not approved. 9.3 If relocation is deemed appropriate by the HPC, a structure must remain within the boundaries of its historic parcel. ❑ If a historic building straddles two lots, then it may be shifted to sit entirely on one of the lots. Both lots shall remain landmarked properties. 9.4 Site the structure in a position similar to its historic orientation. ❑ It should face the same direction and have a relatively similar setback. ❑ It may not, for example, be moved to the rear of the parcel to accommodate a new building in front of it. 10.2 A more recent addition that is not historically significant may be removed. 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. ❑ A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. ❑ An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. ❑ An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. o An addition that covers historically significant features is inappropriate. 10.4 Design a new addition to be recognized as a product of its own time. ❑ An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. ❑ A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. 11 10.6 Design an addition to be compatible in size and scale with the main building. ❑ An addition that is lower than or similar to the height of the primary building is preferred. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. ❑ A 1 -story connector is preferred. ❑ The connector should be a minimum of 10 feet long between the addition and the primary building. ❑ The connector also should be proportional to the primary building. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. ❑ Locating an addition at the front of a structure is inappropriate. ❑ Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. ❑ Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 10.9 Roof forms should be similar to those of the historic building. ❑ Typically, gable, hip and shed roofs are appropriate. ❑ Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. 14.17 Design a new driveway in a manner that minimizes its visual impact. ❑ Plan parking areas and driveways in a manner that utilizes existing curb cuts. New curb cuts are not permitted. ❑ If an alley exists, a new driveway must be located off of it. 14.18 Garages should not dominate the street scene. 14.19 Use a paving material that will distinguish the driveway from the street. ❑ Using a change in material, paving pattern or texture will help to differentiate the driveway from the street. ❑ Porous paving materials will also help to absorb potential water runoff typically associated with impervious surfaces such as asphalt or concrete. 12 - Application for Certificate of Appropriateness for Major HPC Development City of Aspen RECEIVED SEP 3 0 2011 COTY OF N COMMUNITY OEVE LOPME l ir \()) .. , ,,,,,,,., .;--%.r- 1- Ir., 1 N 4 . � i r i ar.c --- oar• '' �' ��_ , i F A e— -- OA Eli ..11191/ ' ~. ,� i "fir - , 320 Lake Ave. Aspen CO 81611 City of Aspen CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, (970) 429-2778 sara.adams @ci.aspen,co.us DATE: 12.11.09 n ; PROJECT: 320 Lake Avenue, Parcel l of the „ Marshall Lot Split REPRESENTATIVE: Rich Carr s r CCY Architects 228 Midland Avenues Basalt, co ,a �' } �' "y (970)927.4925 . s= . l' el, F , 4 rcarr @ccyarchitects.com _ :' =t TYPE OF APPLICATION: Certificate of Appropriateness for Major HPC Development, Demolition of historic property, Relocation of historic property, Setback Variances, Residential Design Standard Variances, Hallam Lake Bluff Review, Stream Margin Review, and Amendment to approved Subdivision Development Order. DESCRIPTION: Background: 320 Lake Avenue is located in the R -6 medium density residential zone district. There is no alley access: the house fronts Lake Avenue and the rear of the property overlooks Hallam Lake. Only one curb cut will be permitted for this parcel. The subject lot contains a 19th century designated landmark and is defined as Parcel I of the Marshall Lot Split. An unoriginal addition is evident on the north and rear (east) elevations of the historic house. The south and front (west) elevations appear to be in the original condition. No documentation has been found to Indicate whether the house is in its original location and an inspection of the basementkrawl space has not been attempted. Staff suggests the applicant check the maps and photographs at the Aspen Historical Society to possibly determine the original location and appearance of the home. The Marshall Lot Split was approved by City Council in 1987 that created Parcel I and Percent A plat was recorded, however an Ordinance was never drafted or recorded. The plat notes state the following: '1. An addition to the existing house will not encroach into the existing side and front yard for Parcel I; 2. No decks or similar structures shall be constructed outside the building envelope? The plat indicates that the rear yard setback for Parcel I is 20' from the property line. The building envelope for Parcel I is defined on the plat as the footprint of the existing building, with the exception of the rear yard setback of 20'. As stated in the plat notes, no additions are permitted in the front and side yards. An amendment to the subdivision plat and envelope will be required to permit development in these areas of the lot. Mature vegetation exists on the site that will require approval from the Parks Department to remove. Staff understands that Parks granted approval to remove 2 of the 3 cottonwoods along the south property line, and the applicant is appealing the denial of the 3rd tree removal request. Proposal: The applicant would like to relocate the historic home on Parcel I toward Lake Avenue, construct an addition that includes a two car garage and a two story living space, and apply for the 500 square foot FAR Bonus for landmark structures. HPC has purview over any development on Parcel I, Including landscape, and will assess the proposal's compliance with the Aspen Historic Preservation Design Guidelines for Landmarks (available at www.aspenpitkin.com.) The project is required to meet the Residential Design Standards. Due to the landmark status of the building and the confines of the lot, setback variances and Residential Design Standard Variances are probable for this project, which can be granted by HPC. Hallam Lake Bluff and possibly Stream Margin reviews are required for development at the rear of this parcel, which will occur at HPC as part of a consolidated application. A recent survey should be undertaken to plot the areas on the parcel that are subject to these reviews. Setbacks: The combined side yard setback dimension for this property will be calculated based on the entire lot size, which excludes any slope reductions for the property. The HPC will review the requested setback variances for a property within the R -6 zone district; however, City Council review Is required to amend the subdivision plat to redefine the building envelope for Parcel I. If the proposed changes are consistent with the approved plat, then the application will be processed as an "other amendment° by City Council. If the proposed 'changes are found to not be consistent with the approved plat, then the amendment is subject to review as a new development application for plat. PROCESS: 1. Worksesston with HPC. 2. Submit application for HPC review for items listed In #3. 3. HPC Conceptual Review of mass, scale, height, location (public hearing.) a. Relocation of historic house. b. 500 square foot FAR bonus for a landmark. c. Residential Design Standard variances. d. Setback variances. e. Hallam Lake Bluff Review (and Stream Margin Review if necessary.) 4. After HPC grants approvals listed in #3 above, submit application for Subdivision amendment. 5. City Council Amendment to a Subdivision Development Order, "other amendment" (public hearing.) 6. After Council review is complete, submit application for HPC Final Review. 7. HPC Final Review of fenestration, materials, detailed landscape plan (public hearing.) • Land Use Code Section(s) 26.304 Common Development Review Procedures 26.410 Residential Design Standards 26.415.070 (D) Certificate of Appropriateness for Major Development 26.415.080 Demolition of historic properties. 26.415.090 Relocation of designated properties 26.415.110 (B) Dimensional Variances for Historic Properties 26.415.1•0.E Floor Area Bonus 26.435.040 Stream Margin Review 26.435.060 Hallam Lake Bluff Review 26.480.080 (8) Amendment to Sudivision Development Order 26.575 Miscellaneous Supplemental Regulations 26.710.040 Medium- Density Residential (R -6) Review by: Staff for completeness, HPC for compliance with review criteria. HPC Conceptual Review generally addresses mass, scale, and height. Fenestration, materials, landscaping, and site lighting are addressed at Final Review. City Council will address the proposed amendment to the approved subdivision plat and the consistency of the proposed amendment with the original plat. Public Hearing: Yes at HPC (both Conceptual and Final) and City Council. Referral Agencies: None. Planning Fees: $2,940 Deposit for 12 hours of staff time for HPC reviews (additional staff time required is billed at $245 per hour); and $1,470 Deposit for 6 hours of staff time for City Council amendment to subdivision plat review. Referral Agency Fees: None. Total Deposit: $ 2,940 to submit application for HPC reviews; $1,470 to submit separate application for City Council review. To apply, submit the following Information: 1. Proof of ownership with payment. 2. Signed fee agreement (all applications) 3. Completed City of Aspen application form (all applications). 4. Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 6. Total deposit for review of the application. 7. Copies of the complete application packet and maps: 13 for HPC reviews and 8 for Council review. HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1/ea.; Planning Staff =1 8. An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. 9. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project Is determined not to warrant a survey document.) 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 12. Copies of prior approvals. 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)- preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word Is acceptable. Disclaimer: The foregoing summary is advisory In nature only and Is not binding on the City. The summary Is based on current zoning, which is subject to change In the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and P Mb w / se- a Wena`14 t t , (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for AN pm'»p1/i 77-0146@-10171"-1 ANC' ,04V177e (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to� a determination of application completeness, APPLICANT shall pay an initial deposit 7 in the amount of $ —' ( 415 which is for _ / , hours of Community Development staff time, and • if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APP ■ 0' By: By: e/ Chris Bendon / ;� - M,r.,5/ 14C Community Development Director Date: 9 ileav Billing Address and Telephone Number: Required , 211c.. - 7) eAS7 57: 4<1/6 ¢32� 9y° • Flo ' " Aspen Historic Preservation Land Use Application Requirements, Updated: May 29, 2007 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: 320 Lake Avenue Applicant: Ronnie Marshall / SC Acquisitions Project 320 Lake Avenue Location: Zone District: R -6 Lot Size: 7,075 SF Lot Area: 6,418 S F (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: — Proposed: Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: 3 Proposed: 5 Proposed %of demolition: >40% (not calculated) DIMENSIONS: (write n/a where no requirement exists in the zone district) Floor Area: Existing: 1, 657 Allowable: 3,798* Proposed: 3, 798* Height 20' mid point *With 500 s.f. FAR Bonus Principal Bldg.: Existing: 25' Ridlllewable: 25' Proposed: 25' Accessory Bldg.: Existing: N/A - Allowable: Proposed: -- On -Site parking: Existing: 1 Required: 2 Proposed: 2 % Site coverage: Existing: 2 4 % Required: 4 8 . 5 % Matroposed: 45% % Open Space: Existing: Required: N/A Proposed: Front Setback: Existing: 25 Required: 10 Proposed: 10' Rear Setback: Existing: 51 ' Required: 17 1 Proposed: 9 5 Combined Front/Rear: Indicate N, S, E, W Existing: N/A Required: - - - - Proposed: --- - Side Setback: S Existing: 18 ' Required: 5 ' Proposed: 4 ' * Side Setback: N Existing: 1 • 5 Required: 5 ' Proposed: 1 . 5 Combined Sides: Existing: 19 ' Required: 17 ' Proposed: 5 • 5 ' * * *to face of covered porch (8.5' to building face * *10'combined) Distance between Existing: N/A Required: Proposed: buildings: Existing non-conformities r encroachments and note if encroachment licenses have been issued: North side yard $ setback non conforming Variations requested (identify the exact variances needed): Combined side yard yard setback, residential design standard 26.410.040. C. 2.a Aspen Historic Preservation Land Use Application Requirements, Updated: May 29, 2007 General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved YES NO • ❑ Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? X ❑ Does the work you are planning include interior work; including remodeling, rehabilitation, or restoration? ❑ 7 Do you plan other future changes or improvements that could be reviewed at this time? ❑ Si In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior's Standards for Rehabilitation or restoration of a National Register of Historic Places property in order to qualify for state or federal tax credits? u U If yes, are you seeking federal rehabilitation investment tax credits in conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner - occupied residential properties are not.) ❑ ❑ If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use: ❑ Rehabilitation Loan Fund ❑ Conservation Easement Program X Dimensional Variances a Increased Density ❑ Historic Landmark Lot Split ❑ Waiver of Park Dedication Fees ❑ Conditional Uses X Exemption from Growth Management Quota System ❑ Tax Credits Aspen Historic Preservation Land Use Application Requirements, Updated: May 29, 2007 ATTACHMENT 2 - Historic Preservation Land Use Application PROJECT: . _. _.., _ .. -... -. Name: 320 Lake Avenue Residence Location: 320 Lake Avenue, Parcel I, Marshall Lot Split Block 20, Page 54 (Indicate street address, lot & block number or metes and bounds description of property) ParcelID# (REQUIRED) 273512401002 APPLICANT: Name: Rill Guth. SC Angni si t i nns TOW' Address: c/o SC Acquisitions LLC, 2850 E. Broad St. Columbus, OH 432(9 Phone #: 970 - 306 -8757 Fax #: E - mail: bguth@stagecapitol.com REPRESENTATIVE: Name: Rich Carr, 1Tnlin Schenck, ('rY Architects Address: 228 Midland Ave. Basalt, CO 81621 Phone #: 970- 927 -4925 Fax#: 970 - 927 -8578 E - mail: rcarr @ccyarchitects.com 3schenck @ccyarchitects.com TYPE OF APPLICATION: (please check all that apply): ❑ Historic Designation ❑ Relocation (temporary, on ❑ Certificate of No Negative Effect ❑ or off -site) © Certificate of Appropriateness ❑ Demolition (total ❑ -Minor Historic Development demolition) -Major Historic Development ❑ Historic Landmark Lot Split ❑ - Conceptual Historic Development ❑ -Final Historic Development - Substantial Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Historic home with several non - historic additions PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Rehabilitate historic home, remove non historic additions and add a new addition Aspen Historic Preservation Land Use Application Requirements, Updated: May 29, 2007 Ronnie Marshall 320 Lake Avenue Aspen, CO 81611 August 30, 2011 Sara Adams Senior Planner City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Sara, This letter shall serve to provide notice that 1 authorize SC Acquisitions, LLC, the contracted purchasers of my property located at 320 Lake Avenue, to conduct the following activities: • Conduct a Historic Preservation Commission 'work session' • Submit a Historic Preservation Application Package Thank you, Ronnie Marshall stewart title Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 View your transaction progress 24/7 via SureClose. Phone: 970- 925 -3577 Ask us about your login today! Fax: 866 -277 -9353 Date: August 22, 2011 Order Number: 949081 - -C3 Buyer: SC Acquisitions LLC, a Colorado limited liability company Seller: • Ronnie Marshall Property 320 Lake Avenue, Aspen, CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: Carolyn Ethridge Linda Williams 620 East Hopkins Avenue Phone: 970 - 766 -0234 or 866- 932 -6093 Aspen, Colorado 81611 Email Address: lwilliam3@stewart.com Phone: 970-925-3577 Fax: 866-277-9353 Entail Address: carolyn.ethridge®stewart.com SELLER: BUYER/BORROWER: Ronnie Marshall SC Acquisitions LLC, a Colorado limited liability 320 Lake Avenue company Aspen, Colorado 81611 LISTING BROKER: SELLING BROKER: Morris & Fynvald Sotheby's International Realty Alta Properties Attn: Tracy Eggleston Attn: William Guth 415 East Hyman Avenue P.O. Box 1444 Aspen, Colorado 81611 Carbondale, Colorado 81623 Phone: (970) 925 -6060 (970) 925-6060 Phone: (970) 306-8757 Fax: (970) 920 -9993 Email Address: william.n.guth@gmail.com Email Address: tracyaspen®yahoo.com ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by I stewart •title guaranty company Stewart Title Guaranty Company, a Texas Corporation ( "Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Conunitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. • Countersigned: Stewart ( 1 � � �� titlee ( guaaraant ty y company / - 24c 1 / ) ,'/Lv' �. r , � Senior Chairman of the Board :imbed Countersignature :6..........:. etre 0110t4 Stewart Title sion 0 Vic t Aspen Division :. 1'" e eP : Chairmen of the Board 620 Bast Hopkins Avenue • rex y s Aspen, Colorado 81611 < <_res _ Phone: 970- 925 -3577 President Fax: 866 - 277 -9353 • Order Number: 949081 -- ALTA Commitment (6/17/06) Title Officer: Linda Williams COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 11, 2011, at 8:00 a.m. Order Number: 949081 - -C3 Title Officer: Linda Williams 2. Policy or Policies To Be Issued: Amount of Insurance: (a) A.L.T.A. Owner's (Extended) $3,900,000.00 Proposed Insured: SC Acquisitions LLC, a Colorado limited Liability company (b) A.L.T.A. Loan • • 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: Ronnie Marshall (SEE REQUIREMENTS HEREIN) 5. The land referred to in this Conunitment is described as follows: PARCEL I, MARSHALL LOT SPLIT, according to the Plat thereof recorded January 26, 1988 in Plat Book 20 at Page 54 as Reception No. 296875. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: Statement of Charges: 320 Lake Avenue These charges are due and payable before a Policy can Aspen, Colorado 81611 be issued: Basic Rate 2006 Owner's Policy: $6822.00 Owner's Extended Coverage: $150.00 Tax Certificate: $20.00 COMMITMENT FOR TITLE INSURANCE SCHEDULE 13 — Section 1 REQUIREMENTS Order Number: 949081—C3 • The following are the requirements to be complied with: - 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title coimnitment. 5. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 6. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the ALTAJACSM, Survey LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 7. Trust Agreement for the Ronnie Marshall Living Trust Dated January 17, 2000 NOTE: The Agreement will not be recorded. 8. Execution by Authorized Trustee of the Ronnie Marshall Living Trust Dated January 17, 2000, of Statement of Authority pursuant to the provisions of Section 38 -30 -172 C.R.S. 9. Deed from Ronnie Marshall, Trustee of the Ronnie Marshall Living Tmst Dated January 17, 2000 conveying fee title to Ronnie Marshall NOTE: This Deed is needed because subject property or a portion thereof was conveyed to Ronnie Marshall, Trustee of the Ronnie Marshall Living Trust Dated January 17, 2000 by Quitclaim Deed recorded April 5, 2002 as Reception No. 465999 Said Deed used the prior legal description (one prior to the Marshall Lot Split Plat) 10. Release by the - Public Trustee of the Deed of Trust from Ronnie Marshall for the use of Wells Fargo Bank N.A. to secure $450,000.00, dated April 29, 2004 recorded May 5, 2004 as Reception No. 497218. This Deed of Trust secures an equity line of credit and/or revolving loan. The Company requires a satisfactory written statement from the existing lender confirming: (a) the payoff amount; (b) that the line of credit has been closed or frozen, and no further draws/advances will be permitted and/or the right to future advances has been terminated, and (c) ' agreement to deliver a fitll Release of Deed of Trust upon payment of the outstanding balance. 11. Release by the Public Trustee of the Deed of Tnst from Ronnie Marshall for the use of Wells Fargo Bank N.A. to secure $200,000.00, dated September 12, 2008 recorded October 10, 2008 as Reception No. 553482. 12. ► ►Release by Aspen Grove Associates LLC of the Promissory Note in the amount of $48,924.00 recorded August 22, 2011 as Reception No. 582119. 13. Relating to SC Acquisitions, LLC, The Company requires for its review the following: a) Copy of the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38 -30 -172 C.R.S. Note: The Colorado Secretary of State shows this company in good standing. 14. Deed from vested owner(s) vesting fee simple title in the purchaser(s). Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38 -35 -109 (2). • • COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 949081 - -C3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the laud and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, • imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon . covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. • 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in anywater service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded June 5, 1880 in Book 55 at Page 2 and in Book 55 at Page 32. 11. Easements, rights of way and all matters as shown on Plat of Marshall Lot Split recorded January 26, 1988 in Plat Book 20 at Page 54 as Reception No. 296875. 12. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. • DISCLOSURES Order Number: 949081 - -C3 Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (B) requires that `Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. • Note: Affirnrative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule 13, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single- family residence, which includes a condominium or townhouse unit. 13. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialnren's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to . the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10 -11 -123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. . This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. • NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable slate Mw and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm- Leach - BlileyAct (GLBA). The types of personal infonnation we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share and whether ou can limit this sharin:. : .w NJ^' ter ' ...c�z:+ x :� roa a- s two' Y- "'s s e . ; riajta • F r* ;.f.x 8 H W ti � s_ :., 4 o )19re �W f�t shariug7 For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as Yes No processing transactions, mailing, and auditing services, and responding to court orders and Legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For Joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates aro companies related byconulon ownership or control. They can be Yes No financial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Tide Company For our affiliates' everyday business purposes— infonnation about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non- affiliates to market to you. Non - affiliates are companies not related by common No We don't share ownership or control, They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. if you request a transaction with a non- affiliate, such as a third party insurance company, we will disclose your personal infonnation to that non - affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] TT .1 } ° _� `��'�t��lr. _ ; -xzz F.L. 7_- ,. try -^E. 7;;,. How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction . about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use security personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? • request insurance- related services • provide such infonnation to us We also collect your personal infonnation from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. m 4 - :a,, if you have anyquestions about this privacy notice, please contact us at Stewart Title Guaranty Company, . ,:24,„--x2,�Aa,�- b....:2ki 1980 Post Oak Blvd., Privac Officer Houston, Texas 77056 Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has beeq authorized to receive funds and disburse them when all fiords received are either: (a) available for inunediate withdrawal as a matter of right from the financial institution in which the fiords are deposited, or (b) are available for inunediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the fluids are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a find established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. • CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability • previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. - stewart •title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. 335 LAKE AVE LLC ASPEN CENTER FOR ENVIRONMENTAL ATCHLEY MARK AMES 50% 715 W MAIN ST #101 STUDIES 292 RIVERSIDE DR #5A ASPEN, CO 81611 100 PUPPY SMITH ST NEW YORK, NY 10025 ASPEN, CO 81611 BELL 26 LLC BLOCK FAMILY TRUST CONOVER CATHRINE M PO BOX 1860 311 W NORTH ST 2715 M ST NW #300 BENTONVILLE, AR 72712 ASPEN, CO 81611 WASHINGTON, DC 20007 COTSEN 1985 TRUST D W RINGSBY ENTERPRISES LLC E A ALTEMUS PARTNERSHIP LLLP 12100 WILSHIRE BLVD STE 905 1123 AURARIA PKWY # 200 PO BOX 5000 LOS ANGELES, CA 90025 DENVER, CO 80204 ASPEN, CO 81612 EFH HOLDINGS LP GREENBERG ASPEN LP 50% GREENBERG RONALD K TRUSTEE 50% PO BOX 8770 #3 BRENTMOOR 3540 WASHINGTON ASPEN, CO 81612 ST LOUIS, MO 63105 ST LOUIS, MO 63103 HUNT ELLEN 12.8066% LAND TRUST LEYDECKER SUZANNE LYNNE PO BOX 8770 1650 TYSONS BLVD #900 710 N THIRD ST UNIT A ASPEN, CO 81612 MCLEAN, VA 22102 ASPEN, CO 81611 LUBAR SHELDON B & MARIANNE S LUNDGREN WIEDINMYER DONNA TRST LUNDY NICHOLAS BURWELL 50% 700 N WATER ST #1200 PO BOX 6700 292 RIVERSIDE DR #5A MILWAUKEE, WI 53202 -4206 SNOWMASS VILLAGE, CO 81615 NEW YORK, NY 10025 MARSHALL RONNIE MUSTANG HOLDINGS LLC NITZE WILLIAM A 320 LAKE AVE 3131 S VAUGHN WY #301 1537 28TH ST NW ASPEN, CO 81611 AURORA, CO 80014 WASHINGTON, DC 20007 OAK LODGE LLC 87.1934% PERROS DIMITRI & DIANE PHELPS MASON C/O WILLIAM 0 HUNT 79 LOCUST RD PO BOX 2429 PO BOX 7951 WINNETKA, IL 60093 LA JOLLA, CA 92038 ASPEN, CO 81612 PINES DAVID & ARONELLE S TRST RICHARDS ANN K SCHIFF DAVID T PO BOX 576 1537 28TH ST NW C/O ATLANTIC TRUST CO TESUQUE, NM 87574 WASHINGTON, DC 20007 1177 AVE OF THE AMERICAS, 42ND FL NEW YORK, NY 10036 TATEDAISY LLC 600 N THIRD ST ASPEN, CO 81611 C ( Y September 30, 2011 Re: 320 Lake Avenue — Project Description This proposal is for the rehabilitation of and addition to a historic home on 320 Lake Avenue. The general concept is to shift the historic home to the south and toward the street onto a new foundation and create an addition to the north and back of the historic home. In the process we will remove the non - historic additions from the 1970's and 80's and add a garage and connector to the north. The garage is setback approximately 15' from the front of historic porch and is scaled to resemble a one story "carriage house" one car garage and a further setback second garage bay / connector. The primary addition will be behind, toward the back of the lot, largely out of view from the street and allowing the historic home to be the predominant element. The rear of the addition will respect the special Hallam Bluff setback requirements, being 15' back from the top of the surveyed bluff as well as a 45 degree setback per Sec. 26.435.060.0 . A combined setback variance will be required. The proposal is in keeping with the City of Aspen Historic Preservation Guidelines. A variance will be required for section 26.410.040.C.2.a of the Residential Design Standards. The proposed residence is approximately 3798 sf FAR, including the request for the 500sf FAR bonus for an exemplary project. The design takes significant steps to preserve and rehabilitate the historic resource, taking care to only connect to the historic home where it has been previously disturbed by earlier non- historic additions. We have worked very hard to entirely hide the second garage door, going to the length of using an outward swing door that will be entirely integrated with the surrounding siding material. We have also taken many steps to minimize paving to the garage, having only two small wheel paths and are utilizing grass -crete in front of the second door to further de- emphasize it. Building materials for the addition are envisioned as primarily a naturally stained wood siding, with aluminum clad wood windows, and a standing seam metal roof. The applicant is committed to creating an exemplary project and intends to undertake extensive steps to rehabilitate the historic resource to the greatest extent possible. , fitl =' C C Y A R C H I T E C T S This application is in compliance with the Hallam Lake Bluff review standards; however, the project requires a variance for section 26.410.040.C.2 of the residential design standards, as well as a variance for combined side yard setbacks. The Hallam Lake Bluff review is in compliance, the following is excerpted text from the Land Use code with compliance explanations in italics. Sec. 26.435.060. Hallam Lake Bluff review. C. Hallam Lake Bluff review standards. No development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements: 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. Response: The only development planned for areas below the top of slope is to return the existing retaining wall and associated grading to its predevelopment state with native vegetation. 2. All development within the fifteen -foot setback from the top of slope shall be at grade. Any proposed development not at grade within the fifteen -foot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: Response: All proposed development is either at grade, or outside of the 15' setback. a. A unique condition exists on the site where strict adherence to the top -of -slope setback will create an unworkable design problem. b. Any intrusion into the top -of -slope setback or height limit is minimized to the greatest extent possible. c. Other parts of the structure or development on the site are located outside the top -of -slope setback line or height limit to the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. 3. All development outside the fifteen -foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty- five - degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.104.100 and the method of calculating height set forth at Section 26.575.020. Response: The proposed development steps back along the fifteen foot setback, is below the forty-five degree angle of the ground plane at the top of slope, and is within the prescribed height limit. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty percent (50 %) of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. Response: The landscape plan indicates the required native vegetation. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with Section 26.575.150. Response: All proposed exterior lighting shall meet this standard. 6. No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. Response: The only grading near or within the face of the slope shall be to return the area near the top of slope to its predevelopment state. (removal of existing retaining structure) 7. Site sections drawn by a registered architect, landscape architect or engineer shall be submitted showing all existing and proposed site elements, the top of slope and pertinent elevations above sea level. (Ord. No. 47 -1999, 43; Ord. No. 12, 2007, 423) Response: The site sections included in the packet indicate the top of slope and all other required information. COTTLE CARR YAW ARCHITECTS LTD 228 Midland Ave PO Box 529 Basalt CO 81621 970 - 927 -4925 fax 970- 927 -8578 ccyoffi ce ©ccyarchitects. com Request for variance on the residential Design Standards: 26.410.040.C.2 of the Residential design standards. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. Considering that this lot has access only from the street side, and the lot is limited on depth due to its location within the Hallam Lake Bluff we are requesting a variance for this section of the Residential Design Standards. This lot has a natural access point which is the existing drive that is on the north side of the lot along Lake Avenue. Given this we are proposing that the garage is aligned with this drive and the Historic Asset (living space) shall be shifted to the south to preserve its form and better expose it to the street front. This code section states that the Living space shall be 5 feet greater than the width of the garage. In this case, the size of "living space" is fixed, as it is a historic asset. We have designed the massing to meet the intent of this section. The garage has been broken down into two forms, the first is a "carriage house" element to the south and the second garage bay is hidden within a "connector ". The Living portion of the elevation is 20' -6" wide, and the 'carriage house' element is 12' -0" wide. This massing meets the overall objective of this section which is to emphasize the living space element. Request for variance of side yard setbacks, 26.710.040.D.6 The underlying zone is R6, this zone requires the side yard setbacks to be "15 feet, plus 1 foot for each additional 200 square feet of lot area, to a maximum of 25 feet of total side yard." This lot is calculated to be 6418 sf and therefore requires a 17' combined side yard setback. We are requesting a combined side yard setback of 5'6" (if the historic covered porch portion of the house were allowed to be within the setback, the combined side yard would be over 10') There are a number of constraints on this site that shape the design and diminish the ability to have the required side yard setbacks. - There is no alley access on this lot, which forces the automobile access point to be on Lake Avenue. The width of the existing historical asset paired with the required automobile access and 2 off street parking spaces, the width of the design pushes into the setbacks. - This lot is within the Hallam Lake Bluff which shortens the developable area of the lot. - The site is also constrained because of our client's desire to restore, rehabilitate and showcase the historical asset. The design strives to maximize the exposure of the historical asset. Doing this showcases the quality and preserves the basic form of the asset, however it also diminishes the available site area. - The project is maintaining an existing non - conforming setback on the North side of the current non - historic footprint however it does reduce the amount of building elements within that nonconforming setback. The majority of the proposed design and addition is within a foot of conforming to required combined side yard setback. 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