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agenda.hpc.20120912
ASPEN HISTORIC PRESERVATION COMMISSION REGULAR MEETING SEPTEMBER 12, 2012 CITY COUNCIL MEETING ROOM 130 S. GALENA ASPEN, COLORADO SITE VISIT- Please visit the project sites on your own 5:00 INTRODUCTION A. Roll call B. Approval of minutes C. Public Comments D. Commission member comments E. Disclosure of conflict of interest (actual and apparent) F. Project Monitoring G. Staff comments Discussion of proposed new policy on new information submitted by the applicant at HPC hearings H. Certificate of No Negative Effect issued I. Submit public notice for agenda items OLD BUSINESS A. None 5:10 NEW BUSINESS (Next Resolution will be #21) A. 1006 E. Cooper Avenue, Conceptual Major Development, Demolition and Variances, PUBLIC HEARING 6:20 B. 42Q, E. Cooper Avenue, Conceptual Major Development and Conceptual Commercial Design Review, Demolition, Mountain View Plane Review, PUBLIC HEARING WORKSESSION A. None 7:30 ADJOURN TYPICAL PROCEEDING- 1 HOUR 10 MINUTES FOR MAJOR AGENDA ITEM Provide proof of legal notice (affidavit of notice for PH) Staff presentation (5.minutes) Applicant presentation (20 minutes) Board questions and clarifications (5 minutes) Public comments (close public comment portion of hearing) (5 minutes) Chairperson identified the issues to be discussed HPC discussion (15 minutes) Applicant rebuttal (comments) (5 minutes) Motion (5 minutes) *Make sure the motion includes what criteria are met or not met. 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 bold are currently under construction. Ann Mullins 217 E. Bleeker-Kribs 205 S. Spring-Hills Fox Crossing. Boomerang 604 W. Main Lift One 316 E. Hopkins 610 W.Hallam-light AspenCore Jay Maytin 518 W. Main-Fornell Red Butte Cemetery 320 Lake 435 W. Main-AJCC 920 W. Hallam 28 Smuggler Grove Lift One Nora Berko 1102 Waters 332 W. Main 28 Smuggler Grove Jamie Brewster McLeod 518 W. Main-Fornell 205 S. Spring-Hills 302 E.Hopkins-Hillstone Restaurants 1102 Waters Sallie Golden Jane Hills 320 W. Hallam Street Willis Pember 508 E. Cooper Hotel Jerome 202/208 E. Main AspenCore Patrick Segal M:\city\planning\hpc project monitoring\PROJECT MONITORING.doc 9/6/2012 P1 - A * MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: 1006 E: Cooper Avenue- Conceptual Major Development, Conceptual Demolition, Relocation, Demolition, Setback Variance, Public Hearing DATE: September 12, 2012 SUMMARY: 1006 E. Cooper Avenue is a 4,372 square foot lot that currently contains a remodeled Victorian home and an outbuilding. The property owner requests HPC approval to demolish all non-historic construction on the site, move the house to the east and construct a new addition. A portion of the proposed addition would require a rear yard setback variance. Staff finds that the length of the connector element and placement of the miner's cottage should be discussed. Because HPC input and possible adjustment to the plans is needed, we recommend continuation to November 10'. APPLICANT: BMD Aspen LLC, represented by 1 Friday Design Collaborative. PARCEL ID: 2737-182-32-004 ADDRESS: 1006 E. Cooper Avenue, Lot L and the West 10' of Lot M, Block 34, City and Townsite of Aspen. ZONING: RMF, Residential Multi-Family. CONCEPTUAL MAJOR DEVELOPMENT 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 1 P2 envelope of the structure(s) andlor 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: Conceptual review focuses on the height, scale, massing and proportions of a proposal. The relevant design guidelines are attached as "Exhibit .: A." HPC held a worksession to discuss this project with the architect in March 2012. `- At that time, Derek Skalko introduced diagrams that suggested at least two rr additions have been made to what was a simple gable roofed building. The property ^ happens to be just outside of the area covered by the historic Sanborne Maps that are often used for HPC reviews. There is very little documentation of the original design of the house. The architect was able to interview a former long-time resident, who has indicated that his 1006 E. Cooper, 1980 father built the additions, and built the outbuilding along the alley. The proposal is to demolish all of the non-original construction. Because this will result in over 40% of the existing building being removed, the maximum floor area allowed on the property will be reduced by 20%. The Residential Multi-family zone district includes a disincentive for the construction of new single family homes, as opposed to higher density development. Once this project crosses the 40% demolition threshold, it will be considered a new home from the Zoning perspective. The proposed project complies with the lower FAR, which is 2,192 square feet. No FAR bonus is requested. The proposal involves an on-site relocation of the miner's cottage, which will be linked to a new addition with a connector. The connector is 8 ft long, just less than the 10'called for in this guideline: 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. 2 P3 Staff suggests that HPC require the 10' connector and either allow the miner's cottage to be moved forward an additional 2', which will still meet the front yard setback allowance, or require that the addition move back 2', which may necessitate a public notice for rear yard setback variance at Final. The minimum connector length was established to give the miner's cottage as much breathing room as possible. The packet includes site lines showing that the 2 story addition will be successfully screened when viewed from directly in front of the house. When viewed from other angles though, the additional connector length could be beneficial. Aside from the connector, staff finds that the proposal meets the design guidelines. The massing, proportions and roof form of the addition have a compatible relationship to the historic structure. The portion of the addition that is not screened by the historic house is one story tall. The historic building has substantial visibility and lawn area around it. The addition is very simply detailed. There are a few restoration related issues that should be discussed in more detail at Final. The existing chimney stack along the west side of the Victorian seems to be drawn differently in plan view and elevation. More information is needed. The specifics of existing and proposed windows and doors on the Victorian need to be clarified. For instance, the upper floor window that is on the front of the house now, and shown on the proposed drawings, does not appear in the 1980 photo on the previous page. Finally, staff would like to emphasize that the guidelines require the front door of the historic structure to be the main entry into the home. See guideline 4.1. DEMOLITION The applicant proposes to remove additions from the original Victorian house and to totally demolish the outbuilding. tt F Gx N It is the intent of the historic preservation t t k }+ A � ordinance to preserve the ire f a historic and architectural r resources that have demonstrated significance to the community. Consequently no _ demolition of properties designated on the Aspen - ' Inventory of Historic Landmark Site and -. w Structures will be allowed unless approved by the HPC in accordance with the standards set forth in this Section. View of rear addition 3 P4 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, b. The structure is not structurally sound x despite evidence of the owner's efforts 3 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 3 ' p View of outbuilding 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: Staff finds that no documentation exists to demonstrate that the additions to the original gable roofed structure have historic significance, and that demolition of these elements will not result in a loss of integrity to this building or adjacent buildings. We have the same finding for the alley structure. A former resident has provided information on the construction history. We have no documents that show the outbuilding existed in the 1800s. (The 1893 Bird's Eye View of Aspen, which shows this property in the far distance, does not appear to include an outbuilding, nor does the Willit's Map of 1893.) 4 P5 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: 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 proposal is to move the'historic structure approximately 5' south and 5' north. Staff has suggested that .. additional movement may be needed in order to lengthen the connector piece. The adjacent photo, date unknown, shows 1006 E. � I Cooper in relative alignment with the Victorian to the west. P6 The proposal that has been submitted will place 1006 E. Cooper more than 5' in front of the adjacent historic resource. This may diminish their relationship to each other. On the other hand, 1000 E. Cooper may be moved forward itself in a future redevelopment. This area is not a historic district and there is substantial new development surrounding the remaining miner's cottages. Staff recommends that the proposed location be allowed. If the HPC does wish to see a longer connector element, it should probably be accomplished by moving the new construction closer to the alley. 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 applicant requests a 5' reduction in the rear yard for the master bedroom only. The garage can be 5' from the property line, as shown, but the bedroom area above it is supposed to be set back 10'. Staff supports the concept of a setback variance in order to provide relief to the miner's cottage. We suggest the possibility of moving the addition closer to the alley than proposed. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends that HPC continue the project to November 14th for restudy of the connector and site plan. Exhibits: A. Relevant Guidelines B. Application 6 P7 Exhibit A 4.1 Preserve historically significant doors. ❑' Maintain features important to the character of a historic doorway. These may include the door, door frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking sidelights. • Do not change the position and function of original front doors and primary entrances. • If a secondary entrance must be sealed shut, any work that is done must be reversible so that the door can be used at a later time, if necessary. Also, keep the door in place, in its historic position. ❑ If the secondary entrance is sealed shut, the original entrance on the primary facade must remain operable. 7.1 Preserve the original form of a roof. ❑ Do not alter the angle of a historic roof. Instead, maintain the perceived line and orientation of the roof as seen from the street. ❑ Retain and repair roof detailing. 8.1 If an existing secondary structure is historically significant, then it must be preserved. ❑ When treating a historic secondary building, respect its character-defining features. These include its primary and roof materials, roof form, windows, doors and architectural details. ❑ If a secondary structure is not historically significant, then its preservation is optional. 8.2 If an existing secondary structure is beyond repair, then replacing it is encouraged. ❑ An exact reconstruction of the secondary structure may not be necessary in these cases. ❑ The replacement should be compatible with the overall character of the historic primary structure, while accommodating new uses. 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. 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. 7 P8 ❑ It may not, for example, be moved to the rear of the parcel to accommodate a new building in front of it. 10.1 Preserve an older addition that has achieved historic significance in its own right. ❑ Such an addition is usually similar in character to the original building in terms of materials, finishes and design. 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. ❑ 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. 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. Li 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. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. ❑ For example, loss or alteration of architectural details, cornices and eavelines should be avoided. 8 P9 PO BOX 7928 Aspen,CO 81612-7928 Phone:970.309.0695 E-mail/Web:derek Qlfridav com/www.lfriday.com To: Ms.Amy Guthrie; Director From: Derek Skalko, Principal The Aspen Historic Preservation Commission 1 Friday Design Collaborative E-mail: Amy.Guthrie @ci.aspen.co.us Date: July 2"d, 2012 Phone: 970.429.2758 Pages: 4 Re: 1006 East Cooper Avenue—Explanation/CC: file Major Conceptual Development 1006 East Cooper Avenue HPC Major Development—Conceptual Submission Dear Amy&Members of the Aspen Historic Preservation Commission, We are approaching the commission on behalf of BMD Aspen LLC, care of Mr. & Mrs.Adam & Kirstin Gillespie, managers and property owners of 1006 East Cooper, an approximate 4,372 sq ft property located in the East End District of Aspen. The property is legally defined as Lot L&West 10'of Lot M, Block 34 within the Additional Townsite of Aspen and is, by definition a non-conforming lot according to land use code. The site contains two detached residential structures in addition to a mid to late 1990's shed. The main residence was initially a 15'x 20' 1890's mining cottage to which two major time period additions have been added. The first dates from between the late 1930's to early 1940's with the most recent addition likely dating to the mid to late sixties. The 1890's and 1940's portions of the main residence were"tinkered with" according to the Maurin family at the time of the last addition to provide for a basement area underneath the home as it exists today, and it is believed the"off-axis"orientation of the home occurred at this time.A major interior remodel in the late 1990's, early 2000's also appears likely. The alley outbuilding residence was constructed by the Maurin family in the late 1930's—early 1940's as a barn for small animals,and underwent additions in both the 1960's and again in the 1990's. During our initial work session with the HPC, the history of the property was discussed in depth along with the pros and cons confronting the realty of the property. It was the opinion of the work session a solution seeking to remove all additions to the main historical cottage made the sense in terms of historic restoration/preservation. We are here before you to begin the process of seeking approval for a solution that addresses this primary desire by proposing the removal of all additions to the main residence with a sensitive and conscientious approach to the mass, proportion, and scale of the proposed new addition. Additionally, we are requesting the full removal of the existing non-conforming alley outbuilding, a non-legal residential unit encroaching into the west neighboring property by 6" in addition to encroaching 7'-3" into the public alley right of way. We honestly believe the proposed solution both facilitates the desires of 1006 East Cooper Avenue property from a modern living standpoint, and also from the historical perspective of preserving what we believe to be the true historical asset of the parcel that is a visible and prominent amenity to the scale and context of the East Cooper neighborhood and greater community. Packet Submission: The 24 x 36"drawing packet included for your review of 1006 East Cooper includes the following: Sheet A10: Existing Site Survey with noted structures, topography, and all property and easement setback conditions as recorded. P10 Sheet A11: A historical breakdown of the building timeline history as understood to the best of our research via existing records and personal accounts. Additionally, an existing site plan is provided as well with Zoning and FAR site specific information. Sheet A20: Existing plans, elevations and FAR calculations of the alley outbuilding we are requesting the removal of. Sheet A21: Existing plans and FAR calculations of the main mining cottage. Sheet A22: Existing elevations of the main mining cottage. Sheet A23: Proposed site plan and proposed lower level plan for 1006 East Cooper property. Sheet A24: Proposed main level and upper level floor plans for 1006 East Cooper property. Sheet A25: Proposed East Cooper Massing Comparison Street Elevation and West Side Yard View Plane and Massing Comparison elevation for 1006 East Cooper property. Sheet A26: Proposed elevations of 1006 East Cooper property for massing and scale associations. Proposed Project Overview, Variance Requests & Bonuses sought regarding 1006 East Cooper: In discussing the proposed project for 1006 East Cooper, the general program of the home is essentially maintaining a similar program to the existing conditions by maintaining similar bedroom counts and FAR comparatives. The major departure for the proposal of 1006 from the existing site is how we are seeking to"re-appropriate"the allowable FAR square footage of the disjointed existing two residence property into a cohesive single family residence with the major addition of usable habitable area within the lower sub-grade level of the home, improved outdoor community amenity, and alley access to provide for at least one enclosed parking area. By proposing to eliminate approximately 51% of the existing main residence (the additions) and the rear alley outbuilding in full,we are aware that our allowable FAR for the property will be subject to the 80% allowable FAR of the property site, which we have anticipated and designed accordingly within. We additionally have taken into consideration the 128 square foot perpetual easement reduction of the property, further reducing our allowable FAR. All things said, we are proposing a home that is at an FAR of 2192 square feet or less, and requests no variances from the Aspen Land Use Code Zoning Section 26.710 on the South (East Cooper Fagade)and Neighboring (West—East Side Yard)Areas of the property. We are requesting a 5'variance from the 10' habitable rear yard setback along the North rear property line (Alley) to accommodate for the second story massing of the structure, which is requesting this specifically to try and maintain the proposed two story massing completely in cardinal axis with the historic resource to the front. The second story is broken accordingly with 4'-9" of the second story aligning with the garage wall below. The remaining 10'-6" of the second story massing is pulled back an additional 2'-8". We feel this helps reduce the visual impact of any proposed addition from the alley while allowing us the ability to maintain 8'of separation between the historic resource and the proposed new construction at the second level from the primary view plane of East Cooper. Please note the existing habitable encroachment is 7'-3" over the property line, so this would improve the existing condition by 12'-3". The garage as proposed would facilitate 1 vehicle, so we would additionally be improving our current situation of having no on-site parking. Regarding the HPC FAR Bonus, as the project is currently presented, we would like to discuss our ability to seek a bonus under the parameters of the historical restoration we are intending, but we do want to emphasize that the project, per our July 2012 submission, does not require any bonus as designed currently. We believe the square footage, scale, and massing of the project as proposed is a very appropriate strategy for 1006 East Cooper, and we would be interested in understanding possible TDR scenarios where an FAR bonus could be transferred to "receivership" sites in addition to the standard methodologies associated with the HPC FAR bonus potential if our project were deemed worthy of such. Residential Design Standards&compliance/applicability towards 1006 East Cooper: A. Site Design: Currently, the 1006 East Cooper Residence is off cardinal axis respective to the established property definitions. It is believed the mining cottage has been shifted throughout its existence at 1006 East Cooper, and we are proposing to move the structure 5' East and 5' South in the concept,and in this proposal,we are requesting to align the residence accordingly with the cardinal access directions of the lot. This would bring the residence into RDS compliance and would be in accordance with the typical conditions found through the East P11 Cooper neighborhood regarding orientation. Our proposal of requesting the 5' shift of the property towards East Cooper additionally brings us closer to the compliance of RDS Build— to-Lines as defined in 26.410.040. The massing of the proposed structure is in accordance with RDS Building Form requirements in full if we were to push the home forward an additional two feet,this is a topic we are interested in discussing further. B. Per RDS, any residence that has access to a private road or alley is required to utilize this amenity. We are proposing a design that is in accordance with RDS Sections pertaining to Parking, Garages,and Carports. C. In discussing building elements, both the proposed restoration of the historic mining cottage and the proposed new construction are in full compliance of all sections pertaining to Section 26.410.040, Paragraph D and Subsections. The massing inflection proposed for 1006 East Cooper is in accordance with the neighboring parcels having the primary one-story sections of the proposed residence inflect to the historic corner property situated to the direct west neighboring property. Request for Partial Demolition/Restoration of the Main Mining Cottage& Removal of the Alley Outbuilding: In looking at the redevelopment of 1006 East Cooper, we have given a great deal of thought to what really is the most historically significant aspect of the parcel, and we keep coming to the conclusion the significant restoration of the 1890's mining cottage portion of the property is the most significant aspect from the sense of integrity, community context and amenity, and functionality to the larger sense of the property. Because of this,we have developed a concept that proposes taking the property back to this structure as a starting point and developing the project accordingly. Saying this,we are requesting the 100% removal of the additions to the main residence, which comprise approximately 51% of the main structure and the full removal of the alley outbuilding. Per Aspen Land Use Code, Section 26.415.080, we do believe our request for demolition of the alley outbuilding and the partial demolition of the secondary additions to the mining cottage are warranted per the following requirement, which at least one characteristic must be 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, 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 Per discussion with the original owners, we believe the mining cottage additions and the building currently existing along and into the alley of 1006 East Cooper Avenue date from time periods of construction likely between the years 1938 to 1942 and 1964 to 1969 when evaluating and comparing the construction found on site and in the neighboring community. 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. We believe our request for demolition of the alley outbuilding does meet all additional criterion as described per the Aspen Land Use Code, Section 26.415.080. For reasons already stated, we do not P12 believe the building additions contribute to the historical time period of significance specific to the main historical residence of the property, nor,specific to the alley structure, benefit the modern realities of the parcel as defined by the Aspen Land Use Code regarding land use, encroachments, residential design standards, established zoning standards, and amenity to the improvement of the existing parcel. We believe the removal of the additions and the outbuilding will, in fact,enhance the historic amenity of the property, reduce the off site parking burden to the city of Aspen by providing alley access and room capable for vehicular use, and improve the overall land use nature of the area by eliminating the existing encroachments into both the neighboring west side property. The removal'of the outbuilding will significantly improve the land use realities further with the eradication of the encroachment of the building into the alley public right of way which is currently T-3". The architectural relationship of the building in accordance with the neighboring properties is minimal,as the east property is a non historic construction over 2-1/2 times its existing height, and the neighboring west property is and has been in neglect for a period of time,and likely may see redevelopment in the next several years. Drawing documentation, imaging, and computer massing explanation will all be presented to further assist in demonstrating our conceptual proposal upon our hearing. We are excited about the possibilities proposed and sincerely believe the concept as proposed for 1006 East Cooper will ultimately better the property from 1006's long term desires and both the City of Aspen's and Aspen HPC's long term interests concerning historic preservation. In closing, we would simply like to express our sincere gratitude in considering our request regarding 1006 East Cooper Avenue.We look forward to presenting and discussing this concept with you further. Thank you very much, r-� Derek Skalko Principal, 1 Friday Design Collaborative P13 ATTACHMENT 3- Dimensional Requirements Form (Item#10 on the submittal requirements key. Not necessary for all projects.) Project: A i C ooy__f__� _:;i V� Z� Applicant: hSf C_L4::::- Ar">a Project f �- �2•, � A'-1Sr=ice Location: co—1 �-R- ' E C3T I'�1 3�csCJ< ? Zone District: i= Lot Size: Af-V:'d>?C . y S Lot Area: y. 1 o-ig -> rr C UZ? ��iS t► :— 4 2G3.,cfZ T- (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: �7 Proposed: I Number of bedrooms: Existing: Proposed: Proposed%of demolition: GD /ALLG:� M yt jl► '& C0T7A — Nis IC DIMENSIONS: (write n/a where no requirement exists in the zone district) �' 1 °x'`7 12,9 7 m _Floor Area: ,_iI?G._bExisting: 1-7-75 Allowable: Proposed: "?1 90 � Height ( yo F'AY- cvn35; > Principal Bldg.: Existing: 'G '_'0 Allowable: Pro osed•_ 22` N `� Wtiit ,EVT' (' ( � oaOb� Accessory Bldg.: Existing: ly -1( Allowable: Z i Proposed.• �- On-Site parking: Existing:—O Required.- Proposed: %Site coverage: Existing: !�%r" Required: N/ 2' Proposed: %Open Space: Existing: P d:Re uire N��- q Proposed: >y Front Setback: Existing: q g Required: t Proposed: Rear Setback: Existin ! �'�t 7-Z°° 6bv�� S��-� Required.• � 6'��Proposed: i-tA+3srnBt Combined Front/Rear: ��4 r 'U EP, to° "� 1 C Li Pv� ; Indicate N,S E W jv Existing: �7 Required: b ! Proposed: 19 i i if Side Setback: s Existing: cnp S��r/ Required. uA ro P osed: G � `-7ir j�o5i3 `c Side Setback: Existing: '�` Required: i Proposed: Combined Sides: W Existing: Required.• f b° Proposed: 5'.M i N Ar=AC" Distance between Existin �S,ID`I r g� Required: 1(: Proposed: P/14� C1 buildings: Ef.3«'u'7sCe-(w�E{vT (,CGGttii.� (SS�%� 1�� �c`en �Li �ECDi+v Existing non-conformities or encroachments and note if encroachment licenses have been issued: trig �li3PN r- � '--� °% i ii1`fZ7 i,vcS -�ifYr -� (2+cU7i3t,1C17/, i/GL�2 t.:GS z- Pam"r�r3c� LriC.Y�' j At�.�`Y �u--mi td�il� �!3 t° ovE�: �►Li.� pec�E.P21't� GJ/l,i.� Variations requested(identify the exact variances needed): A UA*�I^\ZE F=12cav►-i 14A.Y311A!3%� Mr--:ZCi'Nx'' T;xtS-rl A!r'- Aspen Historic Preservation l �• --RC7 Y t , �� and Use Application Requirements,Updated:May 29,2007 Mille .07,20 12 1'u whoin it kla), ConC aril This lcttcr is to veritN` 111,11- 1. Adam t illespie cull the M14ti mgu of L N4D ASPEN. LLC. ()is nLi'0t,10(1O E. Cooper AvellLle. Aspen. Colorado 81161 1 Derek Slcal;0 lUls e:�nlplCtc aulkh rizat"oil It() lm-AC 'dill subimissions, to the C ity of Aspen pertaining to tilt IcL1��'<l<71 mint oi 10061 . CoopQr Aveuue, Aspen, CQIOr«dO 81611. Regards. t ,MD ASP1..N.1.4,C W. :`ldaiil Giliesl-iie. -VI"Inclger Cc: Derek Skalko LO Pt CL A C23 FA "r.ibt wo 6 CMD ir 1 ✓ � w f '�� .�� ►S+ ! ,� �1, �� ire,�`'„ -�� +: �' • •Lt, r, :d O _ •'f'` � �.,� K �:•err a •�� �, S. P16 - PO BOX 7928 Aspen,CO 81612-7928 Phone:970.309.0695 E-mail/Web:derek(d)lfriday.com/www.lfdday.com r To: Ms.Amy Guthrie;Director From: Derek Skalko,Principal The Aspen Historic Preservation Commission 1 Friday Design Collaborative E-mail: Amy.Guthrie @ci.aspen.co.us Date: July 31s`,2012 Phone: 970.429.2758 Pages: 6 Re: 1006 East Cooper Avenue—Request For CC: file Information Addendum Design Guidelines and Residential Design Standards Dear Amy & Members of the Aspen Historic Preservation Commission, Per your e-mailed Request for Supplemental Information regarding the Design Guideline topics that will be covered at our conceptual hearing for 1006 East Cooper Avenue, I have included the attached information for additional response regarding our proposed project. Additionally, I have included a summary abreakdown of how our design addresses the Residential Design Standards per the City of Aspen Land Use Code to the best of our ability with the intention of utilizing the 1890's historic resource to the East Cooper frontage location.of the property. Response to Design Guidelines per Specific Topic as Outlined: 7.1 Preserve the original form of a roof. ❑ Do not alter the angle of a historic roof. Instead,maintain the perceived line and orientation of the roof as seen from the street. ❑ Retain and repair roof detailing. The true original form of the roof for the 1890's mining cottage is intended to be maintained in all areas still existing and restored along the west side of the structure. The restoration will be necessary due to the reality of the existing addition, which we will understand in full upon being granted approval to remove the non-historic additions. We have a good existing example of the exact historical detailing for the structure, and the detailing and repair of all required areas of restoration will be achievable in a"match existing conditions' approach. 8.1 If an existing secondary structure is historically significant,then it must be preserved. ❑ When treating a historic secondary building, respect its character-defining features. These include its primary and roof materials,roof form,windows,doors and architectural details. ❑ If a secondary structure is not historically significant,then its preservation is optional. P17 As discussed and outlined in length per our initial cover letter,we believe the alley outbuilding, which dates in accordance to the time period of the mining cottage's primary addition, provides no historical significance to the parcel. The secondary building's approval for demolition will allow us far greater opportunities to programmatically utilize the rear alley area of the lot, and in return,allow us to enhance the restoration of the 1890's mining cottage. 8.2 If an existing secondary structure is beyond repair,then replacing it is encouraged. ❑ An exact reconstruction of the secondary structure may not be necessary in these cases. ❑ The replacement should be compatible with-the overall character of the historic primary structure,while accommodating new uses. We are proposing the removal of the alley outbuilding as discussed previously. 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. Due to the constraints of the lot size and the realities we are essentially maintaining the first 50' of the lot to accommodate for a 15' x 20' footprint for the historical mining cottage with an approximate 8' x 8' connection area, we believe the most feasible way to address the garage scenario is by incorporating the area "within" the lower main level of the secondary, rear yard, massing. By doing this, we actually are reducing the physical footprint and massing of the proposed concept while also addressing the realities of how a house lives in our modern era. 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. Per direct conversation with Ken Maurin, the original owner of the 1006 East Cooper property, he had the recollection the structure may have been moved twice since its 1890's construction, and actually, we, by re-orienting the building to the street (it is currently about 5 degrees off axis), may be re-establishing a more historically accurate context of the residence. All requirements for the rehabilitation/ restoration/ move of any said historical structure will be in accordance with the HPC requirements and City of Aspen building department requirements as set forth accordingly. P18 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. The proposed relocation improves the building separation issues by moving the structure further from its encroaching historic neighbor to the west property side. 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. The building's intended orientation of true cardinal access (N-S) upon the property is proposed. We are requesting a forward shift of 5' in order to allow for ample separation of the existing and proposed massing due to the height differential. By allowing the shift forward, it should essentially eliminate any possible sightlines of the new construction from the East Cooper Public sidewalk right of way/ view planes, even with the rear massing proposed to be higher than the existing mining cottage. 10.1 Preserve an older addition that has achieved historic significance in its own right. ❑ Such an addition is usually similar in character to the original building in terms of materials, finishes and design. We strongly disagree with the preservation of any of the additions performed to the mining cottage, and firmly believe our proposed restoration of the west wall will enhance the project significantly. This will be discussed in lenght at our hearing. 10.2 A more recent addition that is not historically significant may be removed. We are requesting to do so per the proposal provided. 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. Due to the proposed siting of the mining cottage, the design will allow one's ability to interpret the historic character of the residence far better than currently possible. The 1940's existing addition to the main residence has, by far, done the most damage in response to this guideline, and we intend to remedy this with our proposed approach f removing all existing additions and pushing the majority of the massing to the rear of the property. P19 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. The intended conceptual proposal clearly separates the construction periods of the old versus new without straying too far from the historical context of massing, scale, and formal relationships. The intention of the forms is directly responding to the historical nature of the site's context, while we intend to define the old and new through material choices and modern detailing methods with a far less ornate and simplified aesthetic. 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. We are maintaining the pitch of the existing gable for the proposed structure, in addition to holding the second story massing in line (15' in width) with the existing mining cottage to minimize the massing to the rear of the property. All being said, the reality is we need a second story for the program of the home to function appropriately, and have set back the massing location and plate heights accordingly to ensure the least amount of visual detection from the East Cooper view planes and right of ways. Please note the mining cottage is essentially a one story building which we are consciously responding to. 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. We have studied and worked the planning, scale and massing diligently to directly respond to the unusually small nature of the existing mining cottage, and feel strongly we are achieving a delicate balance between the relationship of the proposed and existing massing on not only 1006 East Cooper, but also within the context of the surrounding neighborhood, which we are significantly smaller than as a whole. Modeling and context street elevations drawings have been provided for further explanation. 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. P20 We have adhered to the guideline in full with the exception of the 10' distance (we are proposing 8') for the connector area. Per the drawings provided, we are demonstrating we absolutely have considered the mining cottage as the primary visual aspect of the project from the street facade. It is quite possible one will not be able to see the secondary massing in any capacity from the East Cooper as indicated in the provided cross elevations of the site. 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. The proposed roof forms are in direct contextual reference to the existing mining cottage and surrounding structures. We are keeping the forms very pure, as to respond to the unbroken gable of the mining cottage. The second story deck area is intended as a flat roof for the specific purpose of minimizing the massing of the form to keep it contextually in scale with the mining cottage and also with the neighboring flat roofed alley structure which it will be approximately sited within five feet of. The design of the'area is a direct response to the inflection requirements of the residential design standards additionally. Please note the primary and majority of the roof areas are to be gable roofed massing elements. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. L3 For example, loss or alteration of architectural details, cornices and eave lines should be avoided. Ll All detailing will be maintained, repaired, or restored accordingly in regards to the mining cottage. The newly proposed detailing is intended to be simplified as to not compete with the historical nature of the existing structure. Residential Design Standards& compliance/applicability towards 1006 East Cooper: A. Site Design: Currently, the 1006 East Cooper Residence is off cardinal axis respective to the established property definitions. It is believed the mining cottage has been shifted throughout its existence at 1006 East Cooper, and we are proposing to move the structure 5' East and.5' South in the concept, additionally in this proposal, we are requesting to align the residence accordingly with the cardinal access directions of the lot. This would bring the residence into RDS compliance and would be in accordance with the typical conditions found through the East Cooper neighborhood regarding orientation. Our proposal of requesting the 5' shift of the property towards East Cooper additionally brings us closer to the compliance of RDS Build—to-Lines as defined in 26.410.040. The massing of the proposed structure is in accordance with RDS Building Form requirements in full if we were to push the home forward an additional two feet, this is a topic we are interested in discussing further. B. Per RDS, any residence that has access to a private road or alley is required to utilize this amenity. We are proposing a design that is in accordance with RDS Sections pertaining to Parking, Garages, and Carports. P21 C. In discussing building elements, both the proposed restoration of the historic mining cottage and the proposed new construction are in full compliance of all sections pertaining to Section 26.410.040, Paragraph D and Subsections. The massing inflection proposed for 1006 East Cooper is in accordance with the neighboring parcels having the primary one-story sections of the proposed residence inflect to the historic corner property situated to the direct west neighboring property. I hope the attached information assists you further regarding our conceptual proposal. We look forward to presenting and discussing all matters with you regarding 1006 East Cooper Respectfully, Derek Skalko, 1 Friday Design A,vtyEx"18�� AFFIDAVIT OF PUBLIC NOTICE a REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CO ADDRESS OF PROPERTY: Aspen, CO SCH DULED PUBLIC HEARING DATE: 20fZ�_ STATE OF COLORADO ) ss. County of Pitkin ) i, (name, please print) being or rep esenting an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. i (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signa e The foregoing"Affidavit of Notice" was acknowledged before me this.214-day of , 2012,by �� WITNESS MY HAND AND OFFICIAL SEAL P BLIC OTICE MAJOR DE EOLOPMF,'T,DEMOLITION AND VARIANCES �LL/ My commission expires: NOTICE IS HEREBY.411VEN that a public hearing Y will be held on Wediv6sday,September 12,2012, at a meeting to begin at 5:00 p m before the As- pen Historic Preservation Comission,Council Chambers,City H 130 S.Galena St.,Aspen,to all, - consider an application submitted by BMD Aspen Notary Ublic LLC,c/o Adam Gillespie,100 Elk Run Drive,Suite 129,Basalt,CO,81621,represented by 1 Friday Design Collaborative. The subject property is le- gally described as 1006 E.Cooper Avenue,Lot L and the West 10'of Lot M,Block 34,City and Townsite of Aspen,PID#2737-182-32-004. The applicant requests approval to demolish the exist- ing outbuilding and non-historic portions of the house and replace them with new construction. A 5'rear yard setback variance is proposed.For fur- ther information,contact Amy Guthrie at the City of SAspen a Galena St.,Aspenl,CO n(Department,58 ATTACHMENTS AS APPLICABLE• amyg @ ci.aspen.co.us. s/Ann Mullins,Chair IF THE PUBLICATION Aspen Historic in the Preservation Commission GRAPH OF THE POSTED NOTICE (SIGN) Published in the Aspen Times Weekly on August 2012. e8298544] Cit y of Aspen Account ' THE OWNERS AND GOVERNMENT AGENGIES NOTIED City L * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 T AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: i OOG EAST Gmy= 2 �+ ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: WEVw-504 j 1 12tH , 20012 STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E)of the Aspen Land Use Code in the following manner: XPublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two(22)inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the V day of �� , 20Ct2.,to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X_ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2)of the Aspen Land Use Code. At least fifteen(15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (3 00) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty(60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) HA' Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. N Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen(15) days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice" was acknowledged before me this! day of -20T, by Oe�,e ICS S k.-C-I(Co WITNESS MY HAND AND OFFICIAL SEAL ' N o T My commission expires: /0 ILO '. ';�,AF O Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGA9 • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY CRS. §24--65.5-103 3 PUBLIC NOTICE RE: 1006 E. COOPER AVENUE- CONCEPTUAL MAJOR DEVELOPMENT, DEMOLITION AND VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, September 12, 2012, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by BMD Aspen LLC, c/o Adam Gillespie, 100 Elk Run Drive, Suite 129, Basalt, CO, 81621, represented by 1 Friday Design Collaborative. The subject property is legally described as 1006 E. Cooper Avenue, Lot L and the West 10' of Lot M, Block 34, City and Townsite of Aspen, PID#2737-182-32-004. The applicant requests approval to demolish the existing outbuilding and non-historic portions of the house and replace them with new construction. A 5' rear yard setback variance is proposed. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2758, amyg@ci.aspen.co.us. s/Ann Mullins.Chair Aspen Historic Preservation Commission Published in the Aspen Times on August 23, 2012 City of Aspen Account 26 EAU CLAIRE LLC 306 ASSOCIATES LLC ABEL FAMILY LIV TRUST 452 WALNUT ST PO BOX 7067 523 CRAGMONT AVE NEW ORLEANS, LA 70118 BLOOMFIELD HILLS, MI 48302 BERKELEY, CA 94708 AC ONE LLC APPEL JAMES R REVOCABLE TRUST ASPEN EAST CONDO ASSOC PO BOX 3417 40 SPRINGFIELD CT COMMON AREA LITTLE ROCK,AR 72203 GLENDALE, MO 63122 980 E HYMAN AVE ASPEN, CO 81611 ASPENEYES LLC BARASH JAMES ROBERT&BETTEANNE BASALT RIVERVIEW LTD PO BOX 270357 50 W CHEYENNE MTN BLVD 300-117 CENTRE POINTE DR HOUSTON,TX 77277-2369 COLORADO SPRINGS, CO 80906 OTTAWA ONTARIO CANADA K2G5X3, BAYLEY CAROL A BELLINSON JAMES TRUST BELSHER ELIZABETH S TRUST 950 E DURANT AVE#2 BELLINSON CAROLYN TRUST 4919 E GRANDVIEW LN ASPEN, CO 81611 370 E MAPLE RD STE 200 PHOENIX,AZ 85018 BIRMINGHAM, MI 48009 BERNI SHAEL MORGAN BGC III IRREVOCABLE 2011 TRUST 50% BIENENSTOCK SAMUEL J&LAUREN B 22 FROST RD 21 TECHNOLOGY DR#6 30800 TELEGRAPH RD#2925 GREENWICH,CT 06830 WEST LEBANON, NH 03784 BINGHAM FARMS, MI 48025 BLAZEK CAROLINE J BOUSTEAD DOUGLAS BROUGHTON SARAH M 1901 RESEARCH BLVD STE 220 PO BOX 186 ROWLAND JOHN ROCKVILLE, MD 20850 149 ADIRONACK RD PO BOX 552 ADIRONDACK, NY 12808 ASPEN, CO 81612 BROWN MATTHEW L BUCHHEIT GERALD A CADY VICKI REV TRST PO BOX 10129 6210 OLD LAKE SHORE RD 223 E PINE MEADOW CT ASPEN, CO 81612-7315 LAKE VIEW, NY 14085 ANDOVER, KS 67002 CALAMOS JOHN P CAREW II LLC 50% CAREW LLC 50% CAM FAMILY OFFICE 100 GALLERIA OFFICE CENTRE#427 100 GALLERIA OFFICENTRE#427 2020 CALAMOS CT STE#200 SOUTHFIELD, MI 48034 SOUTHFIELD, MI 48034 NAPERVILLE, IL 60563-2793 CHADVALE REALTY INC CHATEAU BLANC HOA CHATEAU EAU CLAIRE CONDO ASSOC PO BOX 11976 901 E HYMAN AVE 730 E DURANT AV ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 CHATEAU RF 22 LLC CHATEAU ROARING FORK CONDO CHATEAU ROARING FORK LLC 350 NORTH LASALLE ST#800 ASSOC 8000 WALTON PKWY#100 CHICAGO, IL 60654 FRIAS PROPERTIES NEW ALBANY, OH 43054 730 E DURANT ASPEN, CO 81611 I CHECK RICHARD CITY OF ASPEN COATES NELIGH C JR 2309 S VALLEY RD ATTN FINANCE DEPT 212 E LUPINE DR BERWYN, PA 19312 130 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81611 COFLIN DAVID L&MAXON PATRICIA A COHEN FAMILY NOMINEE TRUST COOPER TURTLE LLC PO BOX 11973 50 STONEHENGE RD 350 N LASALLE ST#800 ASPEN, CO 81612 PITTSFIELD, MA 012018421 CHICAGO, IL 60654 COOPER-TACHE CHRISTEN CRAFT HAROLD D CRAWFORD DON D 1001 EAST HYMAN 17240 LECHLADE WY PO BOX U3 ASPEN, CO 81611 DALLAS,TX 75252 ASPEN, CO 81612 CURTIS ALICE 80% DI LORENZO MICHAEL DOLGINOW SCOTT 50% 7457 GRANVILLE DR 30 EVERETT AVE 203 S CLEVELAND ST TAMARAC, FL 33321 WINCHESTER, MA 01890-3524 ASPEN, CO 81611 DORAN MICHAEL H ASP TEST TRST DORNEMANN MICHAEL EHRMAN JOSEPH S 1998 TRUST 4280 GUNNIN RD 390 LAKE AVE 170 MARION AVE NORCROSS,GA 30092 GREENWICH, CT 06830 LAKE FOREST, IL 600452962 ENCLAVE PHASE I &II CONDO ASSOC EUBANK CONDO ASSOC FIRESTONE CHARLES M&PATTIE P COMMON AREA COMMON AREA 3704 BRADLEY LN 360 WOOD RD 1022 E HYMAN AVE CHEVY CHASE, MD 20815 SNOWMASS VILLAGE,CO 81615 ASPEN, CO 81611 FISHER ELIZABETH B 99% FISHER JAMES B 1% FISHER WINSTON&JESSICA 216 STOUTENBURGH LN 2709 ST ANDREWS CT 299 PARK AVE 42ND FL PITTSFORD, NY 14534 JAMESTOWN, NC 27282 NEW YORK, NY 10171 FLANIGAN MICKIE FOLLIN KATHERINE C FOUR FORKS LLC 247 E. 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Sept. 12,2012 fine: 5:00 p.m. dace: City Hall, 130 S. Galena Street,Aspen urpose: will consider ar:application__ BMD Aspen L LU,Clo Adam fespie, 100 Elk Run Jr..Stc. 129,_ alt, C erty.- olish the outbuilding and_n©ri- ric portions of the house-and- ace with new construction_A_5' _ setback reduction is requested._ er_information contact Aspen n'ing Dept. at 970-429-2758. : x _;:P� 1 i� t - -- - P23 -- MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner THRU: Amy Guthrie, Historic Preservation Officer RE: 422 E. Cooper Street- Conceptual Major Development, Conceptual Commercial Design, Demolition, and Viewplane Reviews, Public Hearing DATE: September 12, 2012 SUMMARY: The applicant proposes to• demolish the back portion of the one story commercial space adjacent to the 1892 Red Onion building and construct a three story addition. The one story commercial space was originally built in 1955/56 as a expansion of the Red Onion restaurant to provide a larger dining room. The 1892 Red Onion sits on a 9,000 square feet lot that includes the one story commercial space to the east (the subject of this review) and a two story commercial space to the west that was also constructed as an expansion of the Red Onion for a nightclub and stage. All three spaces were internally connected at one time. The entire lot is designated a historic landmark and is considered contributing to the Commercial Core Historic District. There are currently no residential units on the 9,000 square feet parcel. The applicant proposes to create one new residential unit that spans the second and third floor of the proposed new addition. The first floor and basement are proposed to be commercial use. The applicant requests Conceptual Major r Development and Conceptual Commercial Design in addition to Demolition and View plane approvals. RECOMMENDATION: Staff recommends ' approval of Conceptual Major Development, R� . Conceptual Commercial Design,Demolition, and � � ' Viewplane with conditions. APPLICANT: Red Onion Investors, LLC, m r represented by Stan Clauson Associates, Inc., 412 N. Mill St., Aspen, CO. PARCEL ID:2737-182-16-061. Image 1:Vicinity Map. Yellow border illustrates the 9,000 sf parcel and the star indicates the portion subject ADDRESS: 422 East Cooper, Red Onion Condos, to this review. Unit 1, Lots N, O, and P, Block 89, City and Townsite of Aspen. 1 P24 ZONE DISTRICT: CC, Commercial Core, Historic District Overlay. DEMOLITION The applicant proposes to retain the front fagade of the existing building and to demolish the back portion. The building was constructed in 1955/56 as an expansion of the Red Onion restaurant to provide a larger dining area. The Red Onion was designated a local landmark in 1982. The designation lists "420 East Cooper (Red Onion)" as the property description. It is Staff s opinion that the designation includes the entire 9,000 sf. parcel since the entire site was operating as the Red Onion at that time. The applicant represents that the structural integrity of the masonry on the sides and the back of the subject building is failing. An analysis of the structural integrity of the front fagade has not been undertaken. The applicant proposes to retain the front fagade; however if structural issues arise '" during demolition, the applicant proposes to reconstruct the front fagade to match the existing - condition. ? . . q , KN . l l„tF cr Image 2 and 3: Photographs of the Red Onion with the east and west expansions. 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, 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: 2 - - P25 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: As mentioned above, the building was once part of the Red Onion restaurant. The one story scale of the structure is indicative of the typical 1950s modest scale of construction and the detailing relates to the 1892 building. While the Red Onion is one of Aspen's more iconic historic buildings from the 19th century, it is Staff's opinion that the portion proposed for demolition is not integral to the Red Onion's historic significance. Staff finds that the demolition criteria are met and recommends that HPC approve demolition. The applicant represents that there are significant structural concerns with the masonry at the rear portion that is proposed to be demolished. Staff appreciates the applicant's willingness to retain the front fagade of the building; however should the building fagade be deemed unsafe after a structural inspection, Staff does not recommend that the front fagade details be replicated which is an issue for Final Review. Staff recommends that the applicant conduct a structural inspection prior to Final HPC review to determine whether the facade is safe to remain. CONCEPTUAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW 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 structures) 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: Conceptual review focuses on the height, scale, massing and proportions of a proposal. The design guidelines for conceptual review of a building in the downtown historic district are all located within the "Commercial, Lodging and Historic District Design Objectives." The relevant.guidelines are attached as "Exhibit A." 3 P26 Many of the Conceptual Design Guidelines, for example "Street and Alley Systems," "Building Orientation," and "Building Placement," do not apply to this project due to the scope of the proposal. The applicable conceptual design issues are addressed below. SCALE/MASS: Overall Staff is supportive of the proposed mass and scale of the project. The building maintains a one story scale at the street edge. Significant setbacks are proposed for the second and third floors. The second floor is setback 3' 1" in addition to a 9' deck for a total of about a 12' setback and the third floor is setback 12' in addition to a 33' deck for a total of 45' setback from the street edge. A third floor setback of 5' is proposed along the alley for a deck. The proposed upper floors will block some of the non-original window openings along the eastern facade of the 1892 Onion. The historic photograph below, from the Aspen Historical Society, shows the eastern facade without windows. Staff is supportive of the setbacks and the relief that is provided to the historic Red Onion and finds that the Design Guidelines on the following page are met. WW t :r � r � 1 Image 4: Historic image of the Red Onion showing the eastern facade without windows and the building prior to its expansion in the 1950s. Staff questioned whether the proposed building would cover the vertical Red Onion sign along the eastern facade (the date of the current sign is unknown- the current sign replaced the painted version in the photograph above). The applicant has indicated that the sign will not be covered. Staff recommends that the applicant provide a rendering during the meeting that shows the visibility of the sign with the proposed setbacks. 4 -- -- P27 6.18 Maintain the alignment of facades at the sidewalk's edge. • Place as much of the facade of the building at the property line as possible. • Locating an entire building front behind the established storefront line is inappropriate. • A minimum of 70% of the front facade shall be at the property line. 6.23 Use flat roof lines as the dominant roof form. • A flat roof, or one that gently slopes to the rear of a site, should be the dominant roof form. • Parapets on side facades should step down towards the rear of the building. • False fronts and parapets with horizontal emphasis also may be considered. 6.24 Along a rear facade, using building forms that step down in scale toward the alley is encouraged. • Consider using additive forms, such as sheds, stairs and decks to reduce the perceived scale. These forms should however,remain subordinate to the primary structure. • Use projective roofs at the ground floor over entrances, decks and for separate utility structures in order to establish a human scale that invites pedestrian activity. HEIGHT: The applicant proposes a maximum of 38' to the top of the third floor with an elevator overrun extending beyond the 38' height limit(elevators are allowed up to 10' above the building height if setback 15'). No rooftop access is proposed. The proposed height is within the dimensional requirements for the Commercial Core Historic District and the floor levels align with the adjacent building. Staff finds that the proposed height and setbacks are appropriate for the site and meet the Design Guidelines below: 6.31 A New building should step down in scale to respect the height, form and scale of a historic building within its immediate setting. 6.32 When adjacent to a one or two story historic building that was originally constructed for commercial use, a new building within the same block face should not exceed 28 ft. in height within 30 ft. of the front facade. • In general, a proposed multi-story building must demonstrate that it has no negative impact on smaller,historic structures nearby. • The height and proportions of all facade components must appear to be in scale with nearby historic buildings. Staff is concerned about the relocation of the existing mechanical atop the subject building. The large mechanical system,pictured below, services the Red Onion restaurant. The Land Use Code allows mechanical equipment to extend 5' above the height of the building at the point where the apparatus is attached to the roof. Staff recommends that a mechanical plan be provided at Final Review. 5 P28 - - - - - Images 5&6: Photographs of the mechanical that services the restaurant and is located atop the subject property. PUBLIC AMENITY: Provision of public amenity. The Planning and Zoning Commission or Historic Preservation Commission, pursuant to the review procedures and criteria of Chapter 26.412, Commercial Design Review, shall determine the appropriate method or combination of methods for providing this required amenity. One (1) or more of the following methods may be used such that the standard is reached. 1. On-site provision of public amenity. A portion of the parcel designed in a manner meeting Subsection 26.575.030.F., Design and operational standards for on-site public amenity. 2. Off-site provision of public amenity. Proposed public amenities and improvements to the pedestrian environment within proximity of the development site may be approved by the Planning and Zoning Commission,pursuant to Chapter 26.412, Commercial Design Review. These may be improvements to private property, public property or public rights-of-way. An easement providing public access over an existing public amenity space for which no easement exists may be accepted if such easement provides permanent public access and is acceptable to the City Attorney. Off-site improvements shall equal or exceed the value of an otherwise required cash-in-lieu payment and be consistent with any public infrastructure or capital improvement plan for that area. 3. Cash-in-lieu provision. The City Council, upon a recommendation from the Planning and Zoning Commission or the Historic Preservation Commission, as applicable,may accept a cash-in-lieu payment for any portion of required public amenity not otherwise physically provided, according to the procedures and limitations of Subsection 26.575.030.E, Cash-in-lieu payment. 6 P29 4. Alternative method. The Commission, pursuant to Chapter 26.412, Commercial Design Review, may accept any method of providing public amenity not otherwise described herein if the Commission finds that such method equals or exceeds the value, which may be nonmonetary community value, of an otherwise required cash-in-lieu payment. The property currently has no onsite public amenity. The requirement is to provide a minimum of 10% or 900 square feet of public amenity. The applicant proposes to provide off-site public amenity in an amount that equals or exceeds the value of the cash in lieu payment. The improvements are proposed for the adjacent Cooper Street Pedestrian Mall with approval from the Parks Department. Staff Response: Staff finds that criteria 2 above is met and recommends approval of off-site cash in lieu subject to approval by the Parks Department. TRASWUTILITY/RECYCLE AREA: When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachinents into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. Staff Response: The applicant proposes to utilize the existing trash utility area on the property for the proposed redevelopment which already meets the dimensional requirements of 20 ft. x 10 ft. x 10 ft.. Existing delivery services along the alley will be maintained. Mechanical equipment is proposed either within the building or on the roof. The applicant has not consulted with a mechanical engineer yet since the project is in its conceptual review phase. The applicant represents that it will meet the standards listed above. Staff included a condition of approval that 7 P30 requires a mechanical plan be submitted for Final Review. Staff finds that the review criteria are met with conditions. VIEWPLANE: 26.435.050.B. Exemption. The Community Development Director may exempt the addition of mechanical equipment to an existing development which protrudes into the view plane only if such development has an insignificant effect upon the designated view plane. The addition of a satellite dish, elevator shaft or any other piece of equipment whose height and mass have a significant effect upon the designated view plane shall be reviewed pursuant to the standards of Subsection 26.435.050.C. 26.435.050.0. Mountain view plane review standards. No development shall be permitted within a mountain view plane unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. I. No mountain view plane is infringed upon, except as provided below. When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this Title,development shall proceed according to the provisions of Chapter 26.445 as a Planned Unit Development so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space and similarly to permit variations in lot area, lot width,yard and building height requirements and view plane height limitations. The Planning and Zoning Commission, after considering a recommendation from the Community Development Department, may exempt a development from being processed as a Planned Unit Development when the Planning and Zoning Commission determines that the proposed development has a minimal effect on the view plane. When any proposed development infringes upon a designated view plane, but is located in front of another development which already blocks the saine view plane, the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane and the likelihood that redevelopment of the adjacent structure will occur to re-open the view plane. In the event the proposed development does not further infringe upon the view plane and re-redevelopment to reopen the view plane cannot be anticipated, the Planning and Zoning Commission shall exempt the development from the requirements of this Section. Staff Response: The third floor and part of the second floor of the proposed building sits within the Wheeler Opera House viewplane which projects over Cooper Avenue directed towards Aspen Mountain; however, existing buildings on the Hyman Avenue mall already block the protected viewplane. The likelihood of redeveloping either of the largest buildings blocking the view is highly unlikely: the Paragon Building is a historic landmark and exceeds the height limit, and the adjacent Roaring Fork Building is an existing non-conformity in terms of height and commercial design review which could not be replicated under today's Code. 8 P31 Staff finds that the proposal has a minimal impact on the viewplane considering existing development and recommends that the HPC exempt this project from being developed as a PUD which is the required process for major infringements into a protected viewplane. Any mechanical equipment that is placed in the viewplane (on top of the proposed third floor) either needs to meet the exemption described above in Section 26.435.050.13 or shall be subject to a new viewplane review which may be handled during HPC's Final Review. RECOMMENDED DISCUSSION POINTS: 1. Demolition of the building except the front facade. a. Require a structural assessment of the front fagade be submitted for Final Review to determine whether it can be saved. 2. Mass/Scale a. Are the setbacks adequate to maintain prominence of the 1892 building? b. Does the proposed building cover the Red Onion sign? 3. Height a. Require a mechanical plan for Final Review to locate the existing and proposed mechanical. 4. Public Amenity a. Off-site public amenity improvements to the Pedestrian Mall proposed with Parks Department approval. 5. Trash/Utility a. Proposal to use existing trash/utility area which meets the dimensional requirements for trash/utility area. 6. View lane a. Proposed building is blocked by existing development on Hyman Ave. Mall. b. Staff determined a minimal impact on the viewplane due to existing development already blocking the viewplane, and the lack of potential redevelopment of the existing buildings. c. Review mechanical during Final to discuss viewplane infringement if needed. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends that HPC grant Conceptual Commercial Design Review, Conceptual Major Development Review, and Demolition for the project located at 422 E. Cooper Street with the following conditions: 1. Demolition of the building located at 422 E. Cooper Street and retaining the front fagade is approved with the condition that a structural assessment of the front fagade be submitted with the Final Review application. 9 P32 2. The mass and scale is approved as presented in the application. 3. A maximum of 38 feet is approved as presented in the application, with Land Use Code height exemptions for elevator overrun and mechanical equipment as stated in Section 26.575.020.F(4)Allowed Exemptions to Height Limitations. 4. A mechanical plan and elevations shall be submitted with the Final Review application. 5. Off-site public amenity improvements to the Pedestrian Malls is approved in accordance with Land Use Code Section 26.575.030.C(2) Off-site provision of public amenity and is subject to review and approval by the Parks Department. The improvements shall equal or exceed the value of the cash in lieu payment of$67,500. 6. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplane and is hereby exempt from being processed as a PUD in accordance with Section 26.435.050.C.1. Any mechanical equipment placed within the viewplane shall comply with Section 26.435.050, which may require a new viewplane review. 7. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty(30) days prior to the expiration date. Exhibits: A. Relevant Commercial, Lodging and Historic District Design Guidelines and Objectives. B. Application. 10 P33 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN STANDARD REVIEW(CONCEPTUAL), DEMOLITION, AND VIEWPLANE FOR THE PROPERTY LOCATED AT 422 EAST COOPER AVENUE RED ONION CONDOS, UNIT 1, LOTS N, O, P, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION#_, SERIES OF 2012 PARCEL ID: 2737-182-16-061. WHEREAS, the applicant, Red Onion Investors, LLC, represented by Stan Clauson Associates, Inc., has requested Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and Viewplane Reviews the property located at 422 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado; and WHEREAS, 422 East Cooper Avenue is located within the Commercial Core Historic District and is located on a designated historic parcel; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a Demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: 422 East Cooper Avenue HPC Resolution#_, Series of 2012 Page 1 of 4 P34 a. The propert y 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, 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 Additionall fora proval to demolish all of the followin 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; and WHEREAS, pursuant to 26.435.050.C., Mountain Viewplane Review Standards, of the Land Use Code, no development shall be permitted within a mountain view plane unless the Planning and Zoning Commission or the Historic Preservation Commission makes a determination that the proposed development complies with all requirements set forth below. 1. No mountain view plane is infringed upon, except as provided below. When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this Title, development shall proceed according to the provisions of Chapter 26.445 as a Planned Unit Development so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space and similarly to permit variations in lot area, lot width, yard and building height requirements and view plane height limitations. The Planning and Zoning Commission, after considering a recommendation from the Community Development Department, may exempt a development from being processed as a Planned Unit Development when the Planning and Zoning Commission determines that the proposed development has a minimal effect on the view plane. When any proposed development infringes upon a designated view plane, but is located in front of another development which already blocks the same view plane,the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane and the likelihood that redevelopment of the adjacent structure will occur to re- open the view plane. In the event the proposed en the development e plane cannot be anticipated,l the Planning view plane and re-redevelopment to reop p 422 East Cooper Avenue HPC Resolution#_, Series of 2012 Page 2 of 4 P35 and Zoning Commission shall exempt the development from the requirements of this Section; and WHEREAS, during the September 12, 2012 meeting the applicant demonstrated compliance with Land Use Code Section 26.304.035 Neighborhood Outreach; and WHEREAS, Sara Adams, in her staff report to HPC dated September.12, 2012 performed an analysis of the application based on the standards, found that the review standards had been met, and recommended approval with conditions; and WHEREAS, at their regular meeting on September 12, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of - NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and Viewplane Review for the property located at 422 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado with the following conditions: 1. Demolition of the building located at 422 E. Cooper Street and retaining the front facade is approved with the condition that a structural. assessment of the front facade be submitted with the Final Review application. 2. The mass and scale is approved as presented in the application. 3. A maximum of 38 feet is approved as presented in the application, with Land Use Code height exemptions for elevator overrun and mechanical equipment as stated in Section 26.575.020.F(4)Allowed Exemptions to Height Limitations. 4. A mechanical plan and elevations shall be submitted with the Final Review application. 5. Off-site public amenity improvements to the Pedestrian Malls is approved in accordance with Land Use Code Section 26.575.030.C(2) Off-site provision of public amenity and is subject to review and approval by the Parks Department. The improvements shall equal or exceed the value of the cash in lieu payment of$67,500. 6. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplane and is hereby exempt from being processed as a PUD in accordance with Section 26.435.050.C.1. Any mechanical equipment placed within the viewplane shall comply with Section 26.435.050, which may require a new viewplane review. - 7. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty(30) days prior to the expiration date. 422 East Cooper Avenue HPC Resolution# Series of 2012 Page 3 of 4 P36 Ann Mullins, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 422 East Cooper Avenue HPC Resolution#_, Series of 2012 Page 4 of 4 City of Aspen Commercial Core Historic District Encompassing the Commercial Core Zone District Design Objectives and Guidelines Policy: Improvements in the Commercial Core Historic District should maintain the integrity of historic resources in the area.At the same time, compatible and creative design solutions should be encouraged. This chapter presents guidelines for new Existing Character construction and alterations to existing non- The heart of Aspen centers around the Commercial historic structures in the Commercial Core Historic District. Key design characteristics of Core Historic District. It is the first area that this district are summarized and then specific developed in the early mining days of the town guidelines are presented. and its character reflects this rich mining heritage, which is the image that many carry with them of this historic Colorado mountain town. Each Location historic building contributes to the integrity of the The Commercial Core of the city is defined by district and preservation of all of these resources Monarch Street to the west,Durant Avenue to the is,therefore,crucial. This is especially important south,Hunter Street to the east, and roughly the as new development continues. alley to the north of Main Street to the north.(See the Character Area map in the appendix.) Ri ILI y,e r ,^M.� • i I ' - t The Commercial Core Zone District is located at the core of Downtown Aspen. Commercial,Lodging and Historic District Design Objectives and Guidelines = page 91 a P38 City of Aspen Commercial Core Historic District Street Pattern As the historic core of the city, its current urban form reflects these origins. It is a grid of streets aligned to the north. Rectangular street blocks of 270 ft.by 220 ft.with long axes and rear alleyways are oriented east-west,and subdivided into 30 by 100 ft.lots.Buildings generally occupy the full lot width within the core area and span the full depth ' from street frontage to rear alley. f This arrangement still anchors the historical urban form of the city, despite some recent departures from the traditional hard street edge. The variety of building forms &scales is influenced in areas b Y p revious site-based open space requirements. * of widths continue to define the The traditional 1 majority of the buildings in this area,either in total width or,where lots have been amalgamated,in their architectural composition, articulation and fenestration pattern. This ensures that the city center is still appreciated for its essential human scale, concentration of historic buildings and The street pattern frames spectacular scenic vi ews. visual and cultural experience. Building Character The commercial buildings of the mining era establish the context for new construction, even though individual landmarks of later periods may also be found in the area.Buildings range in scale from early residential including miners'cottages to larger'iconic'landmark Victorian commercial and community buildings. The latter tend to occupy corner sites and range in scale from one to three stories in height. This area includes the varied range of buildings dating from the city's early history and representing all periods of development in the evolution of Aspen. The character is predominantly urban, while the building pattern in many areas continues to exhibit the original traditional lot width arrangement. The street fagades are strongly defined in many areas by a combination of larger Victorian and smaller scale buildings. This is particularly the case on street corners. commercial,Lodging and Historic District page 92 Design Objectives and Guidelines P39 City of Aspen Commercial Core Historic District Storefront context 4 Most buildings have features associated with traditional commercial designs. Ground level floors of the buildings are oriented to pedestrian views,with large display windows highlighting the goods and services offered for sale inside. Recessed entries are also typical. A horizontal band of molding usually separates the ground floor from upper portions of the fagade and the parapet is capped with a decorative cornice. .., � # These elements combined to establish a horizontal emphasis along the street. Fenestration on upper floors is predominantly solid and void'hole in the wall'form and vertical in proportion, reflecting classical architectural proportions.There are,however,departures from this pattern which contribute to the rich diversity of the street. A hard street wall as seen along the walking mall downtown is a Outdoor Spaces characteristic throughout Character Area 1. There are also instances of small scale spaces created by the set back of building facades. They are, however, the exception to the historic`' alignment of building fronts.Where these are used a for outdoor dining they provide attractive public gathering spaces and street vitality. The intent is to maintain the strong definition of the street wall in this area,and therefore creating further breaks in the street wall should be minimized. The resulting character is both intimate and stimulating, and in keeping with the variety and harmony unique to Aspen. There have been departures from the hard street edge, where u more recent development has stepped back to create semi-basement space and detached or internal retail frontage often on more than one level. In many cases these have detracted -from the immediate relationship between shop frontage and public sidewalk and the sense of street fagade definition, with adverse effects on street vitality and the urban character within downtown Aspen. Victorian storefronts anchor the Commercial Core and define the key characteristics of building height,mass,articulation and materials. Commercial,Lodging and Historic District Design objectives and Guidelines ;' page 93 P40 City of Aspen Commercial Core Historic District Design Objectives 4. Reflect the variety in building heights seen These r key design objectives for the Commercial historically. Core.The City must find that any new work will New development should stay within the range of building heights,and be designed to reflect the help to meet them: variation in height across traditional lot widths. The scale and form of a new building should be 1.Maintain a retail orientation. designed to safeguard the setting of a historic Traditionally the hub of Aspen and the center of building,whether single story or the large iconic' commercial and cultural activity,the Commercial three plus stories. Core should remain so. Designs for new construction should reinforce the retail-oriented 5. Accommodate outdoor public spaces where function of the street and enhance its pedestrian they respect the historic context. character. The street vitality associated with the center of the city should be retained and enhanced 2. Promote creative, contemporary design that through a combination of the form and design of respects the historic context. the walkable street network and the associated While new construction should be compatible areas of public gathering space at street level and with the historic character of the district,designs above. The design of any public space within should not copy early styles but instead should the core should be a central consideration in seek creative new solutions that convey the the design and configuration of the building, to community's continuing interest in exploring ensure that it contributes to a positive experience innovations. At the same time, the fundamental in the streetscene, whether or not used for street principles of traditional design must be respected. dining. This means that each project should strike a balance in the design variables that are presented 6 Promote variety in the street level in the following pages. experience. 3.Maintain the traditional scale of building. Architectural form should recognize existing scale and diversity and build upon established design The Commercial core of the city is likely to traditions,creativity and innovation in a manner experience continuing market pressure for hotel, which strengthens the architectural richness commercial and residential development.and and identity of the city core. The contextual the parallel needs of affordable commercial and contribution of building and storefront design residential accommodation. It is important that ��,ill depend on detailed consideration of the street future growth acknowledges, complements and fa ode and associated landscaping an d paving. enhances the existing scale and character of this area. 7. Preserve the integrity of historic resources within the district. The original form,character,materials and details of historic resources should be maintained. This applies to individual structures of landmark quality as well as more modest "contributing" structures. Jr commercial,Lodging and Historic District page 94 A;+,;�� Design Objectives and Guidelines P41 City of Aspen Commercial Core Historic District Conceptual Review Desion Guidelines I1110 IOl1C}t\71114r df';;ih)'1 gL1.1dt lir7�'4 S�1<1�� et�l)��' chi t�1C_ C'Otl(E,'1tL1<71 t'l'.Vt.E't1 til�i?. Street &Alley Systems r . The street pattern is essential 'infrastructure' for the character of the district. The north/ south orientation of the streets accentuates «.. the relationship of the City with its dramatic landscape setting. The circulation pattern provided by the network of streets,alleys and courts should be retained to r a ensure maximum public access. It should not be enclosed by gating and it should not be spanned t by development above. Wherever possible "± pedestrian access to alleys should be enhanced. The creation of additional public walkways to • R j ', rear alleys and other public spaces enhances the interest of the city center. The network ofstreets,alleys and existing pedestrian passageways enhances access in the downtown. Additional links and an enhanced public circulation pattern can increase commercial frontage and access to the side,to the rear and also to the interior of development sites. Improved access also creates opportunities for additional commercial space,which is to be encouraged. Street Grid The original arrangement of parcels significantly affects the visual character of the area. The city was platted on a grid system of lots and blocks, and buildings were typically sited parallel with these lot lines. The layout of early buildings, streets, sidewalks and alleys still can all be seen in this system,and should be maintained. 6.1 Maintain the established town grid in all projects. • The network of streets and alleys should be retained as public circulation space and for maximum public access. • Streets and alleys should not be enclosed or closed to public access, and should remain open to the sky. Commercial,Lodging and Historic District RE P a 8 Design Objectives asd Guidelines e 95 P42 City of Aspen Commercial Core Historic District Y Internal Walkways . R m 6.2 Public walkways and through courts, when appropriate,should be designed to create access to additional commercial space and frontage, within the walkway and/or to the rear a s� of the site. • See also: Public Amenity Space design guidelines. Alleys =dif °' Historically, alleyscapes were simple and utilitarian in character,with a variety of materials Maintain the established town grid in all projects. and building scales. Many structures had additions that were subordinate to the main building, stepping down in scale at the alley. Others had loading docks, stairs and balconies that contributed to the human scale. This traditional character should be maintained, while accommodating compatible new uses.The continued development of visual interest in these alleys is encouraged.Greater variety in forms and materials is also appropriate here. 6.3 Develop an alley facade to create visual interest. • Use varied building setbacks and changes in materials to create interest and reduce perceived scale. • Balconies, court yards and decks are also appropriate. Providing secondary public entrances is strongly encouraged along alleys. These I hould be clearly intended for public use, but subordinate in detail to the primary street-side entrance. Commercial,Lodging and Historic District �1 page 96 :. Design Objectives and Guidelines P43 City of Aspen Commercial Core Historic District Parking ' The character of the Commercial Core Historic d.9L District is one which is primarily appreciated on foot. The human scale and concentration of �. walkable streets is a key attraction. Therefore the visual impact of parking should in all cases be minimized. Parking should be structured or placed underground where the scale and setting of the site affords this opportunity. Where a parking structure is considered this should be contained within a'wrap'of commercial and/or Where a parking structure might be considered this should be residential uses. within a 'wrap' of commercial and/or residential uses, as this building is. 6.4 Structured parking should be placed within a'wrap'of commercial and/or residential uses. :, • The exposure of auto entry areas should be minimized. 6.5 Structured parking access should not have a negative impact on the character of the street.The access shall be: 4, • Located on an alley or secondary street if necessary. • Designed with the same attention to detail and materials as the primary building fagade. Parking access located on an alley and integrated into the building • Integrated into the building design. design. Commercial,Lodging and Historic District V�r Design Objectives and Guidelines a page 97 P44 City of Aspen Commercial Core Historic District Public Amenity Space In every case Public Amenity Space should be On-site and communal open space has been a well defined and carefully designed. The design long-standing priority and characteristic of the of public gathering space, its enclosure, layout city. Where it is required the form, orientation, and content, will be an integral consideration quality and use of such open space is of the utmost in the proposed form.of the space. Although a importance. Well defined public space should be matter for full review and approval at the Final integrated with traditional streetscape character. Stage,its design should be envisioned at the time The Planning and Zoning Commission and/or of conceptual review. the Historic Preservation Commission will decide Des i n Objectives whether,where and in what form Public Amenity Where considered to be compatible within the Space will be required. Commercial Core Historic District,public amenity In the past,open spaces occurred as accents along space should be designed and placed td achieve the street, usually where a house existed in the the following objectives: historic context or where a lot stood temporarily 0 Create an active and interesting streetvitality vacant.In more recent years,outdoor spaces were through the promotion of public gathering built that sometimes eroded the character of the space. street edge.These conditions are not precedents Maintain a well-defined street edge and for future development.While some open space streetcornerto ensure that such public space may occur, it`should be subordinate to the creates an accent within the street fagade. traditional character of the street. Create an additional commercial frontage and/or space to the side or rear of the site Public amenity space along the primary street or building frontage should be an accent within, and Create a well defined,localized public space exception to, an otherwise well defined street at the street edge, where e.g. additional fagade. There will be locations within the city space for street dining might be beneficial. core where the character and setting of the site Design a space that maximizes access to or a historic building will also influence the form, • location or appropriateness of such a space. sunlight throughout the year. • Create a second level space designed to ensure that it is permanently open to the " i public and provides interest in the form of a ° scenic or other interpretive markerfor the life of its service as.a public amenity space. Achieve second floor patio space that provides access to affordable commercial uses. i' The Downtown Enhancement and Pedestrian Plan should serve as an additional reference. Where open space within a parcel is appropriate,develop an amenity that can be experienced by the general public. i Commercial,Lodging and Historic District page 98 a ?3 Design Objectives and Guidelines P45 City of Aspen Commercial Core Historic District Public Amenity Space Types Public amenity space is a requirement in the ° s Commercial Core. In this area, particular types ' of public amenity space would be in character 1 with the urban form of the Commercial Core area. These include: +° • Street facing amenity space • Mid-block walkway amenity space • Alley side amenity space • Second level amenity space • Front yard amenity space Guidelines for the location and design of each of these types follow. A variety of public amenity spaces exist in Downtown Aspen.In future development it is important to focus on the quality of the space rather than the quantity. I 1. A 1 The walking mall in Downtown Aspen provides substantial public amenityspace for thebuildings located there,and therefore creating breaks in the block facade within this area to provide more street- facing public amenity space should be carefully considered. Commercial,Lodging and Historic District Design Objectives and Guidelines ° page 99 ,�a P46 City of Aspen Commercial Core Historic District Street Facing Amenity Space A street facing amenity space, usually located towards the middle of a block, may be considered. However, within the heart of the district, where the greatest concentration of historic storefronts i , align, creating new gaps in the street wall is discouraged. Providing space on sites that are located in the outer edges of the district,especially along the southern edge is more appropriate. $ C 6.6 A street facing amenity space shall meet . "� all of the following requirements: • Abut the public sidewalk Street facing amenity space should abut the public sidewalk, be Be level with the sidewalk level with the sidewalk,open to the sky,directly accessible to the 0 Be open to the sky public and be paved or otherwise landscaped. • Be directly accessible to the public rt Be paved or otherwise landscaped 6.7 A street-facing public amenity space shall remain subordinate to the line of building fronts in the Commercial Core. " Any public amenity space positioned at the street edge shall respect the character of the streetscape and ensure that street corners are well defined, with buildings placed at the sidewalk edge. • Sunken spaces, which are associated with some past developments, adversely affect the street character. Where feasible, these should be replaced with sidewalk level improvements. 6.8 Street facing amenity space shall contain - .n features to promote and enhance its use.These may include one or more of the following: Street facing amenity space should contain public art and other 0 Street furniture amenities to promote its use. a Public art • Historical/interpretive marker The detailed design of Public. Amenity Space, with regard to guidelines 6.8,will be a matter for approval at the Final Review Stage, although it may be discussed at the Conceptual Stage. Commercial,Lodging and Historic District page 100 a. Design Objectives and Guidelines P47 City of Aspen Commercial Core Historic District Mid-Block Walkway Amenity Space New buildings on sites occupying more than one traditional lot width may provide a mid- n block walkway or through court within a single . R. development or between two developments. This type of space shall be an extension of and a complement to the street and public circulation network within the center of the city. See also Street&Alley System design guidelines. ` t The Commercial Core is highly regarded for its pedestrian character and 'walkability'. The i L, opportunities created by the extension and enhancement of the public circulation network 4, has distinct urban benefits and is encouraged. Typically only one such space would occur along a single block face. This form of Public Amenity Space should be a consideration on larger development sites 01 within the city. It links the potential of additional commercial frontage and access, with human , scale space and circulation, enriching the public experience. Situated along the edge of a development site,it should extend to link with the A mid-block passage may link through a property to provide access rear alley. Adjacent to a residential type historic to uses along the side of a building or to businesses on an alley. building it can provide a respectful break and a space between the two. r 6.9 Mid-block walkways shall remain - subordinate in scale to traditional lot widths. • Mid-block public walkways shall be between 8 ft. and 10 ft. in width. &� 6.10 A mid-block walkway should provide public access to the following: • Additional commercial space and frontage within the walkway • Uses located at the rear of the property :wu a A passageway may be considered as Public Amenity Space when it remains subordinate to the continuity of the block face.It should be designed to visually appealing and to provide access to active uses. Commercial,Lodging and Historic District � Design Objectives and Guidelines G'°r page 101 P48 City of Aspen Commercial Core Historic District Alley Side Amenity Space �t Public amenity space maybe located to the rear r - - I --�----._- of the site in association with the alleyway. Such a space shall provide access to commercial uses -4 at the street or second floor level. Public amenity space may also be located at the corner Of an alley and a street. Such spaces should be designed to enhance the use of alleys for supporting commercial uses. l6.11 An alley side amenity space shall be designed to have these characteristics:. -,-X Direct public access to commercial space at street or second floor levels Public amenity space located at an alley should generally be south . Maximize solar access to the alley side facing to maximize solar access for the space and provide access to amenity space commercial space that may be located there. Enhance of the attractiveness and use of the rear alley • Minimize the adverse impacts of adjacent service and parking areas Commercial,Lodging and Historic District page 102 G.:.-'. Design Objectives and Guidelines P49 City of Aspen Commercial Core Historic District Second Level Amenity Space An outdoor patio space on a second floor, which is directly accessible to the general public, will be considered as a form of public amenity space when it is compatible with the historic context tv and is clearly inviting for public use. This will be most successful in association with outdoor i 1 s dining space. In this respect it may be favorably considered within sites affected by mountain view planes. r l 6.12 Second level amenity space should be Second level space shall be accessible from a public space such as compatible with the character of the historic a sidewalk or street facing amenity space. district. • It shall remain visually subordinate to any historic resource on the property. _ • If located on a historic property,it may not alter the appearance of the resource as seen from the street. 6.13 A second floor amenity space should meet P11 - � . all of the following criteria: _ • Ensure consistent public access • Be dedicated for public use ' • Provide a public overlook and/or an r interpretive marker • Be identified by a marker at street level outdoor private space shall bedemarcatedfrom the public amenity space. 6.14 Second level space should be oriented to maximize solar access and mountain views, or views of historic landmarks. 6.15 Second level space should provide public access by way of a visible and attractive public stair or elevator from a public street, alley, or street level amenity space. t Second level public amenity space shall provide permanent public access from the street. Commercial,Lodging acid Historic District Design Objectives and Guidelines Idd page 103 P50 City of Aspen Commercial Core Historic District Front Yard Amenity Space Certain areas within the Commercial Core retain a distinct historic residential character.This is often defined by a landscaped front yard and side yard 4 setback. To maintain and enhance this tradition in certain areas,a landscaped front yard amenity � space may be considered. 6.16 Second level dining may be considered. • If the use changes, the space must remain accessible to the public, so long as it is to be considered meeting the public amenity ` space requirement. Certain areas within the commercial core are identified with historic single story buildings with setbacks.Front yard setback areas may Frnt and be considered as public amenity space in such an instance. be Consodered tithe context olf as historic oone story residential type building. Pool of■� 3 Von., � a 9 1 .4u ■r " X Buildin g Placement lam LAM The Wheak cpe E.Hyman Ave. Street Corners i Street corners are important elements in the �' N �� • 2 street block and in the framing of many of the a views which characterize the Commercial Core. N Many buildings on corner lots exhibit special features that add accents. Corner entrances and This figure ground study illustrates the alignment and amount of storefront windows that extend along intersecting open space along the street edge during the year 1904. street fagades are examples. These elements are appropriate in many corner lot locations and should be encouraged.Here the buildings should confirm the pattern of a strongly defined building op M wall at the street edge. Building facades should " be oriented parallel to the street, with variation Theta k'opoaflo E.Hyman Ave. pnd,s1,i-Mu11 in front wall setbacks kept to a minimum. Any �■ � departure from the street wall, for well defined and designed public dining space, should occur r vin as an accent within the street block, not the predominant pattern. The same blocks in 1999. Notice how the increased use of open Exceptions for street dining might be considered, space has eroded the building wall along the street. in the outer southern edge of the Commercial Core. These sites often serve as focal points for public activity and therefore sitting areas and other gathering spots are appropriate in the outer edges of the district. Commercial,Lodging and Historic District page 104 u1 Design Objectives and Guidelines P51 City of Aspen Commercial Core Historic District Building Setbacks The Commercial Core has a strong and relatively consistent street fagade line. Corner buildings, often of late 19th/early 20th century form,an chor the street block in many instances. Within the street facade however there are some departures K from this where small areas of open space provide individual street dining experiences. ' r r ; Setbacks within the central commercial area _�r should reinforce the objective of maintaining and enhancing the special urban and traditional character of the strong urban edge of the street fagade and street corner. Local areas of open space - Traditionally,commercial buildings were built to the sidewalk edge also further the objective of the street vitality and anchored the corner.This should be continued. created by well defined dining space within the city. These should however remain as an accent within the street facade. Side setbacks provide the opportunity to create or enhance public passageways or through courts to the rear alley, with the advantages of improved public permeability, access and additional commercial frontage. See also Street&Circulation ` Pattern design guidelines. Rear setbacks create the opportunity to achieve more creative and 45`' attractive commercial and public space to the rear ' of the site and alley. In sum, buildings create a strong edge to the street because they traditionally aligned on the front lot line and were usually built out to the full width of a parcel.Although small gaps do occur between some structures, these are exceptions. 1 This uniform wall of building fronts is vitally important to the historic integrity of the district This second floor patio incorporates an abstract interpretation of upper-story windows and cornice elements to define the space and and should be preserved. maintain the building wall line along the block. Commercial,Lodging and Historic District °� page 105 Design Objectives and Guidelines ,a P52 City of Aspen Commercial Core Historic District 6.18 Maintain the alignment of facades at the sidewalk's edge. x Place as much of the fagade of the building at the property line as possible. t Locating an entire building front ` behind the established storefront line is inappropriate. f _ - A minimum of 70%, of the front facade shall be at the property line. Ott # 6.19 A building may be set back from its side s lot lines in accordance with design guidelines >' identified in Street & Circulation Pattern and i Public Amenity Space guidelines. . ' Building Orientation Development within the core area has been traditionally oriented with the street grid. This relationship should be maintained. 6.20 Orient a new building to be parallel to its lot lines,similar to that of traditional building i orientations. The front of a primary structure shall be oriented to the street. Maintain the alignment of facades at the sidezoalk's edge. 6.21 Orient a primary entrance toward the street. • Buildings should have a clearly defined primary entrance. For most commercial buildings, this should be a recessed entry way. • Do not orient a primary entrance to an interior court. • Providing secondary public entrances to commercial spaces is also encouraged on larger buildings. Jc Commercial,Lodging and Historic District page 106 �:'.� Design Objectives and Guidelines P53 City of Aspen Commercial Core Historic District Building Form Aprominent,unifying element of the Commercial A Core is the similarity of building forms. Commercial buildings were simple rectangular solids,deeper than they were wide,with flat roofs. In a few instances,gabled roofs,with false fronts may have been seen. This characteristic of flat i. r roof lines is important and should be continued . in new projects. 6.22 Rectangular forms should be dominant Rectangular forms should be dominant on Commercial Core on Commercial Core facades. fagades. • Rectangular forms should be vertically oriented. The fagade should appear as predominantly flat, with any decorative elements and projecting or setback "articulations" appearing to be subordinate to the dominant form. YES! NO! YES! YES! I 6.23 Use flat roof lines as the dominant roof — J- — — form. sidewalk • A flat roof, or one that gently slopes to the street rear of a site, should be the dominant roof form. Orient a building parallel to its lot lines. • Parapets on side fagades should step down towards the rear of the building. • False fronts and parapets with horizontal emphasis also may be considered. 6.24 Along a rear facade,using building forms that step down in scale toward the alley is encouraged. • Consider using additive forms,such as sheds, stairs and decks to reduce the perceived scale.These forms should however,remain subordinate to the primary structure. • Use projecting roofs at the ground floor over entrances, decks and for separate utility structures in order to establish a human scale that invites pedestrian activity. Commercial,Lodging and Historic District Design Objectives and Guidelines t' page 107 P54 City of Aspen Commercial Core Historic District Building Height, Mass & Scale The character of the Commercial Core derives - - `- in part from the range and variety of building heights. These vary from one to three stories. Building height with traditional lot width and • _ 4 g;s, !.' creates a constantly changing cornice profile along a block face. This is the basis of the human scale, % " _ � architectural character and visual vitality of the a t city center. New development in this area should continue this variation. With respect to scale,a new building shall also be Maintaining a block facade and orienting new development with sensitive to nearby historic building These range the street grid are two key objectives in the Commercial Core from single story historic residential structures to District. three story Victorian commercial buildings. $ - Two Story Scale A 6.25 Maintain the average perceived scale of ` t wo-story buildings at the sidewalk. z - _ Establish atwo-story height at the sidewalk - �?� edge,or provide a horizontal design element i •i y�. at this level. A change in materials, or a molding at this level are examples. Height Variation Maintain the average perceived scale of two-story buildings at In the Commercial Core area building heights the sidewalk. range from one to three stories. This variation in fagade height is a key characteristic that should be maintained. Variation in height should occur where the site is larger than two traditional lot widths,in order to reduce overall scale of the building. A variation in fagade height,often in conjunction with setting back an upper floor,may be required. 6.26 Building facade height shall be varied from the facade height of adjacent buildings of the same number of stories. • If an adjacent structure is three stories and 38 ft.tall,new infill may be three stories,but must vary in fagade height by a minimum of 2 ft. commercial,Lodging and Historic District `%� page 108 _ Design Objectives and Guidelines �a P55 City of Aspen Commercial Core Historic District 6.27 A new building or addition should reflect the range and variation in building height of § the Commercial Core. • Refer to the zone district regulations to determine the maximum height limit on the subject property. } • Aminimum 9 ft.floor to ceiling heightis to be- maintained on second stories and higher. • Additional height,as permitted in the zone ' district,may be added for one or more of the t, following reasons: In order to achieve at least a two-foot variation in height with an adjacent A new building or addition should reflect the range and variation building. in building height of the Commercial Core. The primary function of the building is civic.(i.e.the building is a Museum,Civic Building,Performance Hall, Fire Station, - etc.) Some portion of the property is affected by a height restriction due to its proximity t to a historic resource, or location within a View Plane, therefore relief in another + `� �; '� r '' "J,,. B area may be appropriate. A �-t k - To benefit the livability of Affordable Housing units. - To make a demonstrable(to be verified by Methods of achieving height variation within a single building include(A)stepping the building down as it approaches the alley the Building Department)contribution to and(B)stepping the building along the primary fagade. the building's overall energy efficiency, for instance by providing improved day- Existing Building New Building lighting. 6.28 Height variation should be achieved using one or more of the following: • Vary the building height for the full depth 42 of the site in accordance with traditional lot 38 width. • Set back the upper floor to vary the building facade profile(s) and the roof forms across Building fagade height shall be varied fi-om the facade height of the width and the depth of the building. adjacent buildings of the same number of stories. • Vary the facade (or parapet) heights at the front. • Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. Commercial,Lodging and Historic District Design Objectives and Guidelines ;^ page 109 a P56 City of Aspen Commercial Core Historic District _.._ Height Variation for Larger Sites - Buildings within the commercial center an - - _ historic core of Aspen represent the traditional lot widths of the city(30 ft.),either in building width or the horizontal and vertical design articulation f of the street fagade. New development occupying Ze a site of more than one traditional lot width yt should be designed to integrate with the scale � �=11 created by narrower existing buildings. The architectural rhythm of earlier street fagades should also be reflected in new development to retain and enhance the human scale and character F;4 of the center of the city. 6.29 On sites comprising more than two traditional lot widths, the facade height shall be varied to reflect traditional lot width. The facade height shall be varied to reflect traditional lot width. �k 111 , ' Height should be varied every 60 ft. � 3 i minimum and preferably every 30 ft. of ` •= , linear frontage in keeping with traditional lot widths and development patterns. • No more than two consecutive 30 ft.fagade Height variation can occur in a number of ways,depending on site modules may be three stories tall,within an conditions and design intent. individual building. • A rear portion of a third module may rise to three stories, if the front is set back a minimum of 40 feet from the street fagade. (e.g.at a minimum,the front 40 feet may be no more than two stories in height.) 6.30 On sites comprising two or more traditional lots,a building shall be designed to reflect the individual parcels. These methods shall be used: • Variation in height of building modules across the site • Variation in massing achieved through upper floor setbacks, the roofscape form and variation in upper floor heights • Variation in building fagade heights or cornice line Commercial,Lodging and Historic District page 110 G1 Design Objectives and Guidelines P57 City of Aspen Commercial Core Historic District Height Adjacent to Historic Structures The Commercial Core Historic District is the setting for a very diverse range of historic structures. Designing a building in the historic district demands a sensitivity in design analysis and approach which is exacting and which will vary with each situation. The intent is that a " new building or addition to an existing building ' ; should be designed to respect the height and scale of historic buildings within the commercial ` core. . Historic One Story 6.31 A new building should step down in Commercial Type Building _ scale to respect the height, form and scale of a historic building within its immediate setting. Building fagade height shall be a maximum of one floor higher within 30 ft.of an adjacent single story historic building. 6.32 When adjacent to a one or two story historic building thatwas originally constructed for commercial use,a new building within the same block face should not exceed 28 in height within 30 ft. of the front facade. �. . • In general,a proposed multi-story building i must demonstrate that it has no negative impact on smaller, historic structures r'L''• nearby. • The height and proportions of all facade components must appear to be in scale with nearby historic buildings. Historic One Story Residential y g S. type Building 6.33 New development adjacent to a single New infill adjacent to historic miners cottages shall not exceed story historic building that was originally 28 ft. in height within 30 ft. of the property line adjacent to the constructed for residential use shall not exceed historic structure. 28 ft.in height within 30 ft.of the side property line adjacent to the historic structure, within the same block face. Iconic Historic Structures Visually prominent historic structures 6.34 The setting of iconic historic structures influence the design character of Downtown should be preserved and enhanced when Aspen and should be recognized. These are: feasible. • On sites comprising more than two • The Wheeler Opera House traditional lot widths, the third floor of • The Elks building the adjacent lot width should be set back a • The Independence building minimum of 15 ft from the front facade. Pitkin County Courthouse • Step a building down in height adjacent to • Hotel Jerome an iconic structure. 0 City Hall • Locate amenity space adjacent to an iconic St. Mary's Church structure. Commercial,Lodging and Historic District Design Objectives and Guidelines Guidelines :,+,a page 111 EXHIBIT--/, AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Liza IF . ce j'e-V AYN-e- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: �nio Se,Of' !2 ' SD nn , 2012- STATE OF COLORADO ) ss. County of Pitkin ) 1 ' C'L Sc C"C—" (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that T have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the_day of , 20 ,to and including the date and time of the public hearing. A photograph of the posted notice ("sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the ovi,ners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be 'lE7�Y99 waived. However, the proposed zoning map shall be available for public 'oN U011dooay se 600E'l t aagwanoN Pa pooei se w uewy Puooa6 pue P �n in the Tannin agency during all business hours for fifteen 15 days 991LS9's u6 planning g Y g ) Y 00 S N d uadsy eue!1 uy01od's,aLMe4d swnlu wopuo0 the public hearing on such amendments. ueld a 6u1gs!lgels3 suoll se wnlulwopuo0 gyp; luewpuaw slUe�O;o uo"'121 ad aq,of B1puo0 SL V Isq j a41 Pue 4E9E6b'ON uopdaoaa wn upopuooJo ue 0 P6u'o"I d!4saauMO pue suo9upos9 'pu eueno u94sygel 4 suopoPlsaa (� a47 u9 paquosa 0's3ue1O;o uoge�e!oa0 /tiL, uo,daoay s]3`00 P pue pauyaP se pue'8ylE6b'ON 'S tienue a6ed le 89�looe leld ul boot f Pap�ooa�;oaJag;deyy wn!u!wopuo0 N3 0;6u!N-..'I 3SHHd'smINIWOON00 Signature N3dSd HNHI1S18H0'MZ-9 Put)wn!u9wopuo0 9473;oEje s 4pue smo gwn0ua AIlua»n0,tUadoi!c s�43;o loafgns a 1!0;se si ao40N Pau! w -posaP le6el a414ua'lle n i e Pe d a47;o uoij 041 asoloa1o;0;yua 3 I 1 4.osap-ano e• » 4S PeUBISJapun a4;;o ao4goA�davit of Notice was acknowledged before me this day a47 u1 paouawww sem 6u!paeoad ages s,guays y 'SI J"0130 20 by �/1 'N 847 uod Pese Psl edo soi 6u!aq ales amsoloeoo, — 4 17 1 41 '80'b96'4Ll$ 'p led,08:ua!-!Ajolnle a43;o uol;god,IVIO.L 47;o u040e;sites u1 �❑ aP!m�(„uno 1'sueo�e pled 41pUeoO�OZ e aoaWQtien,ge tie ue�;o WITNESS MY HAND AND OFFICIAL SEAL isn a se uo anp aiaM;eygs;a6pnq Ten ue sp uo 10 aseq saa;i143uow s,uo4_epossy 943;o 96'e0c'at 0 c� My commission expires: N taPu Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 422 E. Cooper Street, Aspen, CO SCHEDULED PUBLIC HEARING DATE: 12 September 2012 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Stan Clauson,being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 28 day of August, 2012, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty(60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) X Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen(15) days prior to the public hearing on such amendments. 1� a� Si jr-a e rl The fo regoing"Affidavit of Notice"was acknowledged before me this ay of�-y , 200?,by �rtTom- [ G S c y ( WITNESS MY HAND AND OFFICIAL SEAL PATRICK S. RAWLEY My commission expires: 6 -2 0 NOTARY P-uauc Notary Public ✓TENTS AS APPLICABLE: ION WSTED NOTICE (SIGN) VD GOVERNMENTAL AGENCIES NOTICED VION OF MINERAL ESTAE OWNERS NOTICE X24-65.5-103.3 1 NOTICE of NEIGHBORHOOD OUTREACH MEETING 422 E. Cooper Street, Unit 1, Red Onion Condominium (currently housing the Omnibus Gallery) A Neighborhood Outreach Meeting will be held on Monday,September 10th 2012 from 4:00- 5:30 p.m. at the Aspen Square Conference Room, 617 East Cooper Avenue, Aspen. The Neighborhood Outreach Meeting is being held to meet the requirements contained in Sec. 26.304.035 of the City of Aspen Land Use Code which requires the applicant to perform neighborhood outreach prior to the first public hearing. The purpose of the Neighborhood Outreach Meeting is to gain input from neighbors and citizens concerning the proposed redevelopment of the building located at 422 E. Cooper Street (Unit 1, Red Onion Condominium). Representatives of the applicant will be in attendance to answer questions and present renderings, modeling, and/or other visual representations of the project. Light refreshments will be provided. Please contact Patrick Rawley at 970-925-2323 or at Patrick @scaplanninq.com with any questions. PARAGON BUILDING ROARING FORK BUILDING P °`1 C P�,l © M RED ONION OFFICES RED ONION 442 E.COOPER SUBJECT PROPERTY 3 , STAN CLAUSON ASSOCIATESIN landscape design 412 North Mill Street Aspen,Colorado 81611 t.970/925.2323 f.970/92o-1628 info @scaplanning.com www.scaplanning.com DOSS IARCHITECTURE + PLANNING 2os 2oa N 216 - 453 0 50 100 230 211 1111116w .1 E Feet W S This map/drawing/image is a graphical representation Ko¢ey WHEELER BLOCK of the features depicted and is not a legal Building BUILDING LLC 400 LOMAALTA Cond representation. The accuracy may change coliaoR&TO depending on the enlargement or reduction. 213 Building 217 CITY OF 400 i HYMAH MALL Owl� COMMERCIAL woods 51 Copyright 2012 Aspen/Pitkin GS ASPEN CONDOS L'LC FAMILY LP 21a 828/2012 10:38:21 AM CAGISAempWug12b120ECooper.mxd BEWTL'EYS AT THE WHEELER 312 14 3'20 ref cn 4� 41c414316 420 426 428 430 432 � _J C9 E HYMAN AVE N RIFF,I P^agora r LARRY R 431 433 oars �� 401 -407 409 413 415 euildilq 419 'S01 50s 'I LINDNER 303' 517 ,101 315 ERIKA L REV P,&L 521 305 TRUST50% PROPERTIES $OS 302 ARCADES ASP,EH CORE j LLC COX J/1MES 304 LLC S VENTURES KOPP„AMELIA Ro�inp E6NANCY L TRUST 307 307 308 GWID Lu W CO LLC Nil 309 z 2 Golden HOm _ � Building LLC 312 312 USArCGRP 315 314 BARNETIT;F,yRWALD BIDYYELL BE 314 COOPER HOLDINGS INC INVESTMENT STREET S16 CORP C!) 31E318 DEVELOPMENT LLC 41416'18 430 434 y VOLK 320 Aspenhot 520 `�` 320 400 408 420 422 424 rT PLAZA LLC 508 J) Z Y U s� a z O E COOPER AVE CITY OF 501 ASPEN 401 10 419 429 433 Ina 525 524831 B I Mg VALLEY 447 INVESTMENTS MEYER GUIDOS ASPEN GROVE 407 LLC BUSINESS SWISS 404 ASSOCIATES BUILDING LLC It LLC LLP 40a 408 406 40a Durant G`abna i 520 CITY OF 450 - ASPEN I � 810 516 E DURANT AVE 6648253 PROOF OF PUBLICATION TI: loci TIM:1 F STATE OF COLORADO,COUNTY OF PITKIN I,Jenna Weatherred,do solemnly swear that I am a Publisher of the ASPEN TIMES WEEK1 Y, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. o "'' s W%so.p r N.GSM .rlo,aov�., 2011 F"PW Tr"m AGPW W: Pe Wj TM� That the annexed legal notice or advertisement was published in the regular �, sX'CRY., i 090UV' - and entire issue of every number of said daily newspaper for the period of 1 T°'°'"°ar°"`" d""d consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 6/19/2011 and that the last publication of said '�,4W�.PGWY"' . notice was in the issue of said newspaper dated 6/19/2011. p ,I d.1.Ap. "'0°"ytBR In witness whereof,I have here unto set my hand this 17"' day of August,2011. Jenna Weatherred,Oub4sher Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 17'h day of August,2011.. N. Mary E.Borkimhagen,Notary Public My Commission expires:August 27,2011 -Aspen(L' 'kLS)City of '" Fri, Jun 10, 2011 10:08:20 6635794 vd /1, 2--, / I Ad Ticket#5 Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: ANGELA SCOREY Client: Caller: Kathryn Koch City: Aspen _Receipt State: CO zip: 81611 Ad Name: 6635794A Original Id: 0 Editions: 8ATI18ATW1 Class: 0990 Start: 06/19/11 Stop: 06119/11 Color: Issue 1 Copyline: atw -Ord#19 - 7.11.11 Pub Hrg Rep: AT Legals PUBLIC NOTICE Lines: 19 LEGAL NOTICE ORDINANCE #19,2011, PUBLIC HEARING Depth: 1.6 Ordinance #19, Series of 2011, was adopted on Columns: 1 first reading at the City Council meeting June 13, 2011. This ordinance, If adopted, will approve a Discount: 0.00 Final PUD for Aspen Walk, 404 Park Avenue. The Commission: 0.00 Public hearing on this ordinance is scheduled for July 11, 2011 at 5 PM, City hall, 130 South Galena. Net: 0.00 To see the entire text, go to the city's legal notice website Tax: 0.00 htti2://www.aADonpkdn-comlD�gMmentsIClork! LemE btkes! Total 9r'� If you would like a copy FAXed or e-mailed to you, Payment 0.00 call the city clerk's office, 429-2686. [6635794] Published in the Aspen Times Weeklyon June 19. 2011. [6635794] Ad shown is not actual print size 4 305-7 MILL STREET LLC 4 SKIERS LP 400 HYMAN LLC 412 N PAULINA 1108 NORFLEET DR 6829 QUEENFERRY CIR CHICAGO, IL 60622 NASHVILLE,TN 372201412 BOCA RATON, FL 33496 409 EAST HYMAN LLC 450 SOUTH GALENA ST INVESTORS LLC 520 EAST COOPER PTNRS LLC 63 FOX PROWL 450 S GALENA ST#202 402 MIDLAND PARK CARBONDALE, CO 81623 ASPEN, CO 81611 ASPEN, CO 81611 AGRUSA LISA ANN ARCADES ASSOCIATES LTD LLC ASPEN CORE VENTURES LLC 2090 W FIRST ST#1010 C/O KRUGER&CO 418 E COOPER AVE#207 FORT MYERS, FL 33901 400 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN GROVE ASSOCIATES LLP ASPEN RETREAT LLC BARNETT-FYRWALD HOLDINGS INC C/O M&W PROPERTIES 6536 E GAINSBOROUGH 500 PRESIDENT CLINTON AVE STE 310 205 S MILL ST#301A SCOTTSDALE,AZ 85251 LITTLE ROCK,AR 72201 ASPEN, CO 81611 BENTLEYS AT THE WHEELER BIDWELL BERT INVESTMENT CORP BLACK HAWK ASPEN LLC PO BOX 10370 2870 PEACHTREE RD#427 ROECLIFFE COTTAGE JOE MOORES LN ASPEN, CO 81612 ATLANTA, GA 30305 WOODHOUSE EAVES LEICESTERSHIRE LE12 8TF ENGLAND, CARLSON BRUCE E TRUST CHARLIES COW COMPANY LLC CHISHOLM REVOCABLE TRUST PO BOX 3587 315 E HYMAN AVE 3725 N GRANDVIEW DR ASPEN, CO 81612 ASPEN, CO 81611 FLAGSTAFF,AZ 86004-1603 CITY OF ASPEN COASTAL MOUNTAIN INVESTMENTS COASTAL MTN PROPERTIES LLC ATTN FINANCE DEPT LLC 130 S GALENA ST 2519 N MCMULLEN BOOTH RD#510-307 2639 MC , FL 33759 K DR CLEARWATERER F ASPEN, CO 81611 CLEARWATER, FL 33761 COOPER STREET DEVELOPMENT LLC COTTONWOOD VENTURES I LLC COTTONWOOD VENTURES II LLC C/O PYRAMID PROPERTY ADVISORS 419 E HYMAN AVE ATTN JANA FREDERICK 418 E COOPER AVE#207 ASPEN, CO 81611 300 CRESCENT CT#1000 ASPEN, CO 81611 DALLAS,TX 75201 COX JAMES E&NANCY DENSON JAMES D DOLE MARGARET M C/O KRUGER&CO PO BOX 1614 PO BOX 8455 400 E HYMAN AVE TUBAC,AZ 85646 ASPEN,CO 81612 ASPEN,CO 81611 DUVIKE INC ELKS LODGE 224 F&M VENTURES LLC C/O AERSCAPE LTD 210 S GALENA ST STE 21 C/O MORRIS&FYRWALD RE 230 S MILL ST ASPEN, CO 81611 415 E HYMAN AVE ASPEN,CO 81611 ASPEN, CO 81611 2 3 A ✓C- C� FIERCELY LOCAL FITZGERALD FAMILY PARTNERSHIP LTD FOOTLOOSE MOCCASIN MAKERS INC 328 E HYMAN AVE C/O PITKIN COUNTY DRY GOODS LLC C/O MANUEL GOUVEIA ASPEN, CO 81611 520 E COOPER 44 SILVERADO CT. ASPEN, CO 81611 CANON CITY, CO 81212 FORD ANN MICHIE G&K LAND CO LLC GERARDOT J REVOCABLE TRUST 216 WAPITI WAY 140 PITKIN MESA DR 5526 HOPKINTON DR BASALT, CO 81621 ASPEN, CO 81611 FORT WAYNE, IN 46804 GONE WEST LLC GORDON DAVID F&LETICIA LLC GORSUCH COOPER LLC 401 W CENTER C/O JOE RACZAK/NORTH OF NELL MGT 263 E GORE CREEK DR SEARCY,AR 721451406 555 E DURANT VAIL, CO 81657 ASPEN, CO 81611 GREENWAY COMPANY INC GREENWOOD KAREN DAY GREGG LELAND JOHN 666 TRAVIS ST#100 GREENWOOD STERLING JAMES PO BOX 1935 SHREVEPORT, LA 71101 409 E COOPER AVE SANTA YNEZ, CA 834601935 ASPEN, CO 81611 GRIFFITH LARRY R GUIDOS SWISS INN LLC HOPPES DIANA 19794 ESCADA CT 23655 TWO RIVERS RD 5400 VERNON AVE#106 REDDING, CA 96003 BASALT, CO 81621 EDNA, MN 55436 HORSE ISLAND LLC HYMAN MALL COMMERCIAL CONDOS INDEPENDENCE PARTNERS 415 E HYMAN AVE#16 LLC C/O CAPMARK INC ASPEN, CO 81611 290 HEATHER LN 205 S MILL ST#301A ASPEN, CO 81611 ASPEN, CO 81611 INDEPENDENCE SQUARE UNITS LLC INDY UNIT 211 LLC JENNE LLP 3109 OAKMONT DR PO BOX 11627 1510 WINDSOR RD STATESVILLE, NC 28625 ASPEN, CO 81612 AUSTIN,TX 77402 KANTZER TAYLOR M FAM TRST#1 KAUFMAN GIDEON I KOPP AMELIA L TRUST 216 SEVENTEENTH ST C/O KAUFMAN&PETERSON 1000 DOLORES WY#B MANHATTAN BEACH, CA 90266 315 E HYMAN AVE#305 CARBONDALE, CO 81623 ASPEN, CO 81611 KRISTAL ASPEN LLC LCT LP LEFFERS JEFFREY J TRUSTEE 1417 WEST 10TH ST TENNESSEE LIMITED PARTNERSHIP 5526 HOPKINTON DR AUSTIN,TX 787034816 PO BOX 101444 FORT WAYNE, IN 46804 NASHVILLE,TN 37224-1444 LINDNER FRITZ DISCLAIMER TRUST LOMA ALTA CORPORATION LYSTER BARBARA 50% PO BOX 886 37 OCEAN HTS DR 66966 TEN PEAKS CT LANCASTER, TX 75146-0886 NEWPORT COAST, CA 92657 BEND, OR 97701 MAIERSPERGER RENELL MARCUS DURANT GALENA LLC MCDONALDS CORPORATION 05/152 404 S GALENA_ C/O STEPHEN J MARCUS PAUL NELSON ASPEN, CO 81611 PO BOX 1709 142 TANAGER DR ASPEN, CO 81612 GLENWOOD SPRINGS, CO 81601 MEYER BUSINESS BUILDING LLC MORRIS ROBERT P MTN ENTERPRISES 80B 23655 TWO RIVERS RD 600 E HOPKINS AVE STE 304 C/O HILLIS OF SNOWMASS BASALT, CO 81621 ASPEN, CO 81611 PO BOX 5739 EAGLE, CO 816315739 P&L PROPERTIES LLC PEYTON MARI PRADA USA CORP 101 S 3RD ST#360 409 E COOPER#4 STE 1 C/O GIORGION RIGHETTI, CFO GRAND JUNCTION, CO 81501 ASPEN, CO 81611 610 WEST 52 ST NEW YORK, NY 10019 RANKMORE KEVIN L&JASMINE RONCHETTO LYNN A ROSS BARBARA REVOCABLE TRUST PO BOX 168 320 E 42ND ST#101 PO BOX 594 WELLINGTON NSW 2820 AUSTRALIA, NEW YORK, NY 10017 HANALEI, HI 96714 ROSS ROGER A REVOCABLE TRUST RUTLEDGE REYNIE SCHROEDER FAMILY TRUST 4720 WAILAPA RD 51 COUNTRY CLUB CIR 4 GREENWOOD CT KILAUEA, HI 96754 SEARCY,AR 72143 ORINDA, CA 94563 SCHULTZE DANIEL G SILVER SLAM COMMERCIAL LLC SLAM COMMERCIAL LLC 7711 WESTMINISTER C/O RELATED COMPANIES/JEFF BLAU 2100 E MAPLE RD#200 BYRON CENTER, MI 49315 60 COLUMBUS CIR BIRMINGHAM, MI 48009 NEW YORK, NY 10023 STEPHENS ROSS DAVID SWEARINGEN WILLIAM F SWENERG JAMES&SANDRA L 1337 B DANIELSON RD 450 CONWAY MANOR DR NW 2660 ROCK REST RD SANTA BARBARA, CA 93108 ATLANTA, GA 303273518 PITTSBORO, NC 27312 TENNESSEE THREE TENNESSEE THREE RENTALS TOMKINS FAMILY TRUST PO BOX 101444 C/O J H COBLE 520 E COOPER AVE#209 NASHVILLE,TN 37224-1444 5033 OLD HICKORY BLVD ASPEN, CO 81611 NASHVILLE,TN 37218-4020 VALLEY INVESTMENTS LLC VOLK PLAZA LLC VOLK RICHARD W TRUSTEE 205 S MILL ST#301A 995 COWEN DR#201 C/O RICHARD W VOLK MANAGER ASPEN, CO 81611 CARBONDALE, CO 81623-1657 2327 MIMOSA DR HOUSTON,TX 77019 WAVO PROPERTIES LP WENDELIN ASSOC WHEELER BLOCK BUILDING LLC 512 1/2 E GRAND AVE#200 150 METRO PARK TKG MANAGEMENT INC C/O DES MOINES, IA 50309-1942 ROCHESTER, NY 14623 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 WHEELER SQUARE-CASPER FAMILY WOLF LAWRENCE G TRUSTEE WOOD ARNOLD S&ANNE M LLC 22750 WOODWARD AVE#204 65 MOSTYN ST 315 E HYMAN FERNDALE, MI 48220 SWAMPSCOTT, MA 01907 ASPEN, CO 81611 WOODS FAMILY LP ZUPANCIS ROBERT L 30.621% PO BOX 11468 509 RACE ST ASPEN, CO 81612 ASPEN, CO 81611 fk It EXHIBIT September 12, 2012 Ms. Ann Mullins Chair, Aspen Historic Preservation Commission City of Aspen 130 S. Galena Aspen, CO 81611 Re: 420 E. Cooper Avenue Conceptual Major Development, etc. Red Onion Investors Dear Ms. Mullins, Aspen Elks Lodge #224 is the owner of the historic three story building located on the corner of Hyman and Galena Streets. The Lodge is comprised of over 900 members who have instructed its governing body to take any steps necessary to protect its view plane of the mountains, particularly the views of Aspen Mountain. The Lodge Trustees and House Committee aka Board of Directors, Aspen Elks Lodge #224, therefore, takes the position that the project proposed by Red Onion Investors at 420 E. Cooper Avenue, and represented by Poss Architecture and Planning and Stan Clauson Associates, may interfere with the Lodge's view plane mentioned above,to such an extent that it opposes the request to do so. Respectfully submitted, Richard Miller Exalted Ruler Aspen Elks Lodge #224 510 E. Hyman, Suite 300 Aspen, CO 81612 Cc: Sara Adams,Aspen Community Development Department Kathryn Koch, City Clerk 510 E. Hyman Avenue, Suite 300 • Aspen, CO 81611 • 970 925-9071 • 970 925-8678(FAI} EX141BIT DR. BRUCE EINAR CARLSON 415 E. HYMAN • PO. BOX 3587 ASPEN, CO 81612 1303) 920-3159 t 1 i oww �pimam ilir"�• air Moo Palo ejw wile MAI �t 111 ,�� R [A` !R �/l ►i /��'a�'A�; R 'i!I '�®' + v • �ii '�I'1�j '��/1, IMAY gg�,,� if to agar �• • •� ,�` `�� ��A7 rte:Orly � • `,INN M 71- Elwin ;■■■►l■ Ilk WINN WW rM 1 7, ��� `� ._ •�.• ,� � _w,;� ,ter: .. �''�.. t `�•. :■` . \ �i; . •, : r , � _.�� �� �`� art NOTICE of NEIGHBORHOOD OUTREACH MEETING 422 E. Cooper Street, Unit 1, Red Onion Condominium (currently housing the Omnibus Gallery) A Neighborhood Outreach Meeting will be held on Monday,September 10th 2012 from 4:00- 5:30 p.m. at the Aspen Square Conference Room, 617 East Cooper Avenue, Aspen. The Neighborhood Outreach Meeting is being held to meet the requirements contained in Sec. 26.304.035 of the City of Aspen Land Use Code which requires the applicant to perform neighborhood outreach prior to the first public hearing. The purpose of the Neighborhood Outreach Meeting is to gain input from neighbors and citizens concerning the proposed redevelopment of the building located at 422 E. Cooper Street (Unit 1, Red Onion Condominium). Representatives of the applicant will be in attendance to answer questions and present renderings, modeling, and/or other visual representations of the project. Light refreshments will be provided. Please contact Patrick Rawley at 970-925-2323 or at r)atrick@scoplanning.com with any questions. PARAGON BUILDING / ROARING FORK BUILDING i I U L:l RED ONION OFFICES RED ONION 442 E.COOPER SUBJECT PROPERTY 3 ., STANCLAUS� design ON ASSOCIATES �N P 412 North Mill Street Aspen,Colorado 81611 a> t.970/925-2323 (.970/920-1628 info @scaplanning.com www.scaplanning.com DOSS JARCHITECTURE + PLANNING P59 e MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: Proposed policy regarding submission of new materials at HPC hearings DATE: September 12, 2012 SUMMARY: Ann Mullins recently requested,discussion of a policy for materials that are delivered to HPC during a meeting, sometimes leaving staff and the board with little opportunity to review or digest the information. Staff memos usually include suggestions that various parts of a project should be restudied. We have often encouraged applicants to bring restudies of minor elements to show the board. Recently, there have been numerous occasions when the "last minute" information is complex, unclear, not actually favored by the applicant, etc., causing confusion during the review. A possible policy could be: An applicant must submit all new information that is to be presented to HPC in response to the staff memo, or as further illustration of the project, no later than 4 p.m. on the day before the hearing, so that it may be distributed to the board members. This includes drawings and written material of any kind. No substantive changes may be proposed after the staff memo is issued. Substantive changes will be reviewed at a later date due to the requirement that HPC receive a staff recommendation prior to making findings. Some information, such as samples of materials that cannot be distributed to the board and models, will continue to be introduced at hearings. Staff requests direction on whether a policy like the draft above is appropriate.