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Home My WebLink AboutLand Use Case.HP.627 W Main St.0053.2005.ASLU-627 W MAIN ST 0053.2007.ASLU - 273512448010 HISTORIC TDR 1 %, gz>)< H.P '37 . ti F 7 4â€¢4 COMMUNITY 4.Ahd/ DEVELOPMEh 1 CITY OF ASPEN CASE NUMBER 0053 2005.ASLU PROJECT ADDRESS HPC TDR (ENTERED IN EDEN AS AN ASLU) PARCEL ID 273512448010 PLANNER AMYSIMON CASE DESCRIPTION TDR REPRESENTATIVE DOUGLAS KELSO DATE OF FINAL 04.08.2008 ACTION CLOSED BY ANGELA SCOREY 1- - - Se Edit aecord Navigate Fgrm Reports For[net Iab tle# *jiX, e .9 --7 ~~ ' ~ ' . 40'f-'-1 <.7 04 4 / 4 Il Â£ al A.,1 C * 4 0 2 â‚¬1 i j Â·A â€¢ 1@b., ~ Main| Custor,Fjelds | faluation | Pa,cels 'Actions | Feei | Fee SummarM ~ Subeerrnits ~ gonditions ~ Routing Mistory ~ N I Petint Type == -'111~ Permit 11 |0053 2007 ASLU 4 Address 1',27 W MAIN ST -J Apusdel Â·:1 Cky ASPEN ~ 5 State [CO d Zip ~81671 - _j i Pe,mit Infolmatior, ' Maste, Pe,mic 1 lu Routing Queue lastu07 Appied |6* i BROD _g ; PTOFI jj Status ~pending Approved E- -1 , Description~HISTORIC TDR Issued E-~ _ 1 ~ Submitted ~STEEVWILSON 279-4157 Clock EGAng Daps E D Expiies loORiizo~ 1 ~ Owner Last Name |KEL50 g| First Name|DOUGLAS ~627 W MAIN ST ~ ~.ASPEN CO 81611 Phone 1[9701 9253349 9 Owne, 1.Applicant? : Appicant - -: Last Name ~KERE) - -- - o~ First Name ~DOUGLAS |627 W MAIN ST ' - .- - --- ~ASPENE081611 Phone ~[970) 925-3349 Cult 11 [27905 d Lendet ~ Last Name | -j First Name 1 Phone I Ent/the permit type code Aspen(301(!(b} 1~1~ Record 1 ol 1 "PN 310!no X . DEED RESTRICTION AND AGREEMENT FOR ESTABLISHMENT OF ONE (1) HISTORIC TRANSERABLE DEVELOPMENT RIGHT PURSUANT TO ASPEN CITY COUNCIL ORDINANCE # 2, SERIES OF 2008 4-1 THIS DEED RESTRICTION AND AGREEMENT is made and entered into this 7 - day of . A p.. L , 2008, by Douglas P. Kelso, (hereinafter referred to as "Owner"), whose address 44-1 N .7-~-1 A ' '4 .5 I Aspen, CO 81611, located in the City of Aspen, State of Colorado, and the City of Aspen, a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (hereinafter the "City"); WITNESSETH WHEREAS, Owner owns real property more specifically described Lot B, Block 25, City and Townsite of Aspen; Parcel ID 17 34,44Â¥ So /0 , Pitkin County, Colorado, also known as (P al uv . Al'.9 - S f Aspen, (hereinafter referred to as "Real Property"), which Real Property is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with Section 26.535.040 of the City Code, and supplied the necessary application materials identified in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the City Code; and WHEREAS, The Community Development Department has reviewed Owner's application according to the review standards identified in 26.535.060 of the City Code, and has recommended approval of the application and the establishment of one (1) Historic TDR Certificate as set forth herein; and WHEREAS, City Ordinance No. 2, Series of 2008, dated 601â€¢Ack /0 , 2008, (the "Ordinance"), approves the establishment of the above referenced Historic TDR Certificate, and requires that a Deed Restriction be recorded in real property records of Pitkin County, designating the Real Property as a Sending Site and permanently restricting the development of the Real Property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established; and WHEREAS, in consideration of the establishment of one Historic TDR Certificate, pursuant to the Ordinance and City Code, Owner agrees to restrict the Real Property as set forth herein. NOW, THEREFORE, in consideration ofthe mutual promises and obligations contained herein, Owner and the City hereby covenant and agree as follows: Development of the Real Property (the Sending Site) is hereby permanently restricted to an allowable Floor Area not exceeding the allowance for a single-family residence as otherwise permitted by the City Code on the Real Property, minus two hundred fifty (250) square feet, that being two hundred fifty (250) square feet of Floor Area multiplied by the one Historic TDR Certificate hereby established. RECEPTION#: 548454.04/18/2008 at 01:40:23 PM, 1 OF 3, R $16.00 DF $0.00 Doc Code Page 1 of 3 DEED RESTRICT Janice K. Vos Caudill, Pitkin County, CO C \LMO Data & Forms\Data\Clients\KELSO, DOUGLAS P\DEED RESTRICTION & AGREEMENT I . In consideration o f the foregoing, and pursuant to the City Code and the Ordinance, the City shall cause the issuance o f one (1) Historic TDR Certificate executed by the Mayor, allowing the development o f an additional two hundred fifty (250) square feet of Floor Area on a Receiver Site to be determined pursuant to the City Code. This Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of title shall be evidenced by an assignment of ownership on the actual certificate document. Upon transfer, the new owner may request the City to re-issue the certificate acknowledging the new owner. Reissuance shall not require adoption of a new ordinance. The market for such Historic TDR Certificates shall remain unrestricted and the City shall not prescribe or guarantee the monetary value of any Historic TDR Certificates. The deed restriction shall not be construed to stipulate an absolute Floor Area on the Real Property, but only a square footage reduction from the allowable Floor Area, as that allowable Floor Area may be amended from time to time. The Real Property (Sending Site) shall remain eligible for Floor Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. This restriction may be modified only in a writing signed by both the Owner and the City. Unless modified as stated above, this Agreement shall constitute a covenant running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this instrument on the date and year above first written. OWNER: By: 3- 6-35- b } 6--- Do*las P. Kelso STATE OF COLORADO } }SS. COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this 2~~, DAY OF /~(0 < , 2008 by Douglas P. Kelso Page 2 of 3 C \LMO Data & Forms\Data\Clients\KELSO, DOUGLAS P\DEED RESTRICTION & AGREEMENT FOR ESTABLISHMENT,doc Witness my hand and official s al My commission expires: D Arbit~ lot 1 >+ fAL 196ry Public APPROVAL OF CITY ATTORNEY *i-,13Â·'--(7. --e~t'~ By: ik e )/141 in , j-tiu:-41%1 4 John P. Worcester, City Attorney In THE CITY OF ASPEN, COLORADO NiSS*-- A body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State o f Colorado By V 40440// Date: 0 - 71 . A. Michael C. Ireland STATE OF COLORADO } } SS. COUNTY OF PITKIN } -A The foregoing instrument was acknowledged before me this ~/04hay oft(k.il ,1008 by Michael C. Ireland, as Mayor of the City of Aspen. U Witness my hand and official seal. , My commission expires: DM 11-/24/1 /-k>L*=:3:N 4 UL *Aul /jeL?oveza ffry Public N ef %.0 Na f JACKIE ~ 4 Loâ„¢IAN j ''00 -'4<~37-3*Â§~' Page 3 of 3 C \LMO Data & Forms\Data\Clients\KELSO, DOUGLAS P\DEED RESTRICTION & AGREEMENT FOR ESTABLISHMENT.doc viltaâ€¢ MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Amy Guthrie, Historic Preservation Officer/2~ THRU: Chris Bendon, Community Development Director ~AM DATE: March 10, 2008 RE: 627 W. Main Street, Establishment of One (1) Transferable Development Right, Second Reading of Ordinance #2, Series of 2008 (Parcel 2735-124-48-010)- PUBLIC HEARING REQUEST OF COUNCIL: The applicant requests City Council approve the establishment of one 250 square feet Transferable Development Right certificate (TOR). 627 W. Main f f --%_ j r- t:"iffz~*r.,~:6~Ap 7 1 '"0*4&14.fbri'rl:/Mw.:Â·k. 41Â£ viA . - ~ 1 1 1 '#Ai #.1,/#07; _~~ TEALÂ¥ .f i. i? 1 1 r-/ 1 ' i I-....I -fi&*---.I--- -CrnmrN---------lL1- Ld A--4 1 1 :it -1 j li f 2 - ---#- - - 1 4---Lj / f 91 111-9..45.*24 -3 * 7-%-- 1 1 1 1 4 . .L 9 . .,E 7 R. M--J- i , ..# . 77.%%-M ..~ 1 4 u * 1 1 APPLICANT: Douglas Kelso, owner, represented by Steev Wilson, Forum Phi. LOCATION: 627 W. Main Street, Lot B, Block 25, City and Townsite of Aspen. BACKGROUND: The subject property is a 3,000 square foot lot that is located at the far west end of Main Street, within the historic district. A Victorian era home, still in use as a residence, sits on the lot. The owner would like to sell some unused FAR as one TDR. A modest expansion will be proposed to the HPC in the near future. DISCUSSION: The purpose of a TDR is to encourage the preservation of Historic Landmarks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be built on a different and non-historic property within the City of Aspen. Each TDR is equal to 250 square feet of Floor Area. The TDR Revised 2/28/2008 C:\home\AMYG\CASES\TDR\627wmainsecondreading.doe Page 1 of 2 program enables standard market forces, and the demand for floor area and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. Property owners may choose to invest funds that are gained from the sale o f TDRs into restoration work on the landmark. Floor Area Analysis for 627 W. Main: Total allowable floor area for 3,000 square foot lot with existing single family home in 2,400 square feet the Mixed Use zone district Sever 1 TDR certificate at 250 square feet (2,400 - 250) = 2,150 square feet allowable floor area on the site after severing TDR Existing floor area on 627 W. Main 1,918 square feet Balance remaining for future expansions (2,150-1,918)=232 square feet STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria to Establish one Transferable Development Right and finds that TDRs are a good tool for preserving a historic resource by reducing development pressure. Staff recommends approval of the TDR certificate. PROPOSED MOTION: "I move to adopt Ordinance #2, Series of 2008." CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance #2, Series of 2008 A - Review Criteria. B -Application. Revised 2/29/2008 C:\home\AMYG\CAS ES\TDR\627wmainsecondreading. doe Page 2 of 2 Exhibit A Section 26.535.070 REVIEW CRITERIA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHT. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A) The Sending Site is a Historic Landmark on which the development of a single- family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding: The proposed 3,000 square foot sending site is located within the Mixed Use zone district, which allows residential single-family use. The sending site is a designated Historic Landmark, listed on the Aspen Inventory of Historic Landmark Sites and Structures. B) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two-hundred and Jifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding: The subject property has a total allowable FAR of 2,400 square feet. A total of 482 square feet of floor area remains unbuilt on the site. The property is eligible to establish one (1) Historic TDR Certificate, worth 250 square feet. C) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding: The establishment of one TDR will not increase or create a non-conformity. D) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding: The existing structure includes 1,918 square feet of floor area out of an allowable floor area o f 2,400 square feet. The unbuilt floor area existing on the site is 482 square feet. There are currently no other approved plans in place that would decrease available FAR. E) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Exhibit A Revised 2/28/2008 C:\home\AM YG\CAS ES\TDR\627wmainExhibitA.doc Page 1 of 2 Staff Finding: The property will not be permitted to develop any more Floor Area than permissible under this standard. F) The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and Jifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: Said deed restriction shall be a condition of approval. G) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shut[ execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording tile deed restriction with the Pitkin County Clerk and Recorder's Office. Staff Finding: Said closing shall be a condition of approval. H) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis Of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. Staff Finding: Adequate plans have been provided in the application. Exhibit A Revised 2/28/2008 C:\home\AMYG\CA S ES\TDR\627wmainExhibitA.doe Page 2 of 2 ORDINANCE NO. 2 (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING ONE (1) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATE FOR THE SENDING SITE OF 627 W. MAIN STREET, LOT B, BLOCK 25, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2735-124-48-010 WHEREAS, the Community Development Department received an application from Douglas Kelso, owner (hereinafter "the Applicant"), represented by Steev Wilson, Forum Phi, requesting the establishment of one (1) Historic Transferable Development Right Certificate for the property located at 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado; and, WHEREAS, the subject property is zoned MU (Mixed Use) and contains a single family home; and, WHEREAS, 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado is listed on the Aspen Inventory of Historic Sites and Structures; and, WHEREAS, in order to establish a Historic Transferable Development Right Certificate, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.535.070 which is as follows: 26.535.070, Review Criteria for the Establishment of Historic Transferable Development Right. A Historic TDR Certificate for 250 square feet of Floor Area may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finding all the following standards met: A) The Sending Site is a Historic Landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. B) It is demonstrated that the Sending Site has permitted unbuilt development rights,for either a single-family or duplex home, equaling or exceeding two- hundred andfifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certijicates requested. C) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity D) The analysis of unbuitt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives E) Any development order to develop Floor Area, beyond that remaining legally connected to tlte property after establishment of TDR Certificates, shall be considered null and void. F) The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a squarefootage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. G) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. H) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area; and WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed establishment of one (1) Historic Transferable Development Right; and, WHEREAS, the Aspen City Council has reviewed and considered the proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the request to establish one (1) Historic Transferable Development Rights meets the intent of the Aspen Historic Preservation Program and is consistent with the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1 The City Council finds that the application meets all required standards and eligibility as stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby establish one (1) Historic Transferable Development Right of 250 square feet of Floor Area to the sending site located at 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado with the following conditions: 1. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the Historic TDR Certificate shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the Historic TDR Certificate to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development rights of the Sending Site (627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado) by 250 square feet, together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereo f. Section 5: A public hearing on the ordinance will be held on the 1 0th day of March, 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1101 February, 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 1001 day of March, 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Applicant's Name: Douglas Kelso Date: 2/28/2008 Address: 627 W. Main Street Aspen,CO 81611 Purpose: Application for 1 Historic TDRs Contents: 1. Land use application 2. Written response to the criteria for establishing a Historic TDR 3. Affidavit and proposed deed restriction 4. Drawings and analyses Contacts Owner: Douglas Kelso 627 W. Main Street Aspen, CO 8 I 611 Phone: (970) 925-3349 Fax: (970) 920-7762 Owner's Agent: Forum Phi Steev Wilson 174 Midland Ave suite 201 Basalt, CO 81611 Phone: (970) 279-4157 Fax: (866) 770-5585 ATTACHMENT 2 -LAND USE APPLICATION PLICANT: me: Douglas Kelso cation 627 W. Main Street Aspen, CO 81611, Block 25 Lot B, city and townsite of Aspen (Indicate street address, lot & block number, legal description where appropriate) tel ID # (REQUIRED) 273512448010 :PRESENTATIVE: rne: Forum Phi dress: 103 Devon Court Basalt, CO 81611 one #: (970 279-4157 OJECT: me: Kelso Residence Idress: 627 W. Main Street Aspen, CO 81611 one #: (970) 925-3349 YPE OF APPLICATION: (please check all that apply): J Conditional Use El Conceptual PUD U Conceptual Historic Devt. 3 Special Review U Final PUD (& PUD Amendment) U Final Historic Development J Design Review Appeal El Conceptual SPA U Minor Historic Devt. 3 GMQS Allotment [J Final SPA (& SPA Amendment) C] Historic Demolition 3] GMQS Exemption D Subdivision U Historic Designation 2] ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes El Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split U Temporary Use Â® Other: Historic TDRs El Lot Line Adjustment U Text/Map Amendment 3XISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, ete.) Existing building is an 1918 square foot single family residence LOPOSAL: (description of proposed buildings, uses, modifications, etc.) We are requesting 1 Historic TDRs ve you attached the following? FEES DUE: $ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards plans that are larger than 8.5" x 11" must be folded and a iloppy disk with an electronic copy of all written t (Microsoft Word Format) must be submitted as part of the application. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Kelso Residence Applicant: Douglas Kelso Location: 627 W. Main Street Aspen, CO 81611 Zone District: MU Lot Size: 3000 Square feet Lot Area: 3000 Square feet (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: -0 Proposed: 0 Number of residential units: Existing: 1 Proposed: 1 Number o f bedrooms: Existing: 3 Proposed: 3 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 1918 sq. ft._Allowable: 2400 sq. ft._Proposed: 1918 Principal bldg. height: Existing: _N/C Allo-wable:_25 feet Proposed:_N/C Access. bldg. height: Existing: none Allowable: none Proposed: none On-Site parking: Existing: N/C Required: Proposed:_NIC % Site coverage: Existing: Required: =N/A Proposed: % Open Space: Existing: Required: =N/A Proposed: Front Setback: Existing:_N/C Required: 10_feet_Proposed:_N/C Rear Setback: Existing: _N/C Required: 5 -feet Proposed: _N/C Combined F/R: Existing:_N/C Required: Proposed: N/C Side Setback: Existing: _N/C-Required: 5 feet Proposed: _N/C Side Setback: Existing: _N/C Required: 5 feet Proposed:_N/C Combined Sides: Existing: _N/C Required: Proposed: =Nic Distance Between Existing: _N/A Required: 10 feet Proposed:_N/C Buildings Existing non-conformities or encroachments: House currently lies in a setback Variations requested: The following is a written response to the criteria for establishing a Historic Transferable Development Right. The criteria are show in 26.535.070 A-H. The written response requirement is show in 26.535.090 A6. The property referenced is 627 W. Main Street Aspen, CO 81611 owned by Douglas Kelso. A: The Sending Site is a Historic Landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Response: The sending site is zoned Mixed Use (MU) and pursuant to the land use code 26.710.180 B12 a single family residence is a permitted use. Per the City of Aspen zoning map the property lies within the main street historic district and this is a Historic Landmark. B: It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Response: Per the Mixed use zoning regulations specifically 26.710.180 Dl l A "For properties within the Main Street Historic District, this maximum cumulative FAR shall be 1:1". The lot size ofthe lot in question is 3000 square feet, thus the FAR is 2400 square feet. Since the present FAR is 1918 square feet per the included existing drawings there exist 250 square feet of unbuilt FAR. C: It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Response: Since the property is presently in compliance with FAR regulations and also will be in compliance with present regulations minus 250 square feet, there is no noncomformity created by this request. D: The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Response: The floor area analysis presented in item B of this response only considers the Mixed Use zoning. Thus the property will comply without any bonuses exemptions or other incentives. E: Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Response: This is hereby agreed by the owner. F: The proposed deed restriction permanently restricts the development ofthe property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Response: This is hereby agreed by the owner. G: A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Response: Such a real estate closing can be scheduled at the City's convenience and such title will be delivered to the Pitkin County Clerk at that time. H: It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. Response: This clause is agreed upon and appropriate drawings and analyses have been included with this response. IMPROVEMENT SURVEY W/TOPO LOT B, BLOCK 25 CITY AND TOWNSITE OF ASPEN -il- PITKIN COUNTY, COLORADO ~ 0 5 10 20 1' = 10' NOTES: t) LEGAL DESCRPDON: MAIN STREET LOT B, BLOCK 25. CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO. 100.00' GPS NO. g 2) aASIS OF- BEARING. ELEV-7901.25 A BEARING OF N 75'09'11~W BETWEEN A FOUND ALU. CAP BEING THE N,W. CORNER BLOCK 31 AND CITY MONUMENT BEING THE N.E. CORNER BLOCK 19 CORS * 3) TITLE INFORMATION WAS FURNISHED BY PIn<IN COUNTY 11TLE, CASE NO. PCT19795L r~ P DATED JUNE 15, 2005 FOR THE PREPARATION OF THIS SURVEY. k REBAR AND p: RPC LS# 25947 ~ s;;,~~9B.~ 20 4 CONTOUR INTERVAL IS TWO (2) FEET. ELEVATIONS BASED UPON CiTY OF ASPEN GPS 0) . MONUMENT NO. 9. 0 5) POSTED ADDRESS IS 627 WEST MAIN SREET *0 0 , 0 + PA110 P. 0, REBAR AND YPC 5.9 j 5 1â€ž--I k 1 LS# 16129 DIO- ELEV=7924.58 , 4 22.J D.lf D7Â» ; a H. TYP. DL81 r 1 , WOOD SHED ," SINGLE FAMILY / ' 0.9. ' RESIDENCE WALK ENCROACHMENT 6 / LEGEND (CA 7.4 2 Ir ~ 4 - ' G - INDICATES FOUND MONUMENT AS DESCRIBED. LOT A , 2 7/0 f~ LOT C VI ~ WATER METER ~ ELECTRIC TRANSFORMER 1 Mi -B WOOD FENCE LINE , 0/ M ELECTRIC METER , (31 1 ' XI GAS METER 09- (DECIOUOUS 9 INCH GAMETER TRUNK) 5.3Â· , DLS' (DRIP UNE 8 FEET) M CONC 22 3 PAno STONE WALL 0 & -7925- - - Ki~' /~ 2 LOT B 0 3000 SQ.FT.1 ~ 08. SURVEYOR'S CERTIFICATE Out 1 0 REBAR AND V l. MEHAEL P. LAFFIRTY. HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN YOC LS# 9154 &75./7- . .-. ELE/=7926.84 vy'~1*;4 IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPERVISION ON 07/2005 AND REVISED ON 07/2007 OF THE ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND VICINITY MAP 3000' DIMENSIONS OF ALL IMPROVEMENTS, EASEMENTS, RIGHTS-OF-WAY IN EVIDENCE OR KNOWN 1 1'9 1.7-*/ TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. ALLEY 9 1* 11 \ 4,4 Aili '1 REBAR AND BLOCK 25 1. - RPC LS# 25947 21 01' R.O. W. MICHAEL P. LAFFERTY PLS. # 37972 DATE rÂ·,mal - U 2 42>-- Â¥r-re 9Â« REVISED: 07/2007 Rocky Mountain Survey'nE. DATE SURVEYED: 07/2005 0 1/2 MILE 1 */P Centze< \ ..I:::=.- FILE NO: 05534 CLIENT: KELSO 0 1/2 KILOMETER 4133 cr,~~I *p,ing, rd. carbor,d.,lee' 81623 NOUCEÂ· According I .1/1,40 ]- you m=t cnrnmencÂ¥ -1, 185,1 ~ct- I. phon' 970 379- 1919 upon ... .fect . thi, iurve, .... .ree ye.n 'flayou ./. d,1...U ... .... fax 970-963-5873 / no event ray wy Bon b./ed Ip" 4 dific, in 6, *urwy be comme=od =Die email laf/.opris.net - =r. bum Ihâ‚¬ d,te of abc le,Â·etk:a~ 1hevo bc,= 100.00' '4991 100.00' S14Â°50'49"W EM WM FORUM PH_I L 1 103 DEVON CT, BASALT, 81621 . PHONE: 970.279.4157 FAX: 866.770.5585 k __ 4_L_j-1 IA-1- --- ---------------L~~ KELSO :' RESIDENCE 4/ " - --I ASPEN, COLORADO 81611 627 W MAIN ST. \57 11 : DOUGLAS KELSO ~ED CONSULTANTS C~) SURVEYOR ocky ountain Surveying 4133 Crystal Springs Rd. - Carbondate CO, 81623 P: 970-379-1919 F: 970-963-5873 [24 2 Nx GEOTECH #GEOTECH l---r - m ; 25.0 STRUCTURAL -X--t-x-1-X S CU L : >1 X N14Â°50'49"E MECHANICAL #M CHANiCAL INTERIOR DESIGNER CA EA CHITECT 66=&-IA CONTRACTOR #CONTRACTOR F.A.R. CALCULATION - EXISTING | 1918.16 ~ I - : ~- 5 I $j-1---I-i~-~ -1-Ii.lil-~ ALLOWABLE FAR (2,400 - 250 = 2,150) 2,150 SF - TOR 3/3/08 1 TDR REVrEW ALLOWABLE DECKS (15%) 360 SF MARK DATE~ 6-E~-CRIFTION- MAIN FLOOR AREA - EXISTING 1,287.22 SF PROJECT NO: 0608 UPPER FLOOR AREA Â· EXISTING ~ 630.94 SF tutguituttin-*1~-tlÂ¤=tgail**limtitttyttl-i[>1 - mt=umt=444*2 1*14111+Rttit#14*44*4144*#1 - - DRAWN BY: SMW TOTAL EXISTING FAR 1,918.16 SF ' COPYRIGHT Forum Phi LLC SHEET TITLE /07\ MAIN FLOOR < B ~ UPPER FLOOR 1~-a=6-64 I 8.4484-6i==4 SITE PLAN Elâ€žLLi60o9ZS . .2 58'-1 3/16' f 15'-2 118' 1'-3-4 e Er-7 , 2-2.' 9 11 11 7 * r--1 79 Â· N STAIR 4 49 . r 11.1 102 111. 4 PÂ»R MASTER BATH N U.L| MASTER CLST ~ PNTF.Y 108 Q 109 1 1 ----4 105 FORUM PHI a 7.41WIM 3 -. :--9 Lci- Â£4- - t=!1 - 103 DEVON CT, BASALT, 81621 11/4... k H r e 2-21/4' 2% 1/4' 10'-278 1Â·-111/2- 2--77 67-51/2 4' } 3-31/7 ~ 2'4Â· # W.3. - PHONE: 970.279.4157 FAX: 866.770.5585 6 3/4 ) . N~'~~/2"k '1 4 IM/ KELSO LIVING ROOM 6 101 B 4-- Ii' 0 KITCHEN DINING M R.ESIDENCE 103 106 51/2" 627 W MAIN ST. 1'-2 23'-2' 8-9 1/2- . 9'-11/16' .. 15 ASPEN, COLORADO 81611 ribi-6â€¢ f m" '~ DOUGLAS KELSO MASTER BEDROOM hi 33 f 107 CONSULTANTS CP N Rocky Mountain Surveying SURVEYOR L--1 ~ Carbondate CO, 81623 4133 Crystal Springs Rd. P: 970-379-1919 1 ~ 34' ~ r, 12'-2' I F: 970-963-5873 , 12'-2" 11'-13/16' 1 w 1 16'-1/2 GEOTECH #GEOTECH 58'-1 3/16" I k 1-2. STRUCTURAL #STRUCTURAL ~'~ MAIN FLOOR ~~ SCALE: 1/4" = 1'~. MECHANICAL O 2 4. B #MECHANICAL 33'-2 1/8" , INTERIOR DESIGNER #LANDSCAPE ARCHITECT 5 1/2. , 6 14'-3 1/8- 4, 4 14' 5 1/7,~, 24'-6, CONTRACTOR lili/ Illqp"BINI' 1__ â€¢ 1 11 '!' /a ' + , I ~~ ~~ ' / '|' / ' i '.11 1 Il 11 M 1 1 'Â·'Â·' I " I.!ii# ~~ 6 i :" i:::Ir M 11 #CONTRACTOR 4 i 4.3 . It#14'11"ir"21111'11"111,11'11,"11&mx,~1~~: N||' lf'' "' '"14'11'1||1/n' ' ''hlp' :11:' 5 2 , 1 1 , ~ ~ i~|B'' il~''i~H~,|~"M"â€ž~~~/'/ ' 1 11. 111 t, 1 11 Ill~e,iMâ€žIl'll,illâ€žIlâ€žITâ€žI,Il,".]I, ' M M "Il~ 1 '1 ' 1 I - BEDROOM #2 - 205 - 5 - BEDROOM #1 - 9 1 1/1,1/"Mill 201 : ROOF DECK 6 h Ill & E IF k. 1 207 6 - - STAIR -=9=4 - TOR 3/308 TDR REVIEW 203 'Nt MARK DATE DESCRIPTION Ize N - 9 4 tii>% 24 Y W *-_LI 11Â«/1 1\ /1 -&~..1 PROJECT NO: 0608 ly DRAWN BY: SMW =r-Â¥ W Y IL . COPYRIGHT Forum Phi LLC 1.r4Â£rÂ£~T ATH 11 IN CLST #1 SHEET TITLE 202 2 204 1 r , 6 1 11 1 '/ 1 M"Il,!I,Il,Ilnl " 11, 1,/10'N'"IR lul ~ u. Â· 7/R , p 11.1 11 4 11 ..:24:P~, % ili 1 gy 1 Il fil 'mll Il '"MII'l"51"""I,M,! " 1 I 11 : 11 W + Il 11 11 1 Irll 1 1 " Il 1~ m 11 11 11 11 1 N N 1 1 il ' 11''lili 6~Ii;ii<iiQi,,, 'iiMI'll 11 0 ~ 11 11 101 1 1,1111 N " 11 " 6 11 1 11 , 1111111111 1 lilli'/11/â€¢111,/1 '"11'1,1," " 11 N,~111'' ' 11'11~~" 1,11'P' 7 R..1.'.1 11 11 0.. 11 11 11 " 11 H 1 11.1 1 1 1 , 11., 1 ' 6 651/2. 13'-10 5/8- 2'-1 5/16' . ~ 3' ~ I,2'-1 5/16' 11'-17/8' 51/2Â· . A2.1 L. 9 9 I 1 19 33-21/8' 1 ('D uzzte.'152Â°5 1,-o- o r , PLANS 22-3 5/8- , 6'-41/2. : .T .&1 2-,9 T~-.ZT.0-2 T . 2 -.c ' '- 12/ L 9 10'-11~ , 8'-513/16' 1*-2' , , 3-6 , 6-15/8 12-5 9/16 E 9./6 01-,2~ .r,2 27-3 5/8' ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 627 KI. h/(AfA[ ST , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Mo NoAH HAKI{ Mi â‚¬ 5-: oofm , 100 (r STATE OF COLORADO ) County o f Pitkin ) I, AN TEL- A 92-0 2 EN - (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) o f the Aspen Land Use Code in the following manner: 1/~ Publication of notice: By the publication in the legal notice section of an official * paper or a paper of general circulation in the City ofAspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: 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 ]etters 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 , 200 , 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. (continued on next page) 1 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part o f 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. L- Signaturg/' C The foregoing "Affidavit ofNotice" was acknowledged before me this 25-day of FED , 200_,by AN 4 EDn Sc-c-,1,2.-,-1 PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL RE: 627 W. MAIN STREET, ESTABLISHMENT OF ONE (1) TRANSFERRABLE DEVELOPMENT RIGHT - PUBLIC HEARING 10 / NOTICE IS HEREBY GIVEN that a public My commission expires: (10 1 204-0-4 1 0< 0 4â€ž1 hearing will be held on Monday, March 10, 2008, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall. 130 S. Galena St. Aspen, to review an apptl- cation to establish one (1) transferable develop- 4%' fb c 9.4 Cl A/td,L ment right certificate tor the property located at 627 W. Main Street, Lot B, Block 25, City and Townsite Notary Pubft& 0 of Aspen. The applicant is Douglas Kelso, 627 W. Main Street, Aspen, CO 81611. For further information, contact Amy Guthrie at the '47?aL City of Aspen Community Development Dept., 130 S. Galena St. Aspen. CO (970) 429-2758,(or amyg@ci.aspen.co.us). s/Michael C. Ireland, Mayor ~ LAURA 6< 1 Aspen City Council ~ i MEYER / 8 Published in the Aspen Times Weekly on February 24,2008. (1187436) ATTACHMENTS: Â»4... ..,af 4 11 17Â·Â· - COPY OF THE PUBLICATION My Commissui Expires 08/10/2010 PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: (0 1.-1 W MAN 5-rEFEr- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: HAELA 10 , 2008 STATE OF COLORADO ) ) SS. County of Pitkin ) I, STEEV W1 L.SOAJ (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: L tTy 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. 5wl Posting ofnotice: 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 a* day of H AM-H , 200 8, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Soul 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) NA- 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 o f owners of real property in the area o f 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. -/AL* - Signature The foregoing "Affidavit o f Notice" was acknowledged before me this 2 0 day of Feb , 2002, by Stegv Wilsovi WITNESS MY HAND AND OFFICIAL SEAL ANNA CABRAL-MISHMASH NOTARY PUBLIC My commission expires: 6< 02 < lo STATE OF COLORADO (1, j j My Commission Expires 05/02/10 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PU~LIC NOTICE DATE: Monday, March 10, 2008 TIME: Meeting at 5:00 P.M. PLACE: Council Chambers, City Hall, 130 S. Galena St., Aspen PURPOSE: To revi ew an application to establish one (1) transferable development right certificate for the property located at 627 W. Main Street, Lot B, Block 25, City and Townsite of Aspen. FOR FURTHER INFORMATION CONTACT: THE CITY OF ASPEN PLANNING DEPARTMENT CO S GALENA ST,ASPEN CO /7l) 920-5090 62 ' 4Â· Ae~1. 1 6 - Â·'i#*~?' -~~1&29Â£!1!Za..m~ 11.3- - 4. * I 14 PUBLIC NOTICE .L k. Â· =21&1 ...4, DATE: March 10, 2008 n TIME: Meeting at 5:00 P.M. y ~ PLACE: Council Chambers, j City Hall, 130 S. Galena St., Aspen %227 046 PURPOSE: To review an application to establish one 319...4 1 transferable development 3 +A right certificate for the Â« property located at 627 W. Â·Â¥495' Â·Â· Main Street, Lot B, Block 25, 2 City and Townsite of Aspen. 2 *9 FO.'U.â„¢ER INFORMARON CONTACTE *~ 4 1 THE C:TÂ¥ OF Al.*N PUINNING DEPARTMENT ; Ill S -LENâ€¢ 11, ASPEN CO 97.j ..all. a . 00 1 0 I. 7.-I '' I . & 1 -11 92,1 - 1 1,1,4* -A/L,A 9 4. ..Â· 11 ' f 0 A i '\ K 2. I. -' , r"03Â»1 j :, 2.. . 44" 34 6- 1 1 1 F ili ... Â»e I . I 1, . ; ":9<irt-fl.Â¥4 ..4.J# r .,r~ t./EL -- " 14774- 1 ' *1 . P ..â‚¬4 Â·':rt 0 4 --1 1 - , PUBLIC NOTICE ~DATE; M.wch 10.2008 i i . < PLACE Council Cha,nbaim, Â·4 c'ly "01Â£ 130 s. Gale- st, 4 1 Aspen 6 PURPOSE: To re.,â€¢- an ' mrÂ· 1 appt,iation to e.,ah".h :m. .. - 3 1 1.amde,able diiâ€¢lopâ€¢,ent Â· & 7-694:--Â·p 'Â·-4 f:'*ib#ght ce,Â·#Ancat. foâ€¢ the 1 Â·43._Mty 10.1.tid at 627 44 C.leE â€¢t, '1 Mitn Slie.4 Lot 8. 81*ch 25 . Â· Â· 14 . .,1 914 -0 Tovirâ€¢*n, 01 A.pen L :4.0 : ..1 EEGE.*.i C. Â· 1/17~ r i i. .Et' i el!./ .*292. .,, f,r .<- â‚¬4.- 31 -t, T 4 4 - I-- *.5.-x:. 4 Â· lai h tÂ¢?4 - 0 /1 1. 1 4% I 't 17.*=fill.'Ir *L a .4- ... 3 + A k .44# j t, Y 44 / 20--1% e . t A *di . "DI~.1 2/ t E'litr:34 631 Ze#InSUC 77' lei,ed e- 5.3..:2-9- S:F,CS.E;:Â·.3- STARFORD PROPERTIES NV STIRLING WILLIAM SUBOTKY JULIE E 2/O KEON WILLIAM CO STIRLING HOMES INC 55 WEST 14TH ST #15L 550 BiLTMORE WY 9TH FL 600 E MAIN ST #102 NEW YORK, NY 10011 CORAL GABLES, FL 33134 ASPEN, CO 81611 SUTHERLAND ELIZABETH TAYLOR JOHN W THROM DOUGLAS H 719 W MAIN ST#202 31050 W THOMPSON LN 617 W MAIN ST ASPEN, CO 81611 HARTLAND, Wi 53029 ASPEN, CO 81611 TCMS CONDO LLC VIEIRA LINDA 50% INTEREST VANDERSCHUIT FAM TRUST C/O BRANDT FEIGENBAUM PC 5836 WAVERLY AVE HALL TERESA 50% INTEREST 132 MIDLAND AVE #4 605 W MAI N ST LA JOLLA, CA 92037 BASALT, CO 81621 ASPEN, CO 81611 WABISZEWSKI SUSAN 1/2 WASHBURN LYNN S WEiEN J ROBERT KENT MARY SUE 1/2 TERRELL SERENE-MARIE 709 W MAIN ST 728 W HOPKINS AVE 605 W HOPKINS AVE #205 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-1607 WENDT ROBERT E 11 WERLIN LAURA B TRUST WEST ALFRED P JR& LORALEE S 350 MT HOLYOKE AVE 2279 PINE ST 58416475 METAVANTE WAY PACIFIC PAUSADES, CA 90272 SAN FRANCISCO, CA 94115 SIOUX FALLS, SD 57186 WESTCHESTER INVESTMENTS INC WHITFIELD DONNAMARIE C WHITMAN RANDALL A C/O FINSER CORP 732 W HOPKINS AVE #A3 4845 HAMMOCK LAKE DR 550 BILTMORE WAY SUITE 900 ASPEN, CO 81611 CORAL GABLES, FL 33156 CORAL GABLES, FL 33134-5779 WHITNEY KURT A & JACQUELINE WINGSTONE TOY COMPANY LLC WOLF BRADLEY R PO BOX 5950 12 GREENBRIAR LN 3358 iRELAND RD SNOWMASS VILLAGE, CO 81615-5950 PAOLI, PA 19301 MORROW, OH 45152 YAW LOREN FLETCHER YOUNG DONALD L YULE BRADLEY A ALEXANDER VALERIE 617 W MAIN ST 130 S 7TH ST #62 PC BOX 2629 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 0~ -i , 3.inteed lead ASE 3 0:t Ii,4.--I leded Paa:; T (NIF-3 Â®0915 3.Lvl.-~I.-*Â·iP...F.'1Â·:, 9 4:.p 14Â»'-2-1 :-Bet-'3 <tO'JOi~;193! 8315' R,airms ~ - 2.,333 'Avi#l 1 44% el,ir Â·;Â· 13,Â· '~''~ A. **451 0 zew-!SUC -- .. MOUNTAIN RESCUE ASPEN INC NELSON TREVOR T & ROSE MARIE NEVINS WENDY S 630 W MAIN ST 605 \Ai' HOPKINS #207 736 W HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 OHARROW SIOBHAN P OLSEN MARSHALL G & SUSAN A ONEIL BRIAN & SUZANNE 605 W HOPKINS AVE #208 705 W MAIN ST PO BOX 199 4, CO 81611 ASPEN, CO 81611 TAVERNIER, FL 33070 PATERSON CHARLES & FONDA PATRiCK KEVIN PEARSON MARK M & LEES M 1104 E WATERS AVE 730 E DURANT AVE #200 702 W MAIN ST ASPEN. CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PETERS DAWN REED BRENT HAMPTON 50% PERRY EMILY V LAMPING RICHARD BLANCHARD NATALIE M 50% PO ECX 11071 126 S SEVENTH ST 100 N 8TH ST ASPEN. CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 REID BETSY M 2007 QPR TRUST REID DAVID MAST REID SUZANNAH V K C/O MURTHA CULLINA LLP 23 WAVERLY PL #2U PO BOX 10443 PC BOX 704 NEW YORK CITY, NY 10003 ASPEN, CO 81612 NEW HAVEN, CT 06503 RENO ASPEN PROPERTIES LLC REVA LLC RODRIGUEZ JOANN 605 W MAIN ST #002 PO BOX 1376 605 W MAIN ST #00A ASPEN: CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 ROJAK JOHN ROLAND DANIEL P & LEAH S RUSSO NICK A 25 CiMARRON RD 605 W HOPKINS AVE #102 PO BOX 4743 PUTNUM VALLEY, NY 10579 ASPEN. CO 81611 ASPEN, CO 81612 SANDERS FAMILY TRUST 1997 SCHALL FAMILY TRUST 8/31/1998 SCHARER JAY REC TRUST O/0 SANDERS BARBARA 18518 ST MORITZ DR 215 ZOE WAY 634 W MAIN ST APT 8 TARZANA, CA 91356 MIAMI BEACH, FL 33140 ASPEN, CO 81611 SHADOW MTN CORP SCHRAIBMAN CATHY SHADOW MOUNTAIN OFFICES LLC C/O FINSER CORP PO BOX 4813 715 W MAIN ST #201 ASPEN, CO 81612 ASPEN, CO 81611 550 BILTMORE WAX SUITE 900 CORAL GABLES, FL 33134-5779 SHOEMAKER E SLOAN & ELIZABETH SILVERLODE INVESTORS LLC SMITH CHRISTOPHER H EVANS 715 W MAIN ST #201 715 W MAIN #201 78 FERGUSON DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE. CO 81623 r'Slk .7-7. P C .v, A ). 3 -22 jit/41 9%2 j ,6 ,-Ca T pirimeed ieÂ·.d A523 '..Â·1; ak. Br .430.Ect DEÂ·32 ; 1Â£4 '-3. Â®07 i s .6.1. U 8 i .i~: A i :4 -M# Â· 142Â£30 50}1.Or,13.52.1, 24 ~, 272~,Epy , 3. 2 k , 4 -1 301 WEST MAIN LLC 604 WEST LLC 612 WEST LLC 532 E HOPKINS AVE 604 W MAI N ST 604 W MAIN ST A.SPErv. CO 81611-1818 ASPEN, CO 81611 ASPEN, CO 81611 P . 1 , 715 W MAIN LLC ALLEN DOUGLAS P '3 .. 4,0.tiv LLU 403 LACET LN 227 CODY LN 715 W MAIN ST #101 EASALT EC) 81621 ASPEN, CO 81611 ASPEN, CO 81611 ANA.YA JOSE ANTONIO ANDERSON USA JO ANGELOV DIMTAR S & DANIEL C 6-1-Â¢.uln= 1 +1 bLANCA EDITH PO BOX 172 605 W HOPKINS AVE #209 805 \V HOPKINS AVE #103 ASPEN, CO 81612 ASPEN, CO 81611 ASDEN, CO 81611 LEDENÂ· FSP ABR LLC ASPEN MAIN ST LLC ASPEN/PITKIN COUNTY HOUSING AUTHORITY 7921 =REECIOM DR #950 715 W MAIN ST #201 530 E MAIN ST #001 RESTON. VA 20190 ASPEN, CO 81611 ASPEN, CO 81611 BAEB =AURIE JANE BARBER EDGAR F BERR LLC - 611 W MAIN ST 30,5 2 cL MAR. HEIGHTS RD #352 PO BOX 9678 S.AN DIEGO, CA 92130 ASPEN, CO 81612 ASPEN, CO 81611 BODURTHA SUSAN M BRIDGE WILLIAM & JOSEFINA BRINKMEYER THOMAS K 71 9 VÂ·/ MAIN ST#206 300 BRANNAN ST #400 719 W MAIN ST #200 -SPEN. 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NY 13440 MAEWEST LLC LYLE ALEXANDER T MADSEN MARTHA W ATTN: DOROTHY A SHARP 719 W MA!N ST #204 608 W HOPKINS AVE APT 9 706 WEST MAIN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MAHONY KAITILIN MARSHALL ALISON J & JOSHUA W MARSHALL ELLEN M & THOMAS M 170 W 74TH ST #809 605 W HOPKINS AVE #212 300 RIVERSIDE AVE NEW YORK, NY 10023 ASPEN, CO 81611 ASPEN, CO 81611 MAWICKE FREDERICK H MCFARLAND SHAYN D MENENDEZ LUiS A & NASRIN 719 W MAIN #205 PO BOX 3811 PO BOX 8036 ASPEN CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 MEYER LAURA MEYER MARY ANNE MOLLER DIANE T 134 S TTH ST PO BOX 11238 4032 CRYSTAL BRIDGE DR ASPEN: CO 81611 ASPEN: CO 81612 CARBONDALE, CO 81623 . tdÂ· -VA.Â¥ 1 Â« ki.i i i =-12.=70 !00.,3 43,Clli.,p -&.ms: 18.:Â·L:2..1 .,.:.~0-:5~ ~:~,~w Â® )9 i i : c.r #. eu 4...,: Â·'Â·'Â· Â·''I ...0 1 ..,4- 6.' 0,.I--A.~. 7, Nt t-I'll 7 ' '- ,_M.li (3 r 10 Â· a. , DUNSDON S MICHAELE ZECH NOAH DART ELIZABETH ROD\NELL BORKENHAGEN DAViD A O BOX 12086 633 W MAIN ST ACCEN, CO 81612 ASPEN, CC 81611 617 W MAIN ST #D ASPEN. 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CO 81611 HAISFi ELD MICHAEL DOUGLAS H & H PROPERTIES LLLP HALPERIN ALEXANDRA & BARBARA HAISFIELD LISA YERKE 807 W MORSE BLVD STE 101 52 LARKSPUR DR 616 W HOPKINS \WINTER PARK. FL 32789-3725 CARBONDALE, CO 81623 ASPEN, CO 81611 HAMLIN CONNIE E HAYES MARY FAMILY PTNSP LTD HAYMAN JULES ALAN 719 W MAIN ST #207 PO BOX 497 9238 POTOMAC SCHOOL DR ASPEN, CO 81611 ASPEN, CO 81612 POTOMAC, MD 20854 HISPATEL CORP HERNANDEZ LORENE & CECIL M HERRICK DARBY C/O FINSER CORP B KEON PO BOX 1045 724 W HOPKINS ST 550 BILTMORE WY ASPEN, CO 81612 ASPEN, CO 80611 CORAL GABLES, FL 33134 HUNTINGTON TRUST CO NA TRUSTEE IGLEHART JIM IGLEHART JIM C/O COATES REID & WALDRON 610 W HALLAM ST 617 W MAI N ST 72C E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 3' 2.21-,13433 teed Asâ‚¬3.14 .2.mseg...... J.:j:=: ~:41E:1 I:'Â·3--1 nl:C; i.C r ..t, t -31' i ....... -0 (.3 . PUBLIC NOTICE RE: 627 W. MAIN STREET, ESTABLISHMENT OF ONE (1) TRANSFERRABLE DEVELOPMENT RIGHT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, March 10, 2008 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to review an application to establish one (1) transferable development right certificate for the property located at 627 W. Main Street, Lot B, Block 25, City and Townsite of Aspen. The applicant is Douglas Kelso, 627 W. Main Street, Aspen, CO 81611. For further information, contact Amy Guthrie at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, CO (970) 429-2758, (or amyg@ci.aspen.co.us). s/Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on February 24,2008 City of Aspen Account vs; a. MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Amy Guthrie, Historic Preservation Officer 1'~~ THRU: Chris Bendon, Community Development Director ~~WM DATE: February 11,2008 RE: 627 W. Main Street, Establishment of One (1) Transferable Development Right, First Reading of Ordinance #24 Series of 2008 (Parcel 2735-124-48-010) Second Reading scheduled for March 10,2008. REQUEST OF COUNCIL: The applicant requests City Council approve the establishment of one 250 square feet Transferable Development Right certificate (TDR). - 627 W. Main - - 4-- 1 1 1 ph I I ' tÂ¥ , Ll/ I k 3 13 1 Ld- k-1 f f -,t r -"7 1 r --.---. 2 --4 7 1 1---\1227--1-J 1 1 *' ' ell.i 6 + i i 1 '1 /.-U_ - i % 1 t Â« r *< --lu ; / 4 9% , 33. : 4% E . 95 --- 1 1 } .234=* 1 APPLICANT: Douglas Kelso, owner, represented by Steev Wilson, Forum Phi. LOCATION: 627 W. Main Street, Lot B, Block 25, City and Townsite ofAspen. BACKGROUND: The subject property is a 3,000 square foot lot that is located at the far west end of Main Street, within the historic district. A Victorian era home, still in use as a residence, sits on the lot. The owner would like to sell some unused FAR as one TDR. A modest expansion will be proposed to the HPC in the near future. Revised 2/4/2008 C:\home\AMYG\CASES\TDR\627wmainfirstreading.doc Page 1 of 2 \ DISCUSSION: The purpose of a TDR is to encourage the preservation of Historic Landmarks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be developed on a different and non-historic property within the City of Aspen. Each TDR is equal to 250 square feet of Floor Area. The TDR program enables standard market forces, and the demand for floor area and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. Funds that are gained from the sale of TDRs may be invested back into the landmark. Floor Area Analysis for 627 W. Main: Total allowable floor area fur 3,000 square foot lot with existing single family home in 2,400 square feet the Mixed Use zone district Sever 1 TDR certificate at 250 square feet (2,400 - 250) = 2,150 square feet allowable floor area on the site after severing TDR Existing floor area on 627 W. Main 2,004 square feet Balance remaining for future expansions (2,150 - 2,004) = 146 square feet RECOMMENDED ACTION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria to Establish one Transferable Development Right and finds that TDRs are a good tool for preserving a historic resource by reducing development pressure. Staff recommends approval of the TDR certificate. PROPOSED MOTION: "I move to approve Ordinance # 1 Series of 2008 upon First Reading, and to schedule Second Reading for March 10,2008." CITY MANAGER COMMENTS: ATTACHMENTS: A - Review Criteria. B - Summary of Aspen Historic Preservation Benefits. C - Application. Revised 2/4/2008 C:\home\AM YG\CAS ES\TDR\627wmainfirstreading.doc Page 2 of 2 , Exhibit A Section 26.535.070 REVIEW CRITERIA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHT. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: a) The Sending Site is a Historic Landmark on which the development of a single- family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding: The proposed 3,000 square foot sending site is located within the Mixed Use zone district, which allows residential single-family use. The sending site is a designated Historic Landmark, listed on the Aspen Inventory of Historic Landmark Sites and Structures. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding: The subject property has a total allowable FAR of 2,400 square feet. A total of 396 square feet of floor area remains unbuilt on the site. The property is eligible to establish one (1) Historic TDR Certificate, worth 250 square feet. It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding: The establishment of one TDR will not increase or create a non-conformity. c) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding: The existing structure includes 2,004 square feet of floor area out of an allowable floor area of 2,400 square feet. The unbuilt floor area existing on the site is 396 square feet. There are currently no other approved plans in place that would decrease available FAR. d) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Exhibit A Revised 2/4/2008 C:\home\AM YG\CA SES\TDR\627wmainExhibitA.doc Page 1 of 2 Staff Finding: The property will not be permitted to develop any more Floor Area than permissible under this standard. e) The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. Tile deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: Said deed restriction shall be a condition of approval. D A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Staff Finding: Said closing shall be a condition of approval. g) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. Staff Finding: Adequate plans have been provided in the application. Exhibit A Revised 2/4/2008 C:\home\AMYG\C AS ES\TDR\627wmainExhibitA.doc Page 2 of 2 ORDINANCE NO. ~---r (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING ONE (1) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATE FOR THE SENDING SITE OF 627 W. MAIN STREET, LOT B, BLOCK 25, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2735-124-48-010 WHEREAS, the Community Development Department received an application from Douglas Kelso, owner (hereinafter "the Applicant"), represented by Steev Wilson, Forum Phi, requesting the establishment of one (1) Historic Transferable Development Right Certificate for the property located at 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado; and, WHEREAS, the subject property is zoned MU (Mixed Use) and contains a single family home; and, WHEREAS, 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado is listed on the Aspen Inventory of Historic Sites and Structures; and, WHEREAS, in order to establish a Historic Transferable Development Right Certificate, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.535.070 which is as follows: 26.535.070, Review Criteria for the Establishment of Historic Transferable Development Right. A Historic TDR Certificate for 250 square feet of Floor Area may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finding all the following standards met: a) The Sending Site is a Historic Landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. b) It is demonstrated that the Sending Site has permitted unbuilt development rights,for either a single-family or duplex home, equaling or exceeding two- hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity Ordinance No. 42, Series 2007 Revised 2/4/2008 C:\home\AMYG\CASES\TDR\627wmainordinance.doc Page 1 of 4 d) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. D The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and jifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. g) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. h) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area; and WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed establishment of one (1) Historic Transferable Development Right; and, WHEREAS, the Aspen City Council has reviewed and considered the proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the request to establish one (1) Historic Transferable Development Rights meets the intent of the Aspen Historic Preservation Program and is consistent with the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No. 42, Series 2007 Revised 2/4/2008 C:\home\AMYG\CASES\TDR\627wmainordinance.doc Page 2 0 f 4 Section 1 The City Council finds that the application meets all required standards and eligibility as stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby establish one (1) Historic Transferable Development Right of 250 square feet of Floor Area to the sending site located at 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado with the following conditions: 1. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the Historic TDR Certificate shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the Historic TDR Certificate to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development right of the Sending Site (627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado) by 250 square feet together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance will be held on the 10th day of March, 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7: This ordinance shall become effective thirty (30) days following final passage. Ordinance No. 42, Series 2007 Revised 2/4/2008 C:\home\AMYG\CASES\TDR\627wmainordinance.doc Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council o f the City o f Aspen on the 11 th February, 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 10th day of March, 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Ordinance No. 42, Series 2007 Revised 2/4/2008 C:\home\AMYG\CASES\TDR\627wmainordinance.doc Page 4 of 4 ATTACHMENT 2 -LAND USE APPLICATION APPI.ICANT: Name: Douglas Kelso Location: 627 W. Main Street Aspen. CO 81611, Block 25 Lot B city and townsite of Aspen (Indicate street address. lot & block number legal description where appropriate) Parcel ID # (REQUIRED) 273512448010 REPRESENTATIVE: Name: Forum Phi Address: 103 Devon Court Basalt. CO 81611 Phone #: (970 279-4157 PROJECT: Name: Kelso Residence Address: 627 W. Main Street Aspen. CO 8 1 611 Phone #: (970) 925-3349 TÂ¥PE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) C Final Historic Development Design Review Appeal 1 Conceptual SPA U Minor Historic Devt. GMOS Allotment U Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption C Subdivision U Historic Designation ESA - 8040 Greenline. Stream [3 Slibdivision Exeniption (liiclu(les E Small Lodge Conversion/ Margin. Hallam Lake Bluff. condominiumization) Expansion Mountain View Plane El Lot Split El Temporary Use Â® Other: Historic TDRs Ed Lot Line Adjustment 23 Text/Map Amendment EXISTING CONDITIONS: (description ofexisting buildings. uses, previous approvals, etc.) Existing building is an 2004 square foot single family residence PROPOSAL: (description of proposed buildings, uses. modifications, etc.) We are requesting,2~Tistoric TDRs Hike you attached the following? FEES DLIE: $ 705.00 la, Pre-Application Conference Summary U Attachment #1 , Signed Fee Agreement 8 Response to Attachment #3, Dimensional Requirements Form El Response to Attachment #4. Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy ofall written text (Microsoft Word Format) must be submitted as part of the application. m El El El El El iNA ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Kelso Residence Applicant: Douglas Kelso Location: 627 W. Main Street Aspen. CO 81611 Zone District: MU Lot Size: 3000 Square feet Lot Area: 3000 Square feet (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 iii the Municipal Code.) Commercial net leasable: Existing:-0 Proposed: 0 Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: 3____Proposed: 3 Proposed % of demolition (Historic properties only): DIMENSIONS: 000 Floor Area: Existing:2004 sq. ft._Allowable:30000-sq. 12._Proposed:2004 Principal bldg. height: Existing:-N/C Allowable: _25 jk?et___Proposed: _N/C Access. bldg. height: Existing:___none_Allowable:__none Proposed:_none_ On-Site parking: Existing. N/C Required: Proposed:_N/C' % Site coverage: Existing: Required: _N/A Proposed: % Open Space: Existing. Required: _N/A Proposed: Front Setback. Existing:_N/C___Required: 10 jeet_Proposed: _N/(2' Rear Setback: Existing:_N/C___Required: 5_Jeet__Proposed: _N/C___ Combined F/R: Existing:_N/C__Required: Proposed: _N/C __ Side Setback: Existing: IN/C___Required: -5 feet___Proposed: _N/C Side Setback: Existing:__N/C___Required: __5 feet Proposed:_N/C Combined Sides. Existing:_N/C___Required: P rqx*ed: _N/C Distance Between Existing: _N/A Required: 10.feet-Proposed:_N/C- Buildings Existing non-conformities or encroachments:_House currently lies in a setback Variations requested: The following is a written response to the criteria for establishing a Historic Transferable Development Right. The criteria are show in 26.535.070 A-H. The written response requirement is show iii 26.535.090 A6. The property referenced is 627 W. Main Street Aspen, CO 8161 I owned by Douglas Kelso. A: The Sending Site is a Historic Landmark on which the development of a single-family or duplex residence is a permitted use. pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Response: The sending site is zoned Mixed Use (MU) and pursuant to the land use code 26.710.1 80 B 12 a single family residence is a permitted use. Per the City of Aspen zoning map the property lies within the main street historic district and this is a Historic Landmark. B: It is demonstrated that the Sending Site has permitted unbuilt development rights, for eitlier a single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Response: Per the Mixed use zoning regulations specitically 26.710.180 Dl l A "For properties within the Main Street Historic District. this maximum cumulative FAR shall be 1: 1 ". The lot size ofthe lot in question is 3000 square feet, thus the FAR is 3000 square feet. Since the present FAR is 2004 per the influded existing drawings there exist 250 square feet of unbuilti:AR. 6PFU,Â¢100 ; 11)*1 1-,u<44 P/642. 69 2.,400 01~0-Â£%4â‚¬~, C: It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Response: Since the property is presently in compliance with FAR regulations and also will be in compliance with present regulations minus 250 square feet, there is no noncomformity. D: The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning, and shall not include the potential ofthe Sending Site to gain Floor Area bonuses. exemptions, or similar potential development incentives. Response: The floor area analysis presented in item B of this response only considers the Mixed Use zoning. Thus the property will comply without any bonuses exemptions or other incentives. E: Any development order to develop Floor Area, beyond that remaining legally connected to the property after establ ishment of 1 DR Certificates, shal l be considered null and void. Response: This is hereby agreed by the owner. F: The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area. as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form ofthe deed restriction shall be acceptable to the City Attorney. Response: This is hereby agreed by the owner. G: A real estate closing has been scheduled at which, upon satisfaction ofall relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorders Office. Response: Such a real estate closing can be scheduled at the City's convenience and such title will be delivered to the Pitkin County Clerk at that time. H: It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. Response: This clause is agreed upon and appropriate drawings and analyses have been included with this response. AFFIDAVIT OF DOUGLAS P. KELSO STATE OF COLORADO ) )SS COUNTY OF PITKIN ) COMES NOW THE AFFIANT, Douglas P. Kelso, being first duly sworn and states and avers as follows: A. A deed restriction in the form attached hereto as Exhibit A will permanently encumber the Sending Site (Lot B, Block 25, City and Townsite of Aspen) and restrict that property's development rights to below that allowed by right by zoning according to the number of Historic TDR Certificate established from that Sending Site. B. For each certificate of development right issued by the City for this particular Sending Site, that property shall be allowed two-hundred and fifty (250) square feet less of Floor Area, as permitted according to the property's zoning. as amended. C. The Sending Site property owner shall have no authority over the manner in which the certificate of development right is used by subsequent owners of the Historic TDR Certificate. FURTHER AFFIANT SAYETH NOT. Douglas P. Kelso Subscribed and sworn to before me by Douglas P. Kelso this 11 day of tÂ»*13 2007. ~ 33Â©Nfen fl A- . LLUTE. or .- 7 1 COLORADU-]1 Notah.<Public ( ommission Expires 11/27/2010 EXHIBIT DEED RESTRICTION AND AGREEMENT FOR ESTABLISHMENT OF TWO (2) HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS PURSUANT TO ASPEN CITY COUNCIL ORDINANCE # , SERIES OF 2007 THIS DEED RESTRICITON AND AGREEMENT is made and entered into this day of , 2007, by Douglas P. Kelso, (hereinafter referred to as "Owner"), whose address is , Aspen, CO 81612, located in the City of Aspen, State of Colorado, and The City of Aspen, a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (hereinafter the "City"); WITNESSETH WHEREAS, Owner owns real property more specifically described Lot B, Block 25, City and Townsite of Aspen; Parcel ID 1 73 5 l2 99 2 0/0, Pitkin County, Colorado, also known as , Aspen, (hereinafter referred to as "Real Property"), which Real Property is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with Section 26.535.040 of the City Code, and supplied the necessary application materials identified in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the City Code; and WHEREAS, The Community Development Department has reviewed Ownerfs application according to the review standards identified in 26.535.060 of the City Code, and has recommended approval of the application and the establishment of two (2) Historic TDR Certificates as set forth herein; and WHEREAS, City Ordinance No._, Series of 2007 dated , 2007 (the "Ordinance"), approves the establishment of the above referenced Historic TDR Certificates, and requires that a Deed Restriction be recorded in real property records of Pitkin County, designating the Real Property as a Sending Site and permanently restricting the development of the Real Property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-fumily residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established; and WHEREAS, in consideration of the establishment of two Historic TDR Certificates pursuant to the Ordinance and City Code, Owner agrees to restrict the Real Property as set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, Owner and the City hereby covenant and agree as follows: 1 1. Development of the Real Property (the Sending Site) is hereby permanently restricted to an allowable Floor Area not exceeding the allowance for a single-family residence as otherwise permitted by the City Code on the Real Property, minus five hundred (500) square feet, that being two hundred fifty (250) square feet of Floor Area multiplied by the two Historic TDR Certificates hereby established. 2. In consideration of the foregoing, and pursuant to the City Code and the Ordinance, the City shall cause the issuance of two (2) Historic TDR Certificates, executed by the Mayor, each allowing the development of an additional two hundred fifty (250) square feet of Floor Area on a Receiver Site to be determined pursuant to the City Code. These Historic TDR Certificates may be sold, assigned, transferred, or conveyed. Transfer of title shall be evidenced by an assignment of ownership on the actual certificate document. Upon transfer, the new owner may request the City re-issue the certificate acknowledging the new owner. Reissuance shall not require adoption of a new ordinance. The market for such Historic TDR Certificates shall remain unrestricted and the City shall not prescribe or guarantee the monetary value of any Historic TDR Certificates. 3. This deed restriction shall not be construed to stipulate an absolute Floor Area on the Real Property, but only a square footage reduction from the allowable Floor Area, as that allowable Floor Area may be amended from time to time. 4. The Real Property (Sending Site) shall remain eligible for Floor Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 5. This restriction may be modified only in a writing signed by both the Owner and the City. 6. Unless modified as stated above, this Agreement shall constitute a covenant running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this instrument on the date and year above first written. OWNER: By: Douglas P. Kelso STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Douglas P. Kelso. 2 Witness my hand and official seal. My commission expires: Notary Public APPROVAL OF CITY ATTORNEY By: John P. Worcester, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home-Rule Charter and the Constitution o f the State o f Colorado By: Date: Michael Ireland STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Michael Ireland, as Mayor of the City of Aspen. Witness my hand and official seal. My commission expires: Notary Public 3 Applicant's Name: Douglas Kelso Date: 2/28/2008 Address: 627 W. Main Street Aspen,CO 81611 Purpose: Application for 1 Historic TDRs Contents: 1. Land use application 2. Written response to the criteria for establishing a Historic TDR 3. Affidavit and proposed deed restriction 4. Drawings and analyses Contacts Owner: Douglas Kelso 627 W. Main Street Aspen, CO 81611 Phone: (970) 925-3349 Fax: (970) 920-7762 Owner's Agent: Forum Phi Steev Wilson 174 Midland Ave suite 201 Basalt, CO 81611 Phone: (970) 279-4157 Fax: (866) 770-5585 ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: Douglas Kelso 1..ocation: 627 W. Main Street Aspen, CO 81611, Block 25 Lot B, city and townsite ofAspen (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512448010 REPRESENTATIVE: Name: Forum Phi Address: 103 Devon Court Basalt, CO 81611 Phone #: (970 279-4157 PROJECT: Name: Kelso Residence Address: 627 W. Main Street Aspen, CO 81611 Phone #: (970) 925-3349 TYPE OF APPLICATION: (please check all that apply): U Conditional Use U Conceptual PUD Ed Conceptual Historic Devt. U Special Review Ed Final PUD (& PUD Amendment) U Final Historic Development U Design Review Appeal U Conceptual SPA E Minor Historic Devt. El GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition 01 GMQS Exemption U Subdivision El Historic Designation ~1 ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use Â® Other: Historic TDRs U Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing building is an 1918 square foot single family residence PROPOSAL: (description of proposed buildings, uses, modifications, etc.) We are requesting 1 Historic TDRs Have you attached the following? FEES DUE: $ Â® Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement Â® Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Kelso Residence Applicant: Douglas Kelso Location: 627 W. Main Street Aspen, CO 81611 Zone District: MU Lot Size: 3000 Square feet Lot Area: 3000 Square feet (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:-0 Proposed: 0 Number of residential units: Existing 1 Proposed: 1 Number of bedrooms: Existing: 3 Proposed: 3 Proposed % of demolition (Historic properties only): DIMENSIONS: . Floor Area: Existing: 1918 sq. ft._Allowable: 2400 sq. ft._Proposed: 1918 Principal bldg. height: Existing: _N/C Allowable:_25 feet Proposed:_N/C Access. bldg. height: Existing: none Allowable: none Proposed: none On-Site parking: Existing: _N/C Required: Proposed: N/C % Site coverage: Existing: Required: __N/A Proposed. % Open Space: Existing: Required: _N/A Proposed: Front Setback: Existing:_N/C Required: 10_feet_Proposed:_N/C Rear Setback: Existing:__N/C Required: 5_feet Proposed:_N/C Combined F/R: Existing:_N/C Required: Proposed: 34/C Side Setback: Existing: _N/C Required: 5 feet Proposed: _/C Side Setback: Existing: _N/C Required: 5 feet Proposed: N/C Combined Sides: Existing: _N/C Required: Proposed: __N/C Distance Between Existing: =N/A Required: 10 feet Proposed: _N/C Buildings Existing non-conformities or encroachments: House currently lies in a setback Variations requested: The following is a written response to the criteria for establishing a Historic Transferable Development Right. The criteria are show in 26.535.070 A-H. The written response requirement is show in 26.535.090 A6. The property referenced is 627 W. Main Street Aspen, CO 81611 owned by Douglas Kelso. A: The Sending Site is a Historic Landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Response: The sending site is zoned Mixed Use (MU) and pursuant to the land use code 26.710.180 B12 a single family residence is a permitted use. Per the City of Aspen zoning map the property lies within the main street historic district and this is a Historic Landmark. B: It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Response: Per the Mixed use zoning regulations specifically 26.710.180 Dl l A "For properties within the Main Street Historic District, this maximum cumulative FAR shall be 1:1". The lot size ofthe lot in question is 3000 square feet, thus the FAR is 2400 square feet. Since the present FAR is 1918 square feet per the included existing drawings there exist 250 square feet of unbuilt FAR. C: It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Response: Since the properly is presently in compliance with FAR regulations and also will be in compliance with present regulations minus 250 square feet, there is no noncomformity created by this request. D: The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Response: The floor area analysis presented in item B of this response only considers the Mixed Use zoning. Thus the property will comply without any bonuses exemptions or other incentives. E: Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Response: This is hereby agreed by the owner. F: The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form ofthe deed restriction shall be acceptable to the City Attorney. Response: This is hereby agreed by the owner. G: A real estate closing has been scheduled at which, upon satisfaction ofall relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Response: Such a real estate closing can be scheduled at the City's convenience and such title will be delivered to the Pitkin County Clerk at that time. 11: It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. Response: This clause is agreed upon and appropriate drawings and analyses have been included with this response. IMPROVEMENT SURVEY W/TOPO LOT B, BLOCK 25 CITY AND TOWNSITE OF ASPEN * PITKIN COUNTY, COLORADO ~ 0 5 10 20 1' = 10' NOTES: 1) LEGAL DESCRIPnON: MAIN STREET LOT 8, BLOCK 25, CITY AND TOWNSITE OF ASPEN. 100.00' 8.0.* GPS NO 9 2) BASIS OF BEARING: COUNTY OF PITKIN. STATE OF COLORADO. ELEV-7901.25 A BEARING OF N 75Â·09'11'w BETWEEN A FOUND ALU. CAP BEING THE N.W. CORNER BLOCK 31 AND CITY MONUMENT BEING THE N.E. CORNER BLOCK 19. CORS 3) TITLE INFORMAION WAS FURNISHED BY PITKIN COUNTY n TLE, CASE NO. PCTig,95l. â€¢Ew DATED JUNE 15. 2005 FOR THE PREPARATION OF THIS SURVEY. 2 72 REBAR AND Â· 4) CONTOUR INTERVAL IS TWO (2) FEET. ELEVATONS BASED UPON CITY OF ASPEN GPS Wth g ~ MONUMENT NO. 9. RPC LS# 25947 ~ S75'09'11'E 5) POSTED ADDRESS IS 627 WEST MAIN STREEL ~STONE 30. 0, PO RE8AR AND YPC *PAnO w l 3 Lf - 1 05Â· IN,0 LS# 16129 ELEV- 7924.58 22.3 -P 07. i O.H. TYP. DL87 1 /6 , WOOD + SHED / SINGLE FAMILY ~ ' 0.9 RESIDENCE WALK ENCROACHIENT LEGEND X 14 O 1 1.4 - F LOT A ~ /~ ~ Â® - INDICATES FOUND MONUMENT AS DESCRIBED. / 2 3 l J VM M LOT C ~4 WATER METER ~ ELECTRIC TRANSFORMER / txl ELECTRIC METER .*--he--* WOOD FENCE LINE , 0/ 1 1 [><1 GAS METER 09- (DECIDUOUS 9 INCH DIAMETER TRUNK) 5.3' / / Dle' (DRIP UNE 8 FEED 22 3 M CONC.. D 40 -792~X -0 & DL5' ~ 2 LOT B 3000 SQ.FT.=E / D8 SURVEYOR'S CERTIFICATE ou '. l P REBAR AND 1, MICHAEL P. LAFFERTY, HEREBY CERTIFY â„¢AT THIS MAP ACCURATELY DEPICTS AN A, 3 YPC LS# 9184 N75*09'11'W ELEV=7926.84 r.xj Cl IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPERVISION ON 07/2005 AND REVISED ON 07/2007 OF THE ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND VICINITY MAP DIMENSIONS OF ALL IMPROVEMENTS, EASEMENTS, RIGHTS-OF-WAY IN EVIDENCE OR KNOWN 3000' ALLEY REBAR AND TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. RPC LS# 25947 Oille,ple Sl N 447 \ A , I. BLOCK 25 21.01' R. 0. 17, .11 -il3k#Nita<. 1 1 \1,--. F IÂ«CHAEL P. LAFFERTY PLS. # 37972 DATE: 4Â°44 \ ~ 110#/ Rocky Mountain Surveyln~ DATE SURVEYED: 07/2005 1, J- 42-~ ~ -SE REVISED: 07/2007 FILE NO: 05534 0 1/2 MILE 41 F-<~ Cen~%~L CLIENT: KELSO 4133 cr,Â¥Wl spririg* . 0 1/2 KILOMETER ~ R, (.rlÂ»ond*le co Â»1623 NOTICEÂ· According tr. Coo"do :- yee ar=t cofnn=,ce -y legÂ»J k.i- .... phone 970-379-1919 upon any dc'/98 / thil i"vcy withm thric year, afa y.~1 5rst diice- ulch *ld fax 970-963-5873 In no eve# My wy don balÂ®d opco iny defect n this,urwy be comme,=d more email laff#*opril.net than wn years frum thÂ¢ It: of the ce,Â·hfk==,bown he=11 10000' 49'E '4991 100.00' Sl 4Â°50'49"W EM WM (~X-*-~7-X-- ~~~~t-1-M Pl-+I 1 - X 1 â‚¬Ir Lx----1 103 DEVON CT, BASALT, 81621 L - -X PHONE: 970.279.4157 FAX: 866.770.5585 i KELSO 1 1/ lili. - . x RESIDENCE -1162=23323 w, 1 627 W. MAIN ST. ASPEN, COLORADO 81611 Ul X CO DOUGLAS KELSO 1 1 0 . CONSULTANTS IO IXO SURVEYOR ocky ourÂ·~tain Surveying 4133 Crystal Springs Rd. Carbondale CO, 81623 10' ' p: 970-379-1919 ~------t~ ! F: 970-963.5873 GEOTECH #G OTECH 25. r - -xir x ~x -- ---- --- -- ----------- ---- - -------- ----------- --------- -------- -------- -- ---- - 2 : STRUCTURAL L j MECHANICAL N14Â°50'49"E #M H L INTERIOR DESIGNER < 1 1 Site plan #LAND E A CHIT C SCALEÂ· 1/4~ = 1'-0" 666-4 ONTRACTOR #CONTRACTOR :.........~ -tbR 1..31~8-4-T-)RREM~W ALLOWABLE FAR (2,400 - 250 = 2,150) 2,150 SF ttft.EL-ijjjâ€žEn ~ 1.tettaIURLE+21182*Ii -4 + d MARK ] DATE I DESCRIPTION ALLOWABLE DECKS (15%) 360 SF - '1111111111111 ILÂ»Â»U-Â«fmÂ« MAIN FLOOR AREA - EXISTING 1,287.22 SF PROJECT NO: 0608 [PPEFf-flit-f-1-9-[F93*rk-tfltzttiltil7 --- -- - UPPER FLOOR AREA Â· EXISTING 630.94 SF - DRAWN BY: SMW -Â¥EJETINGFAR1,918.1SSF MUm,*01W~Elil COPYRIGHT Forum Phi LLC --+ - 4- -1 -t T r-rÂ·-r-l- i.i - i. i-,1 /]/ 3/.u l.1.-I~.I_L_-ea_J_L{,--,~u SHEET TITLE t.,LEEIILLIIIIIIECII-TT-T-31[T [Irl--1 11UU.11 - L&&*22~EEL~i.~ C~ MAIN FLOOR f 7 UPPER FLOOR - 64=i--4 SITE PLAN N7 Â°09'11"W - 58'-1 3/16. 15'-2 1/8' 1'-3 6 8'-7" 30'-5 5/8- 51/2"i. u 1 1 T 1 1 : N -1 1-1 79. STAIR lili <- will . I MASTER BATH N MASTER CLST F 102 , PÂ»R h /04 PNTF.Y 108 + 109 105 FORUM PH_I %12 . i E-1 --Â« 103 DEVON CI BASALT, 81621 4 PHONE: 970.279.4157 FAX: 866.770.5585 2 21/4' -E--F '410â€¢22.4 6 3/4'g 003 1/4' 10'-2 7/8 1'-11 1/2' i , 1 ,2'-5 1/2" 4'$ 3'-3 1/2 / 2'-6" 2 11'-3" _ - 31 27 - 16/ KELSO LIVING ROOM 101 + 4 L KITCHEN 2 8 RESIDENCE DINING â€¢, 3,-8. ~ 103 106 627 W MAIN ST. 31/2 - 23'-2" , __1-9 1/2' . 9.11/16w ., 15' ASPEN, COLORADO 81611 1'0'~â€¢â€¢Â·7'-6114 1/2 - DOUGLAS KELSO MASTER BEDROOM 107 CONSULTANTS , F==rvl SURVEYOR Rocky Mountain Surveying 4133 Crystal Springs Rd. 1--11 L-11 Carbondale CO, 81623 N 1 P: 970-379-1919 F: 970963-5873 12'-2. ~ 3'-6" ~ 7 'Â°" ~2'-7'~ 11'-1 3/16Â» 16'-1/2' GEOTECH #GEOTECH 58'-1 3/16" 1-2' STRUCTURAL #STRUCTURAL Ch MAIN FLOOR \~,-~00/ SCALE 1/4Â· = 1.-0. 0 2 41 8. MECHANICAL #MECHANICAL 33'-21/8' INTERIOR DESIGNER #LANDSCAPE ARCHITECT 5 1/20 6 6 14'-3 1/8â€¢ 4' 14' 5 1/2" .6 24'-6 TE ' N' CONTRACTOR -j . r / D i 'E U i $ Htflo r 110111,1 , 1 0 11 11 1 .1 11 11 11 1 11 11 11 1 11 11 111 1,11 11 0 #CONTRACTOR 1,1.1." 1 1"1.1.1"|MIl !11'11, 11 1 .1.1|lili||11 11 1"Ill'll" 11' Ill'11,1 1111,1 1111 11 11 , *&Â§-*-4 ;;-:~NÂ· . ..#-#8Bs 63 >1** '%Â»iâ€¢=a:*~m , N 11 11 11 U 11 0~Q~~1 M "111111111111 IplIMII: 1 1 0.",111 11 11,111,111,11,1111,11,1 '1 11 11 .11 ~ 11 11 11 11'1111 -- i a 0 - BEDROOM #2 -24 - 205 ---r~ - BEDROOM #1 \44.- 1 4 . / 6 ROOF DECK w h 1 +4 07 207 TDR 3/3/[)8 TOR REVIEW L -x.:: M MARK DATE DESCRIPTION 4 N PROJECT NO: 0608 ~- - [r<~Cl An DRAWN BY: SMW R. 41 111 IP 1~ 1-LFJL,JL~rjbc~ ' 4 --f- 'E:,1 ' 'E= . COPYRIGHT Forum Phi LLC *Tortur.nJE CLST #1 - 11 1 " 11 lili 11 k 11 SHEET TITLE ATH 11 . 11 11 1 11i 111111111111 202 & 204 1~ + fl,CL:61;42 3'-10" -1- .- 4/41 ~~M :' ):" ::~~~::~:~:i:::":::#: : '1 11 ~1 11 .1 11 11 11 11 1 N LO 7nfi -- ff{~i]-#44*94-444i- M'*-* ' ;22:12=(INDE I 01 'I 'F t~rtÂ·i ~,f~T,,-1[1~fV--3/-9771-71- 4ff -~*]1-j~14Â·Hr 427-4472 1111 lilli 1 1, 11 11 11.111.11"1.1 1 1 lilli N.'.A Il.11.1 W A ~5 1/21 ---- .D'-10 5/8" 2'-1 5/16"* k >20-15/16" 11'-1 7/8' 51/2",, I 244~ , A2.1 - '1 ' 1 -1m 1 ~ UPPER FLOOR SCALEÂ· 1/4~ = 1'-0~ o r ~Â·5 PLANS 8'-5 13/16' 1'-21 , ' , 7-9. , 2'-6- . 6%3' .158" 22-3 WE' .9-2 .2.Â£ " 2/L G 12-5 9/16 -6' ~ A'-55/8 9' 7 22-35185 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Douglas Kelso (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 627 W. Main Street Aspen, CO 8 1611 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment ofall processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of ati initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration. unless current billings are paid in full prior to decision. 5. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit. APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: ~0 1 - ~2.,>~-~ i r Chris Bendon Community Development Director Date: 9 - , c - 0 7 Bill To Mailing Address and Telephone Number: Douglas Kelso 627 W. Main Street Aspen,CO 81611 g:\support\forms\agrpayas.doc 02/01/06