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0009.2012.ASLU 400 E HYMAN AVE
MAJOR GROWTH MANAGEMENT
FOR TOM THUMB CONDOS
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0009.2012.ASLU
PARCEL ID NUMBERS 400 E. HYMAN AVE
PROJECTS ADDRESS GMQS TOM THUMB BUILDING
PLANNER SARA ADAMS
CASE DESCRIPTION GMQS - CARRY FORWARD
REPRESENTATIVE KEN SACK
DATE OF FINAL ACTION 3/20/13
CLOSED BY ANGELA SCOREY ON: 3.20.13
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Routing Status Fees Fee Summary Main Actions Attachments Routing History Valuation ArchjEng Custom Fields Sub Permits
Pernik type aslu Asper a d'JSc
Permit d 0009.2012.ASLU
Address 400 E HYMAN AVE
J Aptf5uite
City ASPEN
State CO Zip 81611
Permit Information
Master permit L
Routing queue aslu07
Applied 2l2812012
Protect
Status pending
Approved F
Description
APPLICATION FOR MAJOR GROWTH MANAGEMENT LAND USE FOR THE
Issued
TOM THUMB CONDO ADDITION
Closed/Final
Submitted KEN SACK 954 680 5490
Clods Running Days E c,
013 Expires 2fE
Submitted via
Owner
Last name ISACK I
First name KEN
4690 SOUTH UNIVERSITY DR
Phone (954)680-5490
Address
DAVIE FL 33328
Applicant
❑ Owner is applicant? 0 Contractor is applicant?
Last name IRWIN First name IPAUL � 1219 HARRISON AVE
LEADVILLE CO 80461
Phone (719)221-3232 Cust* 29056 I Address
jLender
Last name First name
Phone ( ) - Address
Displays the permit lender's address
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400 Hyman LLC
5454 County Rd 346
Silt, CO 81652
954-249-5674
I am applying for an HPC Minor Development and Consolidated Commercial Design
Review for the property listed below. Louis Loria, Atmosphere Design Group is
authorized as my representative.
R010570 273707343015
400 E HYMAN AVE ASPEN
400 HYMAN LLC
Subdivision: TOM THUMB BUILDING
Unit: C-301
R010�69 273707343014 400 HYMAN LLC
400 E HYMAN AVE ASPEN Subdivision: TOM THUMB BUILDING
Unit: C-201
I hereby withdraw the pending growth management application on the above referenced
properties.
If there is any further information needed, please contact me at 954-249-5674
Kenneth Sack ~`�
•
40
Sara Adams
From: Sara Adams
Sent: Monday, April 02, 2012 1:19 PM
To: ripple@rockymountains. net
Subject: Tom Thumb Building
Hi Paul,
My sister and brother-in-law live in Leadville (Em and Mike Bordogna), so I am in your neck of the woods a lot.
I have reviewed your application for Growth Management Review and I need some more information.
• First, you need to apply for Subdivision Review in addition to the application for Growth Management. The
review criteria and application requirements are found in Land Use Code Sections 26.480.050 and 26.480.060
here: (please submit 21 copies of the subdivision application requirements and review criteria)
http://www aspenpitkin com/Portals/0/docs/City/clerk/municode/coaspent26-400.pdf
• The review criteria that you need to address for Growth Management are as follows:
B. General requirements: All development applications for growth management review shall comply with the
following standards. The reviewing body shall approve, approve with conditions or deny an application for growth
management review based on the following generally applicable criteria and the review criteria applicable to the
specific type of development:
1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant
to Subsection 26.470.030.D. Applications for multi -year development allotment, pursuant to Paragraph
26.470.090.1 shall not be required to meet this standard.
2. The proposed development is consistent with the Aspen Area Community Plan. (this is on our website here:
http•//www aspenpitkin com/Portals/O/docs/City/Comdev/Long%20Range%20PIanning/2000%20AACP.pdf )
3. The development conforms to the requirements and limitations of the zone district.
4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the
Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as
applicable.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional
commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are
mitigated through the provision of affordable housing. The employee generation mitigation plan shall be
approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the
Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable
Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to
Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. (Ord. No. 6 — 2010, §2)
6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade,
whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-
market residential net livable area, for which the finished floor level is at or above natural or finished grade,
whichever is higher.
Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be
restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable
housing units that are being provided absent a requirement ("voluntary units") may be deed -restricted at any
level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable
Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to
Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in
Section 26.470.100 Employee/Square Footage Conversion. (Ord. No. 6 — 2010, §2)
7. The project represents minimal additional demand on public infrastructure, or such additional demand is
mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not
limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and
police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §1)
• What is the existing net leasable on the site (the entire building) and what amount of net leasable is proposed?
A definition of net leasable and how to measure it is found in our Land Use Code Section 26.104.100 Definitions
and 26.575.020.1 Measurement of Net Leasable Commercial Area. I understand that you are proposing to
decrease the amount of net leasable, but I need specific numbers for the application.
• I need new net livable numbers and floor area number for the new free market residential unit and for the
entire building complex. Measurement of Net livable area is found here: 26.575.020.J in the Land Use Code.
Affordable housing mitigation for the new residential unit is equal to 30% of the new net livable area.
• The application indicates a request to pay cash in lieu for the affordable housing, which is $76.93 per square
foot. The numbers in the application (439 sq. ft.) indicate that the mitigation requirement is less than one full
unit, but it is difficult to tell if this is floor area or net livable area and how you did the calculation. Please provide
more detailed information on the floor plans as to how you got to the net livable numbers. Assuming that the
housing requirement is less than one full unit, Planning and Zoning reviews the cash in lieu payment request.
• Please provide more information on how you are calculating net livable area, net leasable area, and floor area
for each use and overall so that I can verify your numbers. The easiest way to do this is to label the floor plans
(existing and proposed). These need to be scaled and 24 x 36 in size. Two copies are sufficient at this point- you
do not need to submit extras for P&Z yet. Also, make sure that you note the non -unit space and how it is
attributed to the different uses in the building for the floorarea calculation.
• A 3-D model (either digital or physical) needs to be prepared for the P&Z and the City Council meetings that
show the proposed building in the context of the downtown historic district. The City has a sketch up model of
the downtown area that you can drop the proposed building into. Let me know if you need a copy of the model.
Feel free to call me if you have any questions about the proposal. I am happy to help walk you through it if needed. I
cannot schedule a hearing before P&Z until this information is adequately addressed.
Best, Sara
Sara Adams, Senior Planner
City of Aspen,130 South Galena Street
Aspen, CO 81611
tele. 9701429.2778
fax. 9701920 5439
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PANCERQD
SEAL:
REG. NO.:
DATE:
ATMOSPHERE
DESIGN GROUP LLC
241 LEXINOTON AVENUE SECOND FLOOR MOUNT KISCO. N.V.10549
m 914.244.1300 (F) 914.244. 0599 (E) INFOO-OSPHERE-OO.COM
CONSTRUCTION
DOCUMENTS ISSUED
FOR PERMIT & BID
PROJECT LOCATION:
400 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TOTAL GROSS AREA: 765 SF 1ST FLR
656 SF 2ND FLR
SHEET TITLE:
PROPOSED BUILDING
ELEVATIONS
PROJECT NO.
SCALE:
DATE: JULY 06, 2012
DRAWN BY:
REVIEWED BY: LL
SHEET NO.
A-302
03 BUILDING ELEVATION
FILE: Z:\Panerai\Panerai - Aspen Colorado\04 CD\Architectural\A-300 thru A-303 Exterior Elevations.dwg
SCALE: 3/8" = 1'-O" 04 BUILDING ELEVATION
SCALE: 3/8" = 1'-0"
PLOT DATE: July 27, 2012
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Tom Thumb Condo Association
c/o Peter Goldstein
400 East Hyman Ave
Aspen, Co 81611
A.
X
0
B. Received by ( Printed Name) q C. Date of Delivery
D. Is delivery address different fromD. Is delivery address different from item 1? ❑ Yes
It ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
Qr ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ G.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service /abed 91 719 9 9991 7030 0696 3859
PS Form 3811, February 2004 Domestic Return Receipt 102595-02
UNITED STATES POSTAL SERVICE
•
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
IIiiIii„IIiIIiii„IIiltIIliIIlI
The City of Aspen
ComDev
Attn: Sara Adams
130 S. Galena St
Aspen. Co 81611
0
11
Peter Goldstein, President
Tom Thumb Condominium Association
400 East Hyman Avenue
Aspen, CO 81611
ASPEN / PITKIN
COMMUNITY DEVELOPMENT DEPAwrmwr
April 4, 2012
Re: Land Use Application for redevelopment of Tom Thumb Building at 400 East Hyman Ave.
Dear Mr. Goldstein,
I have reviewed the letter of consent and conditions for the Tom Thumb redevelopment
application. The City of Aspen cannot ensure that the application will meet the conditions of
the letter of consent.
Be Regards,,
a Adams, Senior Planner
Community Development Department
970-429-2778
Sara.adams@ci.aspen.co.us
130 SOUTH GALENA STRP.ET • ASPEN, COIDRAOo 81611-1975 • PHONE 970.920.5090 • FAx 970,920.5439
Printed on Reeyded Paper
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RECEIVED
FEB 15 2012
CITY OF ASPEN
COMMUNITY DEVELOPMENT
ATTACHMENT 2 - Historic Preservation Land Use Application
PROJECT:
Name:
Location: 400 v7- +t
(_- T tA
(indicate street address, rot & block numher or metes and bciunds description of property)
Parcel 1D # (REQUIRED)
APPLICANT:
t
:PRESENTATIVE:
tine: �..�
Idress: -
one #: `llq L2 I ?32. Fax#: E-mail: A1F'0= 0 c `
tlll XUA-E e► Ting r► c
TYPE OF APPLICATION: lease CheCK ail mat I :
❑
Historic Designation
❑
Relocation (temporary, on
❑
Certificate of No Negative Effect
❑
or off -site)
Certilicate of Appropriateness
❑
Demolition (total
❑
-Minor Historic Development
demolition)
-Major Historic Development
❑
Historic Landmark Lot Split
-Conceptual Historic Development
-Final Historic Development
JL4-
r 1O(
-Substantial Amendment
[STING' CONDITIONS: (description of existing buildings, uses previous approvals, etc.)
OPOSAI : (description of proposed buildings. uses, modifications, etc.)
�zp sq:zp l GCE -- Lvt I -RX--
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29, 2007
E
0
ATTACHMENT 3 - Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
Project: -vt �% �.dJ_t ��I T1 icit'L
Applicant: Project "[nD t 1J b Ill �
Location: _ 'Tl
Zone
District: �...�
Lot Size: )e 100./-
Lot Area: 6J, I ro2SSM "i-
(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: 53Proposed:__
Number of residential units: Existing. ___ Proposed: 1+
Number of bedrooms: Existing.• _Proposed: _ _
Proposed % of demolition:
DIMENSIONS: (write n/a where no requirement exists in the .zone district) q
Floor Area: Existing Allowable: N/� Proposed: yQ-7
Hei
SWOV C'S1 d::30
Principal Bldg.:
Existing:_[11_ __.911owahle: '_Proposed:
Accessory Bldg.:
Existing: -WA Allowable:. A —Proposed: NI�t
On -Site parking:
Existing:_)_„_Required: I. Proposed:_
% Site coverage:
Existing: 7�� _Required:___Proposed: Z�
% Open Space:
Existing:_Required. Proposed:
f
Front Setback:'
1
Existing: Required: Proposed: 16
Rear Setback:
Existing:_. Q Required: .. 0 Proposed: O
Combined Front/Rear:
Indicate N. S. E, W
Existing:_a___Required: __.Q
Proposed:
.
Side Setback:
Side Setback:
Combined Sides:
Existing: 0 Required:
Existing: _40Required.
Fxisting:__Q._Required:
O _Proposed.•
_Proposed:
O Proposed:
O
0
/
I%
N
G
..7
Distance between
Existing:_ 0 Required:
Q Proposed•___0
buildings:
Existing non -conformities
or encroachments and note if encroachment
licenses have been issued:
Variations requested (identify
the exact variances needed):
_
Aspen Historic Preservation
Land Use Application Requirements, updated: May 29, 2007
i 0
400 E Hyman Ave.
Aspen, CO
Growth Management Application:
1. The general application information required in Common development
review procedures, Chapter 26.304.
2. A site -improvement survey depicting:
a. Existing natural and man-made site features.
b. All legal easements and restrictions.
c. All requirements for improvement surveys outlined in the current City
Engineering Department regulations.
3. A description of the project and the number and type of the requested growth
management allotments.
Project involves partial demolition of existing 2 story building element which
is replaced with a 3 story structure. Basement and street level uses remain
mercantile/commercial. The 2nd level use is changed from
buisness/commercial to residential. The new 3`d level will be residential. The
one new residential unit will occupy both the 2nd and 3`d levels.
1. One residential unit growth management allotment is requested
4. A detailed description and site plan of the proposed development, including
1. proposed land uses of residential and commercial are within the
development zone limits re FAR calculations
2. densities - Net density is reduced with change of use from commercial to
residential on existing 2" level.
3. natural features, - there are some existing trees just outside of the property
line along Hyman and Mill. These trees will be protected during construction
and since the existing foundation is to remain, they should not be affected
by new construciton.
4. traffic and pedestrian circulation - Pedestrian access to the lower courtyard
is enhanced by the widening of the existing stairs. ADA compliance is
achieved with the addition of an elevator and wheelchair rail lift.
5. off-street parking - Project creates no additional demand
6. open space areas - There is a reduction in the existing open space area in
exchange for an elevator.
7. infrastructure improvements - A new water line will be installed to upgrade
from the existing line. Size will depend upon the sprinkler system demand for
the entire building
8. site drainage - We are exploring different options for bringing the existing
storm drain up to code.
• 0
9. off -site improvements - NA
5. A description of the proposed affordable housing and how it provides
adequate mitigation for the project and conforms to the Aspen/Pitkin County
Housing Authority Guidelines. City of Aspen Land Use Code
1. Approximately 500 sq ft of affordable housing is required and cash in lieu has been
proposed.
6. A statement as to how the application should be considered "exceptional' if
multi -year allotments are being requested.
1. NA
7. A statement specifying the public facilities that will be needed to
accommodate the proposed development, proposed infrastructure
improvements and the specific assurances that will be made to ensure that the
public facilities will be available to accommodate the proposed development.
1. Water - The existing 3/4" diameter main water line will be replaced in order
to accommodate new sprinkler demands for the entire condominium
2. Sewage - Capacity of existing pipe has not yet been determined
3. Storm Water- At the present time, storm water drains into the sanitary sewer.
There is also an overflow drain from the fountain which may connect to this
system but has not been confirmed. A drainage system which does not
utilize the sanitary sewer is being developed.
4. Electric - Site has immediate and existing access to power, phone, and
cable.
8. A written response to each of the review criteria for the particular review
requested.
9. Copies of required approvals from the Planning and Zoning Commission,
Historic Preservation Commission and the City Council, as necessary. Attached.
10.As applicable, a recommended community objective score according to the
scoring criteria applicable to the type of development as outlined in Section
26.470.120 and a brief explanation supporting the recommended score. (Ord.
No. 14, 2007, § 1)
1. NA
•
E)MTNG- FAR Calculaflons
lot size 6168 sq ff
Exating area breakdown percent
Unit N Zoning above grc sq ff sq ff
A-101 C 406 0.13 53
A-102 C 645 0.17 110
A-103 C 421 0.15 63
A-201 C 1286 1 1286
A-202 C 511 1 511
A-301 FM 515 1 515
A-302 A 396 1 396
A-303/304 FM 604 1 604
B-101 C 1083 0.1 108
B-201 C 433 1 433
8-202 C 464 1 464
B-301 C 954 1 954
C-101 C 810 0.16 130
C-201 C 806 1 806
C-301 C 817 1 817
%non unit space non unit aloc total sq ff FAR actual FAR max sq ff left
1119 Totalfreemarket 15.44% 141.85 1260.85 0.2 0.5 1823.15
5734 totalcommercia79.10% 726.95 6461.43 1.05 2 5874.57
396 Totalaffordable \\\ 5.46% 50.2 -
:1-1
124
104
:1-2
73
73
:1-3
75
75
:1-4
49
49
i2-1
124
124
2-2
73
73
:3-1
115
115
1-1
36
36
2-1
73
73
3-1
197
197
613 TOTAL GCE
306 TOTAL LCE
otal 8168 8168
7249 Total Unit floor area
919 Total Non unit floor area
0 •
PROPOSED - FARCdadallons
lot size 6168 sq It
Proposed area breakdown percent
Unit 4 Zoning above grc sq ft
sq ft
A-101
C
406
0.13
53
A-102
C
645
0.17
110
A-103
C
421
0.15
63
A-201
C
1286
1
1286
A-202
C
511
1
511
A-301
FM
515
1
515
A-302
A
396
1
396
A-303/304
FM
604
1
604
81101
C
1083
0.1
108
8-201
C
433
1
433
9-202
C
464
1
464
B-301
C
954
1
954
C-101
C
810
0.16
130
C-201
C
806
1
806
C-301
FM
817
1
817
C-401
EM
706
1
706
%non unit space
non unit allDc total sq ft FAR actual
FAR max
sq R IeR
2642
Totalfreemarket
33.21%
371.62 3013.62 0.49
0.5
70.38
4917
totalcommercial
61.81%
691.68 5609.16 0.91
2
6726.84
396
Total affordable
4.98%
55.7 451.7 0.07
NA
no lint
GCE 1-1
124
104
GCE 1-2
73
73
GCE 1-3
75
75
GCE 1-4
49
49
GCE 2-1
124
124
GCE 2-2
73
73
GCE3-1
115
115
613
TOTAL GCE
LCE 1-1
36
36
7955 Total UnRRoor area
LCE 2.1
73
73
1119 Totd Non unBRoor area
LCE 3-1
197
197
0
LCE 1-2
100
100
LCE 2-2
100
100
506
TOTAL LCE
Total
9074
9074
7955 Total Unit floor area
1119 Total Non unitfloor area
NEW NET LEASABLE AND FREE MARKET
N Zoning SQ FT SQ FT SQ FT
A-101
C
359
359
Ar102
C
601
601
Ar103
C
388
388
A-201
C
1185
1185
A-202
C
472
472
A-301
FM
467
467
A-302
A
0
0
A-303/304
FM
556
556
8-101
C
993
993
B-201
C
393
393
B-202
C
423
423
B-301
C
894
894
C-101
0
742
C-2
C
747 0
747
301
FM
756
756
C-401
FM
0 706
706
8976
TOTAL NEW NETLEASEABLE=
0SQ FT
TOTAL NEW FREE
MARKET=
1462 SQ FT
N1Moe?
rldng sq it
-515
rmmercial 1 per 1000 sq ft 0.0000 30k' percentage $0.1
cadential none required formixeduse incommercialcore
AHordoWe Housing roqulremenf-281.4000 sq 8
total
26.470.100
commercial
4.1 employee/1000 sq it
^
S of employees= -3
60%OFREQ-1.8000 -720
(400sgft/emp)
residential
1462 new FM sq ff
31%of free market 439
Options
In town 500 sq ff
within urban growth boundary it\ ♦1 /
C
'
purchase of affordable housing creditit s I •414
credits
cash in feu
i'-nn wL r s •
Public arnanity
26-575.030
Publcamenity- ex'stlr
883
sgff `('
0.14
Pubic amenity - props
8
sq it0.14 +� -/ (�
-1
14
` .a 1
t�W
25
sq ft Existing minus proposed
Cash in few 0 $75/sq f
$1,875.00
Fwd: Signed Paperwork from Peter Goldstein
Tom Thumb Condominium Association
400 East Hyman Ave
Aspen, CO 81611
The Tom Thumb Condominium Association approves with conditions 400 East Hyman LLC s
hereinafter "Applicant" permit application for partial demolition and renovation of the Tom Thumc
Condominium per the permit application now on file with the City of Aspen regarding Units C101.
C201, and C301.
conditions:
1. .Applicant will provide the HOA with all future submittals to the City during the permit
application period. A reasonable amount of time for review and comment by the HOA will
be planned for during the application process.
2. The Applicant shall provide the HOA with copies of material pertaining to the results of
design review meetings during the application process.
3. It is understood that the costs of some infrastructure and miscellaneous improvements
associated with this application are not known at this time. Cost for said improvements
shall be the responsibility of the applicant it is also understood that the applicant will be
responsible to the HOA and or it's owners for anv additional costs which will arise from
this application.
4. The HOA will review the final application for permit and may approve it, or approve it with
conditions, before the final application is submitted to the City for approval.
Thorn Thumb Condo Association
Peter Goldstein - President
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Eu Tom Thumb Condominum Ken Sack
ign 400 E. Hyman Ave. 4690 South University Drive
NO Aspen, CO Davie, FL 33328 C 1
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Monday, October 3, 2011
Attn: Amy Guthrie
Historic Preservation - City of Aspen
RE: Historic Preservation Conceptual Review October 12'h Tom Thumb Condominum Partial
Renovation
Dear City of Aspen,
Attached are revised elevations and contextural studies. Please view these pdf's on a
computer if possible. I will also be happy to share the sketch -up model with any
commissioners before the 12'h should it be requested. We have reduced the height to 33'
along Hyman and Mill. The roof of the structure is stepped down at the existing plaza in order
to remain at most 36' above the various plaza levels adjacent to the structure (and to cast a
stepped shadow into the plaza.) The building is in proportion in both scale and massing, as
can be seen in the elevation studies, even though there are about 4 individual 3-4 story
structures which now exist near by but have not been updated on the sketch up model. The
approach perception study shows the corner defining qualities of the building, some of the
architectural design techniques we are exploring, as well as the building's respectful
relationship to the Wheeler across the street. There is also a rendering depicting the
reflections of the surrounding context in the glazing. Calculations for; FAR, net leasible,
public amenity, parking requriements, and affordable housing remain the same as the
previous submittal. I would respectfully request that any new members on the commission
review the previous two submittals in order to become familiar with the process to date
along with our intentions behind the design. I look forward to discussing the project with the
commission. Please feel free to contact me with any questions.
Sincerely,
Paul Irwin, PE
Ripple Design Studio
Ripple Design Studio - 1219 Harrison Ave. Leadville, CO 80461 - ripple@rockymountains.net
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•
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN
REVIEW (CONCEPTUAL) AND PUBLIC AMENITY APPROVAL FOR THE
PROPERTY LOCATED AT 400 E. HYMAN AVENUE, TOM THUMB BUILDING,
CONDOMIUM UNITS A-101 THROUGH A-103, A-201, A-202, A-301 THROUGH A-304,
B-101, B-201, B-202, B-301, C-101, C-201, C-301 AND THE CONDO ASSOCIATION
COMMON AREA, LOTS K AND L AND A PORTION OF LOT M, BLOCK 88, CITY
AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
RESOLUTION #11, SERIES OF 2011
PARCEL ID: 2737-073-43-001 through -005, 2737-073-43-009 through -015, 2737-073-43-706
through -708 and 2737-073-43-801
WHEREAS, the applicant, 400 Hyman LLC, Ken Sack -CEO, represented by Paul Irwin of
Ripple Design Studio, has requested HPC Major Development (Conceptual) and Commercial
Design Review (Conceptual) and Public Amenity approval for the property located at 400 E.
Hyman Avenue, Tom Thumb Building, Condomium Units A-101 through A-103, A-201, A-202,
A-301 through A-304, B-101, B-201, B-202, B-301, C-101, C-201, C-301 and the Condo
Association Common Area, Lots K and L and a portion of Lot M, Block 88, City and Townsite
of Aspen, County of Pitkin, State of Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The IIPC
may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the Commercial, Lodging, and Historic District Objectives and Guidelines per
Section 26.412.040 of the Municipal Code. The HPC may approve, disapprove, approve with
conditions or continue the application to obtain additional information necessary to make a
decision to approve or deny; and
WHEREAS, for Public Amenity Review, the HPC must review the application, a staff analysis
report and the evidence presented at a hearing to determine the project's conformance with the
Section 26.575.030 of the Municipal Code. The HPC may approve, disapprove, approve with
RECEPTION#: 583681, 10/19/2011 at 400 E. Hyman Avenue
01:26:21 PM, HPC Resolution #11, Series of 2011
1 of 2, R $16.00 Doc Code RESOLUTION Page 1 of 2
Janice K. Vos Caudill, Pitkin County, CO
conditions or continue the application to obtain additional information necessary to make a
decision to approve or deny; and
WHEREAS, Amy Guthrie, in her staff report to HPC dated October 12, 2011, performed an
analysis of the application based on the standards, found that the review standards had been met,
and recommended approval with conditions; and
WHEREAS, at their regular meetings on July 27, 2011 and August 10, 2011, and October 12,
2011, the Historic Preservation Commission considered the application, the staff memo and
public comments, and found the proposal consistent with the review standards and recommended
approval with conditions by a vote of 4 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants HPC Major Development (Conceptual), Commercial Design Review
(Conceptual) and Public Amenity approval for the property located at 400 E. Hyman Avenue
with the following conditions:
1. At Final Review, provide detailed analysis of possible lightspill effects that would result
from a primarily glass fagade.
2. A development application for a Final Development Plan shall be submitted within one
(1) year of October 12, 2011, the date of approval of a Conceptual Development Plan.
Failure to file such an application within this time period shall render null and void the
approval of the Conceptual Development Plan. The Historic Preservation Commission
may, at its sole discretion and for good cause shown, grant a one-time extension of the
expiration date for a Conceptual Development Plan approval for up to six (6) months
provided a written request for extension is received no less than thirty (30) days prior to
the expiration date.
APPROVED BY THE COMMISSION at its regular meeting on the 12th day of October,
2011.
—z
Ann Mullins, Vice Chair
Approved as to Form:
im True, Special Counsel
ATTEST:
Kathy StKekland, Chief Deputy Clerk
400 E. Hyman Avenue
HPC Resolution #11, Series of 2011
Page 2 of 2
•
Sara Adams
From: Kenneth Sack [kensack@me.com]
Sent: Monday, April 16, 2012 9:34 PM
To: Sara Adams
Subject: Re: tom thumb gmqs application
We are looking at the expense and feasability of tearing down the building vs remodeling. This way we could
have a building
that meets our needs, has all required sprinkler systems
that we can use for our employees...
Ken Sack
Panerai Boutique
150 Worth Ave
Palm Beach, Florida 33480
561-833-8955
and will allow us to add a single story residential unit
On Apr 16, 2012, at 02:38 PM, Sara Adams <Sara.Adams(iDci.aspen.co. us> wrote:
Hi Ken,
I sent a email to Paul a few weeks ago about requirements for the GMQS application that was
submitted in February. He called me at the end of last week to follow up on my email. Are you
planning on pursuing the gmqs application or are you going to proceed with the remodel that we
discussed a week or two ago? I don't want to spend the time explaining the Code and
information that I need to Paul if you are going to withdraw the application. Please let me know
how you would like to proceed.
Thanks, Sara
Sara Adams, Senior Planner
City of Aspen,130 South Galena Street
Aspen, CO 81611
tele. 9701429,2778
fax. 9701920 943°
www.aspenpitkin.com
•
Email secured by Check Point
•
•
Sara Adams
From:
Sara Adams
Sent:
Friday, April 20, 2012 2:46 PM
To:
'ripple@rockymountains.net'
Subject:
code change for downtown
Hi Paul
Below is a link to the changes to the CC zone district that take effect on May 2nd. A complete application must be
received by May 2"d to be reviewed under the current code requirements.
http://www aspenpitkin com/Portals/0/docs/City/Comdev/Recent%2OCode%2OAmendments/Ordinance%2012%2OSeri
es%202012 CC%20and%20C1%20amendments APPROVED%20.pdf
Call me if you have any questions and happy weekend, Sara
Sara Adams, Senior Planner
City of Aspen,130 South Galena Street
Aspen, CO 81611
tele. 9701429.2778
fax 9701920,5439
www.aspenpitkin.com
Am AL
Agreement to ray Application rees
An agreement between the City of Aspen ("City") and
Property Ken Sack
Owner ("I").
Address of 400 E. Hyman Avenue
Property:
(subject of
application)
Phone No.: 954-680-5490
Email: kensack@belisouth.net
Billing 4690 S. University Drive
Address: Davie, FL 33328
(send bills here)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
flat fee for $ flat fee for
flat fee for
flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application.
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded
costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$_4,410 deposit for _14 hours of Community Development Department staff time. Additional
time above the deposit amount will be billed at $315 per hour.
$_265 deposit for _1_ hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $265 per hour.
City of Aspen:
Chris Bendon
Community Development Director
City Use:
Fees Due: $_4,675 Received: $
Property Owner:
Name: Ken Sack
Title: Owner of Unit B-101, B-201, C-101, C- 201 and C-
r1
Alk
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or
deposit is collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable
amount of staff time to process. Review fees for other City departments reviewing the application (referral
departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with
multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff review is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on
the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community
Development Director, the project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre -application conference by the case planner.
Hourly billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for
Planning and referral agency fees must be submitted with each land use application, made payable to the City of
Aspen. Applications will not be accepted for processing without the required application fee.
The Community Development Department shall keep an accurate record of the actual time required for the
processing of a land use application requiring a deposit. The City can provide a summary report of fees due
at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the
processing of an application by the Community Development Department takes more time or expense than is
covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no
additional administrative charge. In the event the processing of an application takes less time than provided for
by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be
due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and
recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon
conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director
accepting an application for final review. Final review shall require a new deposit at the rate in effect at the
time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director
accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid
invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee
of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be
assigned by the Municipal Court Judge. All payment information is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements
and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits
already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or
issuance of a stop work order until full payment is made.
The property owner of record is the party responsible for payment of all costs associated with a land use
application for the property. Any secondary agreement between a property owner and an applicant representing
the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties.
0 !
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE A
Name and Address of Title Insurance Company: Stewart Title Guaranty Company
P.O. Box 2029
Houston, Texas 77252-2029
Prepared by: Colorado Regional Production Center
Title Officer: Linda Williams
Order.Number: 944021
Date of Policy: May 2, 2011 at 4:30 PM
(or the date of recording of the insured deed, whichever is later)
Amount of Insurance: $500,000.00
*Address Reference: 400 East Hyman Avenue Unit C-101
Aspen, Colorado 81611
1. Name of Insured:
400 Hyman LLC, a Colorado limited liability company
Policy Number: 0-9301-1724840
Premium: $1,327.00
2. The estate or interest in the land that is insured by this Policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
400 "Hyman LLC, a Colorado limited liability company
4. The land referred to in this policy is described as follows:
Unit C-101
THE TOM THUMB BUILDING CONDOMINIUM
According to the plat thereof recorded in Plat Book 13 at page 27 as Reception No. 240634 and as defined
and described in the Condominium Declaration for The Tom Thumb Building Condominiums recorded
April 15, 1982 in Book 425 at Page 202 as Reception No. 240677 and the First Amended Condominium
Declaration recorded March 31, 1986 in Book 508 at Page 156 as Reception No. 276893
COUNTY OF PITKIN, STATE OF COLORADO
*FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION
ALTA Owner's Policy — Schedule A
Page I of I Policy Typist: tv
Estewart•
ALTA OWNER'S POLICY (6/17/06)
Name and Address of Title Insurance Company:
•
Order Number: 943563
SCHEDULE A
Stewart Title Guaranty Company
P.O. Box 2029
Houston, Texas 77252-2029
Prepared by: Colorado Regional Production Center
Title Officer: Linda Williams
Policy Number: 0-9301-1724841
Date of Policy: May 2, 2011 at 4:30 PM
(or the date of recording of the insured deed, whichever is later)
Amount of Insurance: $1, 800,000.00 Premium: $1,784.00
*Address Reference: 400 East Ilyman Avenue Unit C-201
Aspen, Colorado 81611
1. Name of Insured:
400 Hyman LLC, a Colorado limited liability company
2. The estate or interest in the land that is insured by this Policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
400 Hyman LLC, a Colorado limited liability company
4. The land referred to in this policy is described as follows:
Unit C-201
THE TOM THUMB BUILDING CONDOMINIUM
According to the plat thereof recorded in Plat Book 13 at page 27 as Reception No. 240634 and as defined
and described in the Condominium Declaration for The Tom Thumb Building Condominiums recorded
April 15, 1982 in Book 425 at Page 202 as Reception No. 240677 and the First Amended Condominium
Declaration recorded March 31, 1986 in Book 508 at Page 156 as Reception No. 276893
COUNTY OF PITKIN, STATE OF COLORADO
*FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION
ALTA Owner's Policy — Schedule A
Page I of I Policy Typist: tv
[�jstewart•
tale guaranty company
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE A
!� Name and Address of Title Insurance Company: Stewart Title Guaranty Company
P.O. Box 2029
Houston, Texas 77252-2029
Prepared by: Colorado Regional Production Center
Title Officer: Linda Williams
Order Number: 944017
Date of Policy: May 2, 2011 at 4:30 PM
(or the date of recording of the insured deed, whichever is later)
Amount of Insurance: $600,000.00
*Address Reference: 400 East Hyman Avenue Unit C-301
Aspen, Colorado 81611
1. Name of Insured:
400 Hyman LLC, a Colorado limited liability company
Policy Number: 0-9301-1724839
Premium: $1,572.00
2. The estate or interest in the land that is insured by this Policy is:
Fee Simple
-) 3. Title to the estate or interest in the land is vested in:
400 Hyman LLC, a Colorado limited liability company
4. The land referred to in this policy is described as follows:
Unit C-301
THE TOM THUMB BUILDING CONDOMINIUM
According to the plat thereof recorded in Plat Book 13 at page 27 as Reception No. 240634 and as defined
and described in the Condominium Declaration for The Tom Thumb Building Condominiums recorded
April 15, 1982 in Book 425 at Page 202 as Reception No. 240677 and the First Amended Condominium
Declaration recorded March 31, 1986 in Book 508 at Page 156 as Reception No. 276893
COUNTY OF PITKIN, STATE OF COLORADO
i
*FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION
ALTA Owner's Policy — Schedule A
Page 1 of 1 Policy Typist: tv
Fstewart°
L_J
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie, 970.429.2758 DATE: 05/24/11
PROJECT: 406 E. Hyman Ave, Tom Thumb building
REPRESENTATIVE: Paul Irwin, Ripple Design Studio
TYPE OF APPLICATION: Commercial Design Review, Certificate of Appropriateness, Growth
Management Review for Expansion or New Commercial Development,
Growth Management Review for New Free -Market Residential Units within a
Mixed -Use Project, Pedestrian Amenity variance, Subdivision
DESCRIPTION: The Tom Thumb building is a condominium with 12 commercial units and 3
residential units. Community Development has recently been asked to summarize the process for
demolition and replacement of the building area at the southwest corner of the site. When rebuilt, the
corner piece would have a slightly larger footprint and an additional floor level. Approximately 600
square feet of new net leasable space would be added, and a new free market unit would be added.
The subject building is located within the Commercial Core Historic District. All exterior changes require
a Certificate of Appropriateness as well as Commercial Design Review to be granted by the Historic
Preservation Commission (HPC). Within that process, HPC will address Parking and Pedestrian
Amenity Space. The project appears to require approval to reduce the amount of Pedestrian Amenity
that exists on the site. The new net leasable space requires additional on -site parking, which may be
paid as cash -in -lieu.
The applicant will need to receive Major (Conceptual) design review approval for the building remodel
prior to submitting for any other land use reviews. This initial application need not specifically address
the criteria found in Sections 26.470, 480, 540 and 610, listed below. However, the project must
accurately represent the applicant's intention to provide affordable housing mitigation on -site or off -site.
The HPC approval would have to be modified if the housing approach changes during the process in a
manner that affects architectural design.
Once approval is granted by the HPC, the owner may then apply for the necessary Growth Management
Reviews required for net leasable and free-market expansion.
The Growth Management reviews fall into the category of Major review at the Planning and Zoning
Commission. The applicant must apply for one of the 18 free market units generally available on an
annual basis. Applications are accepted only twice a year (February 15th and August 15th), and a
scoring component is part of the review process. In recent experience, there are adequate units
available annually to meet demand.
Among the approval requirements that must be met for the new free market unit is affordable housing
mitigation in the form of a 100% above grade Category 4 deed restricted unit that contains at least 30%
as much net livable area as the free market unit that is created. The project also requires affordable
housing to offset the new net leasable space. Affordable housing may be built on site, or may be in the
form of Affordable Housing Credits, purchased by the developer from a third party who has built
equivalent housing elsewhere in town.
The applicant must meet all dimensional requirements of the Commercial Core Zone district, including
FAR and height. An individual free market unit cannot be larger than 2,000 square feet of net livable
area. This 6,000 square foot lot can have no more than 3,000 FAR square feet of free market housing
•
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on -site in total. It appears from the condominium plat that the existing (free-market?) Units A301, A302,
and A303 amount to approximately'/2 of the allowable free market FAR on the site.
After Growth Management review, the project proceeds to Council for Subdivision/Condominiumization
review in order to create a separate ownership right for the units within the building.
HPC Major Development (Final) is the last review step.
Before proceeding, please meet with a planner to better understand the submission requirements.
An HPC land use application can be found at:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/form historic land use
app.pdf
A Planning land use application can be found at:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf
The design review guidelines can be found at:
http://www.aspenpitkin.com/Departments/Community-Development/PIanning-and-Zoning/Current-
Planning/
One last important consideration is that the application must contain a letter demonstrating that the land
use application has been authorized by the HOA/Condominium Association.
Land Use Code Section(s
26.304
Common Development Review Procedures
26.412
Commercial Design Review
26.415.070
Development Involving Designated Historic Property
26.415.070 C or D, certificate of Appropriateness for a Minor or Major
Development (depending on the scale of the project)
26.470
Growth Management Quota System
26.470.050 GMQS General Requirements
26.470.070(4) Affordable Housing
26.470.080(1) Major Planning and Zoning Commission
26.470.100 Calculations
26.470.110 GMQS Review Procedures
26.470.120 Community Objective Scoring Criteria
26.480
Subdivision
26.515
Parking
26.540
Certificate of Affordable Housing Credit
26.575.020
Calculations and Measurements
26.575.030
Public Amenity
26.610
Impact Fees
26.710.140
Commercial Core zone district
Review by: Community Development Staff for complete application
Public Hearing: Required at HPC, P&Z and Council
Planning Fees: $2,940, which includes twelve (12) hours of staff review time. Additional time will
be billed at $245 per hour. Less hours will be refunded at $245 per hour.
Housing Referral: $212
Engineering Referral: $212
Total Deposit: $3,576
Total Number of Application Copies:
(HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2),
To apply, submit the following information
= Total Deposit for review of application.
0 Pre -application Conference Summary.
O Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative authorized to
act on behalf of the applicant.
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
A site improvement survey including topography and vegetation showing the current status of
the parcel certified by a registered land surveyor, licensed in the State of Colorado.
0 A site plan depicting the proposed layout and the project's physical relationship to the land and
its surroundings.
0 Completed Land Use application and signed fee agreement.
0 An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
0 A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date: March 6, 2012
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0009.2012.ASLU — 400 E. Hyman, GMQS review. The
planner assigned to this case is Sara Adams.
❑ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Te
You,
r Phelan, Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes No2'--- Subdivision (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F.