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HomeMy WebLinkAboutagenda.hpc.20130522 ASPEN HISTORIC PRESERVATION COMMISSION REGULAR MEETING MAY 229 2013 CITY COUNCIL MEETING ROOM 130 S. GALENA ASPEN, COLORADO Please visit the sites on your own 5:00 INTRODUCTION A. Roll call B. Approval of minutes Ll-- /U C. Public Comments D. Commission member comments E. Disclosure of conflict of interest(actual and apparent) F. Project Monitoring G. Staff comments H. Certificates of No Negative Effect issued I. Submit public notice for agenda items OLD BUSINESS A. None. NEW BUSINESS 5:10 A. 233 W. Hallam- Conceptual Major Development, Relocation, Partial Demolition, Floor Area Bonus, Residential Design Standards Variances and Setback Variances, PUBLIC HEARING 6:20 B. 604 W. Main-Historic Landmark Lot Split, Demolition of Sheds, Setback Variances, PUBLIC HEARING 6:50 C. Marolt Parcel-Minor Development for Restoration/Reconstruction of Derrick, PUBLIC HEARING 7:20 D. 114 Neale Avenue- Final Major Development, PUBLIC HEARING WORKESSIONS 7:50 A. Select 2012 HPC awards 8:10 ADJOURN TYPICAL PROCEEDING- 1 HOUR, 10 MINUTES FOR MAJOR AGENDA ITEM,NEW BUSINESS Provide proof of legal notice (affidavit of notice for PH) Staff presentation(5 minutes) Board questions and clarifications (5 minutes) Applicant presentation(20 minutes) Board questions and clarifications (5 minutes) Public comments (close public comment portion of hearing) (5 minutes) Chairperson identified the issues to be discussed(5 minutes) HPC discussion(15 minutes) Applicant rebuttal (comments) (5 minutes) Motion(5 minutes) *Make sure the motion includes what criteria are met or not met. No meeting of the HPC shall be called to order without a quorum consisting of at least four (4) members being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote of a simple majority, but in no event less than three (3) concurring votes of the members of the commission then present and voting. PROJECT MONITORING- Projects in bold are currently under construction. Ann Mullins 217 E. Bleeker-Kribs 205 S. Spring-Hills Fox Crossing Red Butte Cemetery Boomerang Lift One 316 E. Hopkins AspenCore 623 E. Hopkins Jay Maytin 518 W. Main-Fornell Red Butte Cemetery 320 Lake 435 W. Main-AJCC 920 W. Hallam 28 Smuggler Grove Lift One 400 E. Hyman(Tom Thumb) 204 S. Galena Nora Berko 1102 Waters 332 W. Main 28 Smuggler Grove 1006 E. Cooper Jamie Brewster McLeod 518 W. Main-Fornell 205 S. Spring-Hills 302 E. Hopkins-Hillstone Restaurants 1102 Waters Sallie Golden 400 E. Hyman(Tom Thumb) 305 S. Mill(Above the Salt) Jane Hills 320 W. Hallam Street Willis Pember AspenCore Patrick Segal 623 E. Hopkins 204 S. Galena 612 W. Main M:\city\planning\hpc project monitoring\PROJECT MONITORING.doc 5/14/2013 AdP1 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner THRU: Amy Guthrie, Historic Preservation Officer RE: 233 W. Hallam Street- Conceptual Major Development, On-site relocation, Demolition, FAR Bonus, Variances, DATE: May 22, 2013 SUMMARY: The subject property is a 9,700 square feet lot that contains a heavily altered 1886 historic landmark with a large non-historic addition. The property is located on the corner of Hallam and Second Streets. The applicant proposes to remove the non-historic addition, to restore the landmark including relocation to its original location, and to construct a new detached single family residence and garage. The applicant requests Conceptual Major Development review, Relocation, Demolition, a 500 square feet FAR Bonus, a Setback Variance and Residential Design Standard Variances. HPC held a worksession for this project in April. Staff recommends that HPC continue the public hearing for a restudy of the mass of the new single family residence. APPLICANT: Solomon and Elizabeth Kumin, represented by DHR Architecture and Haas Land Planning. PARCEL ID:2735-124-35-001 ADDRESS: 233 West Hallam Street, Lots A, B and C, and the West 6.64 feet of Lot d, Block 50, City and Townsite of Aspen, Colorado. ZONING: R-6, Medium Density Residential, Historic Landmark MAJOR DEVELOPMENT (CONCEPTUAL) The procedure for a Major Development Review, at the Conceptual level, is as follows Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines The HPC may approve, disapprove, approve 1 P2 with conditions, or continue the application to-obtain additional information necessary to make a decision to approve or deny. Major Development is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) andlor addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. Staff Response: The applicant proposes to restore the historic landmark to its original ' location and appearance. 233 W. Hallam is one of the "three sisters" — identical .. Victorian era residences that sit in a row along Hallam Street. The applicant r proposes to use the adjacent buildings I` t (both of which have been altered) to guide the restoration of 233. There are no additions proposed to the historic landmark, only a subgrade basement with two lightwells are proposed. As such, Staff only addresses the new single family ' residence in the discussion below. Site Design: The property is located on a corner lot with two street frontages. The new single family residence is proposed to be in an L shape around the historic landmark. The new home is located at the 10 feet front yard setback line which aligns with the historic home. Staff finds that the location of the new home is appropriate and meets the R-6 zone district requirements. A two car garage and a carport with trellis roof are proposed behind the historic landmark. Both features are detached from the landmark however they create a backdrop behind the historic building as viewed from Hallam Street. The applicant proposes to relocate the historic home on a new basement with two lightwells along the west elevation. Staff is concerned about the impact of the proposed stone veneer and stone cap of the lightwell closest to the front facade of the landmark and recommends that the lightwell closest to Hallam Street be shifted to the south (rear) of the property, away from the front facade. 2 P3 Staff is concerned that the prominent front door and entry area of the new house is accessed off of Second Street, rather than Hallam Street. Traditionally, and according to the Land Use Code, the front yard faces Hallam Street. Staff recommends that the primary entry be relocated from Second Street to Hallam Street to be consistent with the rest of the block and meet Guidelines 11.2 and 11.4. 11.2 In a residential context, clearly define the primary entrance to a new building by using'a front porch. • The front porch should be "functional," in that it is used as a means of access to the entry. • A new porch should be similar in size and shape to those seen traditionally. In some cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. Mass/Scale: The proposed mass along Hallam Street, adjacent to the historic resource, is much larger than the historic home. The use of gable roof forms and vertical modules mimic the historic home (Guideline 11.6); however the scale of the new residence dwarfs the historic landmark. In addition to the Hallam Street facade, Staff is concerned about the mass of the Second Street facade and finds that it does not meet Guideline 11.3 and 11.5. The Second Steet facade is one 80 feet long gable roof with only two oversized dormers, a trellis/pergola feature, and a small gable roof to break up the mass. A two car garage and a two car carport are proposed behind the historic landmark. The mass and scale of the garage is almost the same width and height as the historic landmark. Staff is concerned about the proposed mass overwhelming the lot. Staff is also concerned about the proposed trellis/pergola feature that wraps around the house along Hallam and Second Streets, and connects the residence to the garage. The amount of trellis/pergola and the heavy stone piers proposed, specifically the Hallam Street elevation, are not appropriate for a historic landmark property and do not meet Guidelines 11.4 and 11.9. Hei t: The proposed height of the new residence meet R-6 zone district requirements. The front most gable of the new residence along Hallam Street is similar in height to the historic home; however the majority of the new residence is much taller than the landmark including oversized, heavy stone chimneys: the historic landmark is 19'6" and the new residence is 24'. Staff is very concerned about the height of the new residence and the negative impact on the historic landmark. Overall, Staff finds that the proposed residence is not subordinate to the historic landmark in terms of mass, scale, proportion and height and recommends that the applicant restudy the residence along both Hallam and Second Streets to highlight the historic home rather than distract from it. While this is an issue for Final Review, staff recommends that the applicant look at more traditional porches to replace the proposed trellis/pergola to better relate to the historic home but not imitate a historic Victorian. Both the mass and the height of the new residence overwhelm the landmark and relegate it to a secondary structure on the lot which is contrary to the guidelines below: 3 P4 11.3 Construct a new building to appear similar in scale with the historic buildings on the parcel. ❑ Subdivide larger masses into smaller "modules" that are similar in size to the historic buildings on the original site. 11.4 Design a front elevation to be similar in scale to the historic building. ❑ The primary plane of the front should not appear taller than the historic structure. ❑ The front should include a one-story element, such as a porch. 11.5 Use building forms that are similar to those of the historic property. ❑ They should not overwhelm the original in scale. 11.6 Use roof forms that are similar to those seen traditionally in the block. ❑ Sloping roofs such as gable and hip roofs are appropriate for primary roof forms. ❑ Flat roofs should be used only in areas where it is appropriate to the context. ❑ On a residential structure, eave depths should be similar to those seen traditionally in the context. 11.9 Use building components that are similar in size and shape to those of the historic property. ❑ These include windows, doors and porches. ❑ Overall, details should be modest in character. 11.10 The imitation of older historic styles is discouraged. ❑ This blurs the distinction between old and new buildings. ❑ Highly complex and ornately detailed revival styles that were not a part of Aspen's history are especially discouraged on historic sites. ON-SITE RELOCATION The intent of this Chapter is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical relationship to their surroundings as well as their association with events and people with ties to particular site. However, it is recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. The following standards apply for relocating a historic property as per Section 26.415.090.0 of the Municipal Code: C. Standards for the Relocation of Designated Properties Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1. It is considered a non-contributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on.the historic district or property; or 4 P5 3. The owner has obtained a Certificate of Economic Hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. Staff Response: The applicant proposes to return the historic landmark to its original location according to historic Sanbome Fire Insurance Maps. Staff is supportive of the proposed relocation and the restoration of the relationship between the other landmarks in the block. Staff finds that criterion 4 of the first section and criteria 1 —3 of the second section above are met. Staff requests more information about the type, profile and material of the foundation wall to meet Guideline 9.5. Staff also recommends that the applicant provide proof from a contractor or engineer that the building is sound enough to be relocated to meet Guideline 9.1. 9.1 Proposals to relocate a building will be considered on a case-by-case basis. ❑ In general, relocation has less of an impact on individual landmark structures than those in a historic district. ❑ It must be demonstrated that relocation is the best preservation alternative. ❑ Rehabilitation of a historic building must occur as a first phase of any improvements. ❑ A relocated building must be carefully rehabilitated to retain original architectural details and materials. ❑ Before a building is moved, a plan must be in place to secure the structure and provide a new foundation,utilities, and to restore the house. • The design of a new structure on the site should be in accordance with the guidelines for new construction. • In general, moving a building to an entirely different site or neighborhood is not approved. 9.5 A new foundation should appear similar in design and materials to the historic foundation. ❑ On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a modest miner's cottage is discouraged because it would be out of character. ❑ Where a stone foundation was used historically, and is to be replaced, the replacement should be similar in the cut of the stone and design of the mortar joints. 5 P6 DEMOLITION It is the intent of this Chapter to preserve the historic and architectural resources that have demonstrated significance to the community. Consequently no demolition of properties designated on the Aspen Inventory of Historic Landmark Site and Structures will be allowed unless approved by the HPC in accordance with the standards set forth in this Section. The HPC shall review the application, the staff report and hear evidence presented by the property owners, parties of interest and members of the general public to determine if the standards for demolition approval have been met. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: a. The property has been determined by the City to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area. Staff Response: The applicant proposes to remove a non-historic addition that was added in the 1950s. Staff is supportive of removing the non-historic additions to the landmark and finds that the review criteria are met. FAR BONUS In selected circumstances, the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design of the project meets all applicable design guidelines; b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building; c. The work restores the existing portion of the building to its historic appearance; d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; e. The construction materials are of the highest quality; 6 P7 f. An appropriate transition defines the old and new portions of the building; g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. Staff Response: According to a letter from the property owner in 1992, the historic home was completely remodeled in 1956/57 and the only historic material that remains is the framing. Staff applauds the proposed effort to restore the historic home; however there are a few aspects of the restoration that need to be addressed in order to meet criterion c - that the work restore an existing portion of the building to its historic appearance. The proposed windows in the historic home are not the correct proportion (they are too square and should be more rectangular), which is a detail that HPC may decide to address at Final Review. Staff also recommends that the applicant restore the dormers that are seen in the photographs below. Unfortunately, Staff cannot locate any historic photographs of 233 Hallam. The photographs below are the residence immediately adjacent to 233, but they are the best guide to its restoration. yr'. Staff finds that criteria a, b and d are not met and is not supportive of the requested 500 square feet FAR Bonus. The proposed new residence does not meet the design guidelines and, in Staff's opinion, needs to be restudied in order to warrant an FAR Bonus. The proposed restoration of the historic home needs to include the dormers on the side elevations and a restudy of the window proportions. In addition, the mass and scale of the new residence overshadows the restoration effort and needs to be more subordinate to the historic residence. SETBACK VARIANCES In granting a variance, the HPC must make a finding that such a variance: a. Is similar to the pattern, features and character of the historic property or district; and/or 7 P8 b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Response: The applicant proposes a 7 feet side yard setback, where 10 feet is required. According to the Sanborne Map, the applicant proposes to restore the original location of the historic home. Staff is supportive of the setback variance and finds that criterion b is met in that the variance enhances the historic significance of the property and adjoining historic landmarks along Hallam Street. RESIDENTIAL DESIGN STANDARDS 26.410.040.D.1.b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6') feet, shall be part of the front facade.Entry porches and canopies shall not be more than one(1) story in height. 26.410.040.D.2.First story element.All residential buildings shall have a first story street-facing element the width of which comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded. All Residential Design Standard Variances, Pursuant to Land Use Code Section 26.410.020(D)(2)must: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Response: The applicant proposes to restore the landmark to its original condition. Staff is supportive of the Residential Design Standard Variances for the historic home. Staff Recommended points of discussion: 1) Site design a. Shift lightwell away from the front facade of the historic home. b. location of the primary front door for the new single family home. 2) Mass/Scale/Height 8 P9 a. Restudy proportions of front fagade of new home to better relate to landmark. b. Break up the mass and scale of the Second Street elevation of new home. c. Reduce mass and scale of the garage. d. Replace the trellis/pergola with a more traditionally inspired front porch feature. 3) Relocation a. Specify the foundation profile,material, style for the historic home. 4) Partial Demolition 5) FAR Bonus a. Staff recommends adding the two dormers to the side elevations as shown in the photographs of the adjacent residence. b. Staff recommends that the window proportions on the historic home be restudied using the photographs of the adjacent residence. c. Staff finds that the project does not meet the design guidelines and recommends restudy to warrant a 500 square feet FAR Bonus. 6) Sideyard Setback Variance a. Staff is supportive of the variance in that it restores the landmark to its original location. 7) 2 Residential Design Standard Variances a. Staff is supportive of the variances for the historic home. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends HPC continue the application to a date certain for a restudy of the project. Exhibits: A. Relevant HPC Guidelines B. Application Exhibit A: Relevant HPC Design Guidelines, Conceptual Review 8.3 Avoid attaching a garage or carport to the primary structure. ❑ Traditionally, a garage was sited as a separate structure at the rear of the lot; this pattern should be maintained. Any proposal to attach an accessory structure is reviewed on a case- by-case basis. 9.1 Proposals to relocate a building will be considered on a case-by-case basis. 9 P10 ❑ In general,relocation has less of an impact on individual landmark structures than those in a historic district. ❑ It must be demonstrated that relocation is the best preservation alternative. • Rehabilitation of a historic building must occur as a first phase of any improvements. • A relocated building must be carefully rehabilitated to retain original architectural details and materials. • Before a building is moved, a plan must be in place to secure the structure and provide a new foundation,utilities, and to restore the house. ❑ The design of a new structure on the site should be in accordance with the guidelines for new construction. ❑ In general,moving a building to an entirely different site or neighborhood is not approved. 9.3 If relocation is deemed appropriate by the HPC, a structure must remain within the boundaries of its historic parcel. ❑ If a historic building straddles two lots, then it may be shifted to sit entirely on one of the lots. Both lots shall remain landmarked properties. 9.4 Site the structure in a position similar to its historic orientation. • It should face the same direction and have a relatively similar setback. • It may not, for example,be moved to the rear of the parcel to accommodate a new building in front of it. 9.5 A new foundation should appear similar in design and materials to the historic foundation. ' • On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a modest miner's cottage is discouraged because it would be out of character. • Where a stone foundation was used historically, and is to be replaced, the replacement should be similar in the cut of the stone and design of the mortar joints. 9.6 When rebuilding a foundation, locate the structure at its approximate historic elevation above grade. ❑ Raising the building slightly above its original elevation is acceptable. However, lifting it substantially above the ground level is inappropriate. ❑ Changing the historic elevation is discouraged, unless it can be demonstrated that it enhances the resource. 11.1 Orient the primary entrance of a new building to the street. ❑ The building should be arranged parallel to the lot lines, maintaining the traditional grid pattern of the site. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. • The front porch should be "functional," in that it is used as a means of access to the entry. • A new porch should be similar in size and shape to those seen traditionally. 10 P11 ❑ In some cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. 11.3 Construct a new building to appear similar in scale with the historic buildings on the parcel. ❑ Subdivide larger masses into smaller "modules" that are similar in size to the historic buildings on the original site. 11.4 Design a front elevation to be similar in scale to the historic building. ❑ The primary plane of the front should not appear taller than the historic structure. ❑ The front should include a one-story element, such as a porch. 11.5 Use building forms that are similar to those of the historic property. ❑ They should not overwhelm the original in scale. 11.6 Use roof forms that are similar to those seen traditionally in the block. ❑ Sloping roofs such as gable and hip roofs are appropriate for primary roof forms. ❑ Flat roofs should be used only in areas where it is appropriate to the context. • On a residential structure, cave depths should be similar to those seen traditionally in the context. • Exotic building and roof forms that would detract from the visual continuity of the street are discouraged. These include geodesic domes and A-frames. 11.9 Use building components that are similar in size and shape to those of the historic property. ❑ These include windows, doors and porches. • Overall, details should be modest in character. 11.10 The imitation of older historic styles is discouraged. ❑ This blurs the distinction between old and new buildings. ❑ Highly complex and ornately detailed revival styles that were not a part of Aspen's history are especially discouraged on historic sites. 11 EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE COD ADDRESS OF PROPERTY: 23 L.J- H c,[(Q.r),q ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: We,Jties da! &7aV Zz ,20 /S STATE OF COLORADO ) ss. County of Pitkin ) n I, V064 U/drok fo7 Ann Paa� �� plQnn (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: 'tb�*OY Publication of notice: By the publication in the legal notice section of an official l"tY paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. / Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Slid notice was posted at least fifteen(15) days prior to the public hearing on the2 day of Ma , 20/3, to and including the date and time of the public hearing. A hotograph of the posted notice (sign) is attached hereto. I 1 'Y(ir ^,I'4 �7T' Nf f?IL�'� VII'Mailing of notice. By the mailing of a notice obtained from the Communit$ Development Department, which contains the information described in Sectio>,h 26.304.060(E)(2) of the Aspen Land Use Code. ,At least fifteen (15) day;�; riorti the public hearing, notice was hand delivered or mailed by first class postag� 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) f. —� turn receipt - Mineral Estate Owner Notice. By the certified mailing of notice, re requested,to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. NIA Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. off. C jWnature The foregoing "Affidavit of Notice"was acknowledged before me this 2Z day of � , 20_a, by `o b ,TA r-o b S�- WITNESS MY HAND AND OFFICIAL SEAL CAITLIN STROTHER DOYLE NOTARY PUBLIC My commission expires: -2 n STATE OF COLORADO NOTARY ID 20124057288 MY COMMISSION EXPIRES SEPT.4,2016 W Notary Publi ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: 233 W. HALLAM STREET- CONCEPTUAL MAJOR DEVELOPMENT, RELOCATION,PARTIAL DEMOLITION,FAR BONUS AND VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 22, 2013, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, in Council Chambers, City Hall, 130 S. Galena St., Aspen. HPC will consider an application submitted by DHR Architects, on behalf of owners Solomon and Elizabeth Kumin, 72 Cummings Point Rd., Stamford, CT 06902. The applicant requests Conceptual Major Development, Relocation, Demolition, a 500 square foot FAR Bonus and Variances to relocate, partially demolish and restore the historic home located at 233 W. Hallam and construct a new detached single family residence. Three Residential Design Standard Variances are requested for the historic home regarding the size and depth of the front porch and secondary mass. A 3 feet east side yard setback variances is requested for the historic home where 7 feet is provided and 10 feet is required. The property is legally described as Lots A, B and C, and the west 6.64 feet of Lot D, Block 50, City and Townsite of Aspen, PID 9 2735-124-35-001. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2778, sara.adams @cityofaspen.com. s/Ann Mullins Chair,Aspen Historic Preservation Commission Published in the Aspen Times on May 2,2013 City of Aspen Account Easy Pec10 Labels i ♦ Bend along line to I AVERVO 51600 Use Avery®Template 51600 Feed Paper expose Pop-up EdgeTM j 1 201 WEST HALLAM HOLDINGS LLC 212 N SECOND ST LLC 323 W HALLAM LLC 10% 500 S DIXIE HWY#201 509 GUISANDO DE AVILA#201 201 N MILL ST#203 CORAL GABLES, FL 33146 TAMPA, FL 33613 ASPEN, CO 81611 330 WEST BLEEKER STREET LLC ARGON LLC ASPEN DRAGONFLY PARTNERS II LLC PO BOX 2028 533 E HOPKINS AVE 3RD FL 405 PARK AVE 6TH FL ASPEN, CO 81612 ASPEN, CO 81611 NEW YORK, NY 10022 BERMAN RONALD REV TRUST BLANK JEFFREY C TRST 2 FBO 40% BLANK JEFFREY C TRST 3 FBO 50% 27 N WACKER DR#518 201 N MILL ST#203 JOHNSON&REPUCCI LLP CHICAGO, IL 60606 ASPEN, CO 81611 2521 BROADWAY STE A BOULDER, CO 80304 BLEVINS J RONALD& PHYLLIS M BRADLEY EDWARD W&JANIE G CITY OF ASPEN 310 W BLEEKER ST 3002 S LIPSCOMB ATTN FINANCE DEPT ASPEN, CO 81611 AMARILLO,TX 79109 130 S GALENA ST ASPEN, CO 81611 DEWOLF MARGARET LEE TRUST 81% DH ASE LLC DILLON DEE E 223 W BLEEKER ST 2711 CENTERVILLE RD#400 1044 ROOKWOOD DR ASPEN, CO 81611 WILMINGTON, DE 19808 CINCINNATI, OH 45208 DOUBLE D CONDO ASSOC ELKINS LESLIE KEITH TRUST GLICKMAN ADAM 300 W BLEEKER ST 1001 FANNIN#700 PO BOX 1207 ASPEN, CO 81611 HOUSTON, TX 77002 ASPEN, CO 81612 GUNGOLL CARL E EXPLORATION LLC HOUSTON TRUST CO JOSEPH RUSSELL C&ELISE E 6 NE 63RD ST#300 1001 FANNIN#700 3257 INWOOD DR OKLAHOMA CITY, OK 73105 HOUSTON,TX 77002 HOUSTON, TX 77019 KETTELKAMP GRETTA M KINNEY STEPHEN J &SUSAN M LANDEN DIANE NOLAN 3408 MORRIS AVE 136 E MICHIGAN AVE#1201 202 WEST 19TH ST PUEBLO, CO 81008 KALAMAZOO, MI 49007 ELDORADO,AR 71730 M D W ENTERPRISES INC MELVIN JAMES R JR& ISABEL MOORE DIANE 233 W BLEEKER ST 304 W HALLAM AVE 303 W FRANCIS ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MULKEY DAVID A& LAURA NATHAN REVOCABLE TRUST NOLAN WILLIAM C III 2860 AUGUSTA DR 718 N LINDEN DR 202 WEST 19TH ST LAS VEGAS, NV 89109 BEVERLY HILLS, CA 90210 ELDORADO,AR 71730 Etiquettes faciles a peler ; Repliez a la hachure afin de www.averycom Utilisez le gabarit AVERYO 51600 i rhaenumcnt reveler!e rebord Pop_UpTM ; 1-800-GO-AVERY ; Easy Pee10 Labels i ♦ Bend along line to I AVERY®51600 Use Avery®Template 51600 j Feed Paper expose Pop-up Edge TM ® 1 PEARLSTONE ESTHER S PESIKOFF DAVID&SARAH POTVIN FAMILY TRUST PO BOX 8750 1811 NORTH BLVD 320 W BLEEKER ST ASPEN, CO 81612 HOUSTON, TX 77098 ASPEN, CO 81611 SANDS KINNEY LP SAX JOEL SEWELL CARL&PEGGY 307 W FRANCIS ST 303 W FRANCIS ST 3860 W NORTHWEST HWY#102 ASPEN, CO 81611 ASPEN, CO 81611 DALLAS,TX 75220 SKILOFT LLC STEVENS BRUCE 95.75% STILWELL REED&CLAIRE 11 GREENWAY PLAZA#2000 214 W BLEEKER ST 191 UNIVERSITY BLVD#714 HOUSTON,TX 77046 ASPEN, CO 81611 DENVER, CO 80206 TOLER MELANIE S TRUST TYROL APARTMENTS LLC VIBA LLC 6400 S CLIPPINGER DR 200 W MAIN ST PASEO DE PRIMACERAS 20-9 CINCINNATI, OH 45243 ASPEN, CO 81611 CUAJIMALDA DE MORELOS 05127 MEXICO DF, VICENZI GEORGE A TRUST WELLS JONATHAN R&JANE I WEST HALLAM LLC PO BOX 2238 15 E 26TH ST 2901 SW 149 AVE STE 400 ASPEN, CO 81612 NEW YORK, NY 10010 MIRAMAR, FL 33027 WEST PHILLIP N&SUSAN J TRUSTEES WHIPPLE RALPH U&LYNNE C 1674 LAS CANOAS RD 24 MIDDLE DR SANTA BARBARA, CA 93105 PLANDOME, NY 11030-1415 Etiquettes faciles a peler ; A Repliez a la hachure afin de; www.avery.com Utilisez le gabarit AVERY@ 51600 i Sens de r6v6ler le rebord Po -u T"^ ' 1-800-GO-AVERY ' rhnrnomanfi P P i �1- �ea 4 PUBLIC NOTICE Date: Wed Nlay 22 2013 Time: 5pm Place: Council Chambers, Aspen City Hall,130 S Galena St Purpose: .. HPC is asked to review Conceptual Major Development Relocation, Demolition FAR Bonus. & Variances to restore the historic home & build a new detached residence Three Residenwal Design Standard Variances regarding porches and secondary mass, and a 3 ft east side yard setback variance is requested for the historic home. The applicants are Solomon and Elizabeth Kumin 3 72 Cummings Point Rd Stamtord. CT 46920 rePres>~nted by DHR Architects and Haas Land Planning LLC The Property address is 233 West description is Street and its leg al iPtion Lots A B and C, and the west ck 6 64 feet of Lot D, Bl ate of City & Townsite Aspen Coloradan Parcel i0 2735-'124-35-001 For more information Please contact Aspen Planning Office - 970t92015090 or en cam Sara ada,_,S@CityofasP AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: /- �3Z i1y . .Ak_/ r,, m Ef— , Aspen, CO SCHEDULED PUBLIC BEARING DATE: 22. , 201 j STATE OF COLORADO ) ss. . County of Pitkin ) ss (name, please print) being or representing an Applicant to the City-of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: i I Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice.; By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted nonce (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) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice" was acknowledged before me this day of I`'t-- , 20L2 by �� PUBLIC NOTICE HAND AND T RE: 233 W '0" STREET-CONCEPTUAL ;T 7IT NI S'S MY HAND A `VD OFFICIAL SEAL MAJOR DE LOPMENT,RELOCATION,PAR- YV l l l�ll� TIAL DEMO LITTON,FAR BONUS AND VARI- ANCES , �Y ,�,� NOTICE IS HEREBY GIVEN that a public hearing rl;i•••...: will be held on Wednesday,May 22,2013,at a ••��� My commission expires: ?-z-2 2�l�{ meeting to begin at 5:00 p.m.before the Aspen '� Historic Preservation Commission,in Council . ` Chambers,City Hall,130 S.Galena St.,Aspen. ��y�aA�, ° HPC will consider an application submitted by DHR' + C Architects,on behalf of owners Solomon and Eliz-0,J1,JNING e abeth Kumin,72 Cummings Point Rd.,Stamford, otary Public CT 06902. The applicant requests Conceptual ••� ar Mal or Development,Relocation,Demolition,a 500, o•o°..,,_ square toot FAR Bonus and Variances to relocate , oV,a`T_ partially demolish and restore the historic home Io- �+�„ _ cated at 233 W.Hallam and construct a new de- tached single family residence. Three Residential Design Standard Variances are requested for the ` historic home regarding the size and depth of the n EzpirBS 03!2912014 _ front porch and secondary mass. A 3 feet east side yard setback variances is requested for the historic home where 7 feet is provided and 10 feet is required. The property is legally described as Lots A,B and C,and the west 6.64 feet of Lot D, ATTACHMENTS AS APPLICABLE• Block 50,City and Townsite of Aspen,PID# T7'() /-v Sara A24-35-001.For further of As en Community De- TTY PUBLICATION DLILATION Sara Adams at the City of Aspen Community en, H n. velopment Department,130 S.Galena St.,Aspen, s a. ' 9 7 ° ] 4 2 s - 2 ' ' 6 ' �APH OF THE POSTED NOTICE (SIGN) sara.adams�ciryofaspen.com. s/AnnMullins OWNERS AND GOVERNMENT AGENGIES NOTIED _ Chair,Aspen Historic Preservation Commission Published in the Aspen Times Weekly on May 2, 2013.[9142408] - � j..tvT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 EXHIBM-Ft— RE: 233 W. HALLAM STREET Because we are unable to be in Aspen for the public hearing tonight, we submit this letter to Sara Adams to be read for us. We have owned our home at 215 W. Hallam Street since 1992, longer than any other residents on the block. During the last twenty-one years our block has changed drastically. All of the nice elderly neighbors have died or sold their homes to retire elsewhere. At least three properties have been demolished and replaced. In most cases the new structures have maintained the character of the West End neighborhood beautifully. We have studied the proposed plans for 233 W. Hallam and are pleased that the historic structure will be restored. A worry for us is the size of the proposed main house at 233 W. Hallam. We oppose the 500 square foot FAR Bonus and Variance requested on the basis that a very large home in that location will only further detract from the charming and historic character of our block and neighborhood. Respectfully submitted, Phillip and Susan West P13 MEMORANDUM 50 TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: 604 West Main Street- Historic Landmark Lot Split, Demolition and Setback Variances- Public Hearing DATE: May 22, 2013 SUMMARY: The subject property is located within the Main Street Historic District and contains numerous structures: a late 19th century Victorian miner's cottage that currently functions as an office, a 19th century carriage house(now used as a garage), a carport, a cabin and a shed (both built around 1950) and a small shed constructed more recently. The miner's cottage has undergone significant alterations over the years including the removal of the original front porch and the removal and infilling of many original windows. The carriage house has also undergone alterations. Both buildings do however retain their historic scale and contribute to the historic district. In 2005, the applicant received approval for a Historic Landmark Lot Split,but never filed a plat to finalize the subdivision. A mixed-use redevelopment for the site was also approved, but not built due to the economic downturn. The applicant now proposes to return to the lot split concept. A 3,000 square foot parcel will be created on the west side of the Victorian. The right to develop a single family home on this site will be converted into 7 TDRs, to be landed elsewhere in town. Only approximately 170 square feet of buildable area will be left on the lot. The remaining 6,000 square foot parcel will contain the Victorian structures. All but approximately 25 square feet of remaining development rights will also be removed from this parcel and sold as 5 TDRs. HPC is asked to make a recommendation to City Council regarding the Historic Landmark Lot Split. Council is the decision-making authority on both the lot split and the establishment of TDRs. HPC is asked to approve demolition of the cabin, sheds, and carport. The demolition may not occur immediately,because the buildings are in use(in particular, the cabin is rented as office space.) For the time that they remain on the site,HPC is asked to approve setback variances. Staff recommends that the Historic Landmark Lot Split be supported. Staff recommends that HPC approve the demolition and setback variance requests. 1 P14 APPLICANT: 604 West LLC,Neil Karbank,represented by Alan Richman Planning Services. PARCEL ID:2735-124-44-008. ADDRESS: 604 West Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen, Colorado. ZONING: MU, Mixed Use. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet Section 26.480.030(A)(2) and (4) and Chapter 26.470. Growth Management where applicable. 26.480.030(A)(2),SUBDIVISION EXEMPTIONS,LOT SPLIT All of the following conditions must be met: a. The land is not located in a subdivision approved by either the Board of County Commissioners or the City Council or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Finding: The property is in the original townsite. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying Zone District. Any lot for which development is proposed will mitigate for affordable housing pursuant to Chapter 26.470. Staff Finding: The application proposes two lots, both of which conform to the MU zone district. c. The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Chapter 26.470. Staff Finding: The has not made use of a subdivision exemption or lot split exemption. d. A subdivision plat which meets the terms of this Chapter and conforms to the requirements of this Title, is submitted and recorded in the office of the County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding: The subdivision plat shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. 2 P15 e. The subdivision exemption agreement and plat shall be recorded in the office of the County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. f. In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Staff Finding: The cabin, sheds and carport may remain in place up until the time that the floor area covering them is converted into executed TDR certificates. This will allow them to remain in use, particularly the cabin that is rented out as office space. The only exception is the smallest of the sheds, which appears to straddle the lot line with 612 W. Main and must be removed before the plat is filed. g. Maximum potential residential build-out for the two (2)parcels created by a lot split shall not exceed three(3).units, which may be composed of a duplex and a single-family home. Staff Finding: The transferable development rights for the site will be based on a single family use on each of the two lots. 26.480.030(A)(4),SUBDIVISION EXEMPTIONS,HISTORIC LANDMARK LOT SPLIT All of the following conditions must be met: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, C-1 or MU Zone District. Staff Finding: The subject parcel is 9;000 square feet and is located in the MU Zone District. b. The total FAR for each lot shall be established by dividing the allowable floor area for a duplex or two detached residences on the fathering parcel according to the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. When the property is redeveloped with any allowed uses other than single family or duplex residential, refer to the Zone District for allowable FAR on each lot. Staff Finding: The property is zoned mixed-use and therefore has a maximum floor area of up to 9,000 square feet. TDRs can only be established based on the residential development potential of the site, which is a lower square footage, in this case half of the mixed-use potential. The 3,000 square foot lot is eligible for 1,920 square feet of residential floor area, or 7TDRs after the cabin and shed on the site are removed. The 6,000 square foot lot is eligible for 2,592 square feet of floor area, or 5 TDRs after the shed and carport on the site are removed. 3 P16 In spite of the floor area calculation being based on residential potential, the buildings on the site can continue to be used as permitted in the zone district, including functioning as office space. c. The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Chapter 26.415 as benefits for historic preservation are only permitted on the parcels that contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. Staff Finding: The development will meet the dimensional requirements of the zone district except for setback variances that are requested within the authority of the HPC. The proposed lot split creates one new setback encroachment. The cabin on the new 3,000 square foot lot will be 3' from the new lot line instead of 5'. HPC is asked to grant a variance to allow the building to stay in place. HPC is also asked to legalize the setback encroachments of the alley shed, garage and carport. The criteria for granting setback variances, per Section 26.415.110.0 of the Municipal Code are as follows: HPC must make a finding that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff recommends that a 2' west yard setback variance be granted on the new 3,000 square foot lot, so that the existing cabin can be left in place, while the new lot line follows the historic 30' x 100' configuration. Staff recommends HPC grant a 5' rear yard setback variance for the shed and garage on the 6,000 square foot lot and a 5' east sideyard setback variance for the garage and carport. Staff recommends all variances be approved to address existing conditions. DEMOLITION The applicant proposes to eventually demolish the cabin, sheds and carport. All are pictured on the following page. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, C. The structure cannot practically be moved to another appropriate location in Aspen, or 4 P17 d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally,for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity.of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area. a I l Above: Recently constructed shed. Crosses property line with 612 W. Main I� ;l.. Above and left: 50s cabin :a P18 Right: carport attached to south side of carriage house ` - [r Left: 50s shed i Staff Response: Staff finds that criterion d, no documentation exists to support or demonstrate that the cabin, sheds or carport have historic, architectural, archaeological, engineering or cultural significance, is met. The subject buildings do not represent Aspen's mining era, nor are they historically important examples of 20th century development. The applicant will retain the Victorian era carriage house on the site, so the tradition of small alley structures will be maintained. Staff finds that the criteria are met for demolition and recommends approval. The 50s shed and cabin do create life along the alley and are very much in character with Aspen's neighborhoods. The applicant could request a floor area bonus in the future as an opportunity to keep the buildings if desired. DECISION MAKING OPTIONS: The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. 6 P19 RECOMMENDATION: Staff recommends that HPC support the Historic Landmark Lot Split, Demolition and Setback Variances with the following conditions: 1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing the property into a 3,000 square foot lot and a 6,000 square foot lot. The applicant has represented that unused development rights will be converted to TDRs, if approved by City Council, and sold. 2. HPC approves demolition of the cabin, the shed along the alley and the carport. These buildings may remain in place until the time that TDRs are executed, removing the floor area that covers the structures. The more recent small shed crosses a property line and must be removed before the plat is filed. 3. HPC grants a 2' east sideyard setback reduction of the cabin on the 3,000 square foot lot. HPC grants a 5' rear yard setback reduction for the alley structures on the 6,000 square foot lot and a 5' east sideyard setback reduction for the garage and carport. 4. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance,the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,pertaining to the following described property: 604 West Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules,regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 7 P20 Exhibits: Resolution# , Series of 2013 A. Application 8 P21 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT AND GRANTING APPROVAL FOR DEMOLITION OF SHEDS AND APPROVAL OF SETBACK VARIANCES FOR THE PROPERTY LOCATED AT 604 W. MAIN STREET,LOTS Q,R,AND S, BLOCK 24, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION#_SERIES OF 2013 Parcel ID #:2735-124-44-008 WHEREAS, the applicant, 604 West LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split, Demolition of sheds, and Setback Variances for the property located at 604 West Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen,Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the application shall meet the requirements of Aspen Municipal Code Section 26.480.030; and WHEREAS, in order to demolish structures on a designated property, the application shall meet the requirements of Section 26.415.080.A.4; and WHEREAS, in order to receive approval for setback variances, the application shall meet the requirements of Section 26.415.110.C.La, Variances; and WHEREAS, Amy Guthrie, in her staff report dated May 22nd, 2013, performed an analysis of the application based on the standards, and recommended the application be approved with conditions; and WHEREAS, at a regular meeting held on May 22nd, 2013, the Historic Preservation Commission considered the application, found the application to meet the standards, and approved the application by a vote of_to_ NOW THEREFORE, BE IT RESOLVED: HPC supports Council approval of the Historic Landmark Lot Split and grants Demolition and Setback Variances with the following conditions: 1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing the property into a 3,000 square foot lot and a 6,000 square foot lot. The applicant has represented that unused development rights will be converted to TDRs, if approved by City Council, and sold. 2. HPC approves demolition of the cabin, the shed along the alley and the carport. These buildings may remain in place until the time that TDRs are executed, removing the floor area that covers the structures. The more recent small shed crosses a property line and must be removed before the plat is filed. 1 P22 3. HPC grants a 2' east sideyard.setback reduction of the cabin on the 3,000 square foot lot: HPC grants a 5' rear yard setback reduction for the alley structures on the 6,000 square foot lot and a 5' east sideyard setback reduction for the garage and carport. 4. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 604 West Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 2 P23 APPROVED BY THE COMMISSION at its regular meeting on the 22nd day of May, 2013. Approved as to Form: Debbie Quinn, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Jamie Brewster MacLeod,Acting Chair ATTEST: Kathy Strickland, Chief Deputy Clerk 3 P24 ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-112 March 19, 2013 Ms. Amy Guthrie, Historic Preservation Officer City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: ADDENDUM TO LAND USE APPLICATION SUBMITTED FOR 604 WEST MAIN STREET Dear Amy, Based on our recent discussions, I am hereby submitting an addendum to the land use application recently submitted by 604 West LLC for the property at 604 West Main Street, to respond to two Land Use Code sections that were not addressed in the original application. These sections are as follows: Sec. 26.415.080.A: Demolition of Designated Historic Properties; and Sec. 26-415.110.C: Variances. Following are the applicant's responses to these Code provisions. Demolition of Non-Contributing Structures The applicant proposes to demolish three non-contributing structures that are located on the property. These structures are identified in the application as the cabin (approximately 459 sq. ft.), the larger shed (approximately 271 sq. ft.), and the smaller shed (approximately 80 sq. ft.). Section 26.415.080 A.4 of the Land Use Code contains the standards addressing the demolition of structures on a historic landmark property. This section states that demolition shall be approved if the application meets any one of the following criteria: a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, P25 Ms. Amy Guthrie March 19, 2013 Page Two b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure; C. The structure cannot practically be moved to another appropriate location in Aspen; or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering, or cultural significance. Response: The historic significance of this landmark is due to the presence of the Wylie Residence and the garage building, both of which are 1890's era structures. According to the City's Architectural Inventory Form for this property, the cabin and the larger shed are more recent structures, likely added in the 1950's, while the smaller shed was installed on the property within the last year. All three buildings are simple utilitarian structures that are not representative of any significant type of architecture nor are they sympathetic to the historic resources on this property or the surrounding historic district. None of these structures contribute to the historic or cultural significance of this landmark property. Their removal will return this property to its historic character, with just the two original structures remaining in place. Section 26.415.080 A.4 goes on to state that in order to obtain approval to demolish a structure on a historic landmark property, all of the following criteria must be met: e. The structure does not contribute to the significance of the parcel or historic district in which it is located. Response: As explained in the response above, the cabin and the two sheds do not contribute to the significance of the parcel or to the Main Street Historic District. f. The loss of the building or structure would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties. g. Demolition of the structure_ will be inconsequential to the historic preservation needs of the area. Response: Because none of these structures contributes to the historic significance of the property, their removal would not adversely affect the integrity of the District or the property and would be inconsequential to the historic preservation needs of the district. The applicant therefore requests approval to remove these structures so their square footage can be converted into historic TDR's. P26 Ms. Amy Guthrie March 19, 2013 Page Three Request for Setback Variance In the application we point out that once the requested lot split has been granted, the cabin will become nonconforming as to its side yard setback. Since the Code states that a subdivision cannot create a nonconformity we state that the cabin will be removed before the subdivision plat is recorded. However, in the discussions you and I have held, you pointed out to me that HPC has the authority to grant a setback variance, which will allow the cabin to remain in place for a longer period of time. This is desirable because it is used as office space by a local attorney and there is no need to remove the structure until the other TDR's have been conveyed from the property. Therefore, the applicant hereby requests a variance to reduce the side yard setback for the newly created lot. The Code establishes a 5' side yard setback and the applicant requests that the east side setback for the 3,000 sq. ft. lot be reduced to 3'. The standards by which HPC may grant a setback variance can be found in Section 26-415.110.0 of the Code. This section requires the HPC to find that such variance: (a) Is similar to the pattern, features and character of the historic property or district, and/or (b) Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining historic property or historic district. Response: The variance being requested is actually more of a "paper variance"than an actual variance on the ground. The applicant is not proposing that any of the buildings on the site change in terms of their location or configuration. The only change is that the subdivision will place a lot line within the three Townsite lots. The presence of this line necessitates the setback variance. But in terms of what is seen on the ground, the cabin will retain its distance from the other structures on the lot and from the exterior boundaries of the entire property. Therefore, the variance will allow the present character of this historic property and the Main Street Historic District to be retained until such time as the cabin is removed from the site in exchange for additional TDR's. I believe this provides the information you have requested. Please let me know if there is anything else I can provide to you. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. AP Alan Richman, AICP AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20 13 STATE OF COLORADO ) ss. County of Pitkin ) I, �l(t�,C(ar-�, `�gCoaSdcf (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: ✓Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 'Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the 2 day of ; 1ZL_. , 20_1 :�, 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ig atur The foregoing "Affidavit of Notice"was acknowledged before me this day of �jo�2=l , 20 , by �& eO 50N WITNESS MY HAND AND OFFICIAL SEAL 31 USE AMATO Notary Pubk My commission expires: /Z'".3—/(p State of Colorado Notary 10 2012124077077 549 My Commission Expires Dec 3,2016 Notar blic ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICA TION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: 605 W.BLEEKER STREET-FINAL MAJOR DEVELOPMENT AND VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, April 24, 2013, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, in Council Chambers, City Hall, 130 S. Galena St., Aspen. HPC will consider an application submitted by 605 W. Bleeker LLC, c/o 201 N. Mill Street, #203, Aspen, CO, 81611, owner of the property located at 605 W. Bleeker Street, Lot A, Small and Large Fries Subdivision, Block 24, City and Townsite of Aspen, PID #2735-124-44-003. The applicant proposes to demolish and reconstruct an addition at the back of the Victorian house. HPC Final design approval is needed. The existing foundation will be re-used, and possibly extended 18"towards the alley, which would require an extension of setback variances previously allowed for the side and rear yards. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970)429-2758, amy.guthrie @cityofaspen.com. s/Ann Mullins Chair,Aspen Historic Preservation Commission Published in the Aspen Times on April 4, 2013 City of Aspen Account 'wed,�rrtl 242{ t�rC)tJnC411 hshi bers , 9 0 S Cateita Ash Prp©se: F+ wit#t6ruluet Find deign review dfr ap+t�caton submitted by the ownrof this Property,6051N.- B C;dp 209 Mitl,#63,° An CG), i 611, The existit ; addition along the altes7 wilt be reP�ebed �eltioys! granted side w dew ck yartarices are asked#a be oktended for a tenath of 18"to soufh. t= forth rinformatian—contact,±Seen t» be t.at 970-429-275 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20/_ STATE OF COLORADO ) ss. County of Pitkin ) I, T)iz-1;4 L Z y.0 r` � ��'f/��f���� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V' Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice., By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (3 00) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the ovi,ners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be 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. SijVai6e The fo pgoing "Affidavit of Notice" was acknowledged before me this,'-) day A _i , 20/ , by PUBLIC NOTICE - RE:605 W.SLEEKER STREET-FINAL MAJOR DEVELOPMENT AND VARIANCES WITNESS *,�HAND AND OFFTCT A T SEAL T NOTICE IS HEREBY GIVEN that a public hearing VY 1 J 1Vl 1 HAND till lJ 1 1111. Lti1� will be held on Wednesday,April 24,2013,at a meeting to begin at 5:00 p.m.before the Aspen Historic Preservation Commission,t council My commission expires: Chambers,City Hall,130 S.Galena St.,Aspen. HPC will consider an application submitted by 605 W.pe Sleeker LLC,o0 owner N.Mill Street,local As- pen,CO,81611,owner of the property located at .. 605 W.Bleeker Street,Lot A,Small and Large Fries Subdivision,Block 24,City and Townsite of Aspen,PID#2735-124-44-003. The applicant pro- ' poses to demolish and reconstruct an addition at NQ Public the back of the Victorian house. HPC Final design approval is needed. The existing foundation will be re-used,and possibly extended 18"towards the alley,which would require an extension of setback variances previously allowed for the side and rear yards. For further information,contact Amy Guth- rie at the City of Aspen Community Development Department,130 S.Galena St.,Aspen,CO,(970) 429-2758,amy.guthrieNcityofaspen.com. I - Chair,Asllpen Historic Preservation Commission ATTACHMENTS AS APPLICABLE: Published in the Aspen Times on April 4,2013 HE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 i I I EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: GV Sb_eQJ_ �G , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ( iLc� 61 22 P 'DODrn , 2013 STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City,of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice. By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. -1 copy of the publication is attached hereto. j Posting of notice. By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the—day of 20 to and including the date and time of the public hearing. A photograph of the posted nonce (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 o vi net s and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended fmchiidTi is to be amendedgwhether such n of this Title, or whenever the text o 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 ofed eang a hall be addresses of owners of real property in the area proposed waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice" was acknowledged before me this day of M o 20/Z, by Sc . RE: 604 W PUBLI_ C— T77� OFFICIAL MARK LOT I LIT, 01 SHEDS, Y P AND ��� SETBACK 1 RIANCES WITNESS�LSS M 1 HAND NOTICE IS HEREBY U willbeheldonWedn.00 ,thatapublichearing • •�••'�� - )� / — meeting to begin at 5:00 Y.May 22,201 �� Historic P 0.m.before 3,at a ' reservation Commission,in Ao Pen •°. M commission expires: HPC Chambers o sides an application ationa'Ina t.,bAspen. A'III±±± West LLC NIII Karbank Manager Itl W,Main �`®ry t'r V ' 1111 /' Street,Aspen CO 81611, (a'vl catetl at 604 W, owner of the property lo- Block Main Street,Lots Q,ro #273 24'City and Tow nsite of Aspen • N' Lary Public 5-dation-008. HPC is asked to sake,rec ,o•„p• om subdivide to Cify Council regarding a rec- (jC" to subdivide the propert on, a proposal �OF foot lot Y into on q _ and one 3,000 square tootlot00HPUare asked to approve the removal of three sheds on the site and asked to a Cis - allow one of these shadsOtoeramaa^. Pace��to aSion Expires 038912014 demolition occurs at a future date. For further until formation,contact qmy Guthrie at the City°f qs_ pen Community Development Department,130 S.Ina rea�ctyofaspen com.O'(970)429-2758,amy.guth- s/Ann Mullins ATTACEIMENT5 AS APPLICABLE: Chair,qg�Historic Preservation Commission 20 li[hed in the Aspen Times Weekly on Ma THE PUBLICATION ---- y 2 ZAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 0 k w.,e` %�� , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,20 %S STATE OF COLORADO ) ss. County of Pitkin ) (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: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the aS day of Arv(t;k , 20\3 , 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 not' g o a ice 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. `^°t? Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice"was acknowledged before me this 1(4 day of VN%A, , 20 k3 , by rJ WITNESS MY HAND AND OFFICIAL SEAL LORI MOSCHET NOTARY PUBLIC I012�q ac�lS STATE OF COLORADO My commission expires: my Commission Expires 1 0/2 912 01 5 Notary Public ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: 604 W. MAIN STREET- HISTORIC LANDMARK LOT SPLIT, DEMOLITION OF SHEDS, SETBACK VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 22, 2013, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, in Council Chambers, City Hall, 130 S. Galena St., Aspen. HPC will consider an application submitted by 604 West LLC, Neil Karbank, Manager, 604 W. Main Street, Aspen, CO 81611, owner of the property located at 604 W. Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen, PID 42735-124-44-008. HPC is asked to make a recommendation to City Council regarding a proposal to subdivide the property into one 6,000 square foot lot and one 3,000 square foot lot. HPC is asked to approve the removal of three sheds on the site and asked to approve setback variances to allow one of these sheds to remain in place until demolition occurs at a future date. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy.guthrie @cityofaspen.com. s/Ann Mullins Chair, Aspen Historic Preservation Commission Published in the Aspen Times on May 2, 2013 ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account Easy Peel®Labels ♦ Bend along line to j AVERY® 5160® 1 Use AveryO Template 51600 Feed Paper �� expose Pop-up Edge*'" 501 WEST MAIN LLC 605 W BLEEKER LLC 612 WEST LLC 532 E HOPKINS AVE 1085 PARK AVE#14 A 604 W MAIN ST ASPEN, CO 81611-1818 NEW YORK, NY 10128 ASPEN, CO 81611 ADAM KARL W &VANESSA R ALLEN DOUGLAS P ALPINE BANK 706 W MAIN 403 LACET LN ATTN ERIN WIENCEK ASPEN, CO 81611 ASPEN, CO 81611 PO BOX 10000 GLENWOOD SPRINGS, CO 81602 ASPEN FAMILY HOLDINGS LLC ASPEN FSP ABR LLC ASPEN HISTORICAL SOCIETY 137 WESTVIEW DR 11921 FREEDOM DR#950 620 W BLEEKER ST ASPEN, CO 81611 RESTON,VA 20190 ASPEN, CO 81611 ASPEN MESA STORE LLC ASPEN SQUARE CONDO ASSOC INC BAILEY RYAN TANNER MCKENZIE TRST C/O ASPEN BLUE SKY HOLDINGS LLC 50% PO BOX 8238 617 E COOPER BAKER&HOSTETLER LLP ASPEN, CO 81612 ASPEN, CO 81611 303 E 17TH AVE#1100 DENVER, CO 80203 BERR LLC BROOKS NORMAN A& LESLEE S BURKE OLSHAN ASPEN PROP LLC 611 W MAIN ST 16311 VENTURA BLVD#690 C/O ELK CREEK MGMT ASPEN, CO 81611 ENCINO, CA 91436 255 LITTLE ELK CREEK AVE SNOWMASS, CO 81654-9320 CARTER RICHARD P CHRISTIANA ASPEN CONDOMINIUM CHRISTIANA UNIT D101 LLC PO BOX 2932 OWNERS ASSOCIATION INC 795 LAKEVIEW DR TELLURIDE, CO 81435 678 COUNTY RD 127 MIAMI BEACH, FL 33140 GLENWOOD SRPINGS, CO 81601 CITY OF ASPEN CLEANER EXPRESS COCHENER CAROLINE A TRUST#5 ATTN FINANCE DEPT 435 E MAIN ST 7309 EAST 21ST ST#120 130 S GALENA ST ASPEN, CO 81611 WICHITA, KS 67206 ASPEN, CO 81611 CORONA VANESSA LOPEZ CORTALE ITA COULTER G LYNNIE PO BOX 3670 205 S MILL ST#112 117 N 6TH ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 CUMMINS RICHARD DART ELIZABETH RODWELL DESTINATION RESORT MGMT INC 1280 LITE AVE#10 633 W MAIN ST 610 S WESTEND ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 816112142 DILLON RAY IV DUNSDON S MICHAELE EMERICK SHELLEY W PO BOX 10543 BORKENHAGEN DAVID A 2449 5TH ST ASPEN, CO 81612 617 W MAIN ST #D BOULDER, CO 80304 ASPEN, CO 81611-1619 Etiquettes faciles a peter ; Repliez a la hachure afin de ; www.avery.com Utilisez le gabarit AVERY®5160® Sens de reveler le rebord Pop-up""� j chargement j 1-800-GO-AVERY 1 Easy Peel® Labels i ♦ ll� Bend along line to a AVERY(R) 5160® Use Avery®Template 51600 Feed Paper �'� expose Pop-up EdgeTM j j FARR CHARLOTTE FAT CITY HOLDINGS LLC FELD ANNE S 306 MCCORMICK AVE 402 MIDLAND PARK PL 1700 PACIFIC AVE#4100 CAPITOLA, CA 95010 ASPEN, CO 81611 DALLAS,TX 75201 FERGUS ELIZABETH DAWSON FINE FREDRIC N &SANDRA FRIAS PROPERTIES OF ASPEN LLC PO BOX 1515 412 MARINER DR 730 E DURANT ASPEN, CO 81612 JUPITER, FL 33477 ASPEN, CO 81611 GANT CONDO ASSC GARMISCH LODGING LLC GOLDMAN DIANNE L 610 S WESTEND ST 110 W MAIN ST PO BOX 518 ASPEN, CO 816112142 ASPEN,CO 81-611- - - - - - FAIRFIELD, CT 06824, GOLDSTEIN MARC 50% H & H PROPERTIES LLLP HAISFIELD MICHAEL DOUGLAS 4545 POST OAK PL#100 807 W MORSE BLVD STE 101 HAISFIELD LISA YERKE HOUSTON, TX 77027 WINTER PARK, FL 32789-3725 616 W HOPKINS ASPEN, CO 81611 HALPERIN ALEXANDRA& BARBARA HAYES MARY E&JAMES L FAM LP LLLP HAYMAN JULES ALAN 52 LARKSPUR DR 209 E BLEEKER ST 9238 POTOMAC SCHOOL DR CARBONDALE, CO 81623 ASPEN, CO 81611 POTOMAC, MD 20854 HY-MOUNTAIN TRANSPORTATION INC IGLEHART SANDRA K JAS CAPITAL LLC 111 C AABC 617 W MAIN ST 617 W MAIN ST#E ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 JEMAR PARTNERS LLC JW616 LLC KALLMANN HERBERT 701 W MAIN ST 604 W MAIN ST PO BOX 3965 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KELSO DOUGLAS P LONE EAGLE TRUST LORD KAREN&COURTNEY 627 W MAIN ST 20 ISLAND AVE-#1511 - - - - 631 W BLEEKER ASPEN, CO 81611-1619 MIAMI BEACH, FL 33139 ASPEN, CO 81611 MACDONALD BETTE S TRUST MADSEN MARTHA W MOLLER DIANE T 15 BLACKMER RD 608 W HOPKINS AVE APT 9 1710 MIRA VISTA AVE ENGLEWOOD, CO 80110 ASPEN, CO 81611 SANTA BARBARA, CA 93103 MOUNTAIN RESCUE ASPEN INC MURPHY JULIANNE RUTH &WILLIAM NATIONWIDE THEATRES CORP 630 W MAIN ST REES 120 N ROBERTSON BLVD ASPEN, CO 81611 9833 SHORELINE LOS ANGELES, CA 90048 LONGMONT, CO 80504 Eticluettes faciles a peler ; A Repliez 6 la hachure afin de ; www.avery.com Utilisez le gabarit AVERY®51600D Sens de reveler le rebord Po -u "'c � 1-800-GO-AVERY i chargement p p Easy Peel®Labels i ♦ Bend along line to i a AVERV� 5160® Use Avery®Template 51600 Feed Paper �� expose Pop-up EdgeTM 1 NECHADEIM REALTY LLC NORTH AND SOUTH ASPEN LLC P& L PROPERTIES LLC PO BOX 4950 200 S ASPEN ST 101 S 3RD ST#360 ASPEN, CO 81612 ASPEN, CO 81611 GRAND JUNCTION, CO 81501 PEARSON MARK M& LEES M PERRY EMILY V RENO ASPEN PROPERTIES LLC 702 W MAIN ST 1497 ISABELLA LN 7710 E EVENING GLOW DR ASPEN, CO 81611 SANTA BARBARA, CA 93108 SCOTTSDALE,AZ 852661295 REVA LLC RODRIGUEZ JOANN RUFUS CAMI CAMI LLC PO BOX 1376 605 W MAIN ST#OOA 1280 LITE AVE#7 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 RUSSO NICK A SACKS CAROL 50% SAND CANYON CORP PO BOX 4743 4545 POST OAK PL#100 501 W MAIN ST ASPEN, CO 81612 HOUSTON,TX 77207 ASPEN, CO 81611 SANDERS BARBARA SCHALL FAMILY TRUST 8/31/1998 SCHWARTZ RACHEL KUKES& MARK 634 W MAIN ST#8 3841 HAYVENHURST DR 375 LAKE PARK DR ASPEN, CO 81611 ENCINO, CA 91436 BIRMINGHAM, MI 48009 SMITH ANDREW C& DONNA G THROM DOUGLAS H TOMS CONDO LLC 3622 SPRINGBROOK ST 617 W MAIN ST C/O BRANDT FEIGENBAUM PC DALLAS,TX 75205 ASPEN, CO 81611 132 MIDLAND AVE#4 BASALT, CO 81621 TUCKER LUCY LEA ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION PO BOX 1480 6450 AVENIDA CRESTA 600 E HOPKINS#304 ASPEN, CO 81611 LA JOLLA, CA 92037 ASPEN, CO 81611 UMBA ENTERPRISE LLC WAGNER HOLDINGS CORP LLC WENDT ROBERT E II 605 W MAIN ST#103 C/O BILL POSS 350 MT HOLYOKE AVE ASPEN, CO 81611 605 E MAIN ST PACIFIC PALISADES, CA 90272 ASPEN, CO 81611 WERLIN LAURA B TRUST WEST ALFRED P JR& LORALEE S WHIPPLE JOHN TAGGART 2279 PINE ST THE WEST FAMILY OFFICE 121 S GALENA ST SAN FRANCISCO, CA 94115 2023 WAYNESBOROUGH RD ASPEN, CO 81611 PAOLI, PA 19301 WINGSTONE TOY COMPANY LLC 12 GREENBRIAR LN PAOLI, PA 19301 ttiquettes faciles a peler ; A Repliez h la hachure afin de ; www.avery.com Utilisez le gabarit AVERY®51600 chSens de argement reveler le rebord Pop- P u Mc j 1-800-GO-AVERY 1 j r a�� Pry I M. s. ys t i t, PF ' � VV. f youndl L'UI� a sh &000 Ix H A "C ; F } dte f, a y� pm +, , C # P27 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: Marolt Ranch- Minor Development to reconstruct and interpret a mining era artifact, PUBLIC HEARING DATE: May 22, 2013 SUMMARY: The City of Aspen owns the roughly 63 acre property known as Marolt Ranch. Within the boundaries of Marolt Ranch is an area which is leased to the Aspen Historical Society to operate the Holden Marolt Mining and Ranching Museum. The museum site contains the two remaining buildings that were part of a massive silver ore lixiviation processing plant that stood at the edge of the Aspen townsite from the late 1800's into approximately the 1930's, when dismantling appears to have begun. To the east, and as much as 65' below the museum boundary, are archaeological ruins in the form of building foundations, foundation walls, floors,piers, tanks, etc. These ruins are mostly untouched. The City performed an archaeological survey to map the site in 1990. In 2004, a site management plan was created, similar to the one that the City undertook and implemented for the Ute Cemetery. The management plan led to a volunteer work day to remove overgrown vegetation. A pedestrian trail was built to allow easier access to the area, and interpretive markers were installed. A wood scientist was hired to assess a collapsed wooden "derrick"structure indicated with an arrow in the photo below. x IWO .. ,� . n r � ' - muw Wit• i' 'z;*. T 1 P28 No significant additional preservation work has occurred on the property in the last 10 years. The Parks Department deserves credit for maintaining an interest in the opportunity to share the history of the site with the community. Parks, in conjunction with local historians and volunteers, would like to construct a replica alongside the original derrick, to provide an explanation of the size and the function of this artifact. Because the site is landmark designated, HPC approval is needed. APPLICANT: The City of Aspen, represented by The City of Aspen Parks Department. PARCEL ID: 2735-123-63-852. ADDRESS:Marolt Ranch Open Space ZONING: R-15A/PUD/SPA. MINOR DEVELOPMENT The procedure for a Minor Development Review is as follows Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic i `' .a Preservation Design Guidelines The HPC k may approve, disapprove, approve with conditions, or continue the application to , obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a Certificate of Appropriateness and the Community Development Director shall issue a Development Order. The HPC decision :��' shall be final unless appealed by the applicant or a landowner within three � �` hundred (300)feet of the subject property an s .: . •» L A accordance with the procedures set forth in Chapter 26.316. t' Staff finding: A 1992 archaeological report r prepared for the City has this to say about the derrick (which was standing at the time, seen at right): "Mechanical power was provided to the plant from a power house by way of an elevated cable 2 P29 that passed through a wooden cable derrick. This cable derrick is present about 75 feet east of the southern end of the plant foundation. The derrick is constructed of two treated upright 6 x 10 inch wooden posts with wooden cross braces that reach a height of 24 feet. To these uprights are attached 6 x 8 inch wooden post angled support legs. Two legs each are located on the east and west sides of the structure; single legs are located on the north and south. Additional bracing is provided by 2 x 8 inch supports. Both round and square nails were used in the derrick's construction. Wooden brackets for a metal pulley are in place at the top of the derrick but the cable pulley is not present. Wooden insulator brackets are also present near the top of the derrick, indicating that it was used to support telephone or electrical lines. The eastern legs and a central cross member have serious insect damage, and some minor rot is evident at the base of some of the supports. Except for this,the structure is straight and sound. About 75 feet farther east of the derrick is where the Power House was located. The Power House was driven by water from a 24-inch flume that passed to the south of the Lixiviation Works in a northeasterly direction. No definite location of the Power House or the flume was found, though some anomalous-appearing rock in the approximate location of the Power House was-discerned. - - - - Vegetation is probably obscuring the remains." From approximately 1989-1992, the City, the Aspen Historical Society, and other participants put significant energy and money into documenting the lixiviation site and listing the property on the National Register of Historic Places. The Holden Marolt Mining Museum was established and restoration work was completed on buildings on the Historical Society site. Changes in staff and other priorities shifted focus away from the property after that time. By 2005 the picture to the right shows the collapsed* � t derrick. The photo was taken a � ► ; "� � '� a �, , $ y " by a wood scientist, who the City hired to look at the Mkt artifact and make ,` `° _" a_7 recommendations. The woodE scientist offered three possibilities; return to nature, stabilization and selective y _ ' replacement,and 5.�. reconstruction. It appears that it is note I" r possible to put the original a..Ow f! J}� ' ` { structure upright and make repairs. This was staff's original recommendation to the Parks Department. However, most of the material is not sound enough to be securely attached together. Currently, the derrick is on the path of"return to nature." 3 P30 Local architect Graeme Means has measured and documented the derrick in drawings included in the application. Parks would like to build a replica adjacent to the original one, so that the public can view and learn from both structures. In general, HPC has not promoted reconstruction of historic resources because of the possibility of misrepresenting history. The museum area is an appropriate exception, as long as information is clearly conveyed to visitors. Staff supports the proposal. The exact location for the reconstructed derrick shall be identified in the field with staff and a project monitor. The area shall be carefully examined to ensure that no other archaeological remains are affected. An interpretive marker shall be installed and shall provide an explanation of the reconstruction, to be reviewed and approved in advance by historic preservation staff. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends the project be approved with the following conditions: 1. The exact location for the reconstructed derrick shall be identified in the field with staff and a project monitor. The area shall be carefully examined to ensure that no other archaeological remains are affected. 2. An interpretive marker shall be installed and shall provide an explanation of the reconstruction, to be reviewed and approved in advance by historic preservation staff. Exhibits: Resolution# , Series of 2013 A. Relevant HPC design guidelines B. Application 4 P31 Exhibit A: Relevant Historic Preservation Design Guidelines for reconstruction of the derrick 2.7 Match the original material in composition, scale and finish when replacing materials on primary surfaces. ❑ If the original material is wood clapboard, for example, then the replacement material must be wood as well. It should match the original in size, the amount of exposed lap and finish. ❑ Replace only the amount required. If a few boards are damaged beyond repair, then only those:should be replaced, not the entire wall. 2.8 Do not use synthetic materials as replacements for primary building materials. ❑ In some instances, substitute materials may be used for replacing architectural details, but doing so is not encouraged. If it is necessary to use a new material, such as a fiberglass column, the style and detail should precisely match that of the historic model. ❑ Primary building materials such as wood siding and brick should not be replaced with synthetic materials. ❑ Synthetic materials include: aluminum, vinyl siding and panelized brick. ❑ EIFS (synthetic stucco) is not an appropriate replacement for real stucco. 5 P32 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING RECONSTRUCTION AND INTERPRETATION OF A MINING ERA ARTIFACT AT MAROLT RANCH OPEN SPACE, ASPEN, COLORADO RESOLUTION#_, SERIES OF 2013 PARCEL ID: 2735-123-63-852 WHEREAS, the applicant, The City of Aspen, represented by the City of Aspen Parks Department,has requested Minor Development approval to reconstruct a collapsed derrick which was constructed in the late 1800s as part of the Holden Lixiviation Plant. The property is a designated landmark; 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 Minor 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 26.415.070.0 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove," approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Amy Guthrie, in her staff report dated May 22, 2013, performed an analysis of the application and recommended that the review standards, the"City of Aspen Historic Preservation . Design Guidelines"were met, with conditions; and WHEREAS, during a duly noticed public hearing on May 22, 2013, the Historic Preservation Commission considered the application, found the application was consistent with the applicable review standards and approved the application by a vote of_to_ NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development for reconstruction and interpretation of the derrick with the following conditions: 1. The exact location for the reconstructed derrick shall be identified in the field with staff and a project monitor. The area shall be carefully examined to ensure that no other archaeological remains are affected. 2. An interpretive marker shall be installed and shall provide an explanation of the . reconstruction, to be reviewed and approved in advance by historic preservation staff. HPC Resolution# , Series of 2013 Holden Marolt Derrick Page 1 of 2 P33 APPROVED BY THE COMMISSION at its regular meeting on the 22nd day of May, 2013. Approved as to Form: Debbie Quinn,Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Jamie Brewster MacLeod,Acting Chair ATTEST: Kathy Strickland, Chief Deputy Clerk HPC Resolution# , Series of 2013 Holden Marolt Derrick Page 2 of 2 i EXHIBIT/ Q AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1/Y?( tiD ( - MXt,\,' Soar. ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: bJtJnaS dQ, YYIC-VI 9-0 /0' ,20 /3 STATE OF COLORADO ) •ss. County of Pitkin ) r-- 1, (name,please print) being or representing an A plicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E)of the Aspen Land Use Code in the following manner; Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form'was obtained from the OCommunity 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(l 5)days prior to the public hearing on the 6 day of OcAA 2013 , to and including the date and time of the public hearing. A ph tograph of the posted notice(sign)is attached hereto. l Mailing of notice. By the mailing of a notice obtained from the Community l 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. Neighborhood Outreach: ' Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26;304.035, Neighborhood Outreach, A copy of the neighborhood outreach summary, including the method of public notification and a copy of any doeumentalion that ti)as presented to the public is attached hereto (continued on next page) Mineral Estate Oivner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty(30)days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. 07' Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended,whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. i gnature r The foregoing"Affidavit of Not' "was acknowledged before me this 4 day of ,20 by WITNESS MY HAND AND OFFICIAL SEAL Q\N9 LiC My commission expires: N y Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION ; • PHOTOGRAPH OF THE POSTED NOTICE(SIGN} • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF,MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 x �y, _ ..� i� ' - _ �� �. � _ � ) �� r_$� r,'s � _ !- J =_ 1- � -�- �. � r _, �`. '��� �� kN ''� 1+' xC y .t�, _ - �i kn1 It � .> - _ � 1 1 ', f .. _ � I - I'� , Y ct xi, a�� � � t �. J °:. t. r5;, � ,, i� � � ;., � , r , LowP35 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Justin Barker, Planner THRU: Amy Guthrie, Historic Preservation Officer RE: 114 Neale Avenue- Final Major Development and Variances, Public Hearing DATE: May 22, 2013 SUMMARY: 114 Neale Avenue is a landmark designated 6,001 square foot lot that contains a historic Victorian miner's cottage and a non-historic ` contemporary rear addition. The property was created as a result of a Historic Landmark Lot Split in 1998. ` The applicant has received HPC Conceptual approval to remodel and y � expand the rear addition, adding a garage and a subgrade living space. Final approval is needed. Staff recommends approval with conditions. APPLICANT: DWS Family Trust, 3 Remington Lane, Houston TX 77005, represented by Forum Phi Architecture. ADDRESS: 114 Neale Ave, Lot 1, 114 Neale/17 Queen Historic Lot Split Subdivision. PARCEL ID: 2737-07-3-83-001. ZONING: R-15A (Moderate Density Residential). MAJOR DEVELOPMENT (FINAL) The procedure for a Major Development Review, at the Final level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report. and the evidence presented at the hearing to determine the project's conformance with the City of 1 P36 Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. Major Development is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. Staff Response: Final review focuses on landscape plan, lighting, fenestration, and selection of new materials. A list of the relevant design guidelines is attached as "Exhibit A." Overall, staff is in support of the project. The proposal further clarifies and distinguishes the historic building and is compliant with the applicable guidelines. Landscape The front landscape will mostly not change from the existing. The only additions include a new wood picket fence and stone paver path leading around the house. The largest change proposed is the addition of a driveway on the east and south sides of the property to allow access to the garage. The Engineering Department strongly prefers driveway access come from King Street instead of Neale Avenue. Several trees along the east and south property lines are proposed for removal to allow the driveway behind the house. The City Forester has reviewed the proposal and has no issues with the removals. The existing pond will also be removed to allow the expansion and driveway. The existing ditch on the north of the property will be retained. The applicant has proposed to continue the sidewalk on Neale Avenue around the property along King Street. According to the guidelines: 1.16 Preserve historically significant landscape designs and features. ❑ This includes the arrangement of trees,shrubs,plant beds, irrigation ditches and sidewalks in the public right-of- way. There is currently no sidewalk along the south side of King Street, and it is not recommended on the City's sidewalk master plan. Staff recommends either removing the proposed sidewalk, or using a pathway with steppers or crusher fines that would be more appropriate and in context with the character of the street. A new fence is proposed along the east property line, while the fence on the south property line will remain. The short section of fence currently along the west property line will be removed. Staff commends the minimal change proposed on the west side of the property. The proposed driveway gate and a portion of the east property fence are forward of the front most street-facing facade of the house. According to the Residential Design Standards: 2 P37 26.410.040.A.3.Fences. Fences, hedgerows and planter boxes shall not be more than forty-two (42) inches high,measured from natural grade, in all areas forward of the front facade of the house. The portion of the east property fence forward of the front fagade needs to be lowered to 42 inches. For the driveway gate, staff suggests locating it fully behind the fagade so the height will not have to be altered. Lighting The applicant has proposed minimal lighting, mostly located along the vehicular and pedestrian paths for safety and egress. No new lighting is proposed on the historic resource. Staff finds the proposed lighting to be acceptable and consistent with the relevant guidelines. Fenestration There are no proposed changes to the existing fenestration on the historic structure. The applicant has clearly stated several times in the application that any work done on the existing historic structure will only be repair as necessary. Materials The applicant has proposed to use primarily a wood ipe screen for the ground floor additions and board form concrete for the partial subgrade area and garage. The new roofs are proposed as standing seam metal. The gateway for the driveway is proposed as the same wood ipe material as the addition. This causes the mass of the north addition to appear larger. Staff recommends using a different material for the gateway. The new driveway is proposed as pervious pavers. The applicant will provide samples of all new materials at the meeting. More of the historic house will be revealed with the new proposal. The applicant proposes to use new clapboard siding and roof shingles that will match what is existing on the historic house. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends HPC grant Final Major Development approval with the following conditions: 1. HPC granted a front yard variance of 6 feet for the subgrade space at Conceptual Review. 2. HPC granted a 400 square foot floor area bonus at Conceptual Review. 3. Remove the proposed sidewalk along King Street or replace with more appropriate material, for review and approval by staff and monitor. 4. Lower the height of the east fence forward of the front fagade to 42 inches. 5. Locate the driveway gate completely behind the front fagade. 3 P38 6. The material for the driveway gate shall be different than the addition, for review and approval by staff and monitor. 7. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3)years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen(14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3)years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,pertaining to the following described property: 114 Neale Ave, Lot 1, 114 Neale/17 Queen Historic Lot Split Subdivision, City and Townsite of Aspen, County of Pitkin, State of Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Exhibits: A. Relevant Guidelines B. Application 4 P39 Exhibit A Fences 1.1 Preserve original fences. ❑ Replace only those portions that are deteriorated beyond repair. Replacement elements should match the existing fence. 1.2 A new replacement fence should use materials that appear similar to that of the original. ❑ Any fence which is visible from a public right-of-way must be built of wood or wrought iron. Wire fences also may be considered. ❑ A wood picket fence is an appropriate replacement in most locations. A simple wire or metal fence, similar to traditional "wrought iron,"also may be considered. ❑ Chain link is prohibited and solid"stockade" fences are only allowed in side and rear yards. 1.3 A new replacement fence should have a "transparent" quality allowing views into the yard from the street. ❑ A fence that defines a front yard is usually low to the ground and"transparent" in nature. ❑ On residential properties, a fence which is located forward of the front building facade may not be taller than 42" from natural grade.(For additional information,see the City of Aspen's"Residential Design Standards".) ❑ A privacy fence may be used in back yards and along alleys,but not forward of the front facade of a building. ❑ Note that using no fencing at all is often the best approach. ❑ Contemporary interpretations of traditional fences should be compatible with the historic context. 1.4 New fence components should be similar in scale with those seen traditionally. ❑ Fence columns or piers should be proportional to the fence segment. 1.5 A side yard fence which extends between two homes should be set back from the street-facing facade. ❑ This setback should be significant enough to provide a sense of open space between homes. 1.6 Replacement or new fencing between side yards and along the alley should be compatible with the historic context. ❑ A side yard fence is usually taller than its front yard counterpart. It also is less transparent. A side yard fence may reach heights taller than front yard fences (up to six feet), but should incorporate transparent elements to minimize the possible visual impacts. ❑ Consider staggering the fence boards on either side of the fence rail. This will give the appearance of a solid plank fence when seen head on. ❑ Also consider using lattice,or other transparent detailing,on the upper portions of the fence. Walkways 1.9 Maintain the established progression of public-to-private spaces when considering a rehabilitation project. • This includes a sequence of experiences, beginning with the "public" sidewalk, proceeding along a "semi- public"walkway,to a"semi-private"porch or entry feature and ending in the"private" spaces beyond. • Provide a walkway running perpendicular from the street to the front entry. Meandering walkways are discouraged,except where it is needed to avoid a tree. ❑ Use paving materials that are similar to those used historically for the building style. Concrete, wood or sandstone may be appropriate for certain building styles. Private Yard 1.10 Preserve historic elements of the yard to provide an appropriate context for historic structures. ❑ The front yard should be maintained in a traditional manner, with planting material and sod, and not covered with paving,for example. 1.11 Preserve and maintain mature landscaping on site,particularly landmark trees and shrubs. ❑ Protect established vegetation during construction to avoid damage. Replacement of damaged, aged or diseased trees must be approved by the Parks Department. ❑ If a tree must be removed as part of the addition or alteration, replace it with species of a large enough scale to have a visual impact in the early years of the project. 1.12 Preserve and maintain historically significant planting designs. ❑ Retaining historic planting beds, landscape features and walkways is encouraged. 5 P40 1.13 Revisions or additions to the landscape should be consistent with the historic context of the site. ❑ Select plant and tree material according to its mature size,to allow for the long-term impact of mature growth. ❑ Reserve the use of exotic plants to small areas for accent. ❑ Do not cover grassy areas with gravel,rock or paving materials. Streetscape 1.16 Preserve historically significant landscape designs and features. ❑ This includes the arrangement of trees, shrubs,plant beds, irrigation ditches and sidewalks in the public right-of- way. 1.17 Maintain historic irrigation ditches as an integral component of the streetscape. The character of an irrigation ditch should be maintained. ❑ It is inappropriate to use an irrigation ditch as a planting bed,or to fill it with another material. ❑ Ditches cannot by culverted except where crossed by a walkway or driveway,and a culvert must be approved by the Parks Department. Treatment of Materials 2.1 Preserve original building materials. ❑ Do not remove siding that is in good condition or that can be repaired in place. ❑ Only remove siding which is deteriorated and must be replaced. ❑ Masonry features that define the overall historic character, such as walls, cornices, pediments, steps and foundations,should be preserved. ❑ Avoid rebuilding a major portion of an exterior wall that could be repaired. Reconstruction may result in a building which no longer retains its historic integrity. 2.2 Protect wood features from deterioration. ❑ Provide proper drainage and ventilation to minimize rot. ❑ Maintain protective coatings to retard drying and ultraviolet damage. 2.3 Plan repainting carefully. ❑ Always prepare a good substrate. Prior to painting, remove damaged or deteriorated paint only to the next intact layer,using the gentlest means possible. ❑ Use compatible paints. Some latex paints will not bond well to earlier oil-based paints without a primer coat. Replacement Materials 2.7 Match the original material in composition, scale and finish when replacing materials on primary surfaces. ❑ If the original material is wood clapboard, for example, then the replacement material must be wood as well. It should match the original in size,the amount of exposed lap and finish. ❑ Replace only the amount required. If a few boards are damaged beyond repair, then only those should be replaced,not the entire wall. 2.8 Do not use synthetic materials as replacements for primary building materials. ❑ In some instances, substitute materials may be used for replacing architectural details, but doing so is not encouraged. If it is necessary to use a new material, such as a fiberglass column, the style and detail should precisely match that of the historic model. ❑ Primary building materials such as wood siding and brick should not be replaced with synthetic materials. ❑ Synthetic materials include: aluminum,vinyl siding and panelized brick. ❑ EIFS(synthetic stucco)is not an appropriate replacement for real stucco. New Additions 10.4 Design a new addition to be recognized as a product of its own time. ❑ An addition should be made distinguishable from the historic building,while also remaining visually compatible with these earlier features. ❑ A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. ❑ The new materials should be either similar or subordinate to the original materials. 6 P41 Color 14.3 Keep color schemes simple. ❑ Using one base color for the building is preferred. ❑ Using only one or two accent colors is also encouraged, except where precedent exists for using more than two colors with some architectural styles. 14.4 Coordinating the entire building in one color scheme is usually more successful than working with a variety of palettes. ❑ Using the color scheme to establish a sense of overall composition for the building is strongly encouraged. 14.5 Develop a color scheme for the entire building front that coordinates all the facade elements. ❑ Choose a base color that will link the entire building face together. For a commercial building, it can tie signs, ornamentation, awnings and entrances together. On residences, it can function similarly. It can also help your building relate better to others in the district. ❑ The complexity of the accent colors should be appropriate to the architectural style of the building. ❑ Doors may be painted a bright accent color, or they may be left a natural wood finish. Historically, many of the doors would have simply had a stain applied. ❑ Window sashes are also an excellent opportunity for accent color. ❑ Brilliant luminescent or"day-glo"colors are not appropriate. Lighting 14.6 Exterior lights should be simple in character and similar in color and intensity to that used traditionally. ❑ The design of a fixture should be simple in form and detail. Exterior lighting must be approved by the HPC. ❑ All exterior light sources should have a low level of luminescence. 14.7 Minimize the visual impacts of site and architectural lighting. ❑ Unshielded,high intensity light sources and those which direct light upward will not be permitted. ❑ Shield lighting associated with service areas,parking lots and parking structures. ❑ Timers or activity switches may be required to prevent unnecessary sources of light by controlling the length of time that exterior lights are in use late at night. ❑ Do not wash an entire building facade in light. ❑ Avoid placing exposed light fixtures in highly visible locations,such as on the upper walls of buildings. ❑ Avoid duplicating fixtures.For example,do not use two fixtures that light the same area. 14.8 Minimize the visual impact of light spill from a building. ❑ Prevent glare onto adjacent properties by using shielded and focused light sources that direct light onto the ground. The use of downlights, with the bulb fully enclosed within the shade, or step lights which direct light only on to walkways,is strongly encouraged. ❑ Lighting shall be carefully located so as not to shine into residential living space, on or off the property or into public rights-of-way. Driveways&Parking 14.17 Design a new driveway in a manner that minimizes its visual impact. ❑ Plan parking areas and driveways in a manner that utilizes existing curb cuts.New curb cuts are not permitted. ❑ If an alley exists,a new driveway must be located off of it. 14.18 Garages should not dominate the street scene. See Chapter 8:Secondary Structures. 14.19 Use a paving material that will distinguish the driveway from the street. ❑ Using a change in material,paving pattern or texture will help to differentiate the driveway from the street. ❑ Porous paving materials will also help to absorb potential water runoff typically associated with impervious surfaces such as asphalt or concrete. 14.20 Off-street driveways should be removed,if feasible. ❑ Non-historic parking areas accessed from the street should be removed if parking can be placed on the alley. 14.21 For existing driveways that cannot be removed, provide tracks to a parking area rather than paving an entire driveway. ❑ Using minimally paved tracks will reduce the driveway's visual impact. ❑ Consider using a porous paving material to reduce the driveways visual impact. ❑ Also consider using modular paving materials for these tracks to provide visual interest along the street. 7 P42 14.22 Driveways leading to parking areas should be located to the side or rear of a primary structure. ❑ Locating drives away from the primary facade will maintain the visual importance the structure has along a block. See Chapter 8:Secondary Structures. 14.23 Parking areas should not be visually obtrusive. ❑ Large parking areas should be screened from view from the street. ❑ Divide large parking lots with planting areas. (Large parking areas are those with more than five cars.) ❑ Consider using a fence,hedge or other appropriate landscape feature. ❑ Automobile headlight illumination from parking areas should be screened from adjacent lots and the street. 14.24 Large parking areas, especially those for commercial and multifamily uses, should not be visually obtrusive. ❑ Locate parking areas to the rear of the property,when physical conditions permit. ❑ An alley should serve as the primary access to parking,when physical conditions permit. ❑ Parking should not be located in the front yard,except in the driveway,if it exists. 8 P43 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY LOCATED AT 114 NEALE AVENUE, LOT 1, 114 NEALE/17 QUEEN HISTORIC LOT SPLIT SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO RESOLUTION#_, SERIES OF 2013 PARCEL ID: 2737-073-83-041 WHEREAS, the applicant, DWS Family Trust, represented by Forum Phi Architecture, requested HPC Conceptual Major Development and Variance approval for the property located at 114 Neale Avenue, Lot 1, 114 Neale/17 Queen Historic Lot Split Subdivision; 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 Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Justin Barker, in his staff report to HPC dated May 22, 2013,performed an analysis of the application based on the standards and recommended approval with conditions; and WHEREAS, at their regular meeting on May 22, 2013, the Historic Preservation Commission considered the application, the staff memo and public comments, and found the proposal consistent with the review standards and granted approval with conditions by a vote of_to_. NOW,THEREFORE, BE IT RESOLVED: That HPC hereby grants Final Major Development approval for the property located at 114 Neale Avenue with the following conditions: 1. HPC granted a front yard variance of 6 feet for the subgrade space at Conceptual Review. 2. HPC granted a 400 square foot floor area bonus at Conceptual Review. 3. Remove the proposed sidewalk along King Street or replace with more appropriate material, for review and approval by staff and monitor. 4. Lower the height of the east fence forward of the front fagade to 42 inches. 5. Locate the driveway gate completely behind the front fagade. 6. The material for the driveway gate shall be different than the addition, for review and approval by staff and monitor. 114 Neale Ave. HPC Resolution #_, Series of 2013 Page 1 of 3 P44 7. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3)years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3)years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 114 Neale Avenue, Lot 1, 114 Neale/17 Queen Historic Lot Split Subdivision, City and Townsite of Aspen, County of Pitkin, State of Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 114 Neale Ave. HPC Resolution#_, Series of 2013 Page 2of3 P45 APPROVED BY THE COMMISSION at its regular meeting on the 22nd day of May, 2013. Jamie Brewster McLeod,Acting Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 114 Neale Ave. HPC Resolution#_, Series of 2013 Page 3 of 3 EXHIBIT,— AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CO I ADDRESS OF PROPERTY: IJ ea-,e_ Aiy ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: Wed I`�_ ��o� 4 OOOr✓i , 20 1 ,3 i STATE OF COLORADO ) ss. County of Pitkin ) 1 (name, please print) ! �I being or representing an Applicant to the City-of Aspen, Colorado,hereby personally certify that 7 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: y Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice.. By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the—day of , 20_,to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. i -(Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other - sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of_A&*"j , 2013, by — r� RE: 114 NEALE AVENUE-FINAL MAJOR DEVELOPMENT WITNESS MY HAND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN that a , Will be held on Wednesda Public hearing e� meeting to begin at 5.00 y'May 22'2013,at a Historic Preservation C mmission n Council » My commission expires: l Chambers,City Hall,130 S.Galena St.,Aspen. HPC will consider an application submitted by .1 emil DWS 7 OO5 Family'elated to the property located at 114 Neale Avenue,Lot 1,114 Neale/17 pu, Historic �� Lot Split,City and Townsita of Aspen,CO,Parcel clud nal desi7�a3 83 001. The applicant requests Fi- otary Pubhc in Placing a non historltc addiProposal on att the back of the existing Victorian house with new construction. For 4312912054 further information,contact Justin Barker at the City of Aspen Community Development Department, 130 S.Galena St.,Aspen,CO,(g70)429-2797 Justin.barker @cityofasppe MC O, Mullins Char Historic Preservation Commission ie 20 3.[914227th 01 Aspen Times Weekly on May 2, ATTACHMENTS AS APPLICABLE: - PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 114 W EAL E AyS r tuE , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 22 IA , 20 1_�) STATE OF COLORADO ) ss. County of Pitkin ) I, S-CEEV WLLSOR (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: 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. _Y Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the -A- day of , 20 k3, to and including the date and time of the public hearing. A 1) olograph 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(?f the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public'nolification and a copy of any documentation that tivas presented to the public is attached hereto. (continued on next page) Mineral Estate 014,ner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 0 Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of /` 2013 , by WITNESS MY HAND AND OFFICIAL SEAL 'TODDAtAY My commis` n expires: NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19994002103 W COMMISSION EXPIRES JANUARY 25,2015 Notary Public i ATTACHMENTS AS APPLICABLE: *COPY OF THE PUBLICATION •PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 Easy R I c l I mJ along I€ e to i 9 Use fi;vf>y`-� (vCYYptaY£:5160',5/ PWr Lgr.'�' ��: AVERW`1 516U j 13EATON GLENN K, SLEEKER STRE:::EW'I REV I'RUS1. RRIEN At ICE 936 KING ST 32 TULIP`5T 110 NEALE AVE ASPEN, CO 31311 SUM%11-r, NJ 079071 ASPEN. CC: 31611 CITY OF ASPEN ATTN FINANCE DEPT DECRAY MARCELLA TRUST 50% FRONTIER LLC '133 S GALENA ST 1523 HILL ST 11 144 MOCKINGBIRD CSR ASPEN,GO 131611 SANTA MONICA, CA 90 405 OMAHA, NE 68137 FUENTE DAVID& SHEILA GIRVIN LINDA A GREENWOOD WILLIAM S 701 TERN POINT C;IR 414 N MILL ST PO BOX 477£3 BOC;A RATON. FL 3,:1431 ASPEN, CO 81611 ASPEN, CO 81612 HATANAKA HOWARD I ISAAC;Tl IOMAS D REV TRST KASABACH JACQUELYN A 080 KING ST 975 KING ST Pty BOX 4166 ASPEN. CO 31611 ASPEN,CCU 81611 ASPEN, CO 81612 LANG DONALD VII LAWRENCE LARRY S OPR TRUST 50% LIPSEY WILLIAM S PO BOX 4166 3560 RUETTE MONTE CARLO 955 KING `3T ASPEN, GO 81612 1 A,JOLLA, CA 920. 7 ASPEN, GO €31611 LOEWENS TERN CAROL TRUST MAPLE CHARLES A sic BRYCE M MARZIALE ANTONIO 910 GIBSON AVE 927 GIBSON AVE 152071 MASON RD#1COO PMB 375 ASPEN; CC> 81611 ASPEN, CO 031611 C;YPRI E:, TX 77433 MEADOWS JEAN R&STANLEY H MICKEY JAMES&MARL.ENE MORRIS JAMESIBYARD ANNE TRUST 538 HILL.-SIDE DR 931 GIBSON AVE 860 GIBSON AVE HIGHLAND PARK, IL 60035 ASPEN,GO 81611 ASPEN,GO 81611 MORSE,JAMES A TRUST PARRY SUSAN LYNN RIVER HOUSE LLC 800 E ELLIS RD PO BOX 25+2, 41 28 W GRAND AVE NORTON SHORE=S MI 49441-6£322 ASPEN, C:;O 81812 MONT'VALE, NJ 07645, ROCKY MTN PROPERTY 11 LL.0 SHOAF JEFFREY S SKOKOS THEODORE C& SHANNON B 73 SMUGGLER G;,ROVE RD PG BOX 3123 PO BOX 17:3303 ASPEN,CO 8,16,1 1 ASPEN, CC) 8,1612 EI1 TL.F ROCK,AR 72222 SNOVV ORGi"Ill)LLC VARE LARLENE DESEDLE TRUST WEISMAN FAMILY LP 1 175 SAN MATEO DR '1024 10+TH S'T#7 2708 S #7 IRVING AVE SOUTH MENLO PARK, CA 94025 SANTA MONICA.ML7NIC;A CA A J(7403 MINNEAPOLIS. NiN 55406 f tique'rtes Jz r,[1 pel er S Ix�tc z la,t rt r lr d 1 Uttlisfxz l bafit AVF'.RY<`�1�3CJ-:;3 d 3 wwavery,ctam k chxqomem e E v,&gea rs.;Tel urcf powuw,,V 1-800-60-AVERY RY '�; c /,✓r;o � �,,s��aru;- 1' as� '�` -� •� � c wry ,y�`�i9r//y � �¢� r �e r H y ,r N. y m h . yk/ I I r 3 v a ,yam' _ •� ��. �', \\ . \ a, _ r :.�ou'%:a. � •, .::::>, � -- .�\as ,.ra.. �r y 4� y � Y VVIV h J � \ \ E j s x\ 4 Z � � r Y� Al M�,. k , n Y"" I V yf � H F Y• y „,n 9/ ... �m Y jIJYI� + I IM F P47 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: 2012 Awards Selection DATE: May 22, 2013 SUMMARY: Since 1990, the Aspen Historic Preservation Commission has celebrated local historic preservation successes by presenting awards to individuals, companies, and projects demonstrating excellence in preservation. This year's awards will be held on June 24th during a City Council meeting. Descriptions of the categories are below, along with a list of eligible projects. Photographs of the project will be presented at the meeting. Eligible projects were approved by HPC and have received Final Inspection or Certificate of Occupancy between April 2012 and March 2013. Only a few projects have been completed within this period. There is no limit on the number of awards that may be presented. Within the last few years, HPC identified a point system that could be used for.reference in determining which projects to recognize. RESTORATION/REHABILITATION Eligible Projects: ❑ Hotel Jerome ❑ 612 W. Main shed Maximum of 40 points: • The quality and compatibility of design (including landscape) and workmanship with the historic resource (0-5 points) • The quality of new materials and restoration of historic material in accordance with the Secretary of the Interior's Standards (0-5 points) • Sensitivity to the building's historic and architectural character(0-5 points) • The impact of the project on the surrounding neighborhood/community(0-5 points) • An outstanding example of creative work within the HPC design guidelines (0-5_ points) • An outstanding investment of time and money in restoring a building and landscape to it's historic appearance (0-5 points) • Adaptive use of a historic building that enhances the interpretation of the historic resource (0-5 points) 1 P48 o Contribution or enhancement to the interpretation of the historic resource or Aspen history (0-5 points) r NEW CONSTRUCTION WITHIN A HISTORIC DISTRICT- No eligible projects for 2012 NEW CONSTRUCTION ON A LANDMARK PROPERTY Eligible Project: ❑ Red Butte Cemetery maintenance building Maximum of 25 points: o The quality and compatibility of design (including landscape), workmanship, and materials within the historic district (0-5 points) o Sensitivity to the adjacent buildings' historic and architectural character(0-5 points) o The impact of the project on the surrounding neighborhood/community(0-5 points) o An outstanding example of creative work within the HPC DesignGuidelines (0-5 points) o Contribution or enhancement to the interpretation of the historic resource or Aspen history(0-5 points) THE "EXTRA EFFORT"AWARD This award is for an individual or group that has taken extra steps to preserve a historic resource. Potential Recipient: ? Maximum of 25 points: o The participants' dedication to look at creative options in an effort to find the best ,solution for the project (0-5 points) o The participants' willingness to volunteer designation of a property or to sacrifice some aspect of a property's development rights (0-5 points) o The quality of design(including landscape), workmanship, and materials (0-5 points) o Sensitivity to the district's or building's historic and architectural character (0-5 points) o The impact of the project on the surrounding neighborhood/community (0-5 points) THE ELIZABETH PAEPCKE AWARD This award is for an individual or group that has been a long-time preservation leader, demonstrating commitment to historic preservation or for an individual or group who has lead an outstanding one-time preservation effort that has had a clear impact on Aspen. Potential Recipient: ? P49 Maximum of 20 points: o The overall quality(craftsmanship, design, landscape,programming) of their work (0-5 points) o The innovative interpretation and enhancement of Aspen's heritage through their work(0-5 points) o Their dedication to preserving Aspen's heritage (0-5 points) o Contribution of their work to the Aspen community(0-5 points) THE WELTON ANDERSON AWARD This award is for an individual or firm that has contributed to Aspen's built environment through outstanding new design over a sustained period of time, or through one particularly important project. Potential Recipient: ? Maximum of 20 points: o The overall quality(craftsmanship, design, landscape) of their work (0-5 points) o Sensitivity to context (0-5 points) o The innovative interpretation and enhancement of Aspen's heritage through their work(0-5 points) o Contribution of their work to the Aspen community (0-5 points) 3