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agenda.hpc.20130626
ASPEN HISTORIC PRESERVATION COMMISSION REGULAR MEETING JUNE 26,2013 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 C. Public Comments D. Commission member comments E. Disclosure of conflict of interest(actual and apparent) F. Project Monitoring G. Staff comments-Update on Rubey Park Improvements H. Certificates of No Negative Effect issued 1. Submit public notice for agenda items OLD BUSINESS 5.10 A. 233 W. Hallam- Conceptual Major Development, Relocation, Partial Demolition, Floor Area Bonus, Residential Design Standards Variances and Setback Variances, CONTINUED PUBLIC HEARING NEW BUSINESS 5:50 A. 430 W. Main- Historic Landmark Lot Split and Variances, PUBLIC HEARING ELECTIONS 6:30 A. Election of Chair and Vice Chair WORKESSION 6:45 A. 557 Walnut 7:15 ADJOURN PROJECT MONITORING- Projects in bold are currently under construction. Ann Mullins 217 E.Bleeker-Kribs Jay Maytin 518 W. Main-Fornell Red Butte Cemetery 320 Lake 435 W. Main-AJCC 400 E.Hyman (Tom Thumb) 204 S. Galena 920 W.Hallam 28 Smuggler Grove Lift One 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 114 Neale Willis Pember Aspen Core 514 E. Hyman Patrick Segal 204 S. Galena 623 E.Hopkins 612 W. Main Holden Marolt derrick M:\city\planning\hpc project monitoring\PROJECT MONITORING.doc 6/20/2013 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. Pi 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, public hearing continued from May 22, 2013 DATE: June 26, 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. HPC continued the hearing on May 22nd with direction to restudy the mass, scale, height and style of the proposed new building. Additional information regarding historic location of the landmark, building code requirements, and onsite tree mitigation was requested of Staff. 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 1 P2 Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. Major Development is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. Staff Response: The applicant has made some minor revisions to the original design — the height has been lowered, chimneys reduced in number and the roof form of the new buildings changed from a gable to a gambrel. The change in roof style means that the height is over the maximum height limit. The trellis feature was replaced with a solid roof to - 14AL 6X create a stronger front porch element. �y The applicant has updated the restoration errr °r `� effort to include dormers to the historic �' ? �a-f`„ home. Overall, Staff finds that the changes are �, e not meaningful enough. HPC's main r, concerns during the May hearing were: , , x restudy mass and scale, change the style x - °' x y to be less neo-classical, restudy the _. separation between the main house and the garage, break up the ridgeline, etc. .w N { The proposed changes to do not fully # x satisfy these concerns. In addition, the f�. ; building is well over the height limit. After hearing Staff's reaction to. the _ resubmittal, the applicant plans to submit new drawings by Tuesday. The May 22"d ' r�^1W Je tBra4F PM MIP elp�� AW-47 Staff memo is. provided below for reference. HPC draft meeting minutes are attached. Staff was asked by HPC to address a few items: 1) Fire protection: A 5 foot separation between the relocated historic home and the adjacent historic home is required. The proposed 7 feet setback is sufficient to not trigger fire protection. 2) Confirm location of historic home: The 1904 Sanbome Map is below. The proposed 7 feet setback appears to be accurate for 233 W. Hallam (shown above as 227-225 W. Hallam on the map). 2 P3 3) Tree protection: Staff met with the Parks Department onsite to discuss tree mitigation and the impacts of the relocation. It is difficult for the Parks Department to give a definitive recommendation without a proper tree removal permit review. However at a conceptual level, the spruce trees are eligible to apply for a tree removal permit and, if granted, will require mitigation. The cottonwood along Hallam Street, in front of where the historic home is proposed to be relocated, is required to remain and be protected as per Parks Department's specifications. Exhibit A - May 22, 2013 HPC draft meeting minutes MAY 22, 2013 STAFF MEMO Staff Response: The applicant proposes to -' restore the historic landmark to its original = t location and appearance. 233 W. Hallam is x y x 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 ,,{b both of which have been altered to guide the restoration of 233. There are no k ; 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. T x` 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 0�/9114�093 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 fagade of the landmark and recommends that the 3 P4 lightwell closest to Hallam Street be shifted to the south (rear) of the property, away from the front facade. 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. Height: 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 4 P5 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: 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: 5 P6 1. It is considered a non-contributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the historic district or property; or 3. The owner has obtained a Certificate of Economic Hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following_criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. Staff Response: The applicant proposes to return the historic landmark to its original location according to historic Sanborne 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. 6 P7 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. 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: 7 P8 a. The design of the project meets all applicable design guidelines; b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building; c. The work restores the existing portion of the building to its historic appearance; d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; e. The construction materials are of the highest quality; f. An appropriate transition defines the old and new portions of the building; g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. Staff Response: 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. .. y R a, } f i w 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. 8 P9 SETBACK VARIANCES In granting a variance, the HPC must make a finding that such a variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Response: The applicant 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 (61) 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. 9 P10 Staff Recommended points of discussion: 1) Site design a. Shift lightwell away from the front fagade of the historic home. b. location of the primary front door for the new single family home. 2) Mass/Scale/Height 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 [provided May 22, 2013] B. Application [provided May 22, 2013] C. May 22, 2013 draft HPC meeting minutes D. Updated drawings dated June 26, 2013 10 P11 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. ❑ 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 P12 11.1 Orient the primary entrance of anew 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. ❑ 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, eave 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. 12 P13 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 22, 2013 Commissioner, Jay Maytin called the meeting to order at 5:00 p.m. Commissioners in attendance: Nora Berko, Sallie Golden, Patrick Sagal and Jane Hills and Willis Pember. Jamie McLeod and Ann Mullins were absent. Staff present: Deborah Quinn, Assistant City Attorney Amy Guthrie, Historic Preservation Officer Kathy Strickland, Chief Deputy City Clerk Sara Adams, Senior Planner MOTION: Nora moved to approve the minutes of 4/10/13 second by Jay. All in favor, motion carried. Willis disclosed that he has worked with Allen Richman and Neil Karbank but is not involved with this agenda item 604 W. Main 233 W. Hallam — Conceptual Major Development, Relocation, Partial Demolition, Floor Area Bonus, Residential Design Standards Variances and Setback Variances, Public Hearing Affidavit of Posting — Exhibit I Sara said the project is located on the corner of Hallam and Second Streets. The applicant is requesting relocation of the historic resource. Staff is recommending continuance to restudy the size of the new residence. We are ok with the proposed relocation of the resource and the partial demolition of the non-historic resource. The relocation puts the house back in its original location. They need a side yard setback variance of 3 feet and staff supports that because they are doing a restoration of the historic house. Staff is concerned about the mass of the new residence and the fact that the entrance is off Second Street. Nothing is attached to the historic resource which is great. The new development is in an L shape and overshadows the preservation of the historic home. They are requesting the 500 square foot bonus. Staff is recommending two dormers be added to the side elevation and restudy the window proportion on the historic home. The proposed new home does not meet the design guidelines. Staff feels the FAR bonus is not earned at this point but there is plenty they can do to get there. They 1 P14 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 22, 2013 need two residential design standards for the historic home basically because it doesn't have a front porch. We wouldn't want them to put a porch on just to meet the design standards. We are in favor of those variances. Mitch Hass, Haas Planning Don Ruggels, DHR Architecture Mitch said the house will move to the original site and be restored as a standalone structure. We appreciate how well focused staff's memo was as it helps with what we are addressing. The lot is over 9,000 square feet. Our attempt is to put all of the new development within a new structure rather than adding onto the historic resource. This property sits next to two other historic houses that are almost identical. We refer these houses to the three sisters. We will pick up the house and move it to its original location as a standalone building. The amount of work that will go into this restoration is extensive and we feel warrants the FAR bonus. We are fine with working with staff and making the recommended changes. Our goal is to provide an outstanding preservation effort for this house that the city can be proud of. The bulk and mass on the new structure the house is in the R6 zone and it will be taller than the historic house. This house will also have more square footage. The separation between the buildings is 7 feet between the three of them. The new house is 21 feet away from the historic structure. What you would see is three historic structures next to each other and a 21 foot separation and then the addition. Don said this town has a tremendous maturity due to historic preservation and it is an honor to work here on a house in the West End. Mr. Kumin, the owner has a great sensitivity of historic preservation and the charge is to do whatever we can to honor the three sister buildings. We will work with this to create a proper sequence of the three buildings. They have a family of three children and an extended family that travels with them quite frequently. We have certain requirement that are needed. On the existing geometry of the three sisters have a basic roof form with a gable. We took that form and reversed it and used a hip dormer. The rhythm of the trees is really important in the design. There are two fir trees on the corner. The gable end is slightly wider and higher than the historic houses. Because the trees are very vertical we wanted the windows to also be vertical. The L shape opens its arms and embraces the three sisters. We have met with the arborist and the existing trees will be protected. We will work with the committee on all the details as we want the building to resonate as a building 2 P15 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 22, 2013 of its own time. We also looked at a porch but the trellis idea is like the trees with a filtering light. We can also look at a porch if the board feels that is important. This is on a corner site and we wanted to relieve parking on Hallam and have the entrance on Second Street. With the entrance on Second Street it creates less pressure with sidewalks and parking. Nora asked about the chimneys. Don said there is a mechanical room below the garage which reflects one chimney. Nora said her concern is that the size of the addition is about 28% bigger than the historic resource. Is there a way to quiet down the size. I feel the historic resource is getting lost and it is behind trees. Don said he is glad to take one chimney off if that would be preferable to the committee. We are always looking for balance and symmetry. One balances out the other. Patrick said because of the trellises the site would be opened up more if the garage was attached to the structure then the east side would have two non- covered areas. Opening it up more to the south would be preferable. Don said we originally had it attached but according to the residential design standards on secondary mass you would have to have some kind of connector Sara said there are different ways to design secondary mass to meet the residential design standards that does not require a linking element or a trellis like this. There are lots of ways to do it. Mitch said guideline 11.3 doesn't necessarily apply to all properties. Here we want the relationship with the other two sister houses that are not on the same site. The houses are 7 to 8 feet apart. We hear loud and clear that we have to address the overall-mass and scale. There is 21 feet separation east to west and 20 plus feet separation north to south. Jane said it appears that the applicant is willing to accommodate and work with staff's wishes in order to be able to accomplish the goals. The historic resource is our most important part of the application. 3 P16 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 22, 2013 Commissioner, Jay Maytin opened the public hearing. Jane Wells: I am the middle historic house of the three sisters. I am concerned about the relationship of the three sisters. The 7 feet separation stated by staff is based on the Sanborn information. We have come to the conclusion about what the historic distance was. The relationship of the three is based as being identical but actually I measured the space between the first and seconds and it is 8.4 feet. I also have concern about the two heritage pine trees that have to be removed and the massiveness of the proposed structure. Peter Fornell: I commend the developer for restoring the historic asset. If you don't have ten feet between the buildings you will have to have a one hour fire wall along the east elevation of the building. Alex Hill, 214 W. Bleeker— I own one of the sisters. I like the design. My observation is that the scale diminishes the quality of the three historic buildings. Sara said she received a letter from Philip and Susan West— Exhibit II — They are pleased that the historic structure is being restored. The concern is the size of the new house and they are opposed to the 500 square foot bonus. A very large home in that location will detract from the character of our block and the neighborhood. Nora pointed out that our charge is to protect the size and scale of the neighborhood and we don't have a lot of opportunity to that anymore and here is a place we could. Jane said she would like to see this continued and I'm excited to see the next phase. We have a great opportunity to restore the asset. Tree mitigation with the City of Aspen is a continued issue. Willis commented that the guidelines are derived from Victorian typology and 19th century. I am a little concerned about the inconsistency in the presentation with regard of talking of its time. The west elevation has brought a lot of commentary with the long bar and relentless ridgeline. Maybe look at a more fractured volume. I see Williamsburg here and 18th 4 ASPEN HISTORIC PRESERVATION COMMISSION P1 MINUTES OF MAY 22, 2013 century architecture. It looks a little too neoclassical. We don't want to replicate architecture and we don't want Williamsburg. Sallie suggested studying the distances between the houses to whatever is correct. Also check on the firewall statement by Peter Fornell. You need to look at mass and scale. I appreciate the separation between the garage and the house. Commissioner, Jay Maytin closed the public comment section of the agenda item. Jay asked the applicant to provide the accurate measurement between all three sisters. The mass and scale of the garage and new house needs some work. Pulling the house back so that the site line is correct is important and also moving the second floor mass from the same corner, the northwest corner of the property. The representation of the light wells and dormers are appropriate. I am ok with the residential design standards for the porches. We also need to know if the large pine trees are going to be removed and we need something from the Parks department with regard to the trees. The main reason for continuation to me is the trellis. I also have an issue with the large skylight and light pollution. Don said he is open to addressing what each commissioner brought up. I will work on the mass and we will look at the skylight more closely. I am not sure what the board likes, the trellis or porch? Jay said we need a definitive statement whether you want the trellis or the porch. Patrick said in this case the trellis is considered mass. Willis said he doesn't feel light pollution is in our purview and the skylight doesn't bother him. Jay said the skylight is fenestration for final review. MOTION: Jay moved to continue 233 W. Hallam until June 26th , second by Patrick. All in favor, motion carried. 604 W. Main — Historic Landmark Lot Split, Demolition of Sheds, setback Variances, Public Hearing 5 25'-81/2' 24'-a 14'-812" 20'-4 10 3'- --------------------------------------------------------------------------------------------------------------------------------------------------- I pr t2 b 8-z T-5117 5-9, 17.71rZ IJI l(r --4 1 111 III 1 12'- 0" 3'-3 DN T-7111 S.-.lr, 1-13E�C111%lIVINED r7� Fp m\ 7 17'-T' 4.1111 1-7 5 -.77777-77777 I II E2 II II I I 141 D H R ARCHITECTURE R 3200 CHERRY CREEK SOUTH DRIVE � # p SUITE410 DENVER,CO. 80209 TELEPHONE 303 355-246D FACSIMILE 303 355-2546 DHRARCHITECTURE.COM � ,6 0 KUMIN RESIDENCE 233 WEST HALLAM ST. 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F l i t OH—A 6TFEET-ELEVATON_—__ DHR - AIt C H 1 T E G'TU HC _ � rff;{7��7 •( ,i,: .�\. — — �� KUMIN RESIDENCE T'tl"+h,,If �4 - t3]Y.£6TNALW.I6T. - i== - v PERRPECTIVES 5 e 9 �W1LWA6TREET-eTREET6CAPE wcuswn,LL vam�laafrtul P19 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: 430 West Main Street- Historic Landmark Lot Split, Setback Variances, Floor Area Bonus- Public Hearing DATE: June 26, 2013 SUMMARY: The subject property is located within the Main Street Historic District and contains a late 19`h century Victorian era home that currently functions as an office. It was built for M.O. Berg in 1892. Mr. Berg was the proprietor of The Mint saloon in downtown Aspen. In 2005, a previous owner received approval for a Historic Landmark Lot Split, but never filed a plat to finalize the subdivision, so the approval expired. The new owner proposes to resurrect the lot split. A 4,000 square foot parcel will be created on the west side of the Victorian. The right to develop a single family home on this parcel will be converted into 8 TDRs, to be landed elsewhere in town. 144 square feet of buildable area will be left on the lot. A very large "heritage tree" will be preserved without impacts from the construction that would have been possible without the TDRs. The remaining '5,000 square foot parcel will contain the Victorian structure. The applicant requests a 500 square foot floor area bonus, which will be used to cover a portion of the 2,350 square foot Victorian. The unused development rights on this lot will be 518 square feet, 500 of which is to be converted into 2 TDRs and sold. 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 grant a setback variance and a floor area bonus. Staff recommends that the Historic Landmark Lot Split be supported. Staff recommends that HPC approve the setback variance and floor area bonus. APPLICANT: Karbank 430 LLC, Neil Karbank, represented by Alan Richman Planning Services. PARCEL ID: 2735-124-42-004. 1 P20 ADDRESS: 430 W. Main Street, Lots K, L, and M, Block 37, 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 et s Board ounds parcel Commissioners or the City Council or the land is described as 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 applicant 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: No subdivision exemption or lot split exemption has been executed. d. A subdivision plat which meets the terms of this Chapter e th conforms County Clerk and requirements of this Title, is submitted and recorded in the office of tY 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. 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. 2 P21 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: No building sits on the proposed new lot line. No buildings will be demolished. 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 4,000 square foot lot is eligible for 2,144 square feet of residential floor area, or 8 TDRs. The 5,000 square foot lot is eligible for 2,868 square feet of floor area (including a requested floor area bonus), or 2 TDRs after the existing Victorian house is covered. In spite of the floor area calculation being based on residential potential, the Victorian 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. 3 P22 Staff Finding: The development will meet the dimensional requirements of the zone district except for a setback variance that is requested within the authority of the HPC. The proposed lot split creates one new setback encroachment. HPC is asked to approve a setback variance along the west side of the Victorian, to allow the new lot line to be 3', rather than 5' from a portion of the structure. 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 reduction be granted on the new 5,000 square foot lot, so that the existing building can be left intact. FAR BONUS In selected circumstances,the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design of the project meets all applicable design guidelines; b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building; c. The work restores the existing portion of the building to its historic appearance; d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; e. The construction materials are of the highest quality; f. An appropriate transition defines the old and new portions of the building; g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. Staff Response: The applicant does not propose any construction at this time. The floor area bonus is proposed to be applied to existing construction, thereby increasing the amount of unused floor area that can be sold as TDRs. The Victorian structure is in good condition, with no significant opportunities for restoration. At some point in the past, the original porch was enclosed, the re-opened. The existing porch columns are not historic, nor is the baluster railing on the porch. The railing probably did not exist historically. Staff recommends it be removed as part of the bonus. 4 P23 The primary justification for granting a bonus is the fact that the historic building will be the key element of the property. The house will remain at the center of the site, with ample surrounding open landscape. 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. RECOMMENDATION: Staff recommends that HPC support the Historic Landmark Lot Split, and approve a setback variance and floor area bonus, with the following conditions: 1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing the property into a 4,000 square foot lot and a 5,000 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 grants a 2' west sideyard setback reduction for the lot containing the Victorian building. 3. HPC grants a 500 square foot floor area bonus, to be applied to the calculation of floor area relative to the existing building. No expansion is approved. 4. Remove the railing at the front porch of the Victorian, if allowed by Building Code. 5. 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: 5 P24 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: 430 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. Exhibits: Resolution# , Series of 2013 A. Application 6 P25 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT AND GRANTING APPROVAL FOR A SETBACK VARIANCE AND A FLOOR AREA BONUS FOR THE PROPERTY LOCATED AT 430 W. MAIN STREET,LOTS K,L,AND M,BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # , SERIES OF 2013 Parcel ID #: 2735-124-42-004 WHEREAS, the applicant, Karbank 430 LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split, Setback Variance and Floor Area Bonus for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, 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 receive approval for a setback variance, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C.La; and WHEREAS, in order to receive approval for a floor area bonus, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C.Lc; and WHEREAS, Amy Guthrie, in her staff report dated June 26, 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 June 26, 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 a setback variance and floor area bonus with the following conditions: 1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing the property into a 4,000 square foot lot and a 5,000 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 grants a 2' west sideyard setback reduction for the lot containing the Victorian building. 3. HPC grants a 500 square foot floor area bonus, to be applied to the calculation of floor area relative to the existing building. No expansion is approved. 1 P26 4. Remove the railing at the front porch of the Victorian, if allowed by Building Code. 5. 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: 430 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 P27 APPROVED BY THE COMMISSION at its regular meeting on the 26th day of June, 2013. Approved as to Form: Debbie Quinn, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Jay Maytin, Acting Chair ATTEST: Kathy Strickland, Chief Deputy Clerk 3 EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE COD ADDRESS OF PROPERTY: `l3° "J."-t S -"� ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: ')i..Lw4. zb , 20\3 STATE OF COLORADO ) ss. County of Pitkin /� ) I, f\-L A v\- � (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 to day of 5 `mot , 20 V5, 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. v.a� 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. kL Ly Signature The foregoing "Affidavit of Notice"was acknowledged before rye this `a day of 3��e , 20�, by1�. RILL. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 6?pf. ?_0 i (p Notary Public CAITLI STROTHER DOYLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124057288 ATTACHMENTS AS APPLICABLE: MY COMMISSION EXPIRES SEPT.4,2016 • COPYOFTHEPUBLICATION • 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: 430 W. MAIN STREET-HISTORIC LANDMARK LOT SPLIT AND VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, June 26, 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, to consider an application submitted by Karbank 430 LLC, 604 W. Main Street, Aspen, CO 81611, owner of the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, PID #2735-124-42-004. HPC is asked to make a recommendation to City Council regarding a proposal to subdivide the property into one 4,000 square foot lot (Lot 1) and one 5,000 square foot lot (Lot 2). Lot 1 will be a vacant parcel. The owner intends to remove all development rights from the property by selling Transferable Development Rights. Lot 2 will contain the existing Victorian era building. HPC is asked to approve a setback variance along the west side of the Victorian,to allow the new lot line to be 3', rather than 5' from a portion of the structure. HPC is asked to grant a 500 square foot floor area bonus, which is also intended to become Transferable Development Rights. 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/Jamie Brewster MacLeod Vice Chair,Aspen Historic Preservation Commission Published in the Aspen Times on June 6, 2013 City of Aspen Account i AkOAV-09-008-1 i W1dn-d0d pjogaj Of JOIgAgJ wa,uawey:) I alp S sua 0091S®Ab3Ab1!iege6 Of zas!I!in wortiane-mmm ;ap u!;e aintpey el @ zapdaa - ja!ad @ sope;sauanbl q 501 WEST MAIN LLC ALPINE BANK ASPEN FAMILY HOLDINGS LLC 532 E HOPKINS AVE ATTN ERIN WIENCEK 137 WESTVIEW DR ASPEN, CO 81611-1818 PO BOX 10000 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 ASPEN FSP ABR LLC ASPEN MESA STORE LLC ASPEN SQUARE CONDO ASSOC INC 11921 FREEDOM DR#950 C/O ASPEN BLUE SKY HOLDINGS LLC 617 E COOPER AVE RESTON,VA 20190 PO BOX 8238 ASPEN, CO 81611 ASPEN, CO 81612 BAILEY RYAN TANNER MCKENZIE TRST 50% BLOCKER LAURA G BRIEN ALICE BAKER& HOSTETLER LLP PO BOX 9213 110 NEALE AVE 303 E 17TH AVE#1100 ASPEN, CO 81612 ASPEN, CO 81611 DENVER, CO 80203 BROOKS NORMAN A& LESLEE S CARINTHIA CORP CARTER RICHARD P 16311 VENTURA BLVD#690 45 E LUPINE DR PO BOX 2932 ENCINO, CA 91436 ASPEN, CO 81611 TELLURIDE, CO 81435 CHRISTIANA ASPEN CONDOMINIUM CHRISTIANA UNIT D101 LLC CITY OF ASPEN OWNERS ASSOCIATION INC 795 LAKEVIEW DR ATTN FINANCE DEPT 678 COUNTY RD 127 MIAMI BEACH, FL 33140 130 S GALENA ST GLENWOOD SRPINGS, CO 81601 ASPEN, CO 81611 CLEANER EXPRESS CLICK JANE COCHENER CAROLINE A TRUST#5 435 E MAIN ST 333 W MAIN ST#2A 7309 EAST 21ST ST#120 ASPEN, CO 81611 ASPEN, CO 81611 WICHITA, KS 67206 COLORADO MTN NEWS MEDIA CORONA VANESSA LOPEZ CORTALE ITA PO BOX 1927 PO BOX 3670 205 S MILL ST#112 CARSON CITY, NV 89702 ASPEN, CO 81612 ASPEN, CO 81611 DAHL W ROBERT& LESLIE A DESTINATION RESORT MGMT INC DILLON RAY IV 83 PECKSLAND RD 610 S WESTEND ST PO BOX 10543 GREENWICH, CT 06831 ASPEN, CO 816112142 ASPEN, CO 81612 DRATCH KATE TYCHER 2012 TRUST EMERICK SHELLEY W FARR CHARLOTTE ROSELAND PROPERTY CO/BARBARA 2449 5TH ST 306 MCCORMICK AVE MASCERA BOULDER, CO 80304 CAPITOLA, CA 95010 233 CANOE BROOK RD SHORT HILLS, NJ 07078 FAT CITY HOLDINGS LLC FERGUS ELIZABETH DAWSON FINE FREDRIC N &SONDRA 402 MIDLAND PARK PL PO BOX 1515 412 MARINER DR ASPEN, CO 81611 ASPEN, CO 81612 JUPITER, FL 33477 ®0915 pA��d D T wia6P3 do-dod asodxa �� jaded paaj CD091S aleldwal okaAV ash 01 awl 6uole puce slageq ®laad Ase3 A113AV-O9-008-L T Widn-dod pjogaj a1 j919APJ lu8wa6je43 I ' WOYAJane-mmm i ap ul;e OM43ey el q zalidaa op sues 009LS QAH3AV L!jege6 al zosmin v salad q salpq sal;anbq FISCHER SISTIE FISERV ISS& CO FRIAS PROPERTIES OF ASPEN LLC 442 W BLEEKER FBO ROBERTA N LOWENSTEIN 730 E DURANT ASPEN, CO 81611 PO BOX 741626 ASPEN, CO 81611 BOYNTON BEACK, FL 33474 GANT CONDO ASSOC INC GARMISCH LODGING LLC GOLDENBERG STEPHEN R&CHERYL J 610 S WESTEND ST 110 W MAIN ST 430 W HOPKINS AVE ASPEN, CO 816112142 ASPEN, CO 81611 ASPEN, CO 81611 GOLDMAN DIANNE L H &H PROPERTIES LLLP HAYMAN JULES ALAN PO BOX 518 807 W MORSE BLVD STE 101 9238 POTOMAC SCHOOL DR FAIRFIELD, CT 06824 WINTER PARK, FL 32789-3725 POTOMAC, MD 20854 HILLMAN TATNALL L REV TRUST HOWELL DANIEL B& MARY H HUDGENS ROBYN 504 W BLEEKER ST 3701 PALMA CEIA CT 401 W BLEEKER ST ASPEN, CO 81611 TAMPA, FL 33629 ASPEN, CO 816111225 HY-MOUNTAIN TRANSPORTATION INC JEWISH RESOURCE CENTER CHABAD JOHNSTON FAMILY TRUST 214 B AABC OF ASPEN 2018 PHALAROPE ASPEN, CO 81611 435 W MAIN ST COSTA MESA, CA 92626 ASPEN, CO 81612 KIRVIDA KATHY L REV TRUST LORENTZEN AMY L MACDONALD BETTE S TRUST PO BOX 518 26 GREENVIEW WAY 15 BLACKMER RD LINDSTROM, MN 55045 MONTCLAIR, NJ 070432532 ENGLEWOOD, CO 80110 MOLLER DIANE T MURPHY JULIANNE RUTH &WILLIAM NORTH AND SOUTH ASPEN LLC 1710 MIRA VISTA AVE REES 200 S ASPEN ST SANTA BARBARA, CA 93103 9833 SHORELINE ASPEN, CO 81611 LONGMONT, CO 80504 NORTHWAY LLC PERRY EMILY V PIONEER PARTNERS LTD 106 S MILL ST#202 1497 ISABELLA LN 617 W MAIN ST ASPEN, CO 81611 SANTA BARBARA, CA 93108 ASPEN, CO 81611 QUINN CHRISTINE RAINBOW CONNECTION PROPERTIES RISCOR INC 333 W BLEEKER ST 4475 NORTH OCEAN BLVD#43A 2651 N HARWOOD ST#580 ASPEN, CO 81611 DELRAY BEACH, FL 33483 DALLAS,TX 75201-1576 ROSENTHAL DIANNE SAND CANYON CORP SCHALL FAMILY TRUST 8/31/1998 PO BOX 10043 ATTN KAREN COGBURN 3841 HAYVENHURST DR ASPEN, CO 81612-7311 4875 BELFORT RD#130 ENCINO, CA 91436 JACKSONVILLE, FL 32256 T f ,ua6P3 do-dod asodxa jaded paal ®p9S aleldwa.L®tiany ash ®09L5 ®AU�b !; slagel lead Ase3 A213Ab�-O9-008-1 i Widn-dod pro a�a �a n a ivawabjey� f 4 I I� a sue &0915®AH3"i!aege6 al zes!II;n wortiane•Annnnn op ul;e ainpey el @ zaildea P 5 r _ _ � � ialad @ sallied sauanbl;� - - - - - - - - - - - SCOTT MARY HUGH SEAL MARK SMITH ANDREW C& DONNA G RUSSELL SCOTT III &CO LLC PO BOX 9213 3622 SPRINGBROOK ST 5420 S QUEBEC ST#200 ASPEN, CO 81612 DALLAS,TX 75205 GREENWOOD VILLAGE, CO 80111 STUART DANIEL S&TAMARA B TOMS CONDO LLC C/O BRANDY FEIGENBAUM PC TUCKER LUCY LEA PO BOX 3274 132 MIDLAND AVE#4 PO BOX 1480 ASPEN, CO 81612 BASALT, CO 81621 ASPEN, CO 81611 TYCHER DANA 2012 TRUST ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION ROSELAND PROPERTY CO/BARBARA 6450 AVENIDA CRESTA 600 E HOPKINS#304 MASCERA LA JOLLA, CA 92037 ASPEN, CO 81611 233 CANOE BROOK RD SHORT HILLS, NJ 07078 VERNER DANIEL A& MERYLE WAGNER HOLDINGS CORP LLC WENDT ROBERT E II 2577 NW 59TH ST C/O BILL POSS 350 MT HOLYOKE AVE BOCA RATON, FL 33496 605 E MAIN ST PACIFIC PALISADES, CA 90272 ASPEN, CO 81611 WERLIN LAURA B TRUST WHIPPLE JOHN TAGGART 2279 PINE ST 121 S GALENA ST SAN FRANCISCO, CA 94115 ASPEN, CO 81611 T ®0915 Wla6p3 do-dod asodxa jaded paai T 009L5 a;eldwal®tiaAV asn i eAU3A%f Q i o3 cull 6uole puag v ; slagel ®laad Ase3 gg g. d RINI"' Ma z ,rr� '- y �s• W, � r ME •; p u ' „. s T5 MAPi r, r N , Date Wed June 2 2013 pI TIf ■I Y� ourtc(I Chambers,city 'Purpose x (tPG w�w an a 1Na icon, = subm ed by j�e bank,43 LLG,0 =� 5' 1tU llaic� As„ ri CC,8161 ( HF?C writ P rriaE a rBCAiriMe tOl�2C+�,f?UnCI � if acdEn f tsdw�sion a,Wi ro ert� ; " IP:wrEE reuiern+ settaokyarce& rlarrred 71e �i ant wilt mate 3 "��'" �� � � trans#era��"deveE,,,,��nI}� j 1•� y x y' Far„„ cttkh trnf„_,,err ak[ ntactAv 3 �' ., on rim y, 2�° AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: /t30 W • tk� SV— , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Z(o 9 , 20 i ;� 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 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 hewing. A COPY of the oAlners and governtnental 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 jj�_day Of , 20L?2_, by 47,,, WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE S I � -57 RE: 438 W.MAIN STREET-HISTORIC LAND- My commission expires: �''cam) I\Y MARK LOT SPLIT AND VARIANCES NOTICE IS HEREBY GIVEN that a public hearing / J will be held on Wednesday,June 26,2013,at a T\'� meeting to begin at 5:00 p.m.before the Aspen Historic Preservation Commission,in Council Chambers,City Hall,130 S.Galena St.,Aspen,to Notary Public consider an application submitted by Karbank 430 LLC,604 W.Main Street,Aspen,CO 81611,own- er of the property located at 430 W.Main Street, Lots K,L,and M,Block 37,City and Townsite of Aspen,PID#2735-124-42-004. HPC is asked to make a recommendation to City Council regarding a proposal to subdivide the property into one 4,000 square foot lot(Lot 1)and one 5,000 square foot lot (Lot 2). Lot 1 will be a vacant parcel. The owner intends to remove all development rights from the property by selling Transferable Development Rights. lot 2 will contain the existing Victorian era ATTACHMENTS AS APPLICABLE: building. HPC is asked to approve a setback vari- ance along the west side of the Victorian,to allow 1E PUBLICATION the new lot line to be 3',rather than 5'from a por- tion of the structure. HPC is asked to grant a 500 square foot floor area bonus, ed to become Transferable Development is also intend- ed Rights.. PH OF THE POSTED NOTICE (SIGN) For further information,contact Amy Guthrie at the n City of Aspen Community Development Depart- i OWNERS AND GOVERNMENT AGENGIES NOTIED ment,130 S.Galena St.,Aspen,CO,(970) 429-2758,amy.guthrleOcityofaspen.com. Vice Chair,Asipen Historic MacLeod Preservation Dom- CERTICICATION OF MINERAL ESTATE OWNERS NOTICE mission Published in the Aspen Times Weekly on June 6, M BY C.R.S. §24-65.5-143.3 - - 2013. [9239149] ,