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HomeMy WebLinkAboutagenda.hpc.20130814 ASPEN HISTORIC PRESERVATION COMMISSION REGULAR MEETING AUGUST 14,2013 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 r/ C. Public Comments D. Commission member comments E. Disclosure of conflict of interest(actual and apparent) F. Project Monitoring: 435 W. Main and 204 S. Galena G. Staff comments H. Certificates of No Negative Effect issued I. Submit public notice for agenda items OLD BUSINESS A. None NEW BUSINESS 5:40 A. 701 N. Third Street- Major Development, Final, PUBLIC HEARING 6:10 B. 517 E. Hyman Avenue- Minor Development and Partial Demolition, PUBLIC HEARING, Continued from July 10th WORKESSION 6:50 A. 300 E. Hyman and 434 E. Cooper 7:30 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. 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 205 S. Spring-Hills 1102 Waters 332 W. Main 28 Smuggler Grove 1006 E. Cooper Sallie Golden 400 E.Hyman (Tom Thumb) 305 S. Mill (Above the Salt) Jane Hills 114 Neale Aspen Core 605 W. Bleeker Willis Pember Aspen Core 514 E. Hyman 204 S. Galena Patrick Segal 204 S. Galena 623 E. Hopkins 612 W. Main Holden Marolt derrick M:\city\planning\hpc project monitoring\PROJECT MONITORING.doc 8/9/2013 3 West Main Street 212 216 9268 Tel Irvington NY 10533 914 478 1597 Fax ARTHUR CHABON ARCHITECT August 4,2013 Ms Amy Guthrie City of Aspen Historic Preservation Officer 130 South Galena Street Aspen,CO 81611 By Email: amy.MghEe@c4ofasl2en.com Re: Aspen Jewish Community Center;Chabad of Aspen The Parsonage Dear Amy: Attached please find proposed alterations to the Main Street and Third Street facades of the AJCC Parsonage. As you know,we were asked by the City Water Department to shift the front porch of the building by 6'toward the south to accommodate a water main. We were able to accomplish this change by simply reducing the amount of roof on Main and 3,d Streets and modifying the size of the porch. As you can see in the two comparative perspective renderings,the changes do not dramatically impact the overall design of the building. I am available to discuss these.revisions at your convenience. Since ly, ur Chabon Cc Rabbi Mendel Mintz Brad Schlosser Jeff Davis Chris Passero Tom Scott Kin Huang Jairo Vela Alan Richman FRONT PORCH SHADED PINK REDUCED BY b AREA IS OFRCM FEET SHONM IN AP-OWO GREY FOOTPRINT. RyC. E%ISTI ^_X15TI PROPERTY ARLT L w OYl•r MOUND LURRA. T2�E TO TREE TO LINE REMAIN RE,AIN MAIN ISTREET /5'5'SET BACK ' c:. t.: RQ • •I ,OPEN I °P PROPOSED— PR09EP I PORCH I YARD ��r/ •. I _�_ J PA%T 61A E A5 N R^•9 — y i p+fin STEPP b / �P ! -- STONE WALK �_�!� I N GREEN MOIAO 05E!;' - I LWRANt F'I} Fy DR P ANTINS e^L IF I �I—_ PA¢SONASE IIr eTDE°e_�e�vs'iNA",BY I.. FV _ II APPROVED JEWISM CENTER BUILDING '� � ex15TIN6 44 i OTPIO \ + PELICVOUS TR^P I [n \ - o •0 I\/ co .l !� PLAY6ROIlD �'• FIO + _ ° O T4 . ' a\ 0 e7°lo irtov.: Drove �ASn _I i' I y I LABIN LA51N LA51N I . � I 14 CIS •Ib - �'��plll� 1. I.. •I P-I P P P_4 RF ' P-1 [l$Dq(f[{'-'"��-�7('ryy7' - '.. .SNRUB9 _ _ _ _SnRJeS •_O _._ _. _ i - - - - �_- - � . SP�PE°/ate' It ALLEY BLOCK 38 /� / NORWAY MA°L5 ` "a to.Fb. 98052 PROPERTY , LINE XISVNS TREE TO REMAIN 5'5ET BACK - ARTHUR CHABON ARCHITECT AJCC Parsonage Site plan August 2 , 2003 Aspen , Colorado Scale 1/4"=1'-0' N M C LINE OF ORIGNIA ____ APPROVED PORCH ... .. LME OF NEW RROROSEDOREN PORCH 4 , --------- I V q l ARTHUR CHABON ARCHITECT AJCC Parsonage First Floor plan August 2,2013 Aspen Colorado Scale 1/4"=1'-0" • :�� III •. ilill + l'ii ( ILI � � � � f I , I , j is I I i I ICI � I III � II jili ) �' Ifl I it i � j It I II I NDY PlWlETRIJ. i � _-I� I .�I' Iil I 1 I � I T:a ROOF ' t I •PPROxouTE I I ip � ��y ' I� ��g�'[ , I � _ OPEN PORCN�_ J - - ARTHUR CHABON ARCHITECT AJCC Parsonage Main Street Elevation August 2, 2013 Aspen Colorado Scale 1/4'=1'-0' d' a a I , i I III t I I I i I I i I i I I i i ! t i I i i I l 'I li 1 . . f. t i ,j, :,f, ,' ---I r- rr RE—]i� —---- I � 9 p{ppp yrupp IryCN Np j it �tf`1� I �''�l'� •.��� � IhMp N 4&�F n� r�� ii! I , ARTHUR CHABON ARCHITECT AJCC Parsonage Thlyd Street Elevation August 2, 2013 Aspen Colorado Scale 1/4"=1'•0" P6 1141 me 4 ORIGINAL APPROVED DESIGN F��r F 3 r� i _ LL{ J I a.} r... OPTION 8 FRONT AND SIDE PORCH ROOFS REMOVED ASPEN JEWISH COMMUNITY CENTER FACADE MODIFATIONS AUGUST 1,2013 ACA E HIBIT EXISTIN PROPERTY EXISTIN TREE TO LINE TREE TO REMAIN REMAIN PROPOSED DWARF PROPOSED SREE 5' SET BACK ARCTIC WILLOW MOUND CURRANT MAIN STREET 41'-O 5/5" 53'-I 7/8" 31' 6 3/8" PROPOSED _ --- DWARF MUGO PINE - g =0 T . b , E —`'— — — — — —'— — — — —' — — - — — — — — - — — — — — — — — — — — —'— — a � N EXISTING I O -- r �i�1011/ o ° �\ EGIDUOU5 � /� \ T—� � TREE _. A.//I° JRf-' CABIN 514 �9,�//��i����\\ o 1 it 4 PROPOSE PR POSED ry F{45TI61ATE AS EN TREES\ YARD I ' EDE5TR1 N PROPOSED GATE I PROPO STEPPING __ GREEN MOUND STONE WALK �' TURF PROPOSED _ I I GURRANt -1 PAR50NAGE FUTURE PLANTING BED\ I ' ry TO BE CONTAINED BY I I Q STEEL EDGING. - - r - — O' W APPROVED JEWISH CENTER BUILDING A I 87910 EXISTING r 1 "H + r _ DECIDUOUS z '� r^ j _ CABIN ��/�J Q #15 -V� 0 �j PROPOSE RAINS / -- LILAC SHRUB SCREEN - STONE WALK \, \\\ k o I � GRAVE DRIVE TURF --- TURF o + \ I "19 O 7909 T°°�T I CABIN CABIN CABIN G�BIN X14 #15 #16 # \ 10 p + I ❑, I' P'I®1 P- P- P- sp-8�1 sP 9 I'yl 1 I P 4� - X404 - T. r_ - - - - rt - 0 EX1571 EXISTIN ti-�� EXISTING --_ XI TI _ SHRUBS ,\ 9'-3 3/8 SHR 5 SHRUBS .- _ 42'_1'• --, 8' 8'-6" 8._ b•_6" � i PROPOSED NORWAY MAPLES' SPAACE GE PER En>�'�OPENT� ALLEY BLOCK 38 1 RECEPTION NO. PROPERTY 380732 LINE XI5TINS TREE TO REMAIN 5' SET SACK ARTHUR CHABON ARCHITECT AJCC Parsonage Approved Site plan August 14 , 2013 Aspen , Colorado Scale 3/32"= 1'-0" O 4' B' 6' i EXISTIN PROPOSED DWARF TREE TO PROPERTY ARGTIG WILLOW REMAIN EXISTIN LINE TREE TO MAIN STREET REMAIN 53'_1 7/5" 5'5E7 BACK PROPOSED 1 12'-10 5/5" BI .�TENTION DWARF MUGO PINE O° -, t 306 BA r \ 79:0 7s0� 79os _ I 3'2�=d3F4"--. -- —\ "! a a - -� _ ------ _ I µ _ 0 I N i O I If -',, - - - ~ —_ - _ ---_—_— --_ COLUMNS \ o 1 1O —_ -- ___ ON PILES 1 - o WATER CABIN uNE I � RooF LINE F�50TIGIATE� A ENOSTREESV �:- A I \ O EDE57RI N r I SPRUCE - YARD A I GATE PROPOSED r, STEPPING=-- I PROPO STONE WALK \ TURF I _ GREEN MOUND - FUTURE PLANTING BED\. { N N GURRANt � TO BE CONTAINED BY ' �. , STEEL EDGING. - � 2T-I I/4" 'I DECIDUOUS \ 1 _ � EXISTING I + - AB51N 1 �y 1 - PLAYGROUND �i � � o I I� _. � � � 'I 1 =�aao❑�4s _ 1 �+ - nm+cH� _I - Posrn srErRrxr A I O ST NE VwLK 1 y I I GRAVE � TURF -- NRF DRIVE V CABIN \\ 8-7910 F . ',1909. CABIN CA CABIN - BIN x15 + � ��J pl4 plb �`�/ NRF -, ANSF P _ _ -, P� - - -8 04 � - SH EXISTIN EXISTING SHRUBS ,, r - �_�� � Exlsrl y SHRUBS 5/8 q �_I�� 9'-3 " -- � �� / PROPOSED NORWAY MAPLES j ESE'RYED OFI'EN \ ALLEY BLOCK 38 5PACE PER \ RECEPTION NO. PROPERTY --- 380-732 LINE X!ST I NG TREE TO 5'5E7 BACK REMAIN P r o o s e d S i t e p l a n A u g u s t 14 , 2 0 1 3 ARTHUR CHABON ARCHITECT AJCC Parsonage P Aspen , Colorado O p t i o n B S c a I e 3/32" = 1'-0" SKYLIGHT ENLARGED RIDGE LOWERED THINNER STONE CHIMNEY WOOD SIDING, DIRECTION r CHANGED -_ j PLAYROOM _ STONE ROB CAP EXTENDED REMOVED MECHANICAL VENT ADDED I i II — I �I Il I ! j j Ili j I jjlj I ' I ail ( i � i� j � � i i Ili II � L � I I � Ilj DOOR CHANGED HATCH DOOR TO BASEMENT REMOVED Proposed Approved A J CC P a r s o n a g e A p p r o v e d a n d P r o p o s e d August 14 , 2013 ARTHUR CHABON ARCHITECT Aspen , Colorado M a i n S t r e e t E l e v a t i o n s 4' D' O p t i o n B Scale 1/4"= 1'-0" 51'-4 I/4" 55-1 5/4"ROOF LENGTH SHORTEN PLkyKOOM PORCH f - p _ II I �lllr II III II— — I I PEDIMENT - -- -_ - -.. SHORTENED - --- I I I� I I � I - I I I d I ! I III I I I li I - ,II I I I I I I I I _ I I I I I I I II I I I I II�� Iil 'I II I I Iii I I —1 I I II I V�I I I I to Dw II ADDE D IiI III — I II II Il I I I I ! li l I I II I Ii I I I I �l ENTRY DOOR UTAN&ED Proposed A p p r o v e d ARTHUR CHABON ARCHITECT A J C C P a r s o n a g e A p p r o v e d a n d P r o p o s e d A u g u s t 14 , 2 0 1 3 Aspen , C o l o r a d o T h i r d S t r e e t E l e v a t i o n s o i' 2' 4' s' O p t i o n B Scale 1/4"= 1'•0" RIDGE LOWERED STONE r -- ___-_ GAP - - i,- _- ::-_ / PLAYROOM EXTENOMP ROOF I I I I L I I ' II I I I I I I I I i I i I I I I I I u I i I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I � I I I I I I I I I I I I I � I I i I J III � I II IIII i_ � III I i II JI I I I I III II III i', L I I� I II I a I I� I — I — ' i CD D Approved Proposed ARTHUR CHABON ARCHITECT AJCC Parsonage Approved and Proposed August 14 , 2013 Aspen , Colorado S o u t h E l e v a t i o n s 0 11 21 W O p t i o n B S c a I e 1/4"= 1'-0" 55'-15/4"ROOF LENGTH SHORTEN LOVE COVERED 57'-4 I/4" O O r D 0 TWO WINDOWS POFI I_ - _ PEDIMENT SHORTEN l i V _ I i � it C L IC ry i i I I I — r' i I I I I Approved Proposed ARTHUR CHABON ARCHITECT A J C C P a r s o n a g e A p p r o v e d a n d P r o p o s e d A u g u s t 14 , 2 0 1 3 Aspen , Colorado West Elevations o r 2' 4' s' O p t i o n B Scale 1/4" = 1'•0" t tiJ4 !'u�.1 ' ` .1- �K ir.�.�i'� �'t1V � •. . - s �f. ALI ARTHUR CHABON ARCHITECT AJCC Parsonage Main Street View August 14, 2012 Colorado Option yc 4 I ; ARTHUR CHABON ARCHITECT Looking Colorado Option -.�ar,�ac,ti.:�-mac f�^ �.�.�rt•��"m'"� ARTHUR CHABON ARCHITECT AJCC Parsonage Vie • August Aspen, • • • • Option i ARTHUR CHABON ARCHITECT AJCC Parsonage Looking South-West at Alley August 14, 2012 Aspen, Colorado Option B 74 P7 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: 701 N. Third Street- Final Major Development, PUBLIC HEARING DATE: August 14, 2013 SUMMARY: 701 N. Third Street is a landmark -' designated 5,000 square foot lot that contains a remodeled Victorian era home. The property owner requests Final HPC approval to add a second floor to an existing one - , - _ story addition. APPLICANT: G. Steve Whipple, 701 North Third Street, LLC, represented by Alan Richman Planning Services. —1 ADDRESS: 701 N. Third Street, the south half of Lot 7 `� 1 and all of Lot 8, Block 100, Hallam Lake Addition, City and Townsite of Aspen. PARCEL ID: 2735-121-11-005. ZONING: R-6. FINAL MAJOR DEVELOPMENT 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 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. 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." 1 P8 There are numerous aspects of the existing structure that do not meet current HPC guidelines or Residential Design Standards. To the extent that these features are not being changed, they do not need to be brought into compliance retroactively. ' " It appears that this home would have originally had the features typical of most cross gabled Aspen miner's cottage, represented in the photo to the right; a house on Main Street. r . According to HPC records, by 1980, the subject house had been modified with a wrap g around porch and a rear addition. By the early m; 1990s, the open porch was enclosed. See =, w photos of 701 N. Third,below. Awl g �y� n s The proposal before HPC is a second floor master bedroom addition along the western end of the .property. No historic construction will be directly affected. No restoration work on the historic resource is proposed. No changes to the landscape are proposed. The proposal involves an addition of approximately 790 square feet,which will take the property to the maximum floor area of 2,960 square feet. The addition sits on top of existing non-historic construction that already encroaches into the required rear yard setback, along the north lot line. At Conceptual, HPC approved a 5' setback variance in order to extend the encroachment to the second floor level. Except for the setback variance, the project is within the allowed dimensional requirements, and is a few feet lower than the allowed height. The upper floor plate height of 7' is sympathetic to the context. 2 P9 In general, HPC guidelines allow for a two story addition to be constructed at the rear of a miner's cottage. In this case, the project is not starting from scratch, but working around the placement and character of some existing construction. At Conceptual, HPC required that there be no new development, particularly the proposed upper floor deck space, within 10' of the rear of the historic miner's cottage. The proposal more than complied with that requirement. For Final the deck has been enlarged slightly and comes up to the 10' buffer line. Staff finds that the impact on the historic cottage is still minimized. The applicant proposes a standing seam copper roof and copper gutters on the new construction. Staff recommends HPC discuss whether another metal would be more compatible. Even the most ornate of Aspen's Victorians did not typically include copper as a material. Staff otherwise finds that the proposal meets the applicable design guidelines. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends that HPC grant Final Major Development approval with the following conditions: 1. HPC granted a rear yard setback reduction of 5' through Resolution#9, Series of 2013. 2. Restudy the roof and gutter material on the new construction, for approval by staff and monitor, prior to submittal for building permit. 3. 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 3 P10 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: 701 N. Third Street, the south half of Lot 7 and all of Lot S,Block 100, Hallam Lake Addition, City and Townsite of Aspen. 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. Relevant Guidelines B. Application Exhibit A 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. 1.15 Minimize the visual impacts of site lighting. ❑ Site lighting should be shielded to avoid glare onto adjacent properties. Focus lighting on walks and entries, rather than up into trees and onto facade planes. 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. • A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. • An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. • An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. • An addition that covers historically significant features is inappropriate. 4 P11 10.4 Design a new addition to be recognized as a product of its own time. Li 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. 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. o 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. 5 P12 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY LOCATED AT 701 N. THIRD STREET,THE SOUTH HALF OF LOT 7 AND ALL OF LOT 8,BLOCK 100, HALLAM LAKE ADDITION, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #_, SERIES OF 2013 PARCEL ID: 2735-121-11-005 WHEREAS, the applicant, G. Steve Whipple, 701 North Third Street, LLC, represented by Alan Richman Planning Services, requested HPC Final Major Development approval for the property located at 701 N. Third Street, the south half of Lot 7 and all of Lot 8, Block 100, Hallam Lake Addition, City and Townsite of Aspen; 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, Amy Guthrie, in her staff report to HPC dated August 14, 2013, performed an analysis of the application based on the standards and recommended approval with conditions; and WHEREAS, at their regular meeting on August 14, 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 701 N. Third Street with the following conditions: 1. HPC granted a rear yard setback reduction of 5' through Resolution#9, Series of 2013. 2. Restudy the roof and gutter material on the new construction, for approval by staff and monitor, prior to submittal for building permit. 701 N. Third Street HPC Resolution# , Series of 2013 Page 1 of 3 P13 3. 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: 701 N. Third Street, the south half of Lot 7 and all of Lot 8, Block 100, Hallam Lake Addition, City and Townsite of Aspen. 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. APPROVED BY THE COMMISSION at its regular meeting on the 14th day of August, - 2013. Jay Maytin, Chair 701 N. Third Street HPC Resolution# Series of 2013 Page 2 of 3 P14 Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 701 N. Third Street HPC Resolution#_, Series of 2013 Page 3 of 3 E HI BI AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CO ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: X%k , 20_a STATE OF COLORADO ) ss. County of Pitkin ) I, ILL Pr^ ►�..��..�. being or representing an Applicant to the City of Aspen, Colorado,herebyepersonally 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.q day of '3 4\,!A , 20.N�, 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. r� 4� 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) +�a �'N 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. nom Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 1 Signature The foregoing "Affidavit of Notice" was acknowledged before me this L�day of A0!2�oSt , 201&, by WITNESS MY HAND AND OFFICIAL SEAL EMILY E My commission expires: �� Notary Public State of Colorado Notary ID 20094002055 Commission Expires Feb 11, 2017 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 CR.S. §24-65.5-103.3 t a 0 a � i e PUB, .` e� p ��jy Rye q 1 Qr'�;G YYY f l'kUw "t4W � T' Time: �a _ mCounctl Chambers, City u Hail 13._ S Glen, Ashen._ . Purpose: H..P..G will conduct Finai design review- F. of an appi cation_submitted,by 7Q1, North,"third Street, LLG,owner of this property. The ppllcants address is 701 N Third Street,Asper CO, 6161 The protect Is construction of_ a new addition at the rear of the � ' exiStinca hOUSc For further t� information contact the Aspen � .... Planning Dept at 970-429-2758, IF PUBLIC NOTICE RE: 701 N. THIRD STREET-FINAL MAJOR DEVELOPMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, August 14, 2013, at a regular 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 G. Steve Whipple, 701 North Third Street, LLC, owner of the property located at 701 N. Third Street, the south half of Lot 7 and all of Lot 8, Block 100, City and Townsite of Aspen, PID #2735-121-11-005. The applicant requests Final design review for an upper floor addition at the back of the existing Victorian house. 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/Jav Maytin Chair,Aspen Historic Preservation Commission Published in the Aspen Times on July 25, 2013 City of Aspen Account Easy Peel®Labels i ♦ Bend along line to i AVERY@ 51600 Use Avery®Template 51600 j Feed Paper expose Pop-up Edge TM j 1 335 LAKE AVE LLC 337 LAKE AVE LLC AMERY SALADIN 715 W MAIN ST#101 715 W MAIN ST#101 619 N FOURTH ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 AML INVESTMENT II LLC ASPEN FAMILY INVESTMENTS LLC BART QUAL PER RES TRST 430 PARKSON RD 8401 VISTA LN 909 POYDRAS ST 20TH FL HENDERSON, NV 89015 PRESCOTT, AZ 86305 NEW ORLEANS, LA 70112 BELL 26 LLC BERGER BRUCE C 2011 QPRT#1 50% CHATFIELD CROSSINGS INC PO BOX 1860 BERGER BARBARA 2011 QPRT#1 50% C/O DWORMAN DARRYL BENTONVILLE,AR 72712 600 E HOPKINS AVE#202 65 W 55TH ST STE 4A ASPEN, CO 81611 NEW YORK, NY 10019 CRAIG CAROL G CURTIS JAMES L REV TRUST DURAND LOYAL III DR & BERNICE 707 N 3RD ST 300 E HYMAN AVE BLACK ASPEN, CO 81611 ASPEN, CO 81611 415 PEARL CT ASPEN, CO 816111256 E A ALTEMUS PARTNERSHIP LLLP EBRAHIMI FRANCESCA EFH HOLDINGS LP PO BOX 5000 619 N FOURTH ST PO BOX 8770 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 FAUQUET LLC FRAZER WILLIAM R&JANE Z TRST GILLESPIE LLC 1033 SKOKIE BLVD#605 433 W GILLESPIE 191 N WACKER DR#1800 NORTHBROOK, IL 60062 ASPEN, CO 81611 CHICAGO, IL 60606 HUNT ELLEN 12.8066% KOLBE EMILY E LEYDECKER SUZANNE LYNNE PO BOX 8770 C/O HOOTENANNY LLC 710 N THIRD ST UNIT A ASPEN, CO 81612 205 S MILL ST#226 ASPEN, CO 81611 ASPEN, CO 81611 LUBAR SHELDON B& MARIANNE S MONTENEGRO GRACE LLC MUSIC ASSOCIATES OF ASPEN INC 700 N WATER ST#1200 444 MADISON AVE 4TH FL 225 MUSIC SCHOOL RD MILWAUKEE,WI 53202-4206 NEW YORK, NY 10022 ASPEN, CO 81611 MUSTANG HOLDINGS LLC NITZE WILLIAM A NORTH 4TH STREET ASSOC 715 W MAIN ST#201 1537 28TH ST NW PO BOX 7943 ASPEN, CO 81611 WASHINGTON, DC 20007 ASPEN, CO 81612 OAK LODGE LLC 87.1934% ODOM JOHN A JR FAM TRUST 50% PETERSON JAMES D& HENSLEY R C/O WILLIAM 0 HUNT ODOM LORRIE FURMAN QPRT 50% PO BOX 1714 PO BOX 7951 11490 W 38TH AVE ASPEN, CO 81612 ASPEN, CO 81612 WHEATRIDGE, CO 80033 ttiquettes faciles a peler ; A Repliez A la hachure afin de www.avery.com Utilisez le gabarit AVERY®51600 j chargement reveler le rebord Pop-upTM 1-800-GO-AVERY 1 Easy Peel®Labels i ♦ Bend along line to i AVERY® 5160® Use Avery®Template 51600 j Feed Paper expose Pop-up Edger"" j 1 PINES DAVID &ARONELLE S TRST RICHARDS ANN K RIVERSIDE AVENUE LLC PO BOX 576 1537 28TH ST NW 410 LAKE AVE TESUQUE, NM 87574 WASHINGTON, DC 20007 ASPEN, CO 81611 SALTER JAMES STUNDA STEVEN R UHLFELDER NAOMI 500 NORTH ST 602 N 4TH ST 111 EMERSON ST#1841 ASPEN, CO 81611 ASPEN, CO 81611-1212 DENVER, CO 802183792 VANDERAA GILBERT T III WESNER BLAINE F&ALEXA WOOD DUCK REALTY CORP C/O HOOTENANNY LLC 900 LIVE OAK CIR 645 FIFTH AVE 8TH FL 205 S MILL ST#226 AUSTIN,TX 78-746 NEW YORK, NY 10022 ASPEN, CO 81611 ttiquettes faciles a peter Repliez A la hachure afin de+ www.avery.com Utilisez le gabarit AVERY®51600 chaegement reveler le rebord Pop-upTM j 1-800-GO-AVERY i AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: II 701 N Aspen, CO SCHEDULED PUBLIC HEARING DATE: Infect_ & 1 (4,iD Frcain2 2013 STATE OF COLORADO ) } ss. County of Pitkin ) (name, please print) being or represent g an Applicant to the C' of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E)' ft 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 (300) feet of the property subject to the development application. The names and addresses of property oxvners 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 i11ners 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 Z-S-day of . 520 by �c WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE:701 N.THIRD STREET-FINAL MAJOR _ 'J DEVELOPMENT My commission expires: NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,August 14,2013,at a regular meeting to begin at 5:00 p.m.before the Aspen Historic Preservation Commission,in Coun- cil Chambers,City Hall,130 S.Galena St.,Aspen. HPC will consider an application submitted by G. NotMPublic Steve Whipple,701 North Third Street,LLC,own- er of the property located at 701 N.Third Street, the south half of Lot 7 and all of Lot 8,Block 100, City and Townsite of Aspen, PID #2735-121-11-005. The applicant requests Final design review for an upper floor addition at the back of the existing Victorian house. For further information,contact Amy Guthrie at the City of As- pen Community Development Department,130 S. - Galena St.,Aspen,CO,(970)429-2758,amy.guth s/Jay Maytin n.cem. ATTACIBII+NTS AS APPLICABLE: s/Jay Maytin Chair,Aspen Historic Preservation Commission 13LICATION Publish in The Aspen Times on July 25,2013 9392030 _ _ V 14 ..,F THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF NIINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 P15 0 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: 517 E. Hyman Avenue- Minor Development and Partial Demolition, PUBLIC HEARING CONTINUED FROM JULY 10TH DATE: August 14, 2013 SUMMARY: A remodel of Little Annie's restaurant is proposed, to achieve accessibility, upgrade the interior, and provide a rooftop dining area. Little Annie's was designated a landmark in 2012 as part of the Aspen Modern negotiation that also includes preservation of the Benton studio next door, and construction _. of a new building on the corner of Hyman and Hunter. HPC is asked to approve the proposed new construction along with very limited demolition/reconfiguration of the rear portion of the building. -APPLICANT: Aspen Core Ventures, LLC,represented by Stan Clauson Associates. PARCEL ID: 2737-182-24-002. ADDRESS: 517 E. Hyman Ave., Aspen Core Subdivision, aka Lot E, Block 95, City and Townsite of Aspen. ZONING: CC, Commercial Core. 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 Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information 1 P16 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 in accordance with the procedures set forth in Chapter 26.316. Staff finding: During the AspenModern negotiation for this property, the applicant was asked to consider making Little Annie's accessible. Currently there are two steps up to the entry. This project will drop the floor level of the whole restaurant so that it meets the sidewalk. The interior, including bathrooms, will be made accessible and an elevator will be added to the roof. The rear portion of the building will be reconfigured to better accommodate trasb/utility needs along the alley. Environmental Health has supported the improvements to this area. Some of the existing cold food storage and dry food storage will be moved to the new second floor level. A roof deck will be created at the front of the building. In general, this work will have no impact on the front fagade of the building, which is the primary aspect of the property's historic significance. The only element that will have a visual impact is a required second means of egress from the roof. An enclosed staircase is required to be near the front of the deck. The applicant has provided several studies of materials that could be used on the stairway, including wood siding, metal or glass. Vertical wood siding, an option not shown, would be consistent with the Little Annie's fagade. Brick to match the building to the west might also be another solution that would make the new stair unobtrusive. Staff recommends additional study with the project monitor. The applicant proposes refinishing the siding on the front fagade of the restaurant with a semi- opaque "white wash." Staff objects to this work as it would decrease the historic integrity of the building. Little Annie's was designated a landmark as a representation of the "Rustic Style" of architecture. According to the research paper, Aspen's 20th Century Architecture: Rustic Style Buildings," "Successfully handled, (rustic) is a style which, through the use of native materials in proper scale, and through the avoidance of rigid, straight lines, and oversophistication, gives the feeling of having been executed by pioneer craftsmen with limited hand tools. It thus achieves sympathy with natural surroundings and with the past." The unpainted rough finish of the materials on the Little Annie's fagade is a character defining feature of the building. The restaurant facade was presumably inspired by the pioneering history of the community. Little Annie Mine, on the backside of Aspen Mountain, was one of the first successful silver producers in the Aspen area. By the 1960s, the Little Annie's basin was occupied by a collection of remaining mining era cabins and other rustic buildings occupied by 2 P17 those that embraced an independent lifestyle. Little Annie's restaurant seems to have been designed to emulate its namesake and blend with the environment. ''• qg� h (}� Y 'r } � �•' .� k. � { 111 : Ty n r y f a i k a - �h �,_ 1 Vii.• i`♦ e � i M E f This early 1970s photo shows Little Annie's with unfinished wood siding. The original open porch area was subsequently enclosed. HPC has authority over the finish of exterior materials per Section 26.415.070 of the Municipal Code. Exterior painting is only exempt from HPC review if it is similar to the existing finish, which this proposal is not. Staff recommends the siding be maintained with a natural or transparent finish, to be reviewed by staff and monitor. Staff recommends the proposed front entry sconces be restudied to also be more in character with the Rustic style. DEMOLITION The applicant proposes a very limited amount of demolition at the rear fagade. 3 P18 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 Demolition of the structure will be inconsequential to the historic preservation needs of the area. Staff finding: Staff finds that the degree of proposed demolition is so minimal that it has no impact on the historic significance of the building. It appears to affect recent construction at the rear of the restaurant. Staff finds that the review criteria are met. 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. Study vertical wood siding or brick as siding materials for the stair enclosure. The final material will be reviewed and approved by staff and monitor. 2. Maintain the natural/transparent finish on the exterior siding, to be reviewed by staff and monitor. A painted finish on trim, doors and windows is acceptable as an existing condition. 3. Restudy the proposed front entry sconces to be more in character with the Rustic style. The final sconces will be reviewed and approved by staff and monitor. 4 P19 Exhibits: Resolution# , Series of 20.13 A. Relevant HPC design guidelines B. Application C. Public comment Exhibit A: Relevant Historic Preservation Design Guidelines for 517 E. Hyman Avenue, Minor Development and Partial Demolition 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. An addition that covers historically significant features is inappropriate. 10.4 Design a new addition to be recognized as a product of its own time. An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. 10.6 Design an addition to be compatible in size and scale with the main building. An addition that is lower than or similar to the height of the primary building is preferred. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. Locating an addition at the front of a structure is inappropriate. Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 10.9 Roof forms should be similar to those of the historic building. Typically, gable, hip and shed roofs are appropriate. Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. 5 P20 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. For example, loss or alteration of architectural details, cornices and eavelines should be avoided. 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. 10.12 When constructing a rooftop addition, keep the mass and scale subordinate to that of a historic building. An addition should not overhang the lower floors of a historic building in the front or on the side. Dormers should be subordinate to the overall roof mass and should be in scale with historic ones on similar historic structures. Dormers should be located below the primary structure's ridgeline, usually by at least one foot. 10.13 Set a rooftop addition back from the front of the building. This will help preserve the original profile of the historically significant building as seen from the street. 10.14 The roof form and slope of a new addition should be in character with the historic building. If the roof of the historic building is symmetrically proportioned, the roof of the addition should be similar. Eave lines on the addition should be similar to those of the historic building or structure. 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. 14.14 Minimize the visual impacts of service areas as seen from the street. When it is feasible, screen service areas from view, especially those associated with commercial and multifamily developments. This includes locations for trash containers and loading docks. Service areas should be accessed off of the alley, if one exists. 14.15 Minimize the visual impacts of mechanical equipment as seen from the public way. Mechanical equipment may only be installed on an alley facade, and only if it does not create a negative visual impact. Mechanical equipment or vents on a roof must be.grouped together to minimize their visual impact. Where rooftop units are visible, provide screening with materials that are compatible with those of the building itself. Screen ground-mounted units with fences, stone walls or hedges. A window air conditioning unit may only be installed on an alley facade, and only if it does not create a negative visual impact. 6 P21 Use low-profile mechanical units on rooftops so they will not be visible from the street or alley. Also minimize the visual impacts of utility connections and service boxes. Use smaller satellite dishes and mount them low to the ground and away from front yards, significant building facades or highly visible roof planes. Paint telecommunications and mechanical equipment in muted colors that will minimize their appearance by blending with their backgrounds. 7 P22 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING MINOR DEVELOPMENT AND PARTIAL DEMOLITION FOR THE PROPERTY LOCATED AT 517 E. HYMAN AVENUE,ASPEN CORE SUBDIVISION, BLOCK 95, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION# SERIES OF 2013 PARCEL ID: 2737-182-24-002 WHEREAS, the applicant, Aspen Core Ventures, LLC, represented by Stan Clauson Associates, has requested Minor Development approval and Partial Demolition to remodel the property at 517 E. Hyman Avenue. The property is a designated landmark and located within Commercial Core Historic District; 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, in order to partially demolish structures on a designated property, the application shall meet the requirements of Section 26.415.080.A.4; and WHEREAS, Amy Guthrie, in her staff report dated August 14, 2013, performed an analysis of the application and recommended that the review standards and the "City of Aspen Historic Preservation Design Guidelines"were met, with conditions; and WHEREAS, during a duly noticed public hearing on August 14, 2013, the Historic Preservation Commission considered the application, found the application was consistent with the applicable review standards and guidelines and approved the application with conditions by a vote of_to NOW,THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development and Partial Demolition at 5.17 E. Hyman Avenue with the following conditions: HPC Resolution# , Series of 2013 517 E. Hyman Avenue Page 1 of 2 P23 1. Study vertical wood siding or brick as siding materials for the stair enclosure. The final material will be reviewed and approved by staff and monitor. 2. Maintain the natural/transparent finish on the exterior siding, to be reviewed by staff and monitor. A painted finish on trim, doors and windows is acceptable as an existing condition. 3. Restudy the proposed front entry sconces to be more in character with the Rustic style. The final sconces will be reviewed and approved by staff and monitor. APPROVED BY THE COMMISSION at its regular meeting on the 14th day of August, 2013. Approved as to Form: Debbie Quinn, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Jay Maytin, Chair ATTEST: Kathy Strickland, Chief Deputy Clerk HPC Resolution# Seri es of 2013 517 E. Hyman Avenue Page 2 of 2 Amy Guthrie From: Sara Adams Sent: Wednesday,July 31, 2013 2:34 PM To: Amy Guthrie Subject: FW: LITTLE ANNIE'S DECK From: La9653@aol.com [mailto:LQ9653 @aol.com_] Sent: Wednesday, July 31, 2013 2:10 PM To: Sara Adams Subject: LITTLE ANNIE'S DECK Miss Adams, Apologies for missing the July 10 public hearing regarding the above. Unhappily, like many of us, I was away when the correspondence reached my office. As an residential condo owner at 520 E. Cooper speaking for myself and echoing the feelings of my neighbors, I MUST STRENOUSLY OBJECT TO THE APPROVAL OF THIS PROECT! In the simplest of terms, can you imaging this directly beneath YOUR window? This project endangers the peaceful enjoyment of every unit in the building. Not only can I not imagine it being approved, but I would remind the city that there was once a similar situation years ago with Andre's Disco. The building went to court to put this nuisance to an end - and won. Do we really have to repeat this mistake? Laurence Wolf 520 E. Cooper #304 Aspen, Co. 313-910-9900 1 P25 Amy Guthrie From: Sara Adams Sent: Monday, August 05, 2013 8:51 AM To: Amy Guthrie Subject: little annie's From: prissybill @att.net [mailto:prissybill @att.net] Sent: Saturday, August 03, 2013 12:53 PM To: Sara Adams Cc: PI McGovern; Larry Wolf; ARA; Buddy Caldwell; Reynie Rutledge; Bill VanOrsdel; Lester Turner Jr Subject: Sara Adams City of Aspen Community Development Dept 130 South Galena Street Aspen, CO 81611 Jamie Brewster McLeod Acting Chair, Aspen Historic Preservation Commission Aspen, CO Dear Sara and Jamie I own the residence at 520 East Cooper St. Unit 302. I want to place you on notice that I vehemently oppose the proposed deck on the roof of Little Annie's Restaurant right across the alley on the back side of our building. We, along with eight other residential units in our building, closely face the proposed deck area at the same level and would be horribly impacted by the visual and noise levels that would be generated by its use. We experienced this similar same problem with the Andre's Building many years ago. I also did not receive an official notice that you were considering this proposal and want to be included in your determinations in the future. Thank you, William F. Swearingen 520 East Cooper St. # 302 Aspen, CO 81611 404 - 2723176 William F. Swearingen 450 Conway Manor Drive NW Atlanta, GA 30327 i P26 Amy Guthrie From: Mike Millar <mmillar @millarjileslaw.com> Sent: Thursday, August 08, 2013 6:25 AM To: Amy Guthrie Subject: Little Annie's Re-Development Ms. Guthrie: My wife and I and two other families own a condo immediately behind Little Annie's Restaurant. We understand that a proposal is pending for the re-development of the property which will involve construction of one or more roof decks, including one on the rear of the building. As much as we love Little Annie's,we write to be on record as opposing the construction of any outdoor dining area or roof deck. The proposed roof deck would be within 30 feet of two of the bedrooms of our condo and, we respectfully suggest that the additional noise which will certainly arise from the proposed space will represent an unreasonable intrusion on the use and enjoyment of our condo throughout the hours of operation of the restaurant. The HPR of which our condo is a part contains 9 residential condominiums. I think I can safely say that each of the owners shares our concern regarding this proposed project. We understand that you will share our opposition with appropriate City and Commission officials. Thank you for your assistance. Mike Millar Millar Jiles, LLP 401 W. Center P.O. Box 1406 Searcy,Arkansas 72143-1406 Ph: 501-268-8220 Fax: 501-278-5995 Please note my new email address: mmillar @millariileslaw.com The information contained in this electronic message contains confidential information protected by the attorney-client privilege, the attorney work product privilege and is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2521. It is intended solely for the addressee(s)hereof and privileges are not waived by transmission hereof and receipt by unintended persons. If this transmission is received in error,please delete the message immediately, without review, copying,printing, or retransmission and notify us by return email or by phone at 501.268-8220. Please note that, if this electronic message contains a forwarded message or is a reply to a prior message,some or all of the contents of this message or attachments may not have been produced by Millar Jiles, LLP. Receipt of electronic mail or reply to electronic mail does not establish an attorney-client relationship between sender and recipient. This notice is automatically appended to each electronic message from this sender. WE ARE REQUIRED BY IRS CIRCULAR 230 TO INFORM YOU THAT ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN TO BE USED,AND CANNOT BE USED,BY YOU OR ANY OTHER TAXPAYER FOR THE PURPOSE OF AVOIDING ANY PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW. 1 P27 Amy Guthrie From: Reynie Rutledge <rutledge @fsbancorp.com> Sent: Thursday, August 08, 2013 6:39 AM To: Amy Guthrie Subject: FW: Little Annie's From: Reynie Rutledge Sent: Thursday, August 08, 2013 7:01 AM To: 'amyguthrie @cityofaspen.com' Subject: Little Annie's My family and I love Little Annie's and eat there at least once each time we come to Aspen. That said I would be very disappointed if the City allowed them to put a roof deck on the building. Our condo is in the Aspenhof Building which is across the alley from Little Annie's. Our bedroom is on the back looking at Annie's. The noise that would be generated from this new addition would not be tolerable and would greatly devalue our property. Please do not allow this addition to our downtown core!!! Thank you for your consideration. Reynie Rutledge DISCLAIMER: This transmission, including any attachments, is for the sole use of the intended recipients and contains information from First Security Bank that may be privileged and confidential. If you are not the intended recipient, or the person responsible for delivering this information to the intended recipient, please notify the sender immediately and delete the original transmission. If you are not the intended recipient, you are hereby notified that any disclosure, copying, printing, distribution, or other use of any of the information contained in or attached to this transmission is strictly prohibited. 1 LEGEND AND NOTES O PREVIOUSLY FOUND OR SET SURVEY MONUMENT ga 0 10 20 0 STREET LIGHT ❑ UTILITY BOX p SURVEY CONTROL TITLE INFORMATION FURNISHED BY: FIDELITY NATIONAL TITLE IN COMPANY COITBI TMENT N0. F220015 DATED: SEPTEMBER 17,2010 • WATER VALVE FENCE POSTED ADDRESS:.'517* �>Y � � SEE OLD JOB NO. 2320 AND 32232A •Z d `]• *U'� A SUI LOING, PLANTERS, LIGHTS SIGNS,ETC.ENCROACH INTO R.O.W.'S 24.BO•RECOR�R O •Y�T� THE OUTHWE STDCORNEREOFOLLOTWPSBLOCKN94 0 F6D 291K IN475'98'111 AND ) W. Y' NORTHWEST CORNER BLOCK 95 LS 21643 NOR 12ONTAL CONTROL Q BACK OF I'D 38 COPS CONC. WALK / rA4p 23715 FMCRDA T eRla e4rbl� �` eN er / S 2509'1j. n / F 30.10. 2376 RF ORD.'I'S BLOCK LENGTH / S / ou�vnl WS Spg.11 F 120.39 CONC. WALK A_ c l Bo l I / o Z STORY / 1BUII.1DING 'LITTLE ANNIE'S' / CERTIFICATION JOHN HDWORTH, HEREBY CERTIFY TO ASPEN CORE VENTURES LLC AND FIDELITY NATIONAL TITLE INSURANCE LOT / COMPANY CHAT I M1 A PROFESSIONAL LAND SURVEYOR LICENSED L®T E / UNDER THE LAWS OF THE STATE OF COLORADO:THAT THIS PLAT IS TRUE CORRECT AND COMPLETE AS UID OUT AND SHOWN / / HEREbN: THAT THIS PLAT WAS MADE tY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY / DIRECT SUPERVISION IN NOVEMBER, 2010. THE LOCATION AND DIMENSIONS OF ALL BUILDINGS IMPROVEMENTS EASEMENTS, I I RIGHTS-OF WAyy IN EVIDENCE Oft KNOWN TO ME AND ENCR07l��HHMMEEh S�1W+`:ARa.pN HE REAL 11 PERT Y ARE / AUURATEU$ WK h THAT THIS PLAT MEETS THE c RE�I RE,{IEI}�t�l131�POVEMENT SURVEY PLAT AS SET FORTH / JOHN RTI�C 225447': NNIJI I41gv l ` ,y� -W J I 441E Y SO f 0 O / / 1 r NFyR ! I zO.2 RECORD -9 S Q / FOGE OF PAVFyFN7 IAIIPR®VEMENT SURVEY OF (PARCEL TWOI LOT E,BLOCK 95,CITY AND TOWNS 111 OF ASPEN COUNTY OF PITKI N. STATE OF COLORADO. AREA: 3,010 S.F.-/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 5OUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX(9707 925-3816 CTICE:ACCOADIW D.E. LATH YW MU[T CONf CE ANY LEWL jog M EASED Uf01(AMY DEFECT pl THIS YLAT WITxIN LMIff TEARS AFTF� W FI RIT SCOV SU61 DEFECT. W EVENT MY ANY ACTION DATE SASE W OM ANY DEFECT IM ix13 FLAT IE IWN1eeKf1.,THAN 1. 1 I/10 15211 MITFMS FRM THE DATE DF THE cERTI FI GTI ON SHOEN 1EAEM.4HF TIP-11.IS VOID IF Wi SEi STANPFI•ITN TxE SEAL of Tr! �1, DISP. _______ COOLER 0 WH COOLER COOLER C BAR KITCHEN Ws i .,; ME � AITING L- ----- Ja--- -- --- °°-__ -- - UP ® KITCHEN UP w J� w BAR COUNTER OST r STOR. z H OST _ d o 1 SERVICE _ COUNTER I lemur 4« I COOLER ototl3Hacs�laMl n WOMEN , PREP I FD INING DINING DI ING ® 1 I MEN II OFFICE I � STORAGE iII , II I Z _ i —__'I.._._—,___.. — — — .— —.. � — __ _ 97-1•.— ,.. ._.. — — ,. — —. — ,._ — _. — — 25• ASSUMED APPROX.ADDITION THIS LOCATION TOWARD ALLEY A , �, D ` E ` EXISTING MAIN LEVEL PLAN SLOPED ROOF GI= LITTLE ANNIE'S EXISTING HEATTRAGE - ' RESTAURANT EX STING SKYLIGHT I I I 517 EAST AAVENUE AS PEN.CODDR,DD P I z / ` / FDIiGHT50ENTRY - w uj OREIGNAGE I EXISTING FLAT ROOF J LOO Q / J GABLE SNED MOUNTED T- > •_ I �� PARAPET WALL I I I ON fIISTING MT POOF III EXISTIRGSRTLIGHT I II I 4 ALLEY SLIGHTS O I I I I ALLEY II I I RAISED CLEARSTORY NORTH I FLOODLIGHTS O ENTRY I I I FOR SIGNAGE I I I I III I I RAISED FIAT ROOF a I I PRDIECTND: I SLOPEORWF S'-11'ABOYE STING _3W 00 LAY ROOF I B:LZ I I DWG FILE: I EXISTING ROOF I I HEAT TAPE I SHEETIIRE III I — I :.. s?<:` ,xa b- - __— — EXIS"ENGMAiN LEVELSA — °'�- ';'' _.r.-.,-;`qa °- *,.=s *;e,�;. r...-.: F. 'k , "a.• 3s t'_5-=' — ROOF PLAN .LAM. -°:: ..` EXISTING ROOF PLAN i 26'.9 518' _ %. .Aa #•"r:. ... .....ate.. � ..: ALL TAL TAL " TALL 7 ® TALL ® TALL ® ANSFORMER E E TAL P S/SERVIC �- TAL TAL III L 11 86 SEATS TOTAL +4.5 L — — )_ — — — ` ENTRY♦ I " , I JANITOR 5X4 ® ® ® ® DUMPSTER I I I _ HOST ® LOW Kow�� Kow ® +6.2 c o J ob LOW ---- -----� v z ® LOW I i I I =, RECY ° ------ ® 19'-3 vz• a'-o• 9'-5 va 1 F \ 4 z +5 +8.75 ALL ii RECY = j i BAR LOW LOW LOW ® _ ., ALL (15 SEATS) - - k. LOW LOW LOW ABA -ASA EL R T-0 7/8' _ i UNISE bNISEX " ALL --— STORAGE PO - -- LOW LOW LOW j RESTROO R2 ftR00M °' i I I I I — Ll A — . I h o UP I- - I OW � J LLOW OW — o \i 99'-2 1/2' PROPOSED FLOOR PLAN 02 1,4•_1'-�• LITTLE ANNIE'S 517 EAST HYMAN AVENUE A S P E N{ COLORADO 9 1 6 11 O S C H E M A T I C D E S I G N : Proposed Main Level 1 JULY 24,2013 NORTH 101'-9 1/2' RAILING SETBACK FROM PARAPET WALL D III DLDPEDRDDF I� BAR � �(�� IMEN L -- -------------------- MECHANICAL ROOF EQPT _ Q w WOMEN is "N Ld �� LOUNGE Q w E:1 a II it LOUNGE _...._ WALK—IN COOLER SLOPED POOP 3:12 II EL Oft .. — ❑ w.- I # 4-y-.;-, ...��«..�t..� ..,zR:,,:,,- �.«�,.� ❑ COLD PREP , iL <L I I 1 9 II II 5'-2 1-' POSSIBLY DO LARGE. BANQUETTE ALONG: WALL&CORNERS?? PROPOSED:UPPER LEVELFLOQR PLAN' b LITTLE ANNIE'S 517 EAST HYMAN AVENUE ASPEN, COLORADO 81611 O S G_H E.M A T l:C _DE S l'-G N"-:.: Proposed Upper Level Plan 2 JULY 24,2013 NORTH F1 II I I J I ill lil till ai_1. II i ii ii - - - - - - - - - _ EXISTING FRONT ELEVATION EXISTING WEST ELEVATION EXISTING REAR ELEVATION O1 1,4•=,�A• 02 L,6•=1,.G. 03 1/4'=1'-0' PROPOSED RAILING LOCATION PROPOSED RAILING LOCATION I 2 m aa I MEE .I I I1 I I I I I I I I I L.11..... ® ® ® ® ® d 0 NEW ELEVATION OF NEW ROOF LINEiOF EXISTING ROOF _-_.....__..._.___.....___.111.1.11.1...1.1.._ ._..---_....___....... Not. .L.._ftm, ....__-__._... PROPOSED FRONT ELEVATION 05 PROPOSED WEST ELEVATION 06 PROPOSED REAR ELEVATION 04 1,4•=1�.0• f • LITTLE ANNIE'S 517 HYMAN AVENUE 1::og:vLatl:lp ICCZa av _ ASPEN, COLORADO 81611 SCHEMATIC DESIGN Existing & Proposed Exterior Elevations 3 JULY 24,2013 — - - - - - — — — — — — — - -= o G4`5 5 tl ---�— — — — — — — — — — — — — — — — — — — — — — — — — PROPOSED RAILING LOCATION F ... -1 _}�— — — — — — — — — — — — — l _ 1 Z — — — I _... 5'-2 114' ALL HEIGHTS APPROXIMATE F1 WALK-IN — COLD PREP _ ADDITIONAL 12'ADDED TO ROOF COOLER -` 3'-7' THICKNESS I - o — — — — — — — — — EXISTING ROOF ASSEMBLY 68'AFF FRONT BAR BAR POS DINING ROOM UNI-BATH 1 e UNI-BATH 2 SEATING ---J — — - - PROPOSED SECTION THROUGH STAIRS 2ND FLOOR SERVICE - NORTH 0 2 1l4'=1'-0• LITTLE ANNIE'S E*,T 517 HYMAN AVENUE SCHEMATIC DESIGN : Proposed Sections 4 ASPEN, COLORADO 81611 JULY 24,2013 2 LITTLE 's r ' 2 1 - .. .J , _.. ..r.. 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I �� !�-`�'t qJ�?`r � �la - '� .�I; - •�- '' = a �;"�"'_ +,may•' s,:.F. _ • - � r f - amram ® r • ' EXHUBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CO ADDRESS OF PROPERTY: 6-t 7 E7 �_•�► ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ss. County of Pitkin ) I, S (name, please prinf) 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 o notice: B the publication in the legal notice section of an official .f Y P g 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. (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 24 day of 20j3, by S PUBLIC NVIE AncE WITNESS MY HAND AND OFFICIAL SEAL EATING HUH S ANMIIVWER DEVELOPMENT AND PARTIAL DEMOLITION NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,July 10,2013,at a My commission expires: 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 Stan 0 AI\ Q, Clauson Associates,Inc on behalf of owner Aspen Core Ventures,LLC for the property located at 517 E.Hymen Ave.,Aspen Core Subdivision,aka Lot Notary Public E,Block 95,City and Townsite of Aspen,PID "`> #2737.182-54-003. The applscant proposes to pro- vide ADA accessibility t the building and to pro- vide a new rooftop deck. The portion of the build- ing behind the front fagade is proposed to the demolished and rebuilt to meet accessibility re- quirements and current building Code require- ments.For further information,contact Sara Ad- ams at the City of Aspen Community Development . Department,130 S.Galena St.,Aspen,CO,(970) 429.2778,sara.adamsDcityofaspen.com. 9/Jamie Brewster McLeod ATTACHMENTS AS APPLICABLE: Aotln chair,Aspen Historic Preservation BLICATION Ion Publish in The Aspen Times weekly on Jane 20, a 2013.[928.30001 THE POSTED NOTICE (SIGN) . � UF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAEL * 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: 517 E. Hyman Avenue,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 10 July 2013 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Stan Clauson, being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: • 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 25 day of June, 2013, 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. N/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) X Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current - - - - - - - - - - - - - - - - tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. N/A 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 26 day of June, 2013,by Stan Clauson. ._..� WITNESS MY HAND AND OFFICIAL SEAL PATRICK S.7RAWLEY NOTARY PC STATE OF CADO My commission expires: lzc. 2a t NOTARY ID#19994012259 My Commission Expires July 26,2016 Notary Public 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 1 1 r STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/92o-1628 info @scaplanning.com www.scaplanning.com 26 June 2013 Ms. Amy Guthrie, Historic Preservation Officer City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Aspen Core / Research of Mineral Estate Owners Dear Amy: On behalf of our clients, Aspen Core Ventures, LLC, and in connection with the HPC Minor Development and Demolition of 517 E. Hyman, we have performed the public notice requirements as required by Sec. 26.304.060(E) of the City of Aspen Land Use Code. Among the requirements contained in Sec. 26.304.060(E) is the requirement to notify affected mineral estate owners by certified mailing at least thirty (30) days prior to the date of the public hearing. I Stan Clauson Associates, Inc. has researched mining claim or possession deeds dating to the late 19th century with the Pitkin County Clerk and Recorder's records (the "Public Records") using exceptions contained in Title Policy issued by Fidelity National Title Insurance Company, Policy Number 27-031-06-109526, issued to Aspen Core Ventures, LLC. A review of the Public Records does not generate any record of the referenced deeds noted in the title policy. A search of the records of the Secretary of State of Colorado has similarly failed to locate records associated with the individuals named as deed holders. As no reliable address can be located for the deed holders, a public notice has not been sent to the mining claim or possession deed holders identified in the title policy. This letter is submitted to you to confirm our good-faith attempts to locate a list of mineral estate owners. Please call me with any questions. Ve r ly y s Signed before me this 26th day of June, 2013 by Stan Clauson. 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Galena St., Aspen, CO PURPOSE: The HPC is asked to review a Minor Development and Partial Demolition application to provide ADA accessibility, to build a new rooftop deck, and to update the existing structure. The application is submitted by Aspen Core Ventures, LLC c/o Stan Clauson Associates, 412 N. Mill St., Aspen, 970-925-2323. For further information contact Aspen Planning Dept. at 970-920-5090. CLASSOCIAjp'l.C 0• 0 n ru•n wn se �USON A moon�comoee mu e ,^ ■ EEXHI W J j D ear Preservation Commission We appreciate the chance to voice our total objection to any variance for a roof deck behind our building.We are long time residential owners of a condo at 520 East Cooper. It is a terrific location and has been a "walking advertisement" for Aspen with our friends from many places. Our building backs right up to Little Annie's and the bedrooms are on that same back, and are open at night. We all love and patronize Little Annie's but it is not, by any means,a quiet establishment. Any increase in their noise level would be a disaster- clanking dishes, laughter, music, etc, etc. and there are no precautions that could correct it. When we looked at the plans we were sent,we could find VERY few actual measurements. They even say"approximate elevation of new roof'. The front elevation drawing only shows the height of the very few feet at the street side of the building- no sign of all that rises up right behind it. Then it rises for an entire second story. So this is not a roof deck; it is a second story with actual walls, roof, storage rooms, etc. and the top of the front of it is open. Railings are shown at"possible height", etc. Who can tell what is being planned and what could expand as they build. Since it is not to scale in the reproduction, one cannot gauge the actual height. But it is easy to see that the rear wall is over twice the height of the existing rear of the building. So this huge wall would loom up in our view,the noise would come right up to our building and our whole environment would be damaged. We understand that they want to increase their profit, but this should not be allowed at the expense of others who will lose view,have vastly increased noise despite any precautions and see a favorite Aspen historic institution turned into a 2 story commercial looking unit. We are seeing more and more requests for"just a few feet here" and "just a few feet there". Aspen has been strongly protected over the years to keep its unique and historical character,wonderful architecture and gorgeous views. It can't be easy, but hopefully you will want to hold the line between commercialization and livability in Aspen. Thank you for your time and consideration. Bill and Jane Coble - 5033 Old Hickory Blvd. Nashville,TN 37218 615-242-5655, 615-969-1468 cell