HomeMy WebLinkAboutFile Documents.128 E Main St.0325.2017 (9).ARBKNOTICE OF APPROVAL
FOR A CHANGE IN USE OF HISTORIC LANDMARK STRUCTURE LOCATED AT 128
EAST MAIN STREET, LOTS F, G, H, AND I LESS THE NORTHERLY 75 FEET THEREOF,
AND ALL OF LOTS P, Q, R, AND S AND THAT PART OF THE VACATED ALLEY
BOUNDED BY THE EXTENSION OF THE EASTERLY LOT LINES OF LOTS I'AND S AND
THE WESTERLY LOT LINES OF LOTS F AND P, ALL IN BLOCK 66, CITY AND
TOWNSITE OF ASPEN, COUNY OF PITKIN, STATE OF COLORADO.
Parcel ID: 273512438005
APPLICANT: BTRSardy LLC, 128 E. Main Street, Aspen, CO 81611
REPRESENTATIVE(S): Brewster McLeod Architects, Inc.
PO Box 697, Aspen, CO 81612
Alan Richman Planning Services, Inc.
PO Box 3613, Aspen, CO 81612
SUBJECT &
SITE OF APPROVAL: Growth Management Quota System (GMQS) change in use of historic
landmark sites and structures at 128 E. Main Street
SUMMARY:
The Sardy House was originally built in 1890 and was occupied as a residence and occasionally as a
funeral home. In 1985, the subject property was granted conditional use approval to operate as a 10-12
room boardinghouse, which included an addition to the rear of the historic house and an attached
carriage house structure to the north. In 2003, a change in use approval was requested to convert a
portion of the property back into a residence. Available records do not include a signed copy of the
approval or the map that was intended to indicate the extent of the change in use. Therefore, the
Applicant is requesting a change in use approval to clarify and confirm the allowed uses of the property.
There is no longer a definition in the Land Use Code for boardinghouse. However, a code interpretation
was rendered in 2006 which stated that the boardinghouse use is still required on the property and the
1985 definition for "boardinghouse" applies. The 1985 definition states:
A building or portion thereof other than a hotel, motel, lodge, or multiple family dwelling wherein
lodging and/or meals are provided for six (6) or more persons for compensation, which
compensation may include money, services, or other things of value.
128 E. Main Street
RECEPTIONM 639981, R: $58.00, D: $0.00 'i PID 273512438005
DOC CODE: APPROVAL Change in Use
Pg 1 of 10, 07/18/2017 at 03:28:04 PM 1 of 3
Janice K. Vos Caudill, Pitkin County, CO
The Applicant also requests a formal determination that the current use and operations still meet the
requirements of a boardinghouse under the 1985 definition and current Land Use Code definition of
"lodge".
STAFF EVALUATION:
Change in Use: Although the 2003 administrative change in use approval does not include the intended
map, the language indicates that the division between the boardinghouse use and the residence occurs at
the parking courtyard between the carriage house and the rest of the structure. The Applicant is
requesting to memorialize this as the limit of the change in use, noted in Exhibit A. Given the
documentation available, staff finds this to be consistent with the 2003 change in use.
Although the 1985 boardinghouse definition only requires lodging for a minimum of six (6) persons, the
conditional use granted in 1985 represented a 10-12 room boardinghouse. The conditional use approval
remains valid provided at least ten (10) rooms are maintained on the property. Any less than ten (10)
rooms will require a conditional use amendment pursuant to the Land Use Code in effect at the time of
application.
The Applicant would like to use the commercial kitchen and dining area within the residential use to
prepare and serve meals for guests of the boardinghouse and use the spa within the boardinghouse for
the occupants of the residential use. These areas are identified in Exhibit A. Ideally, these spaces would
be contained within the uses they support. However, since these spaces are already located within the
other uses, staff finds the exchange of these spaces acceptable.
Use Determination: The current configuration includes lodging accommodations for a minimum of six
(6) people, meeting the requirement for a boardinghouse under the 1985 definition. It also appears that
the proposed physical characteristics of the current operation generally satisfy the requirement of a lodge
use. Many of the characteristics are consistent with those of a lodge use as defined in Land Use Code
Section 26.104.110.C. The definition for lodge use requires on-site management and reception services.
The attached lodge audit (Exhibit B) does not include these features on-site, but suggests that a property
manager will handle these operations when a reservation is requested. Staff finds this satisfies the
requirement given the unique configuration, operation, and marketing of the boardinghouse use. The
audit also states the adjacent residence is used to provide meals for the guests of the boardinghouse. The
provision of meals is not required for a lodge use and may be removed from the operation at any time
without invalidating this determination.
Although the physical requirements are met, pursuant to Land Use Code Section 26.575.210, staff may
request additional lodge audits in the future to ensure compliance with the Land Use Code, including
requirements for lodge operations, and to obtain information pertaining to the manner in which short-
term occupancies are marketed and managed (although staff recognizes that there are no specific
marketing channels or rates that are required.)
128 E. Main Street
PID 273512438005
Change in Use
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DECISION:
The Community Development Director finds that the proposed change in use is consistent with
previous approvals and thereby APPROVES the request and confirms the conformance of the
boardinghouse use with the following conditions:
1. The boardinghouse use shall maintain a minimum of ten (10) boardinghouse rooms and
shall be available for lodging and/or meals a majority of each calendar year. A reduction in
the number of rooms requires a conditional use amendment pursuant to the Land Use
Code in effect at the time of application.
2. The commercial hitches and dining arca within the "residential use" (noted in Exhibit A)
may be used to prepare and serve meals for guests of the boardinghouse use.
3. The spa within the "boardinghouse use" (noted in Exhibit A) may be used by the occupants
of the residence.
4. Minor changes to the interior configuration may be approved at building permit to comply
with required building, fire, and accessibility codes without invalidating this approval.
11
Date
APPROVEDBY:
(101
Date
omimity Dev opment Director
Attachments:
Exhibit A — Floor plans designating use locations (recorded)
Exhibit B —Lodge audit summary (recorded)
128 E. Main Street
PID 273512438005
Change in Use
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EXHIBIT B
Date: June 14, 2017
To: Justin Barker, Planner
City of Aspen Community Development
130 South Galena Street
Aspen, CO 81611
Project: Sardy House
128 East Main Street
Re: Lodge Audit Information for Sardy Boardinghouse
From: Jamie L. Brewster McLeod
Attachments:
• Sec. 26.575.210 Lodge occupancy auditing
• April 27, 2017 Land Use Application Determination of Completeness
Dear Justin,
We have received your memo that our Land Use Application submitted on 4/25/2017 was incomplete,
missing the Lodge Audit Information meeting the requirements of Sec. 26.575.210.
Operating Characteristics
Number of Rooms: There are nine (9) bedrooms with associated bathrooms and one (1) bedroom
suite with an associated bathroom, kitchen, and living area
Meals:
o When the boardinghouse is occupied, breakfast is served daily in the breakfast area which is
located within the residence
o Room service for boardinghouse guests is also available upon request
o If a group is using the boardinghouse and wants other meals to be prepared, the property
manager will arrange to have a chef and other personnel on-site to prepare and serve those
meals
Onsite amenities:
o Spa area for massages only (Permit pending for remodel of this area)
o Shuttle Service
o Six (6) Onsite parking spaces, shared with residence
o Ski storage
Staff: There are three (3) staff persons involved in the operation of the boardinghouse
o Property manager, whose job it is to handle reservations and to ensure that the property is
available for lodging and or meals for the majority of each calendar year
BREWSTER MCLEOD ARCHITECTS, INC.
office(a)brewstermcleod.com — www,brewstermoleod.com
112 South Mill Street, #B Top Floor— P.O. Box 697 —Aspen, CO 81611 —T 970/544.0130 — F 970/544.9201
126 South Oak Street, Unit A — Telluride, CO 81435 — T 970/728.4300 — F 970/544.9201
o Housekeeping
o Maintenance employee
Marketing and Rates
• Short term occupancies are not marketed through traditional channels
• There is no published rate schedule. Rates vary and are determined on a case-by-case basis.
Rental History
• Property purchased by BTRSardy LLC on April 26, 2016
• Boardinghouse units were available May —August 2016; no use or requests to use
• Boardinghouse closed for maintenance on mechanical systems and replacement of boilers
September — November 2016
• Boardinghouse units available December 2016 — March 2017;
o March 14 —17, 2017, three (3) night use by persons associated with the World Cup
• Four (4) people
• Rooms 1, 2, 3, 6
• Compensation was other things of value
• Boardinghouse closed for plumbing issues April — May 2017
• Anticipated closure for remodel of boardinghouse February 2018 - TBD
In summation, the boardinghouse requires extensive mechanical and plumbing work which has limited its
availability. The repairs are ongoing and may limit the availability throughout 2017 and into 2018. The
new owners are only one (1) year into ownership of the boardinghouse and are still formulating an
operating plan and would be willing to discuss reasonable conditions for how it should operate going
forward to be consistent with the boardinghouse use.
Sincerely,
Jamie L. Brewster McLeod, AIA
Brewster McLeod Architects, Inc.
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