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Home My WebLink AboutLand Use Case.HP.400 E Hyman Ave.0026.2012.AHPC THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0026.2012.AHPC PARCEL ID NUMBERS 2737 0734 3013 PROJECTS ADDRESS 400 E HYMAN AVE PLANNER SARA ADAMS CASE DESCRIPTION MINOR HISTORIC DEVELOPMENT REPRESENTATIVE KEN SACK 954 249 5674 DATE OF FINAL ACTION 02/01/2013 CLOSED BY ANGELA SCOREY ON: 11/11/13 A*Pc- �" do 2Ce •ZDI File Edit Record Navigate. Form Reports Format Tab Help - B lump 1 ------ `'µ . Main Actiom ;Attachments Boutin Histor i Valuation II.ArchjEng I Custom Fields 15ub Permits Parcels _ ! D m Fees Fee Summar'Y -- L, Permit# L_ Permit t;�pe. ahpc Aspen Historic Land U e --J T U- V it Aptisuite Address 400 E HYMAN AVE A State CC Zip A City ASPEN i ermit Information Applied 8rW2012 _ Routing queue Iasb-r07 Master permit�-- Status A roved L--J pending pp Protect Description APPLICATION FOR A MINOR HISTORIC UE'vELOPMENT FOR THE TOtv1 THUMB Issued BUILDING rlosed;Final ! Chock Running Days a Expires 8110r�013 Submitted KEN SACK 954 249 5674 Submitted via Gnmer 4690 SOUTH UNIVERSITY DR First name KEN DAVIE FL 33328 Last name SACK I Address Phone (9541680-5490 Applicant Owner is applicant? ❑Contractor is applicant? First name KEN 4690 SOUTH UNIVERSITY DR I Last name SACK Address DAVIE FL 33328 Phone (954)680-5490 Cust# 24341 Lender j Last name First name Address Phone O - Displays the permit lender's address C16 li DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Ken Sack of 400 Hyman LLC 5454 County Rd 346 Silt CO 81652. (954) 680-5490. Property Owner's Name, Mailing Address 400 East Hyman Avenue Tom Thumb Condominiums Units C-301 and C-302 Lots K L and a portion of Lot M Block 88. Legal Description and Street Address of Subject Property HPC granted Minor Development approval and Commercial Design Standard Review approval with conditions to remodel a portion of the existing building by replacing and enlarging windows in addition to other minor changes. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the Historic Preservation Commission; approval granted on 10/24/12 via HPC Resolution#25 Series of 2012. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 22 2012 Effective Date of Development Order (Same as date ofpublication of notice of approval.) November 22 2015 Expiration Date of Development Order t with Section t26.308.010 of the ftom of Aspen and revocation may be pursued n accordance Municipal Code.) Issued this 13th1�day of N ember, 2012, by the City of Aspen Community Development Director. Chris Bendon, ommunity Development Director MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Senior Planne4w THRU: Chris Bendon, Community Development Directo RE: Notice of HPC approval of Final Commercial Design and Minor Development: 400 E. Hyman Avenue, aka Tom Thumb Building, HPC Resolution #25, Series of 2012 MEETING DATE: October 24, 2012 BACKGROUND: On October 24, 2012, the Historic Preservation Commission (HPC) approved Final Commercial Design Review and Minor Development Review for a project at 400 E. Hyman Ave. (aka the Tom Thumb Building) located across from the Wheeler Opera House on the corner of Mill and Hyman. Minor Development addresses compatibility of the building within the Commercial Core Historic District for projects with a very limited scope. ACTION TAKEN BY HPC: HPC approved minor changes including larger windows, signage and mechanical equipment to the corner portion of the existing building located at 400 E. Hyman Avenue which was built in 1981. It is a non-contributing building within the Commercial Core Historic District. HPC included conditions of approval that require the mechanical equipment on the rooftop to be the minimum size allowed and setback from the street fagade to the greatest extent practical. In addition, mechanical screening and a mock up of the sign lighting to be reviewed by Staff and monitor to assess the impact of both elements on the historic Wheeler Opera House. HPC staff recommended in favor of the design reviews with conditions by a vote of 5:0. A copy of the approved massing is attached as Exhibit A. A copy of the HPC Resolution and Minutes are attached as Exhibits B and C, respectively. PROCESS: For this application, City Council may vote to Call Up the project at their November 12, 2012 meeting. If City Council decides to exercise the Call Up provision, it will be placed on the November 26, 2012 City Council regular agenda for discussion. If City Council does not exercise the Call Up provision, the HPC Resolution shall stand, and the applicant will move forward with an application for a building permit. This application is not subject to future land use review. If you have any questions about the project, please contact the staff planner, Sara Adams, 429-2778 or sara.adams @cityofaspen.com RECOMMENDATION: Staff finds that the HPC applied the review criteria in accordance with the Land Use Code and the Historic Preservation program and recommends that City Council accept the decision and not call up the project. ATTACHMENTS: Exhibit A: Approved Plans Exhibit B: HPC Resolution 25, Series 2012 Exhibit C: HPC draft minutes nwo . A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING MINOR DEVELOPMENT AND CONSOLIDATED COMMERCIAL DESIGN STANDARD REVIEW FOR 400 EAST HYMAN AVENUE, TOM THUMB CONDOMINIUMS, SPECIFICALLY UNITS C-301 AND C-302, LOTS K, L AND A PORTION OF LOT M, BLOCK 88, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #25, SERIES OF 2012 PARCEL ID: 2737-073-43-001 through -005, 2737-073-43-009 through -015, 2737-073-43-706 through -708, and 2737-073-43-801. WHEREAS, the applicant, Ken Sack of 400 Hyman LLC, represented by Louis Loria Atmosphere Design Group, has requested Minor Development and Consolidated Commercial Design Review approval for 400 East Hyman Avenue, Tom Thumb Condominiums, Units C-301 and C-302, Lots K, L and a portion of Lot M, Block 88, 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, the Tom Thumb Condominium Homeowner's Association has consented to the application; and WHEREAS, the property is located within the Commercial Core Historic District and is considered a non-contributing building; 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, for Consolidated Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, 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 HPC Resolution No.25, Series of 2012 400 East Hyman Ave. (Tom Thumb Building) Page 1 of 3 WHEREAS, Sara Adams, in her staff reports dated October 24, 2012, performed an analysis of the application based on the standards, found that the review standards, the Commercial, Lodging and Historic District Design Objectives and Guidelines, and the City of Aspen Historic Preservation Design Guidelines are met with conditions; and WHEREAS, during a duly noticed public hearing on October 24, 2012, the Historic Preservation Commission considered the application, found the application was consistent with the applicable review standards and approved the application by a vote of five to zero (5 —0), with conditions. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Consolidated Commercial Design Review and Minor Development for the property located at 400 E. Hyman Avenue, Tom Thumb Building, Condominium, specifically Units C-301 and C-302, Lots K and L and a portion of Lot M, Block 88, City and Townsite of Aspen, County of Pitkin, State of Colorado, with the following conditions: APPROVED BY THE COMMISSION at its regular meeting on the 24th day of October, 2012. 1. The windows are approved as presented. 2. The applicant shall provide a mock up of the sign lighting. The lighting is to be reviewed and approved by Staff and monitor. 3. The mechanical equipment setback shall be increased to the greatest extent practical and the size of the mechanical equipment reduced to the smallest size allowed, and consolidated into one unit if possible to be approved by Staff and Monitor. 4. The mechanical equipment location is subject to review and approval for a dimensional variance by the Community Development Director. 5. Staff and Monitor shall review and approve the mechanical screen after the location and size of the mechanical equipment is finalized. 6. The accessible lift is approved with the condition that it must meet Building Code requirements. 7. Lighting and signage shall meet City Land Use Code requirements. 8. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full board. 9. 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). HPC Resolution No.25, Series of 2012 400 East Hyman Ave. (Tom Thumb Building) Page 2of3 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: 400 East Hyman Avenue. 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. Jay Maytin, Vice- Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk HPC Resolution No.25, Series of 2012 400 East Hyman Ave. (Tom Thumb Building) Page 3 of 3 ASPEN HI TORIC PRESERVATION COAMISSION MINUTES OF OCTOBER 24, 2012 Vice-chair, Jay Maytin called the meeting to order at 5:00 p.m. Commissioners in attendance: Nora Berko, Willis Pember, Sallie Golden and Jane Hills. Jamie McLeod, Ann Mullins and Patrick Sagal 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;�ept. 12t" second by Willis. All in favor, motion carried. Motion: Jane moved to approve the pjadItes of September 19" second by Nora. All in favor, motion carried. Jane will recuse herself on 6 . Hyman 400 E. Hyman Ave. - Minor Review Debbie Quinn said the public notice affida-it and,they are in order and the applicant can proceed. Exhibit I Sara said tie protect is als called the T am Thumb building located in the commercial core opposite the Wheeler Opera House. The applicant has submitted for a minor development review to do some window changes and fresheninup of the existing building rather than the previous proposal of a large glass box. They are'proposing window changes to the first and second floor. On thesepnd floor,,they want to put larger windows in. This does not meet our strict design.guidelines for downtown where it says there is a solid to void ratio oi � second floor. However, this building was built in 1981 and we think the proposal to enlarge the windows on the second floor actually freshens up the building and contributes more to the commercial core than leaving the windows the way they are. Signage: Staff has some concerns with the signage and as a condition of approval it should be reviewed by staff and monitor. Signage is not something HPC typically sees. It is usually reviewed with the zoning officer but since it is wrapped with the minor review we thought it prudent to bring it to the board. Our big concern is the location of the signage. There is 1 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 24, 2012 going to be one commercial tenant for the first and second floors and the signage is proposed for the second floor and we feel it is more important to have it on the first floor. We are also concern about the back lit nature of the signage. What they are proposing meets are zoning regulations for lighting and signage, however this is directly across from the Wheeler and we felt that a back lit sign maybe distracting from the historic Wheeler and we are suggesting the applicant look at a more traditional lighting such as a goose neck to be reviewed by staff and monitor. Regarding the mechanical they are proposing two large HVAC's on top of the building and it is an HPC concern and a zoning concern. It has to be pushed,lock from the street fayade. Staff is suggesting that they find the sm61lest HVAC systems that they can and push it back as far as they can. We'41so recommend that staff review the proposed screening once they are in theiraoeation. The plan is also to add two other chair lifts in the plaza area to make the entire facility accessible. Staff is recommending approval with conditi©rz . Louis Loria, architect Ken Sack, owner Louis said with the nature of this particular lot and where it is we thought that by making a amore harmonious,facade end more transparent would be a nice addition to the retail at street level `The upperklarger windows gives the client more ability to lranslae their pruct to the people on the street. We feel the st e is approp fe"a d it meets,the criteria and we feel it is not out o character'bn the second floor :;We would prefer the back lit signage and it i4:.p Led within the letters and is`soft. It is not a glaring light. The goose neck has a lot of Aare and it, is out dated. Louis said on tho accessibility there is a stairway that goes down and we will put a chair lift that,is ALFA: approved which will make the overall building accessible. One goes o the street level and one goes to the lower level. Louis said the mechanical equipment the building is only 20 feet wide. It would not be visible from Hyman Ave. but is visible from the Wheeler opera house. Code says put the mechanical 20 feet back but it is impossible because the building is only 20 feet wide. We could push the unit back to the other side if the board desires so it is not visible from the Opera House. We are turning the area into a dynamic retail space. New front elevation — Exhibit II 2 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 24, 2012 Louis said the frames of the windows will be stainless steel and the screening is a brown metal tubing to screen it and be as quiet as possible. Louis said it is really a soft hallow around the letters of the signage. Nora said her concern is looking from the lobby of the Wheeler which is the second floor and looking into the windows. Louis said this building is all one tenant and the windows are translucent windows. Louis said the heating is generated by�t lighting within the space and equipment which is driving the cool',, �out of the space. We have to stay within the energy code. Willis asked about the awning. Louis�sii id the awning mill be white and sunbrella fabric. The materials for the,lettering will be stainless brushed steel. Jay asked if the windows would be operable: Louis said no. Sallie said the windows enhance the spaceland should be monitored by staff and monitor. If the ecllanical can be pushed back as' far as you can that would be appropi�ate. Willis said this-propos�.l enhances that corner and adding the transparency enhances the bu,M g. We need to be.oareful that the hallow is a modest hallow The signage= s elegant and the location is also elegant. Jane said tho proposal is beautiful and the window changes creates a vitality interaction on street the signage that is not in our purview but we need to be careful o,that it'is a soft subtle light. I am not in favor of the gooseneck. The lift`is ��great amenity for that area. On the awning being white we get a lot of red dust storms and white will be a maintenance issue. Nora concurred with Willis. Nora said her only concern is the view plane from the Wheeler. Jay said he likes the project. On the mechanical we need to make sure that it is the smallest possible. The proposed location is appropriate and I wouldn't change that. Staff and monitor should review the screening of the mechanical. 3 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 24, 2012 Vice-chair Jay Maytin opened the public hearing. There were no public comments. The public comment section of the agenda item was closed. Louis said he appreciates all the comments and feels the design is more appropriate for the area. On the lighting I will work with Sara to make it as acceptable as possible. I know what the board wants. This is a luxury store. We can also have a mockup made before it is installed. On the screening we can look at other alternatives. Ken Sack said he is part owner of the store and ssured the board that the awning will be kept clean. Jay recommended that condition #2 ];�e 4mended that the wall sign be reviewed by staff and monitor. #3 thoiwall sign and lights sand a mockup to be approved by staff and monitor. #4" be approved by staff and monitor. ,F Motion: Jay moved to approve resolution #25 with the following changes: #2Wall sign location to be reviewed and approved ley staff and monitor. 43 Applicant shall provide a mockup of wall sign:including the lighting and to be approved b stiff'a,nd monitor, #4 Mechanical to:be approved by staff ana monitor. Motion second by Nora. Willis made a friendly amendment to strike #2 as the sign location is approve 0 the second door as.presented. Nora accepted the amendment All in favor; motion carried. 5-0. Sallie and Jay are the monitors. 422 E. Cooper Ave. Conceptual Major Development and Conceptual commercial Design Review, Demolition, Mountain View Plane Review, Public Hearing Sara said the key issues are height, impact of the third floor, vertical sign and mechanical equipment. Stan Clauson did a power point showing the sign from different views. The sign is not obscured as the third floor is set back 45 feet. Stan said they 4 / �F EXHIBIT 1 AFFIDAVIT OF PUBLIC NOTICE 1�� REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE COD ADDRESS OF PROPER,�j Y: & ,I A10 l�� ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 6L:MLYL 2o 12- Ci, STATE OF COLORADO ) ss. County of Pitkin ) I `k/ �(� y � (3 (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 (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 hewing. A copy of the o",ners and governinental 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. Jr Z' Z< Si a e The foregoing "Affidavit of Notice"was cknowledged before in this 4- day of-Z C�71 %� , 20 JZ by 1kxvc BUILD 400 EAST HYMA�UE,TOM THUMB BUILDING,MINOR DEVELOPMENT REVIEW �7 T FOR A PROPERTY LOCATED WITHIN THE HIS- WITNESS MV HAND AND OFFICIAL T CAL AL. TORIC DISTRICT REVIEW CONSOLIDATED COM• P� 1 i�AND AND CIAL SE MERCIAL DESIGN REVIEW • NOT/CE IS HEREBY GIVEN that a public hearing • �O•�/ will be held on Wednesday,October 24,2012,at a � meeting r begin at 5:00 p.m.before the Aspen p `f�,��7 Gj`. r]��i; Historic Preservation Commission,Council Cham- ' My commission expires: 1 (� L ( "� bers Meeting Room,City Hall,130 S.Galena St., ° Aspen,to consider an application submitted by Ken Sack,5454 Co ty Road 346,Silt,CO 81652,the d�NG ° owner of the u its affected by the proposal.The applicant requ.sts Minor Development review and Commercial sign Review for an exterior remod. ..... y el,including indow changes,to units C-301 and Otary PUU11C C-201 of the wo story portion of the Tom Thumb " Building. Thy property is legally described as Tom Thumb Condominiums,Lots L and K of Block 88, City and Townsite of Aspen,Colorado and more Xore$03312014 commonly known as 400 East Hyman Avenue,As- pen,Colorado,81611.For further information, contact Sara Adams at the City of Aspen Commu- nity Development Department,130 S.Galena St., Aspen,CO,(970)429.2778,sara.adams@ci.as- en.co.us. Aspen Historic Prese tion Commi sc a ion ATTACHMENTS AS APPLICABLE: Published in the Aspen Times Week/y on October 3E PUBLICATION 4 2012 8452727 -. - - ITPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTICD BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 400 East Hyman Ave , Aspen, CO SCHEDULED PUBLIC HEARING DATE: October 24th 2012 STATE OF COLORADO ) ss. County of Pitkin ) I, Kenneth Sack (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: x- 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. x 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 6 day of October, 2012, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _x Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) - - - - - - - - - - - - - - - - - - - - Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs 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 i the planning agency during all business hours for fifteen (15) day 'or to th public hearing on such amendments. ` Signature The foregoin "Affidavit of Notice"was acknowledged before me this da of �:'c - , 20_x', by - �,�,�V 1-% ,,t WITNESS MY HAND AND OFFICIAL SEAL A fit -'ail My commission expires: Notary u is ATTACHMENTS AS APPLICABLE: • 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. X24-65.5-103.3 305-7 MILL STREET LLC 316 EAST HOPKINS LP 409 EAST HYMAN LLC 412 N PAULINA RYANCO INC 63 FOX PROWL CHICAGO, IL 60622 5525 E CALLE VENTURA CARBONDALE, CO 81623 PHOENIX,AZ 85018 AP RT 29 LLC ARCADES ASSOCIATES LTD LLC ASPEN FILM COOPER #207 C/O KRUGER&CO 110 E HALLAM ST#102 418E CO ASPEN, O R AVE A 400 E HYMAN AVE ASPEN, CO 81611 ASPEN,CO 81611 ASPEN FIRE PROTECTION DISTRICT AVH ONION VENTURES 11 LLC 8.208 BARNETT-FYRWALD HOLDINGS INC 420 E HOPKINS AVE 601 E HYMAN AVE 500 PRESIDENT CLINTON AVE STE 310 ASPEN, CO 81611 ASPEN,CO 81611 LITTLE ROCK,AR 72201 BENTLEYS AT THE WHEELER BIDWELL BERT INVESTMENT CORP BLAU JEFF T C/O RELATED COMPAINES PO BOX 10370 2870 PEACHTREE RD#427 60 COLUMBUS CIRCLE FL 19 ASPEN,CO 81612 ATLANTA, GA 30305 NEW YORK, NY 10023 BPOE ASPEN LODGE#224 BRAND BUILDING LLC CARLSON BRUCE E TRUST 210 S GALENA ST#21 205 S GALENA ST PO BOX 3587 ASPEN, CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 CHARLIES COW COMPANY LLC CITY OF ASPEN COLLINS BLOCK LLC 315 E HYMAN AVE ATTN FINANCE DEPT 205 S GALENA ST ASPEN, CO 81611 130 S GALENA ST ASPEN,CO 81611 ASPEN, CO 81611 COLORADO CABLE COTTONWOOD VENTURES II LLC COTTONWOOD VENTURES II LLC 500 PRESIDENT CLINTON AVE#310 419 E HYMAN AVE ATTN JANA FREDERICK LITTLE ROCK,AR 72201 ASPEN, CO 81611 300 CRESCENT CT#1000 DALLAS,TX 75201 COX JAMES E&NANCY CRYSTAL PALACE ACQUSITIONS LLC DUVIKE INC C/O KRUGER&CO 2100 E MAPLE RD, STE 200 C/O AERSCAPE LTD 400 E HYMAN AVE BIRMINGHAM,MI 48009 230 S MILL ST ASPEN,CO 81611 ASPEN, CO 81611 F&M VENTURES LLC FIERCELY LOCAL G&K LAND CO LLC C/O MORRIS&FYRWALD RE 328 E HYMAN AVE 140 PITKIN MESA DR 415 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81611 ASPEN, CO 81611 GLENROY PARTNERS 2.9% GODIVA HOLDINGS LLC GORDON DAVID F&LETICIA LLC PO BOX 2157 435 E MAIN ST C/O JOE RACZAK/NORTH OF NELL MGT SANTA CRUZ,CA 95063 ASPEN,CO 81611 555 E DURANT ASPEN,CO 81611 GRIFFITH LARRY R HALL CHARLES L HINDERSTEIN FAM REV TRUST 19794 ESCADA CT PO BOX 1819 4415 HONEYMOON BAY RD REDDING,CA 96003 ASPEN, CO 81612 GREENBANK,WA 98253 LLC HYMAN MALL COMMERCIAL CONDOS ISIS BUILDING LLC HORSE ISLAND D #16 LLC 205 S MILL ST#301A 415 E HYMAN ASPEN, M AVE V 290 HEATHER LN ASPEN,CO 81611 ASPEN, CO 81611 ISIS GROUP JW VENTURES LLC KANDYCOM INC C/O COURTNEY LORD PO BOX 8769 766 SINGING WOOD DR 631 W BLEEKER ST ASPEN, CO 81612 ARCADIA, CA 91006 ASPEN, CO 81611 KATIE REED BUILDING LLC KAUFMAN GIDEON I KOPP AMELIA L TRUST COOPER #207 C/O KAUFMAN&PETERSON 1000 DOLORES WY#B 418 E CO ASPEN, O R AVE A 315 E HYMAN AVE#305 CARBONDALE, CO 81623 ASPEN, CO 81611 KREVOY SUSANNE SEPARATE PROP LEVY LAWRENCE F&CAROL LINDNER FRITZ DISCLAIMER TRUST TRST 50% 980 N MICHIGAN AVE#400 50/o TEN PEAKS CT 2311 LA MESA DR CHICAGO, IL 60611 BEND, SANTA MONICA,CA 90402 BEND, OR 977p1 LOMA ALTA CORPORATION MILL STREET PLAZA ASSOC LLC MOTHER LODE INVESTORS LLC PO BOX 886 C/O M&W PROPERTIES 6400 S FIDDLERS GREEN CIR LANCASTER,TX 75146-0886 205 S MILL ST#301A GREEWOOD VILLAGE, CO 80111 ASPEN, CO 81611 NH ONION VENTURES II LLC 16.918% OSA TRUST 50% P&L PROPERTIES LLC 601 E HYMAN AVE C/O KREVOY SUSANNE BELZBERG 101 S 3RD ST#360 ASPEN, CO 81611 2311 LA MESA DR GRAND JUNCTION, CO 81501 SANTA MONICA, CA 90402 PROSPECTOR FRACTIONAL OWNERS RED ONION INVESTORS LLC 65.784% RG ONION VENTURES 11 LLC 4% ASSOC 418 E COOPER ST#207 601 E HYMAN AVE 301 E HYMAN AVE#108 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 SEDOY MICHAEL 35% SH ONION VENTURES II LLC 2.19% SHVACHKO NATALIA 65% 35 SUTTON PL#19B 601 E HYMAN AVE 35 SUTTON PL#196 NEW YORK, NY 10022 ASPEN, CO 81611 NEW YORK, NY 10022 SILVER SLAM COMMERCIAL LLC SLAM COMMERCIAL LLC WALL JANET REV TRUST C/O RELATED COMPANIES/JEFF BLAU 2100 E MAPLE RD#200 9762 BURNLEY PL 60 COLUMBUS CIR BIRMINGHAM, MI 48009 BEVERLY HILLS, CA 90210 NEW YORK, NY 10023 WELLS FARGO BANK WHEELER BLOCK BUILDING LLC WHEELER SQUARE-CASPER FAMILY C/O THOMSON PROPERTY TAX TKG MANAGEMENT INC C/O LLC SERVICES 211 N STADIUM BLVD STE 201 315 E HYMAN PO BOX 2609 COLUMBIA, MO 65203 ASPEN, CO 81611 CARLSBAD,CA 92018 WILLIAMS DEXTER M WOODS FAMILY LP ZUPANCIS ROBERT L 30.621% 82 W LUPINE DR PO BOX 11468 509 RACE ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 1 NOT .' • C.#Ctol)e,r 24. 2().12 PI,qCeu A 130 S. Galena St. , Basement of City Hall Purposes I-o�C to rE=!;�w an a I1_ .- for �r development to ch amr, �v�r air of the two story building larger windows. Consolidated :mercial Design Review is required. The application was —:1 :~ ^ittec b Ken Sack with consent the Tom Thumb HoA. _ ;r turther information contact Asper_ _._.-nin Dept. at 070-920-5090 Plan_ g 10/19/12 PUBLIC NOTICE RE:400E T HYMAN AVENUE...ASPEN,CO 81611 Classifieds Asp' mes.com auveMmmonl I --- -- - . aspenfimes.com Friday.October 19th 63°F I AN raessiwds [y_yfyl,Jll1 TO... tark place cia sitted if,this category I I I PRO I no price PUBLIC NOTICE RE:400 EAST HYMAN Post Date. Oct 04,2012 ASPEN,CO 81611 - Oct 04,2012 - ad id:8452727 Oct Expire Date: 04,2012 hma,e PUBLIC NOTICE 15 days RE:400 EAST HYMAN AVENUE,TOM THUMB BUILDING.MINOR DEVELOPMENT Days Online: Last Day REVIEW FOR A PROPERTY LOCATED WITHIN THE HISTORIC DISTRICT AND Days Left: Details CON50LIDATED COMMERCIAL DESIGN REVIEW No Additional Information Available NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, October 24,2012,at a meeting to begin at 5:00 p.m.before the Aspen Historic Preservation Commission,Council Chambers Meetvig Room City Hall, 130 S.Galena St..Aspen,to consider an application submitted by Ken Sack, 5454 County Road 346,Silt.CO 81652,the owner of the units affected by the proposal.The applicant requests Minor Development review and Commercial Design Review for an exterior remodel,including window changes,to units C- 301 and C-201 of the two story portion of the Tom Thumb Builduig.The property is legally described as Tom Thumb Condoniniuns.Lots L and K of Block 88,City and Townsite of Aspen,Colorado and more commonly known as 400 East Hyman Avenue,Aspen,Colorado,81611.for further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S.Galena St.,Aspen,CO.19701 429.2778, s/Ann Mullins,Chair Aspen Historic Preservation Corrunission Published in the Aspen Times Weekly on October 4,2012 1&1527271 r:r rtaxxna Leadvdle Vu dr.nes`.Ara. Aspe :4r=m.-r Map data©2012 Google- *Marker on map represents general location for this ad. _ 4D 2W5•2012 Sl»ft communications.Inc. 111 apps.aspentimes.com/utils/c2/app/v2/index.php TA S R.K 7 - i EXHIBIT ` I i I I I i y i I &:R I s Sl�ou►S ac;u;c�`��; �v� 01 PROPOSED PERSPECTIVE VIEW NTS ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 400 EAST HYMAN AVE,ASPEN, CO 81611 (T)914.244.1300(F)914.244.0599 HISTORIC PRESERVATION COMMISSION REVIEW 1GU0F13 DATE: AUGUST OB, 2012 FILE:2:\Pv—i\P.n i-Aspen Cub,.&\04 CD\Architectural\HPC Presentation\HPC Presenlat-d.g PLOT A c a er 23.2012 R I F Ctrr I V E 0 VT 16 2012 CITY OF ASPEN COMMUNITY DEVELOPKE-NT, (OFF 0 NI N RA - --ly 400 EAST HYMAN AVENUE ASPEN COLORADO 81611 ..................... ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 400 EAST HYMAN AVE,ASPEN, CO 81611 (T)914244.1300(F)914244.0599 10F13 HISTORIC PRESERVATION COMMISSION REVIEW DATE: AUGUST 08, 2012 PLOT DATE October 12,2012 FILE:Z:\Panerai\Panerai—Aspen Colorado\04 CD\Architecturol\HPC Presentation\HPC Presentotron.d,g : LOCATION OF SITE a at1 s'3. `I d1 -417 M1 - Mu 97U cc �.y..213" 2oa p1 Ma Add f - - - — _ o dbr.ww3w.9fly 1ama6iaauwab AV- ; A ZONE: COMMERCIAL CORE(CC) LOCATION OF SITE •+* - 02 ZONING MAP NTS ++iF 414* Obye rer.Main 3— ]9069 711M 32 ae LOCATION OF SITE sea ftAi 40 -ft low NA4 4V Mountain View Plane `•• 416 to Above which no land use or building shall pmjed• r� � A'i IL Height Above Observer R ^• *# « 't -Observer elevation to 30 feet , ' V ^' -30-40 feet ,arya.—L.musec--seaoam'.a oso 4* � Sis ��y',' % - -40-50 feet ✓wptnps pxtM blArWd Tlw vkw(Yana represenroltna snows oa lNSm.Daly•neapro so ter ebovame quaver 50-60 feet Structure etv,aa,.was aar.a a.ial pas whe(;e sna,va as rnr:mans 't crs oepaamear r=eemary 1z,zoos AM 01 AERIAL VIEW Ts 03 VIEW PLANE PLAN ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 ,AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 20F13 HISTORIC PRESERVATION COMMISSION REVIEW DATE: AUGUST 08, 2012 FILE.Z'.\Panerai\Pane,ai-Aspea Colorado\04 CD\Archdectuml\HPC Presentation\HPC Presentalioad•g PLOT DATE:October 12,2012 i S 14'50'49"W 14.00' r- -- - -- - - - - ----,,` - - �` I a v o I � L0 ` Z S 14°50'49"W 86.00' I I bo ^ I �` j. / TWO STORY BRICK BUILDING: LOCATION OF NEW ,, I I PROPOSED STAIR LIFT / / W LDCATK7N OF / NEW PROPOSED / /THEE STORVBRIpt BNIBMG STAIR LIFE.........._.._ r_, I w CONCRETE LOWER LEVEL i 091 05 03 Lo L I STREET LEVEL BRICK PAVWG^ TWOOMBRICKOU / L— ---------- - --L' / LOCATION EXISTING LIFT N 14°50'49"E 100.00' of o I o1 SITE PLAN DIAGRAM BASED ON OFI SURVEY PREPARED BY: MILL STREET JAMES F.REBER. OOFI lt4 POST OFFICE BOX.173D 03 OOFI ASPEN.COLORADO 81811 DATED MARCH OB,1982 If 01 SITE PLAN SCALE: 1/4" = 1'-0" ATMOSPHERE DESIGN&ARCHITECTURE,PLLC 914.244.1300(F) OFFICINE PANERAI (T) 241 LEXINGTON MOUNT KISCO,NY 10549 400 EAST HYMAN AVE,ASPEN, CO 81611 (F)91 914.244.0599 HISTORIC PRESERVATION COMMISSION REVIEW 30F13 DATE: AUGUST 08, 2012 FILE Z:\Panerai\Panerai—Aspen Colorado\D4 CO\Architecturvl\HPC PresenWlion\HPC Presentalian.deg PLOT DAIS:October 15,2012 i 8 O O / z Lu 0 Z Lu 0 oj > tl i � � Q � � o Z 44'-0" EXISTING TO REMAIN — NO CHANGE MILL STREET 01 PROPOSED FIRST FLOOR PLAN 1/2" = i'-o" ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW DATE. 40F13 AUGUST 08, 2012 FILE.Z:\P--\Poneroi—Aspen Colorado\04 CD\A,2hitect,ml\HPC Presentation\HPC Presentation.d, PLOT DATE.October 15,2012 � w ` W W w a Z Z x azx D Z Q w SINk � REF. � Z � T w C d O 1 V-04" 36'-11" PROPOSED NEW AWNING 44'-0°EXISTING TO REMAIN — NO CHANGE � r MILL STREET 02 PROPOSED SECOND FLOOR PLAN SCALE 1/2" = V-0" ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 50F13 DATE_ A��UST 08 2012 FILE.z_\Pay-\Ps,—,—Aspen Com,aaa\oa co\A,,h,t,,t I\HPC P,esz t,t—\HPC P,esematmn awq PLOT DATE odmb,,u.2012 J J 1 U � 1 Z uj u Z z i __ --- z W NEW HVAC ROOF TOP UNITS ° W/ SCREENWG PLACED OVER Q w ESUIPMENT CURB 0 0 — z Z x TT i 4'-0" 6'-104' ro 44'-0' EXISTING TO REMAIN - NO CHANGE MILL STREET 03 PROPOSED ROOF PLAN SCALE 112" = 1 -0" ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 400 EAST HYMAN AVE,ASPEN, CO 81611 (T)914.244.1300(F)914.244.0599 60F13 HISTORIC PRESERVATION COMMISSION REVIEW LATE AUGUST 08, 2012 FILE 2VP--APa1-1—Aspen Colora6A04 CDVAmh,t,,t—I\HPC PresentationAHPC Presentailon.dwg PLOT DATE Odabe,12 2012 ---- Jo. z ---__ - ' - � F of -- -. ANGLE""S OF S1GHi _-. - 0' ANGLE STANOARO SIGHT LINE -- ------ _ ^_ 43—11i" —_ — — IF A BUSINESS FRONTAGE IS MORE THAN (30) IN LENGTH,THAT FRONTAGE SHALL RECEIVE (8) SOFT. OF SIGNAGE. HYMAN AVENUE MALL 01 CROSS ELEVATION ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW DATE. 70F13 AUGUST O8, 2012 FILE Z VP,,,—,AP.... Aspel C.I—d.\04 CDVA,rmt,,t—I\HPC PL,—tot-ARPC P,—M.fi-dwq PLOT DATE October 12.2012 I 6'-101" 4-21 4'-21" NEW BROWN COLORED NEW BROWN COLORED 13.J SO. ALUMINUM TUBE \ 1}"xl}"SO ALUMINUM TUBE SCREENING AROUND HVAC SCREENING AROUND HVAC UNITS ------- UNITS \I O O NEW BRUSHED STAINLESS a STEEL PIN MOUNTED BACKLIT SIGN _. 14 6"x9'= 10.875 _.. SO.FT-2= 5.4375 SO.FT. NEW FRAMED BRUSHED _ '- - NEW BRUSHED STAINLESS - — STAINLESS STEEL FINISH -- - _ - _ STEEL PIN MOUNTED 17= STOREFRONT FRAME W ;_ __ ,' _ _ BACKLIT SIGN '_''v _ ��- CLEAR GLAZING , --- -- - - _-- - -- 5' 0'x 1'- = 6.458 S F — ., _ 6 458=2=7.23 S NEW BRUSHED STAINLESS � ` ` ` STEEL PIN MOUNTED - T - - _ NEW FRAMED BRUSHED BACKLIT SIGN - T '- STAINLESS STEEL FINISH STOREFRONT FRAME W _ \�^ 1 6'-9'x1 9'= 11.812 SF - _ / - -- - t .1AN \_\ 11 812-2- 5.90 S F . CLEAR GLAZIN -- 1 - NEW STATIONARY WHITE 1 r S AWNING 1 T -- �CAL NEW DISPLAY TABLE TYP �TATIONAPY HITE I _J AT INTERIOR OF SHOP AWNING W - I W/ LETTERING; 0.277 S F - - - -v - - TYPICAL NEW DISPLAY TABLE - 3 OF SIGNAGE EACH — —^- AT INTERIOR OF SHOP I _ n a t rs o T ` W/LETTERING. 0889 S.F. ° _ NEW FRAMED BRUSHED '- - " - _ _ 0 NA H � I 1 - - - - - _ - -. --. _ F SG G C ) E EACH STAINLE55 STEEL FINISH °J NEW BRUSHED STAINLESS STOREFRONT FRAME W - _ STEEL FINISH STOREFRONT 1 0.EAft GLAZING - / - FRAME w/ CLEAR GLAZING - { NEW ENTRY DOOR 43-111" 20 0" IF A BUSINESS FRONTAGE IS MORE THAN (30') IN LENGTH, THAT FRONTAGE SHALL RECEIVE(8) SOFT OF SIGNAGE RETAIL USES SHALL BE ALLOTTED SIX(6) SO.FT. OF SIGNAGE PER INDIVIDUAL BUSINESS FRONTAGE. SIGN AREAS * - -- SIGN AREAS / -- - — FACADE SIGN X INTERIOR DISPLAY TABLE = TOTAL SIGN AREA FACADE SIGN x INTERIOR DISPLAY TABLE = TOTAL SIGN AREA 5.90 SE x (6) 0.277 S = 7.562 S.F. LESS THAN 8.0 S.F. 3.23 SF. x 2) 0.277 S . = 3.784 S . LESS THAN 6.0 S.F. CALCULATION PER SECTION 26.510.060 & 26.510.100 OF THE CITY CALCULATION PER SECTION 26.510.060 & 26.510.100 OF THE CITY OF ASPEN SIGN REGULATIONS. OF ASPEN SIGN REGULATIONS. 01 PROPOSED EXTERIOR ELEVATION SCALE 3/s° = L-0" 02 PROPOSED EXTERIOR ELEVATION SCALE 3/8" = 1 —0" ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW DATE. 80F13 AUGUST 08, 2012 FILE.E'.\Pane...\P--,-Aspen Gd—d.\04 CD\A,cIHT,ct \HPG Presentation\HPC Presentation.d" PLOT DATE.October 12,2012 6-101. 4'-2, 4._24.. NEW BROWN COLORED CP 1i"XIjI S0. ALUMINUM TUBE c "I SCREENING AROUND HVAC 2 O UNITS REPLACE EXISTING WINDOWS -� REPLACE EXISTING WINDOW W/NEW BRUSHED ��}t STAINLESS STEEL FINISH 1 ST NEW BRUSHED STOREFRONT FRAME & �- - �'T I _ _ - - STAINLESS STEEL FINISH - - CLEAR GAZING r - - -f- - - - _ STOREFRONT FRAME& CLEAR GLAZING 4 0 — - - -_- — - L _ - - - a 0 i T-------_ _.� __ _ _ . ._ - - NEW BRUSHED STA NLESS STEEL FIN.SH STOREFRONT I -!. REPLACE EXISTING DOOR DC FRAME W1 CLEAR GLAZING - -- - - I STAINLESS R STEEL DFI CLEAR STOREFRONT` FINISH _ \ \ STOREFRONT FRAME E NEW BRUSHED STAINLESS \ � - .' GLAZING STEEL FINISH STOREFRONT r/1l - II[r /�/ ♦ FRAME W/ CLEAR GLAZING NEW ENTRY DOOR - -I ' I - I 01 PROPOSED EXTERIOR ELEVATION SCALE 3/8 = 1'-0' 02 PROPOSED EXTERIOR ELEVATION SCALE 3/e" _ l'-0" ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 90F13 DATE'. AUGUST 08, 2012 FILE Z.\P,n DP.... -Aspen Colorado\04 CD\Architectural\HPC Presentation\HPC Presentation.dwg PLOT DATE October 12,2012 S c .-:'. ♦ l`. - cry' ; ffi 01 EXTERIOR ELEVATIO"A" NTS 02 EXTERIOR ELEVATION"B" NTS 03 EXTERIOR ELEVATION"C" NTS i uStur - l ' 04 EXTERIOR ELEVATION"D" NTS 05 EXTERIOR ELEVATION"E" NTS 06 EXTERIOR ELEVATION"F" NTS t I wpq F 03115/201 07 EXTERIOR ELEVATION"G" hn 08 EXTERIOR ELEVATION"H" NTS 09 EXTERIOR ELEVATION"I" r i ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 1G 0F13 DATE: AUGUST 08, 2012 FILE:Z:\Panerai\Panerai—Aspen Colorado\04 CD\Arch,tectural\HPC Presentation\HPC Presentation.dwg PLOT DATE:October 12,2012 t � M 01 EXTERIOR ELEVATIO"J" r- 02 EXTERIOR ELEVATIO"K" 03 EXTERIOR ELEVATIO"L" tars -' 04 EXTERIOR ELEVATIO"M" NTS 05 EXTERIOR ELEVATIO"N" t rs ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 110F13 DATE: AUGUST 08, 2012 FILE:Z:\Paneroi\Panerai—Aspen Colorado\04 CO\Architectuml\HPC Presentation\HPC Pmm Won.dwg PLOT DATE:Octotmm 12.2012 ��h.� �.{► �' � °� � "aAy. ` ... X11 ��Ir w L t 01 EXISTING PERSPECTIVE VIEW ATMOSPHERE . • LEXINGTON • • NY 10549 11 CO /1 / • • HISTORIC . . FILE.Z:\Po,mi\Po,e,o,—Aspe,Colo,ado\04 C0\AchAectulal\HPC Pmswtatim\HPC Prewtation,dwg PLOT DATE:OcboW IZ 2012 T !i 1: 1 -*c n I 01 PROPOSED PERSPECTIVE VIEW hr ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 1G 0F13 DATE: AUGUST 08, 2012 FlLE.Z.\Panerai\Paneroi-Aspen Colorado\04 CO\NChiteclural\HPC Presentation\HPC Pre—tationdrrg PLOT DATE:October 12,2012 Q 0 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner RE: 400 E. Hyman Avenue (Tom Thumb Building) - Minor Development and Consolidated Commercial Design Standard Review DATE: October 24, 2012 SummARY: The applicant requests minor changes to the corner portion of the existing building located at 400 E. Hyman Avenue which was built in 1981. It is a non-contributing building within the Commercial Core Historic District. The property contains 15 individually owned condominium units; 12 of which are commercial space and 3 of which are residential. HPC previously granted conceptual approval to demolish the corner building and replace it with a glass box. The applicant is no longer pursuing entitlements for the glass box project. Staff recommends that HPC approve the request for Minor Development with conditions. APPLICANT: Ken Sack, 400 Hyman LLC, 5454 County Rd 346, Silt, CO 81652. PARCEL ID: 2737-073-43-001 through -005, 2737-073-43-009 through -015, 2737-073- 43-706 through -708 and 2737-073- 43-801. Tom Thumb Building ADDRESS: 400 E. Hyman Avenue, Tom Thumb Building, Condominium Units A-101 through A-103, A-201, A-202, A-301 through A-304, B-101, , B-201, B-202, B-301, C-101, C-201, / y In C-301 and the Condo Association Common Area, Lots K and L and a x<4 portion of Lot M, Block 88, City and Townsite of Aspen, County of Pitkin, State of Colorado. ZONE DISTRICT: CC, Commercial Core. N Legend historic 1 400 E.Hyman Ave. (Tom Thumb) HPC Minor Development Staff Memo 10/24/2012 o � HPC is asked to grant Minor Development and Consolidated Commercial Design Standard Review. Staff applied both the Commercial, Lodging and Historic District Design Objective and Guidelines and the Historic Preservation Design Guidelines to the discussion. DISCUSSION: Window Changes: As described in the Commercial, Lodging and Historic District Design Objectives and Guidelines for the Commercial Core Historic District, "Fenestration on upper floors is predominantly solid and void `hole in the wall' form and vertical in proportion, reflecting classical architectural proportions. There are, however, departures from this pattern which contribute to the rich diversity of the street. " 400 E. Hyman Avenue comprises two buildings: a corner piece that is the subject of this review and an L-shaped building that surrounds the corner piece. The applicant proposes to replace the upper and lower level windows with larger storefront style windows. The window change is only proposed for the corner piece, which will differentiate it from the L-shaped building surrounding it - similar to the previous concept of the glass box. The current configuration of smaller windows on the upper floors with storefront windows on the ground level attempt to relate to the hierarchy of spaces typically seen in the 19th century buildings in the historic district, however the success of this attempt is questionable. 1. 2 9 Photograph 1:400 E.Hyman St.existing condition 2 400 E.Hyman Ave. (Tom Thumb) HPC Minor Development Staff Memo 10/24/2012 1 Relevant Design Guidelines are below: 6.40 Maintain the repetition of similar shapes and details along the block. • Upper story windows should have a vertical emphasis. In general, they should be twice as tall as they are wide. • Headers and sills of windows on new buildings should maintain the traditional placement relative to cornices and belt courses. 6.42 The general alignment of horizontal features on building fronts should be maintained. • Typical elements that align include window moldings, tops of display windows, cornices, copings and parapets at the tops of buildings. • When large buildings are designed to appear as several buildings, there should be some slight variation in alignments between facade elements. 6.44 Maintain the distinction between the street level and upper floors. • No upper floor shall be taller than the first floor. • Floor-to-floor heights should appear to be similar to those seen historically. In particular the windows in new construction should appear similar in height to those seen traditionally. • The first floor of the primary fagade should be predominantly transparent glass. • Upper floors should be perceived as being more opaque than the street level. Upper story windows should have a vertical emphasis. • Highly reflective or darkly tinted glass is inappropriate. • Express the traditional distinction in floor heights between street levels and upper levels through detailing, materials and fenestration. The presence of a belt course is an important feature in this relationship. Staff Response: Staff is supportive of the proposed window change on the upper floors and finds that differentiating the corner piece from the rest of the property breaks up the 1980s building and provides some interest on this popular corner of the pedestrian mall. The size and number of proposed windows meets the intent of Guideline 6.40 by providing repetition in building elements as a way to relate to the repetition in historic structures. The proposed alignment of the windows and horizontal emphasis meets Guideline 6.42. Staff finds that the increased window size on the lower level lightens up the building and places more emphasis on the storefront level. The windows on the upper floor do not meet Guideline 6.44, however staff finds that a departure from this standard is appropriate for this building and in line with the intent of Guidelines described above in italics. Si na e: HPC does not typically review signage — it is usually an administrative review. The street and upper level of the building are proposed to be leased by one company. As such, the applicant proposes a cut out letter sign on the second story of the building on both the Mill and Hyman Street fagades. Display boxes with the "Panerai" sign are proposed in the storefront windows. The proposed amount (square footage) of signage complies with the City of Aspen sign code. A backlit light that meets lighting and signage Code requirements is proposed for 3 400 E.Hyman Ave. (Tom Thumb) HPC Minor Development Staff Memo 10/24/2012 both cut-out signs, however the backlit sign conflicts with the Historic Preservation Design Guidelines. Relevant Historic Preservation Design Guidelines are below: 14.25 Locate signs to be subordinate to the building design. • Signs should not obscure historic building details. • Small scale signs, mounted on the building are encouraged. • Free-standing signs should not be so large as to obscure the patterns of front facades and yards. 14.26 Sign materials should be similar to those used historically. • Painted wood and metal are appropriate. • Plastic and highly reflective materials are inappropriate. 14.27 Use signs to relate to other buildings on the street and to emphasize architectural features. • Position signs to emphasize established architectural elements. It is best to mount signs so they fit within "frames" created by components of the facade design. • Pay particular attention to placing new signs on existing buildings when renovating. The signs should not obscure existing details. 14.29 Illuminate a sign such that it complements the overall composition of the site. • If signs are to be illuminated, use external sources. Light sources should be placed close to, and directed onto, the sign and shielded to minimize glare into the street or onto adjacent properties, and shall be very low wattage. If possible, integrate the lights into the sign bracket. Staff Response: Staff is concerned about the impact of the proposed signage on the Historic District, especially considering the Wheeler across the street and the adjacent Collins Block. The upper floor location and backlit lighting do not meet the Historic Preservation Design Guidelines 14.25, 14.27 and 14.29. The Code allows signage on the second floor of buildings if it coincides with where the commercial space is located. In this project, the commercial space is on both the first and second floors, so a first floor sign is more appropriate. Staff suggests that the applicant work with Staff and monitor to revise the location and lighting of the sign to meet the Design Guidelines and to be more compatible with the Historic District and surrounding historic landmarks by placing the sign on the first floor, rather than the upper floor, looking into more traditional lighting options, and possibly utilizing the awning for signage. Mechanical Equipment: The applicant proposes two new HVAC units atop the building. The units are about 6'10"by 4' 2"in size, about 4'9"in height, and are located about 4' from the Mill Street facade and the north building edge. The Land Use Code requires mechanical equipment to be less than 5' in height as measured from the point at which the mechanical attaches to the roof. Mechanical is also required to be at least 20' back from street facing facades. The width of the building is 20' making the setback requirement impossible to be met. The Community Development Director may waive the dimensional requirement in this instance as long as the mechanical equipment is reasonably close to meeting the requirement. The applicant proposes brown aluminum tubes as a screen around the HVAC units. Relevant Historic Preservation Design Guidelines are below: 4 400 E.Hyman Ave. (Tom Thumb) HPC Minor Development Staff Memo 10/24/2012 14.15 Minimize the visual impacts of mechanical equipment as seen from the public way. • 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 • Use low-profile mechanical units on rooftops so they will not be visible from the street or alley... • Paint telecommunications and mechanical equipment in muted colors that will minimize their appearance by blending with their backgrounds. Staff Recommendation: Currently there is a small mechanical unit on the roof. In order for the setback to be waived, Staff recommends that the mechanical equipment be relocated to the far interior edge of the building. Staff also recommends that the applicant find the smallest HVAC units available (similar to what is already on the roof). The proposed metal screen may draw more attention to the mechanical equipment than help it blend into the background. Staff recommends that Staff and monitor review and approve the mechanical screen once the mechanical location and size is finalized. Accessible lift: The sunken interior courtyard requires updated accessibility equipment. The applicant proposes a stair lift accessed off of the Hyman Avenue Mall. The current stair lift is located off of Mill Street. Staff Recommendation: Staff is supportive of the location of the stair lift as long as it meets Building Code requirements. Suggested Discussion Tonics: 1) window changes 2) signage 3) mechanical equipment location on roof 4) accessible lift 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. 5 400 E. Hyman Ave. (Tom Thumb) HPC Minor Development Staff Memo 10/24/2012 RECOMMENDATION: Staff recommends that HPC grant Minor Development approval for the property located at 400 E. Hyman Avenue, with the following conditions: 1. The windows are approved as presented. 2. The wall sign must be on the first floor with the location to be reviewed and approved by Staff and Monitor. 3. The wall sign is not permitted to be backlit and shall have more traditional lighting to be reviewed and approved by Staff and Monitor. 4. The mechanical equipment setback shall be increased to the greatest extent practical and the size of the mechanical equipment reduced to the smallest size allowed, and consolidated into one unit if possible. 5. The mechanical equipment location is subject to review and approval for a dimensional variance by the Community Development Director. - - - - - - - - 6. Staff and Monitor shall review and approve the mechanical screen after the location and size of the mechanical equipment is finalized. 7. The accessible lift is approved with the condition that it must meet Building Code requirements. 8. Lighting and signage shall meet City Land Use Code requirements. 9. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full board. Exhibits: Resolution#_, Series of 2012 A. Application 6 400 E. Hyman Ave. (Tom Thumb) HPC Minor Development Staff Memo 10/24/2012 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING MINOR DEVELOPMENT AND CONSOLIDATED COMMERCIAL DESIGN STANDARD REVIEW FOR 400 EAST HYMAN AVENUE, TOM THUMB CONDOMINIUMS, SPECIFICALLY UNITS C-301 AND C-302, LOTS K, L AND A PORTION OF LOT M, BLOCK 88, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #_, SERIES OF 2012 PARCEL ID: 2737-073-43-001 through -005, 2737-073-43-009 through -015, 2737-073-43-706 through -708, and 2737-073-43-801. WHEREAS, the applicant, Ken Sack of 400 Hyman LLC, represented by Louis Loria Atmosphere Design Group, has requested Minor Development and Consolidated Commercial Design Review approval for 400 East Hyman Avenue, Tom Thumb Condominiums, Units C-301 and C-302, Lots K, L and a portion of Lot M, Block 88, 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, the Tom Thumb Condominium Homeowner's Association has consented to the application; and WHEREAS, the property is located within the Commercial Core Historic District and is considered a non-contributing building; 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, for Consolidated Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, 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 HPC Resolution No._, Series of 2012 400 East Hyman Ave. (Tom Thumb Building) Page 1 of 3 WHEREAS, Sara Adams, in her staff reports dated October 24, 2012, performed an analysis of the application based on the standards, found that the review standards, the Commercial, Lodging and Historic District Design Objectives and Guidelines, and the City of Aspen Historic Preservation Design Guidelines are met with conditions; and WHEREAS, during a duly noticed public hearing on October 24, 2012, the Historic Preservation Commission considered the application, found the application was consistent with the applicable review standards and approved the application by a vote of_to_, with conditions. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Consolidated Commercial Design Review and Minor Development for the property located at 400 E. Hyman Avenue, Tom Thumb Building, Condominium, specifically Units C-301 and C-302, Lots K and L and a portion of Lot M, Block 88, City and Townsite of Aspen, County of Pitkin, State of Colorado, with the following conditions: APPROVED BY THE COMMISSION at its regular meeting on the 24th day of October, 2012. 1. The windows are approved as presented. 2. The wall sign must be on the first floor with the location to be reviewed and approved by Staff and Monitor. 3. The wall sign is not permitted to be backlit and shall have more traditional lighting to be reviewed and approved by Staff and Monitor. 4. The mechanical equipment setback shall be increased to the greatest extent practical and the size of the mechanical equipment reduced to the smallest size allowed, and consolidated into one unit if possible. 5. The mechanical equipment location is subject to review and approval for a dimensional variance by the Community Development Director. 6. Staff and Monitor shall review and approve the mechanical screen after the location and size of the mechanical equipment is finalized. 7. The accessible lift is approved with the condition that it must meet Building Code requirements. 8. Lighting and signage shall meet City Land Use Code requirements. 9. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full board. 10. 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 HPC Resolution No._, Series of 2012 400 East Hyman Ave. (Tom Thumb Building) Page 2 of 3 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: 400 East Hyman Avenue. 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 as to Form: Ann Mullins, Chair Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk HPC Resolution No._, Series of 2012 400 East Hyman Ave. (Tom Thumb Building) Page 3 of 3 MQ - invl YK) OFF 0 N .. . y .Aga 400 EAST HYMAN AVENUE ASPEN , COLORADO 81611 .. ,1%, t . _ ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 10F12 DATE: AUGUST O8, 2012 FILE:Z:\Panerai\Ponmai—Aspen Colorado\04 CD\MchKe tuml\Xmf\HPC P—ntalion.d.g PLOT DATE:August 08,2012 � + 0,r ="a.• u., - •''-PUB sus t a00 LOCATION OF SITE �a a ut _ _ 290 • • r 1 I�I / � r P �� j % / _ - - _r. � cos •��- �1 • r r � +faertrMdYl'; tiaLO9wYS sn '•'I'Am - a LOCATION OF SITE 02 ZONING MAP rlTs fro ex 4101 „• . #41 orp LOCATION OF SITE - •, �� y �rl sea to f �w� ♦, i• s• ,,o r Obs•rvar.CaoperA Mk • — r� � t r11� �tf� * 4+f� 4 - ' , • � =, 1 y. .. • .- "'°� i��aw `� * r fix. V Mountain View Plane ♦ ` �� • to Above which no land use or building shell proje 7 j.• t � •. ' `' Height Above Observer 1 7• -Observer elevation to 30 feet ' ' I%6 * w _3040 feet •cn aAy».,i.�e u:•coo-s•mwsea9s oso ,� ,A'y .. ! 4k t 40-50 feet v�a•P�os ermMm�MNry Tne w..pa.r•poea�mroa: 7 ` sm.�o•w:raAOOMr..r.raroso x.r ee•w m.m:«..r, ,• 1 .. 50-60 feet Structure Y crsoeP.rm,e.rr»�,oy,a.zam 01 AERIAL VIEW 03 VIEW PLANE PLAN NTS ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 HISTORIC PRESERVATIONS COMMISSION REVIEW 2oF 12 DATE: AUGUST 08, 2012 FILE:Z:\Pamrai\Paremi-Aep,,Colorado\04 CD\Architectural\%ref\HPC Pre9entallm.dwg PLOT DATE:Auguet OB•2012 I F J El_ IEw H A_ E T mn 'r ------- e PEErn� "_- _ o _Pv rlr 'Al t r � I ; 010 F — I I _ K I I = I z - I - I z I I n n j I; I z r T I m I it I i I � I I 1 'Ex T_ FEVAH NF -HArP E I?'-7* PPI-PO]-J NEA AJNIHl, 'n 4. - P _T.I'_.TN' ?EVA'.H N; HAN"E E>ISTIN�,TO FEW', — NO -HAN�-,E 01 PROPOSED FIRST FLOOR PLAN scA a° = r 02 PROPOSED SECOND FLOOR PLAN 3-ALE ` = 03 PROPOSED ROOF PLAN ALE R,. = 1'—s° ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN,CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 30F 7 ATE AI-��-T -- -_ F IF 'tPooemlVP ni-Aspen hni°,ii:C A h e.,.- r..�ento Ion iep _ -'t 7° -,I' i 4..4.. 4. 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STJPEFR NT FRAME W "1 l 'JEW S-T HAR, N-.E Il`_W 4 C �1ATFI,AFl WHITE AWNING IF , YY I i I 11 NEW RAMMED BRUS-EL STAID_El' STEEL F N<H T'JFEFR NT FRAME W I. f H 'i ST PE !FW B L F L STAI LE F FF I =RAME TA NLE DID: _ HE FRAMED B"U-HFL _I,HTBCx 01 PROPOSED EXTERIOR ELEVATION E = 02 PROPOSED EXTERIOR ELEVATION AL_ S r - I - ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 4oF ' E� T -_ 1_ FIE Z P1111,; .PlIell,-Pspe^C uIJ EGG FC A r-,I lw, F1-I LA k � ,r 1 jar, .. 01 PROPOSED PERSPECTIVE VIEW NTS ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 7oF12 DATE: AUGUST 08. 2012 I FILE L\Panerai\Paamai-raven Cotoraeo\a CD\ArchitmkumI\zar sentati..d.q PLOT DATE'August 08.2012 / C-9 4" -I NEW BROWN COLORED 6._ NEW BROWN COLORED 50.ALUMINUM TUBE SCREE NING AROUND HVAC 1;"X13-SO.ALUMINUM TUBE SCREE UNITS SCREENING AROUND HVAC UNITS I I "a 'v 2'-0' SECOND FLJl7UNC --- EL _SEr_C!N',FL�'OP.CEILIIIG- REPLACE EXISTING WINDOWS - W/NEW BRUSHED '`.I REPLACE IXISTING WINDOW STAINLESS STEEL FlNISH ST NEW BRUSHED STOREFRONT FRAME& _ _ STAINLESS STE0.FINISH CLEAR GLAZING STOREFRONT FRAME& •y ,;; ��,\ CLEAR GLAZING NEW STATIONARY WHITE - AWNING- 4•-O• NEW STATIONARY WHITE AWNING I � EL� ST FLOOR CEILING FIRST FLOOR CEILIPJG !!I �NEW BRUSHED STAINLESS � ,' LcT/ •,',• , - - �' I STEEL FINISH STOREFRONT FRAME W/CLEAR GLAZING de GRAPHICS ' ;, NEW ENTRY DOOR-- T NEW BRUSHED STAINLESS B STEEL FRAME W/SCLEAR REFRO O '' ,V1 T-�- T NEW ENTRY DOOR \ r,' y i'• '_�.. ', • i q, .. t _`_.1'� - x- _ 'r' ._ .T T l- 01 PROPOSED EXTERIOR ELEVATION SCALE: 3/8" = 1'-0" 02 PROPOSED EXTERIOR ELEVATION SCALE: 3/8" = 1'-0" ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.2441300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 50F 12 DATE: AUGUST 08, 2012 FILE.Z:\Pan,-\Panno -Aspen Colomdo\04 CD\A naaeurm\Xmf entabon a»g PLOT DATE Aug®t 13,2012 i 0 i stqx 01 EXTERIOR ELEVATION r 02 EXTERIOR ELEVATION NTS ATMOSPHERE DESIGN&ARCHITECTURE,PLLC OFFICINE PANERAI 241 LEXINGTON AVE.,MOUNT KISCO,NY 10549 (T)914.244.1300(F)914.244.0599 400 EAST HYMAN AVE,ASPEN, CO 81611 HISTORIC PRESERVATION COMMISSION REVIEW 60F12 DATE: AUGUST OS, 2012 FILE:Z:\P—ai\P—i-Aspen Colorado\04 CD\Archdwturol\Xret\' enlatien.d.g PLOT DATE:August 08,2012 2� •2oi2 • cif PC ATTACHMENT 2 - Historic Preservation Land Use Application <r X 1 4 �.^� 2 PROJECT: Name: Tom Thumb Building Location: 400 Hyman Avenue (Indicate street address, lot&block number or metes and bounds description of property) Parcel ID# (REQUIRED) 273707343013 APPLICANT: Name: Kenneth Sack Address: 5454 County Rd 346 Silt, CO 81652 Phone#: 954-249-5674 Fax#: kensack@me .com E-mail. REPRESENTATIVE: Name: Louis Loria Atmosphere Design Group Address. 241 Lexington Avenue Mount Kisco NY 10549 Phone#- 914-244-1300 914-244-0599 llori.a @atmosphere-dg.com Fax#: E-mail: TYPE OF APPLICATION: lease check all that apply): ❑ Historic Designation ❑ Relocation(temporary,on ❑ Certificate of No Negative Effect ❑ or off-site) ❑ Certificate of Appropriateness ❑ Demolition(total Z] -Minor Historic Development demolition) ❑ -Major Historic Development ❑ Historic Landmark Lot Split ❑ -Conceptual Historic Development ❑ -Final Historic Development -Substantial Amendment ExISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc. Existing lower level and ground floor are being used as retail. Existing second floor is vacant . PROPOSAL: (description of proposed buildings,uses,modifications,etc. Proposed use is to remain retail for Officine Panerai a luxury watch company. Aspen Historic Preservation Land Use Application Requirements,Updated:May 29,2007 r , General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved. YES NO Ec ❑ Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? ❑ Does the work you are planning include interior work; including remodeling, rehabilitation, or restoration? ❑ 13� Do you plan other future changes or improvements that could be reviewed at this time? ❑ IX In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior's Standards for Rehabilitation or restoration of a National Register of Historic Places property in order to qualify for state or federal tax credits? ❑ ❑ If yes, are you seeking federal rehabilitation investment tax credits in conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) ❑ ❑ If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use: ❑ Rehabilitation Loan Fund ❑ Conservation Easement Program ❑ Dimensional Variances ❑ Increased Density ❑Historic Landmark Lot Split ❑ Waiver of Park Dedication Fees ❑ Conditional Uses ❑ Exemption from Growth Management Quota System ❑ Tax Credits Aspen Historic Preservation Land Use Application Requirements,Updated:May 29,2007 r ATTACHMENT 3- Dimensional Requirements Form (Item#10 on the submittal requirements key. Not necessary for all projects.) Project: Tom Thumb Building Applicant: Kenneth Sac Project Location: 400 East Hyman Avenue Zone District: Commercial Core (CC) Lot Size: Lot Area: (For the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark,easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed.• N/A Number of residential units: Existing: Proposed: N/A Number of bedrooms: Existing: Proposed: N/A Proposed%of demolition: N/A DIMENSIONS: (write n/a where no requirement exists in the zone district) Floor Area: Existing: Allowable: Proposed.• N/A Height Principal Bldg.: Existing: Allowable: Proposed.• N/A Accessory Bldg.: Existing: Allowable: Proposed: N/A On-Site parking: Existing: Required: Proposed.• N/A %Site coverage: Existing. Required: Proposed: N/A %Open Space: Existing: Required: Proposed: N/A Front Setback: Existing: Required: Proposed: N/A Rear Setback: Existing: Required.• Proposed: N/A Combined Front/Rear: Indicate N, S,E, W Existing: Required: Proposed: N/A Side Setback: Existing: Required: Proposed: N/A Side Setback: Existing: Required: Proposed: N/A Combined Sides: Existing: Required: Proposed.• N/A Distance between Existing: Required: Proposed: N/A buildings: Existing non-conformities or encroachments and note if encroachment licenses have been issued: N/A Variations requested (identify the exact variances needed): N/A Aspen Historic Preservation Land Use Application Requirements,Updated:May 29,2007 Sara Adams From: peter[petergoldstein @att.blackberry.net] Sent: Thursday, September 20, 2012 9:11 AM To: Sara Adams Subject: Re: tom thumb HPC application That is correct From: "Sara Adams" <Sara.Adams @ci.aspen.co.us> Date: Thu, 20 Sep 2012 09:03:41 -0600 To: <petergoldstein@att.blackberry.net> Cc: Jim True<Jim.True @ci.aspen.co.us> Subject: tom thumb HPC application Hi Peter, I am writing to confirm that the Tom Thumb Condominium Association has consented to the new application submitted by Ken Sack for Minor HPC Development review to renovate the exterior of the building. Please confirm. Thank you, Sara Sara Adams,AICP Senior Planner City of Aspen 130 South Galena Street Aspen, CO 83611 tele_ 070.429.2778 www.aspenitkin.corra 1 09-18-2012 9: 34 AM 18482609215 15619086667 Pg 1/1 r ' Tom Thumb Condominium Association 400 East Hyman Ave Aspen, Colorado 81611 September 18,2012 Sara Adams,AICP Senior Planner (Ay Of ASPeil 130 South Galena Strset HS�Gn,'�lJ tl i=71.I Dear Sara On behalf of the Tom Thumb Condominium Association,we understand that 400 Hyman LtC is applying for renovation of their units. The appllcation requires a Minor HPC review which has been Scheduled for October 10'",2042 and we approve their submitting the application Yours truly, Peter Goidsteln President f; CONINIUNITY DEVELOPNIENir DEPARTMENT Agreement to Pay Application Fees Anagreement between the City of Aspen ("City")and Property Ken Sack Phone No.:954-249-5674 kensack @me.com Owner("I"): Email: Address of 400 East Hyman Ave., Aspen, CO Billing 554554 County Rd 346 Silt,CO 81652 Property: Address: (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $0 flat fee for Select Dept $0 flat fee for Select Dept $0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 11260 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ 0 deposit for 0 hours of Engineering Department staff time.Additiona ime above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: 1 Chris Bendon Community Development Director Name:Ken ack City use' 1260 Title: Owner Fees Due:$ Received:$ JUL 31 2012 CITY OF ASPEN —1 Y 0 ��P CI o , a FN PRE-APPLICATION CONFERENCE SUMMARY n PLANNER: Sara Adams, 429.2778 DAT'-".duly 27-, 2012 PROJECT: 400 East Hyman Avenue REPRESENTATIVE: Louis Loria, 914-244-1300 x111 TYPE OF APPLICATION: HPC Minor Development and Consolidated Commercial Design Review DESCRIPTION: The applicant would like to change the fenestration and add steel lintels to a portion of the building located at 400 E. Hyman Avenue. Staff finds that the proposal does not qualify for a Certificate of No Negative Effect. HPC Minor Development approval is needed. Please provide cut sheets and material samples (photographs are sufficient) for the changes. Consolidated Commercial Design Review is required. Both reviews are required to meet the applicable guidelines in the Commercial, Lodging and Historic District Design Guidelines and Objectives._ Owner consent and a letter from the HOA consenting to the proposal is required as part of the land use application. A letter from the owner officially withdrawing the pending growth management application is required as part of the land use application. Land Use Code (including all code sections cited below): http://www.aspenpitkin.com/Departments/Community-Development/PIanning-and-Zoning/Title-26- Land-Use-Code/ Commercial, Lodging and Historic District Design Guidelines (see Commercial Core Historic District): http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Current- Planning/ HPC application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/form historic land use app.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.415.070.0 Certificate of Appropriateness, Minor Development Review by: Staff for complete application, HPC for determination Public Hearing: Yes. Posting of Public Notice only. Planning Fees: $1,260.00 (for a 4 hour deposit, billed at $315 per hour for over 4 hours) Total Number of Application Copies: 10 To apply, submit the following_information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary (this document). I 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. Letter from property owner consenting to the application. 9. Letter from HOA consenting to application. 10.Letter from owner withdrawing the pending growth management application. 11.A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 12.All other materials required pursuant to the specific submittal requirements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. � OTMOSPHERE vEs.ow wuv, uc TRANSMITTAL "r 9O1? August 13, 2012 Sara Adams Aspen Historic Preservation City ofAspen 13O South Galena Street — — —Aspen,C/]81811 Re: 4OD East Hyman Ave Tom Thumb Building 'Offioinaponanai Dear Sara, Please find enclosed one set each of24^x3R' and 11'x17'' design drawings for HPCsubmittal. Along with the design drawings you will find o copy of the survey and an outline narrative corresponding to the City of Aspen Commercial Core Historic District. Sincerely, Antonio YWuiuo|o Co. Kenneth Sack Simon Dahan TomBynuzok Ka||yGauona z4` LEXINGTON AVENUE, MOUNT mSco'NEW YORK m5*v r"wz4msoo rswz44osvv wWww.xrwospxcnc'oozom ncr^ / L ^ CvRpvn ^rc ^ ncs / ocmr / xL I ATMOSPHERE DESIGN GROUP LLC August 13, 2012 Sara Adams Aspen Historic Preservation City of Aspen 130 South Galena Street Aspen, CO 81611 Re: 400 East Hyman Ave Tom Thumb Building- Off icine Panerai Dear Sara, The proposed project for the Tom Thumb Building at 400 East Hyman Ave is to renovate the existing building for the placement of new Officine Panerai luxury watch shop. Below is an outline corresponding to the City of Aspen Commercial Core Historic District. Design Objectives 1. The proposed project will maintain the existing retail use by upgrading to a luxury brand. 2. The proposed project will maintain the character of the existing building. 3. The scale of the building will not change. The new windows will enhance the building's architectural scale and void to s6id ratio. 4. The building height will remain. 5. The outdoor public space will remain. 6. The storefront will expand slightly and new awning will be installed at the first floor level. 7. The original character of the building will remain. Street&Alley Systems The existing Street Grid, Internal Walkways and Alleys will not be affected and will remain. Parking The existing Parking will remain. 241 LEXINGTON AVENUE, MOUNT KISCO, NEW YORK 10549 T 914 244.1300 F 914 244.0599 W WWW.ATMOSPHERE-DG.COM R E T A I L • C O R P O R A T E • R E S I D E N T I A L Public Amenity Space The generous public amenity space will remain along the building perimeter. Building Form The existing building's form will remain. Building Height, Mass & Scale The existing building's height, mass and scale will remain. The second floor have been designed to align with the first floor. This design feature was proposed to give the existing building alight and airiness to the current block-like feel of the structure. The openness provides a relationship and complements the adjoining open plaza as well. The proposed sign is a pin mounted backlit type. The letters will be individually installed with pins and set away from the building fapade. The individual letters will be backlit and the light fixtures will not be visible when standing underneath the sign. We believe that this project will add to the existing character of the Tom Thumb building and to the fabric of the existing Aspen downtown texture. Sincerely, Louis Loria Cc. Kenneth Sack Simon Dahan Tom Byrczek Kelly Gaussa I ALTA OWNER'S POLICY(6/17/06) SCHEDULE A Name and Address of Title Insurance Company: Stewart Title Guaranty Company P.O.Box 2029 Houston,Texas 77252-2029 Prepared by: Colorado Regional Production Center Title Officer: Linda Williams Order Number: 943563 Policy Number: 0-9301-1724841 Date of Policy: May 2, 2011 at 4:30 PM (or the date of recording of the insured deed,whichever is later) Amount of Insurance: $1,800,000.00 Premium: $1,784.00 *Address Reference:400 East Hyman Avenue Unit C-201 Aspen,Colorado 81611 1. Name of Insured: P f" 400 Hyman LLC, a Colorado limited liability company JUL 3 2012 n r� kJ f i-� "4&fit 2. The estate or interest in the land that is insured by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: 400 Hyman LLC, a Colorado limited liability company 4. The land referred to in this policy is described as follows: Unit C-201 THE TOM THUMB BUILDING CONDOMINIUM According to the plat thereof recorded in Plat Book 13 at page 27 as Reception No. 240634 and as defined and described in the Condominium Declaration for The Tom Thumb Building Condominiums recorded April 15, 1982 in Book 425 at Page 202 as Reception No. 240677 and the First Amended Condominium Declaration recorded March 31, 1986 in Book 508 at Page 156 as Reception No. 276893 COUNTY OF PITKIN, STATE OF COLORADO *FOR COMPANY REFERENCE PURPOSE ONLY,NOT AN INSURING PROVISION � _ _ _—_ [1� ALTA Owner's Policy—Schedule A e� W*guaranty company Page 1 of 1 Policy Typist:tv Tom Thumb Condominium Association 400 East Hyman Ave Aspen, Colorado 81611 July 30, 2012 Sara Adams,AICP City of A":'Pe; ,f Dear Sara 400 Hyman LLC is applying for renovation of their units. The application requires a Minor HPC review and the association approves the application for the renovations. Kenneth Sack Secretary for Association Manager of Tom Thumb Condominium Association Air 400 Hyman LLC Inr 5454 County Rd 346 Silt, CO 81652 954-249-5674 I am applying for an HPC Minor Development and Consolidated Commercial Design Review for the property listed below. Louis Loria,Atmosphere Design Group is authorized as my representative. R01 0570 273707343015 400 HYMAN LLC 400 E HYMAN AVE ASPEN Subdivision: TOM THUMB BUILDING Unit: C-301 R010569 273707343014 400 HYMAN LLC 400 E HYMAN AVE ASPEN Subdivision: TOM THUMB BUILDING Unit: C-201 I hereby withdraw the pending growth management application on the above referenced properties. If there is any further information needed, please contact me at 954-249-5674 1 Kenneth Sack ---------- r7=�- sy -7 HU R_- Y- T T '101-K- O' Y ' i Gs r�\� a ? s r cf ir} oor 011 „I P s 1 f , i I 1 j elf) i - 14 6 Icy, *n 9 I I 3 s i 8 Gd �/