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Home My WebLink Aboutcoa.lu.ec.515 W. Gillespie Ave. HPC027-00 I --' I>-., . . ...,,;{\ ~I".,.",.:, CASE NUMBER PARCEL ill # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY HPC027-00 2735-121-11007 515 W. Gillespie Historic Lot Split 515 W. Gillespie Fred Jarman Conditional Use, Lot Split, Subdivision, Histori Neil and Pamela Beck Randall Bone 6/25/01 Ord #20-2001 Approved 4/3/02 J. Lindt "' ~. "'....~~ "~..:_.,~'".,^.-,~" ''I h- :.::. q/A. ~ . . ~ Lot 4- K" L,J 1.5 ~_l F/tI'6 F IJ.fL 1"/ 'S'r z ?'1D 1,IOc"pt(' ~_ TO: MEMORANDUM Mayor and Aspen City Council ~ I 1'- 'v'/1~ r <vV I iff .If steve Barwick, City Manager Julie Aun Woods, Community Development DirectOr Joyce Ohlson, Deputy Director Fred Jarman, Planner RE: 515 West Gillespie Avenue: Public Hearing (2nd Reading) Historic Landmark Designation and Historic Landmark Lot Split Ordinance No. 20, Series 2001 (Continued from Jnly 9th, 2001) July 23, 2001 THRU: FROM: DATE: SUMMARY OF REQUEST Pamela and Neil Beck (the Applicant), represented by Randall Bone, is requesting approval for Historic Landmark Designation and Historic Landmark Lot Split for the property located at 515 West Gillespie Avenue, City and Townsite of Aspen. ZONING: R-6 (Medium-Density Residential) LOT SIZE: 9,210 square feet ISSUES FROM PREVIOUS HEARING At the last public hearing held on July 9th, there was some confusion as to how the FAR bonus (awarded by the HPC) is applied and has been applied in the past in the case of a historic landmark lot split City Council continued the public hearing requesting Staff to further clarify this issue. In doing this, Staff has attached a Code Interpretation, which determines that, due to the vague language in the Land Use Code, that the HPC bonus of 500 square feet of FAR, may be permitted on the "fathering" or "original" parcel containing the historic structure in the case of a historic landmark lot split More simply, in the case of historic landmark lot splits, the term parcel is meant to be "fathering" or "original" parceL Staff also included sets of drawings with the packet submitted for City Council's review at the last public hearing. Staff requests that Council bring those drawings to the hearing, as they are not being duplicated for this packet. BACKGROUND The subject property currently contains a two-story residence (pictured above) that is currently listed on the City's Inventory of Historical Sites and Structures and is situated .r ---- .(""\. (') on a 9,210 square foot lot The house was built in approximately 1887 and was originally located at 100 West Hopkins Avenue. It is approximately 1,681 square feet in size and is used as a single-family dwelling. The lot also contains a non-contributing garage. PRIOR ApPROVALS & RECOMMENDA nONS The Applicant recently received a recommendation of approval for the Historic Landmark Designation and Historic Landmark Lot Split from the Historic Preservation Commission and a recommendation of approval for the Historic Landmark Designation from the Planning and Zoning Commission. STAFF COMMENTS The Applicant is seeking approval from City Council for a Historic Landmark Designation and a Historic Landmark Lot Split for the property located at 515 West Gillespie Avenue. The 9,210 square foot lot, once split, would result in two lots; Lot "A" having 4,639 square feet and Lot "B" having 4,571 square feet The Applicant subsequently allocates specific FAR to each newly created lot using the allowable duplex FAR for the fathering or original parceL The duplex FAR allowed for the fathering parcel is 4,093 square feet which is subsequently split between the two newly created lots: 1,753 sq. ft. to Lot A and 2,840 sq. ft to Lot B. FAR Bonus Allocation While the Land Use Code states that Historic Preservation Commission (HPC) variances and bonuses are only permitted on the "parcel that contains a historic structure," a Code Interpretation has been drafted that clarifies that the HPC bonus of 500 square feet in FAR (or floor area), may be permitted on the "fathering" parcel containing the historic structure in the case of a historic landmark lot split In the past, Staff, the HPC, and City Council have allowed applicants to allocate FAR (including the bonus) to each newly created lot as desired as the result of a historic landmark lot split In effect, an applicant should not be "penalized" by requiring that the 500 sq. ft bonus must be incorporated onto the lot containing a historic structure. This action is contrary to what the historic preservation program is intending to accomplish. That is to say, historic preservation projects 1 efforts are rewarded with incentives so that the City of Aspen may continue to maintain, as close as possible, real and tangible examples of its past. By allowing a project to "add on" or further compromise a historic structure as a reward is not what the preservation program intends to accomplish. Therefore, in this case, the Applicant simply wishes to apply the bonus to the newly created lot, which does not exceed the zoning requirements regarding FAR for that lot. For a detailed explanation of how this has been interpreted, see the Code Interpretation attached as Exhibit A. BOUNDARY DISPUTE It should be noted, that an adjacent neighboring property owner to the west of the Beck's property (the subject property), a Mr. And Mrs. Collins, questioned the accuracy of the lot line separating the two properties. This has remained an outstanding issue regarding this proposed development Despite the potential alleged boundary dispute, the applicant 2 -".. f"'\ n has proposed a development plan that would not be affected at all should the questionable lot line be decided in favor of the Collins. More importantly, upon additional conference with the City Attorneys, the City of Aspen has no legal authority to hold this development proposal from moving forward to any City Board for land use approvals if the proposal is in no way reliant on the disputed property line. In this case, and as stated above, despite the potential boundary dispute, the applicant has proposed a development plan that would not be affected at all should the questionable lot line be decided in favor of the Collins. HISTORIC LANDMARK DESIGNATION The Applicant is requesting approval from the City Council for a Historic Landmark Designation. Staff finds this structure meets three of the five standards used to review structures in the City of Aspen to be considered for historic landmark designation including 1) Architectural Importance, 2) Neighborhood Importance, and 3) Community Importance. Historic resources are finite and cannot be replaced, making them precious commodities and defining elements of the town's evolution. Historic resources are, in fact, slices of time, preserved to be appreciated and to help a community understand its past This house is a strong example of how a valuable resource can be maintained and preserved with the evolution of a community. (The house is pictured below.) View showing the south far;ade of the house with the non-historic single-story gable roofed form extending off the house. View showing the North and West far;ades of the house. LOT SPLITS PURSUANT TO THE AACP Lot splits were originally designed as a mechanism to control sprawling growth and place residential development where residential development should go. The Aspen Area Community Plan (AACP) specifically supports the notion of the lot split Lot splits are one of the many density incentives and prescribed in the action plan of the AACP as a 3 r, n practice of infill and redevelopment Increasing density in appropriate places, especially in the Aspen residential townsite, can achieve positive results such as providing more incentives to build in town rather than sprawl down valley, make more efficient use of existing City infrastructure / utilities, and foster a disincentive to use the automobile due to the close proximity to the downtown core and free mass transit just to name a few. Specifically, the AACP states: "to allow and encourage greater residential densities within the original Aspen town site; allow easier subdivision of properties in the historic town site and allow for infill development. " page 40 and 49, 2000 AACP Also, as listed as Action Plan number 52, the AACP calls for: "a review of the existing Historic Preservation program to see how well it is working and to maintain and add innovative ways to make preservation work in Aspen, such as the lot split, property tax relief, and to study the impacts of the FAR bonus." Page 56, 2000 AACP Finally, the AACP "encourages returning to higher density development within the city limits where appropriate." (page 39) Staff finds that this site and project promotes this appropriate type of increased density. Staff finds the Applicant meets the required standards of the Land Use Code and recommends City Council approve this request DITCH RELOCATION Currently there is an irrigation ditch running from 5th Street, across the neighboring Collin's property and onto and across the Beck property running in a northeasterly direction. The Applicant has requested the ability to relocate the ditch in order to relocate the Beck house on that portion of the lot The proposed relocation will redirect the ditch to the south behind the relocated house then northward to Gillespie A venue where it currently flows. The Applicant received approval from the Parks Department to conduct the relocation / removal as requested pursuant to a letter provided by the Parks Department The Applicant shall enter into a "Ditch Relocation Agreement" as required by the conditions of this resolution approving this Historic Landmark Lot Split. Staff has attached a Memo from the Parks and Water Departments regarding the ditch relocation. STAFF RECOMMENDATION Staff recommends the City Council approve the requests for 1) Historic Landmark Designation and 2) Historic Landmark Lot Split for 515 West Gillespie Avenue, with the conditions listed in the Ordinance. RECOMMENDED MOTION "I move to approve Ordinance No. 20, Series of200l, approving the requests for the 1) Historic Landmark Designation and 2) Historic Landmark Lot Split for 515 West Gillespie Avenue, with the conditions stated herein." 4 ~ .f A'It' I (\0 I f'l)n / (\ .\.J' ) \~. I ,,~-".. o n MEMORANDUM TO: Mayor and Aspen City Council THRU: Steve Barwick, City Manager Julie Aun Woods, Community D~~opment Director Joyce Ohlson, Deputy Director()/'t'-' Fred Jarman, Planner ck;;- RE: 515 West Gillespie Avenue: Public Hearing (2nd Reading) Historic Landmark Designation and Historic Landmark Lot Split Ordinance No. 20, Series 2001 July 9, 2001 FROM: DATE: SUMMARY OF REQUEST Pamela and Neil Beck (the Applicant), represented by Randall Bone, is requesting approval for Historic Landmark Designation and Historic Landmark Lot Split for the property located at 515 West Gillespie Avenue, City and Townsite of Aspen. ZONING: R-6 (Medium-Density Residential) LOT SIZE: 9,210 square feet BACKGROUND The subject property currently contains a two-story residence (pictured above) that is currently listed on the City's Inventory of Historical Sites and Structures and is situated on a 9,210 square foot lot. The house was built in approximately 1887 and was originally located at 100 West Hopkins Avenue. It is approximately 1,681 square feet in size and is used as a single-family dwelling. The lot also contains a non-contributing garage. STAFF COMMENTS The Applicant is seeking approval from City Council for a Historic Landmark Designation and a Historic Landmark Lot Split for the property located at 515 West Gillespie Avenue. The 9,210 square foot lot, once split, would result in two lots; Lot "A" having 4,639 square feet and Lot "B" having 4,571 square feet. The Applicant subsequently allocates specific FAR to each newly created lot using the allowable duplex FAR for the fathering parcel. The duplex FAR allowed for the fathering parcel is 4,093 square feet which is subsequently split between the two newly created lots: 1,753 sq. ft. to Lot A (which includes a 500 FAR sq. ft. bonus) and 2,840 sq. ft. to Lot B. ..............., -v., VI \; ~o( C) L ;:;-<= ~,,;,"'-, ,-.. It should be noted, that the Applicant recently received a recommendation of approval for the Historic Landmark Designation and Historic Landmark Lot Split from the Historic Preservation Commission and a recommendation of approval for the Historic Landmark Designation from the Planning and Zoning Commission. , "'7 rf'lvl"'i II""" s. N w+, 515 West Gillespie Avenue Lot Split & Landlllarking Request Collin's Property G1U.,ESPIE AVE I:~'~ >- co Cl !l; co Norv.rHSi More importantly, upon additional conference with the City Attorneys, the City of Aspen has no legal authority to hold this development proposal from moving forward to any City Board for land use approvals if the proposal is in no way reliant on the disputed property line. In this case, and as stated above, despite the potential boundary dispute, the applicant has proposed a development plan that would not be affected at all should the questionable lot line be decided i, favor of the Collins. L~ )q ~'IC~' Y tvor,'iH Sr ~ co z ~ " z 2 (""') r"'\ / HISTORIC LANDMARK DESIGNATION The Applicant is requesting approval from the City Council for a Historic Landmark Designation. Staff finds this structure meets three of the five standards used to review structures in the City of Aspen to be considered for historic landmark designation including 1) Architectural Importance, 2) Neighborhood Importance, and 3) Community Importance. Historic resources are finite and cannot be replaced, making them precious commodities and defining elements of the town's evolution. Historic resources are, in fact, slices oftime, preserved to be appreciated and to help a community understand its past. This house is a strong example of how a valuable resource can be maintained and preserved with the evolution of a community. (The house is pictured below.) View showing the south far;ade of the house with the non-historic single-story gable roofed form extending off the house. View showing the North and West far;ades of the house. LOT SPLITS PURSUANT TO THE AACP Lot splits were originally designed as a mechanism to control sprawling growth and place residential development where residential development should go. The Aspen Area Community Plan (AACP) specifically supports the notion of the lot split. Lot splits are one of the many density incentives and prescribed in the action plan of the AACP as a practice of infill and redevelopment. Increasing density in appropriate places, especially in the Aspen residential townsite, can achieve positive results such as providing more incentives to build in town rather than sprawl down valley, make more efficient use of existing City infrastructure / utilities, and foster a disincentive to use the automobile due to the close proximity to the downtown core and free mass transit just to name a few. Specifically, the AACP states: "to allow and encourage greater residential densities within the original Aspen town site; allow easier subdivision of properties in the historic town site and allow for infill development. " 3 r~ n - page 40 and 49, 2000 AACP Also, as listed as Action Plan number 52, the AACP calls for: "a review of the existing Historic Preservation program to see how well it is working and to maintain and add innovative ways to make preservation work in Aspen, such as the lot split, property tax relief, and to study the impacts of the FAR bonus." Page 56, 2000 AACP Finally, the AACP "encourages returning to higher density development within the city limits where appropriate." (page 39) Staff finds that this site and project promotes this appropriate type of increased density. Staff finds the Applicant meets the required standards of the Land Use Code and recommends City Council approve this request. DITCH RELOCATION Currently there is an irrigation ditch running from 5th Street, across the neighboring Collin's property and onto and across the Beck property running in a northeasterly direction. The Applicant has requested the ability to relocate the ditch in order to relocate the Beck house on that portion of the lot. The proposed relocation will redirect the ditch to the south behind the relocated house then northward to Gillespie A venue where it currently flows. The Applicant received approval from the Parks Department to conduct the relocation / removal as requested pursuant to a letter provided by the Parks Department. The Applicant shall enter into a "Ditch Relocation Agreement" as required by the conditions of this resolution approving this Historic Landmark Lot Split. Staff has attached a Memo from the Parks and Water Departments regarding the ditch relocation. STAFF RECOMMENDATION Staff recommends the City Council approve the requests for I) Historic Landmark Designation and 2) Historic Landmark Lot Split for 515 West Gillespie Avenue, with the conditions listed in the Ordinance RECOMMENDED MOTION "I move to approve Ordinance No. 20, Series 2001, approving the requests for the 1) Historic Landmark Designation and 2) Historic Landmark Lot Split for 515 West Gillespie Avenue, with the conditions stated herein." ATTACHMENTS EXHIBIT A - HISTORIC LANDMARK DESIGNATION EXHIBIT B - HISTORIC LANDMARK LOT SPLIT EXHIBIT C - MEMO FROM CITY OF ASPEN WATER DEPARTMENT EXHIBIT D - MEMO FROM CITY OF ASPEN P ARKS DEPARTMENT EXHIBIT E - ApPLICANT'S PLANS 4 rj r"':l EXHIBIT A HISTORIC LANDMARK DESIGNATION STANDARDS Any structure or site that meets two (2) or more of the following standards may be designated as an historic landmark. A. Historical imoortance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff Finding In general, this structure is indicative of an upper middle class lifestyle during the late 1800's silver mining era. It is expressive of the materials, methods, and style of the period. Specifically, neither Staff nor the Applicant has any knowledge of any specific significant historical events or persons associated with this structure. It should not be dismissed that the Beck Family, who are the current owners, are also the same family that originally built the structure in 1887 (by Neil Beck's grandfather) and the family has continuously resided in the house until this time. There are not too many unique situations such as this in Aspen, although this does not qualify as meeting the standard. B. Architectural imoortance. Based on the building form, use, or specimen, the structure or site reflects an architectural style that is unique, distinct, or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type. Staff Fhiding Staff finds that the 515 West Gillespie structure, built in approximately 1887, originally located at 1 00 West Hopkins and subsequently moved in 1971 to its current location, is an excellent 114-year-old example of Aspen's traditional Victorian Era architecture from before the turn of the century. Even though the house has been relocated, it has maintained its original form with the exception of a very minor single story shed detail on the rear of the house not seen from the street. A specific defining element of this architecture style includes a distinct roof form called the gable- end. This house style typically has a rectangular "T" shape plan with a gable roof with the ridge running perpendicular to the street as well as a cross gable form running parallel to the street. Most houses of this architectural type, as this house does, have a porch on the gabled end and a smaller roof is attached to shelter the porch. View of front porch and turned posts. 9 (""\ r"') In Aspen, many of these porches have been closed in and incorporated the space in the interior of the house that compromises the architectural integrity and the original form. This house has not enclosed the porch element that continues to be one of its defining features along with classic turned posts. Most houses of this era specific to Aspen also tend to be wood sided and are 1 to 1 Y:, stories; however this is an example of one which has 2 stories which is uncommon. Another interesting feature includes a small "hip" or "clipped gable" element on the gable roof ends as shown in the photo below. After examining other houses in the neighborhood and throughout the west end, there were virtually no other examples of this interesting architectural treatment. It is because of the aforementioned defining architectural elements, that this structure, which is indicative of an upper middle class lifestyle during the late 1800's silver mining era, is expressive of the materials, methods, and style of the period, and Staff finds this criterion to be met. Photo showing "clipped gab/e"roofforms as we// as bay window details C. Desifmer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. Staff Finding Neither Staff nor the Applicant has any information regarding the architect who designed this home; therefore, Staff finds that this criterion is not met. D. Neiflhborhood character. The structure or site is a significant component of a historically significant neighborhood and the preservation of the structure or site is importantfor the maintenance of that neighborhood character. Staff Finding The structure is located in and is considered a very important historic element of the historic West End of Aspen that gains its character from the prominence of historic homes such as the subject home at 515 West Gillespie Avenue. It is immediately located among other houses on the same half block fronting Gillespie Avenue that are more contemporary in nature that make this structure even more prominent as an important and historically distinct neighborhood structure. (See photos on the following page.) 10 f) (') _'.",<<'-C . Resld~;;ce to the east. Residence to the west. In the blocks that surround 515 West Gillespie, one finds a wide variety of house styles, ages, sizes, and so on. The preservation effort sought by the Applicant through this application will continue to allow this structure to add considerable value not only to the specific block but also to the traditional West End neighborhood. When viewed in context of the surrounding blocks, there are ten houses currently listed on Aspen's Inventory of Historic Sites and Structures; three of those structures maintain landmark status. This structure at 515 West Gillespie Ave. is clearly a neighborhood- defining element that is complementary of the other three landmarked houses. Moreover, it is one of the better examples of Aspen's historic past due to its uncompromised form and detailing which is an asset to Aspen's historic West End. Staff finds this criterion to be met. E. Communitv character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or architectural importance. Staff Finding: In a similar perspective of neighborhood character, Staff finds that the 515 West Gillespie single-family home is a very appropriate site for preservation as it is already established as a home on the inventory and is an important and defining historical element in Aspen's Historic West End neighborhood as it relates to and adds to community character. The City of Aspen takes great pride in the fact that it has been able to preserve a great deal of its past so that future generations will be able to actually see the evolution of this small mountain town into what it is today. This structure is an important and original slice of time showcasing an example of an upper middle class lifestyle during the late 1800's silver mining era and is expressive of the materials, methods, and style of the period. ""r'" This structure and site .is- important because of its relationship to the existing neighborhood and other similar homes in terms of size, location, and architecture. Given that this unique two-story Victorian Era gable-end home is in excellent condition and remains as an excellent example of Aspen's 19th century Late Victorian Age homes, it is a "city wide" resource that should not be lost to demolition but rather preserved as a historic structure. Ess~ntially, there are a few homes in Aspen that have remained fairly 11 I"") (') true to original form with little modification to them. This house is one of the few that has maintained a true original form and design in its architectural elements defining its period of origination. This house is considered among the handful of very strong examples of Aspen's historic past. Staff finds this criterion to be met. 12 A '''i EXHIBIT B HISTORIC LANDMARK LOT SPLIT The Applicant is requesting approval from the City Council for the ability to conduct a Historic Landmark Lot Split. In order to conduct a Historic Landmark Lot Split, (for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977), the Applicant shall meet the following requirements of the Aspen Land Use Code: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The parcel, Lots 4,5, and 6, has not been previously subdivided since March 24, 1969. Staff finds this criterion to be met. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26. 1 00. 040(A)(1)(c). Staff Finding: Two lots are created as a result of the lot split - Lots A and B. An Accessory Dwelling Unit (ADU), cash-in-lieu payment, or deed restriction on any new residence will be required for a proposed house on Lot B. An ADU or cash-in-lieu payment will be required on Lot A if more than 50% of the existing single-family house is demolished. Staff finds this criterion to be met. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: Staff finds that the lot in question was not the subject of a subdivision exemption under the provisions of this chapter or "lot split" exemption. Staff finds this criterion to be met. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. 13 r'\ n Staff Finding: The Applicant agrees to file a Subdivision Plat, that meets the terms of this chapter, conforms to the requirements of this title, and responds precisely to the conditions in the Ordinance drafted herein. This Subdivision Plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to Chapter and growth management allocations. Staff finds this criterion to be met. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The Applicant agrees that the plat and subdivision exemption agreement shall meet the timing requirements for recordation. Failure on the part of the Applicant to record the plat within one hundred eighty (180) days, following approval by the City Council, shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff finds this criterion to be met. j) In the case where an existing $ingle-jamily dwelling occupies a site, which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: The existing dwelling will not be demolished and will be preserved as a landmark. Staff finds this criterion to be met. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-jamily home. Staff Finding: The Applicant agrees that the maximum potential build-out for the two (2) parcels created by this lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff finds this criterion to be met. SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT. The Historic Landmark Lot Split shall meet the requirements of Section 26.88.030(A)(2), Section 26.100.050(A)(2)(e), Section 26.72.0l0(G) of the Land Use Code, and the following standards: 14 -. f' .:) (') a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. Staff Finding: The fathering / original parcel is 9,210 sq. ft in size and is located in the R-6 zone district. Staff finds this criterion to be met. b) The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: The duplex FAR which would have been allowed for the fathering parcel is 4,093 uare feet (not including the 500 square feet FAR bonus.) The applicant has for requested the FAR bonus award from the Historic Preservation Commission to allocate appropriate FAR to Lot A which would contain the relocated historic structure. The FAR to be split between the two newly created lots (including the 500 sq. ft. bonus) is 4,593 sq. ft. in total. The applicant wishes to appropriate this FAR in the following manner: Lot "A" as having 1,753 sq. ft. and Lot "B" as having 2,840 sq. ft. Further, these lot sizes and floor areas shall be indicated on the plat as a condition of approval once requested. Staff finds this criterion to be met. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: The newly created Lot A will contain the historic structure moved from Lot B. The applicant is requesting a historic landmark designation for the entire fathering parcel. Any future development shall meet all dimensional requirements of the underlying R-6 zone district. Staff finds this criterion to be met. GMQS EXEMPTION, HISTORIC LANDMARK LOT SPLIT The construction of each new single-family dwelling on a lot created through a Historic Landmark Lot Split pursuant to Section 26.480.030(E). This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall only apply if the standards of Section 26.470.070(B)(I) or (2), as applicable, are met. Staff Finding: Staff finds that this exemption for the construction of each new single-family dwelling on a lot created through a Historic Landmark Lot Split shall not be deducted from the respective annual development allotments established oursuant to Section 26.470.050 or f 15 .r A ~ from the Aspen Metro Area development ceilings. Any development of Lot "B" shall be required to mitigate for affordable housing pursuant to Section 26.470.060(B)(I) of the Municipal Code and shall be reflected in a plat note. 16 1"""\ (") EXHIBIT C MEMORANDUM To: Fred Jarman From: Phil Overynder Date: June 22, 2001 Fred, This memo is to acknowledge that the Water Department has received the proposal for relocation ofa lateral ofthe Si Johnson Ditch at 515 Gillespie. The proposed ditch location shown on the drawing is acceptable to the Aspen Water Department. I recommend that the lot split approval be conditioned on the execution of a ditch relocation agreement between the City and the lot owner. The City's water counsel, Cindy Covell, is drafting the terms of a proposed ditch relocation agreement, which will incorporate the proposed ditch location and specify the width of the easement area. I believe that it would be acceptable for the ditch agreement to be finalized following City Council approval but prior to recordation the plat. The ditch relocation agreement should be a recorded document running with the land. Please feel free to contact me at x51ll if you have any questions. Phil Overeynder Water Director 17 I' ~ . "") , -, E X~ibi t j) t""') r) MEMORANDUM TO: FROM: DATE: RE: ROW Tom Rubel Parks Field Supervisor 11/27/00 515 Gillespie ditch modification The applicant's representative stated that the ditch running through 515 Gillespie will be moved when the house is remodeled. They are going to move the ditch per the attached plan and add no landscaping or rocks to the ditch. This is acceptable to the Parks Department. :tL dLP Thomas A. Rubel City of Aspen Parks Dept. 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The proposed ditch location shown on the drawing is acceptable to the Aspen Water Department. I recommend that the lot split approval be conditioned on the execution of a ditch relocation agreement between the City and the lot owner. The City's water counsel, Cindy Covell, is drafting the terms of a proposed ditch relocation agreement, which will incorporate the proposed ditch location and specify the width of the easement area. I believe that it would be acceptable for the ditch agreement to be finalized following City Council approval but prior to recordation the plat. The ditch relocation agreement should be a recorded document running with the land. Please feel free to contact me at x5lll if you have any questions. Phil Overeynder Water Director 17 .' -, ~ E X~;b, t -.D ~ .j MEMdRANl:>UM TO: FROM: DATE: RE: ROW Tom Rubel Parks Field Supervisor 11/27/00 515 Gillespie ditch modification The applicant's representative stated that the ditch running through 515 Gillespie will be moved when the house is remodeled. They are going to move the ditch per the attached plan and add no landscaping or rocks to the ditch. This is acceptable to the Parks Department. :?L dJJ Thomas A. Rubel City of Aspen Parks Dept. Field Supervisor # t""\ ''1 )> r r rn '" ~ ~ ~ ~ 8 Q 65 B q g "II ~:1 I"" " -l \II -l 2 ~ 0 g~ ~ > a M:~ o15S o~ mOc m li "1i ~ ~ tli il< ~_'"'~ ro>Rj -I 5 -l-l :z;or: :Si is il:"~ I""l'"' (S 590 iil g ~~ I /- og 1Hl ~~ g~ ' ~ -- -i-o- -1- '~~'-- -~,..-- - -- -- -- -- -- -- -- - - --1- --:;::->'---,1 p~~~~ ~~ ~ ~~~.: - -=- - -- -- -- ~- ~- L -~ --"-r.r"~ H._<.> -- -- -- -- -- - -- - -- --~01 \\'<::--, -t, - -- -- -- -- -- -- -- -- -- -- 1 --'~~'"', -- -- i I II ""', -- , ' - I . 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I II I II I II I ~~ 00 I II -, II I II I II I II I ~~~~~...J ~ ~ I ~I~ ~jlI g p ~~ ~!: 0' ~~ ~ ~I~ - 0 o l ~I~ . . > ~ j~ (""\ < " rn ~9 ~ . . 0 ~ ~ ~ 0 l ~; "' ~ ~ I~ ~> t o -.--.0 o o " l" . ~ ~I~ 010 o ~ <IIi < ~ rn ~ ~ ~ ,-< W r i , ~ , G g<~ ~ w <~ , ~ a ]'::jS! . ~ ~~~ . F -- ___.___n.._._." . -@ ~_L.___.._..~~__.~ . r ,- .--- -===1=-- - J:C~=~--::~:=:=.,.' .----.--....+. .-----."-==-- =:.....::::1... . r-" f") TO: MEMORANDUM Mayor and Aspen City Council THRU: Steve Barwick, City Manager Julie Aun Woods, Community Development Director Joyce Ohlson, Deputy Director Fred Jarman, Planner (-:t: 515 West Gillespie Avenue: Historic Landmark Designation and Historic Landmark Lot Split (First Reading) June 25, 2001 FROM: RE: DATE: SUMMARY OF REQUEST Pamela and Neil Beck (the Applicant), represented by Randall Bone, is requesting approval for Historic Landmark Designation and Historic Landmark Lot Split for the property located at 515 West Gillespie Avenue, City and Townsite of Aspen. ZONING: R-6 (Medium-Density Residential) LOT SIZE: 9,210 square feet BACKGROUND The subject property currently contains a two-story residence (pictured above) that is currently listed on the City's Inventory of Historical Sites and Structures and is situated on a 9,210 square foot lot. The house was built in approximately 1887 and was originally located at 100 West Hopkins Avenue. It is approximately 1,681 square feet in size and is used as a single-family dwelling, The lot also contains a non-contributing garage. STAFF COMMENTS The Applicant is seeking approval from City Council for a Historic Landmark Designation and a Historic Landmark Lot Split for the property located at 515 West Gillespie Avenue, The 9,210 square foot lot, once split, would result in two lots; Lot "A" having 4,639 square feet and Lot "B" having 4,571 square feet. The Applicant subsequently allocates specific FAR to each newly created lot using the allowable duplex FAR for the fathering parcel. The duplex FAR allowed for the fathering parcel is 4,093 square feet which is subsequently split between the two newly created lots: 1,753 sq. ft. to Lot A (which includes a 500 FAR sq. ft. bonus) and 2,840 sq. ft. to Lot B. ~ (') It should be noted, that the Applicant recently received a recommendation of approval for the Historic Landmark Designation and Historic Landmark Lot Split from the Historic Preservation Commission and a recommendation of approval for the Historic Landmark Designation from the Planning and Zoning Commission. ~ N w.' 515 West Gillespie Avenue Lot Split & Landmarking Request Collin's Property GJU.,f.,SPIE AVE I::"~ PEARL CT No ff.rr1'':>7" ~ W I ~ ~ z >. W o Il> '" BOUNDARY DISPUTE It should be noted, that an adjacent neighboring property owner to the west of the Beck's property (the subject property), a Mr. And Mrs, Collins, questioned the accuracy of the lot line separating the two properties. This has remained an outstanding issue regarding this proposed development. Despite the potential alleged boundary dispute, the applicant has proposed a development plan that would not be affected at all should the questionable lot line be decided in favor of the Collins, More importantly, upon additional conference with the City Attorneys, the City of Aspen has no legal authority to hold this development proposal from moving forward to any City Board for land use approvals if the proposal is in no way reliant on the disputed property line. In this case, and as stated above, despite the potential boundary dispute, the applicant has proposed a development plan that would not be affected at all should the questionable lot line be decided in favor of the Collins. 2 r\ ~ HISTORIC LANDMARK DESIGNATION The Applicant is requesting approval from the City Council for a Historic Landmark Designation. Staff finds this structure meets three of the five standards used to review structures in the City of Aspen to be considered for historic landmark designation including 1) Architectural Importance, 2) Neighborhood Importance, and 3) Community Importance. Historic resources are finite and cannot be replaced, making them precious commodities and defining elements ofthe town's evolution. Historic resources are, in fact, slices oftime, preserved to be appreciated and to help a community understand its past. This house is a strong example of how a valuable resource can be maintained and preserved with the evolution of a community. (The house is pictured below.) View showing the south far;ade of the house with the non-historic single-story gable roofed form extending off the house. View showing the North and West far;ades of the house. LOT SPLITS PURSUANT TO THE AACP Lot splits were originally designed as a mechanism to control sprawling growth and place residential development where residential development should go, The Aspen Area Community Plan (AACP) specifically supports the notion of the lot split. Lot splits are one of the many density incentives and prescribed in the action plan of the AACP as a practice of infill and redevelopment. Increasing density in appropriate places, especially in the Aspen residential townsite, can achieve positive results such as providing more incentives to build in town rather than sprawl down valley, make more efficient use of existing City infrastructure / utilities, and foster a disincentive to use the automobile due to the close proximity to the downtown core and free mass transit just to name a few. Specifically, the AACP states: "to allow and encourage greater residential densities within the original Aspen town site; allow easier subdivision of properties in the historic town site and allow for infill development. " 3 (""\ (') page 40 and 49, 2000 AACP Also, as listed as Action Plan number 52, the AACP calls for: "a review of the existing Historic Preservation program to see how well it is working and to maintain and add innovative ways to make preservation work in Aspen, such as the lot split, property tax relief, and to study the impacts of the FAR bonus. " Page 56, 2000 AACP Finally, the AACP "encourages returning to higher density development within the city limits where appropriate." (page 39) Staff finds that this site and project promotes this appropriate type of increased density. Staff finds the Applicant meets the required standards of the Land Use Code and recommends City Council approve this request. DITCH RELOCATION Currently there is an irrigation ditch ruuning from 5th Street, across the neighboring Collin's property and onto and across the Beck property running in a northeasterly direction. The Applicant has requested the ability to relocate the ditch in order to relocate the Beck house on that portion ofthe lot. The proposed relocation will redirect the ditch to the south behind the relocated house then northward to Gillespie A venue where it currently flows. The Applicant received approval from the Parks Department to conduct the relocation / removal as requested pursuant to a letter provided by the Parks Department. The Applicant shall enter into a "Ditch Relocation Agreement" as required by the conditions of this resolution approving this Historic Landmark Lot Split. STAFF RECOMMENDA nON Staff recommends the City Council approve the requests for 1) Historic Landmark Designation and 2) Historic Landmark Lot Split for 515 West Gillespie Avenue, with the following conditions: 1, That the Applicant shall submit a Subdivision Plat and Subdivision Exemption Agreement that shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause; 2. That the submitted Subdivision Plat shall contain a note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; 3. That the submitted Subdivision Plat shall contain a note stating that all new development on the lots will conform to the dimensional requirements of the R-6 4 '-', n zone district and residential design standards with the potential exception for variances to be approved by the HPC; 4. That future development on Lot B shall require compliance with the City of Aspen's Affordable Housing Guidelines and Land Use Code regarding mitigation for providing affordable housing; 5. That Lots "A" and "B" are designated historic landmarks and must receive Historic Preservation Commission approval for all development in accordance with Section 26.415 of the Municipal Code, as well at Section 26.410, the "Residential Design Standards;" 6. That the Applicant shall sign a sidewalk, curb and gutter construction agreement and pay the applicable recording fees prior to issuance of a Certificate of Occupancy on either lot; 7, That the City COUI1Cil herein and pursuant to this Ordinance, grants the Applicant approval to allocate the FAR to be split between the two newly created lots (including the 500 sq, ft. bonus) to be 4,093 sq. ft, in total. The Applicant shall appropriate this FAR in the following manner: Lot "A" as having 1,753 sq. ft, and Lot "B" as having 2,840 sq. ft. prior to consideration of potentially applicable lot area reductions (i.e" slopes, access easements, etc.). Further, these lot sizes and floor areas shall be indicated on the final plat that is recorded in the Pitkin County Clerk and Recorder's Office; 8. That the Applicant shall record a final plat indicating the approvals in this resolution as they have been represented to the Historic Preservation Commission. In addition, if the westerly lot line dispute between the Collins and the owners of the property known as Lot A of the Beck Lot Split (Lots 4, 5, and 6, Block 99, Hallam Addition, City and Townsite of Aspen), has not been resolved prior to the recording of said plat, the applicant shall record a plat showing both lines in dispute and a note on the plat indicating the two lot lines in question and that once the dispute is resolved, the applicant shall file a new plat indicating the resulting resolution; 9, That the Applicant shall be required to enter into a "Ditch Relocation Agreement" with the City of Aspen and that said agreement be a recorded document with the Pitkin County Clerk and Recorder's Office. That the City of Aspen, at it's sole discretion, has the option of moving the ditch off the property at a future date and would have no obligation to compensate the landowner(s) in any way. Specifically, the Ditch Relocation Agreement should reference the plans that are approved and provide for an easement a minimum of 10 feet in width and said agreement shall specifically state that the landowners have no water rights in the ditch nor is any license being granted for use of water from the ditch. This agreement shall also be recorded on the Subdivision Plat and referenced in the Subdivision Exemption Agreement; 5 r"\ . , f"l , 1 10. That the Community Development Department shall adjust Aspen's Inventory of Historic Sites and Structures to include the subject property at 515 West Gillespie Avenue, Lots 4, 5, and 6 of the Hallam Addition to be designated as a historic landmark. RECOMMENDED MOTION "I move to approve Ordinance No ~ Series 2001, approving the requests for the 1) Historic Landmark Designation and 2) Historic Landmark Lot Split for 515 West Gillespie A venue, with the conditions stated herein." ATTACHMENTS EXHIBIT A - HISTORIC LANDMARK DESIGNATION EXHIBIT B - HISTORIC LANDMARK LOT SPLIT EXHIBIT C - ApPLICATION , I I , ~ 6 rJ. n EXHIBIT A HISTORIC LANDMARK DESIGNATION STANDARDS Any structure or site that meets two (2) or more of the following standards may be designated as an historic landmark. A. Historical imoortance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff Finding In general, this structure is indicative of an upper middle class lifestyle during the late 1800' s silver mining era, It is expressive of the materials, methods, and style of the period. Specifically, neither Staff nor the Applicant has any knowledge of any specific significant historical events or persons associated with this structure. It should not be dismissed that the Beck Family, who are the current owners, are also the same family that originally built the structure in 1887 (by Neil Beck's grandfather) and the family has continuously resided in the house until this time. There are not too many unique situations such as this in Aspen, although this does not qualify as meeting the standard. B. Architectural imoortance. Based on the building form, use, or specimen, the structure or site reflects an architectural style that is unique, distinct, or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type. Staff Finding Staff finds that the 515 West Gillespie structure, built in approximately 1887, originally located at 100 West Hopkins and subsequently moved in 1971 to its current location, is an excellent 1l4-year-old example of Aspen's traditional Victorian Era architecture from before the turn of the century. Even though the house has been relocated, it has maintained its original form with the exception of a very minor single story shed detail on the rear of the house not seen from the street. A specific defining element of this architecture style includes a distinct roof form called the gable- end, This house style typically has a rectangular "T" shape plan with a gable roof with the ridge running perpendicular to the street as well as a cross gable form running parallel to the street. Most houses of this architectural type, as this house does, have a porch on the gabled end and a smaller roof is attached to shelter the porch. 11 ! f""\ (') In Aspen, many of these porches have been closed in and incorporated the space in the interior of the house that compromises the architectural integrity and the original form. This house has not enclosed the porch element that continues to be one of its defining features along with classic turned posts. Most houses of this era specific to Aspen also tend to be wood sided and are 1 to 1 Y, stories; however this is an example of one which has 2 stories which is uncommon. Another interesting feature includes a small "hip" or "clipped gable" element on the gable roof ends as shown in the photo below. After examining other houses in the neighborhood and throughout the west end, there were virtually no other examples of this interesting architectural treatment. It is because of the aforementioned defining architectural elements, that this structure, which is indicative of an upper middle class lifestyle during the late 1800's silver mining era, is expressive of the materials, methods, and style of the period, and Staff finds this criterion to be met. Photo showing "clipped gable"roofforms as well as bay window details C. DesiJmer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. Staff Finding Neither Staff nor the Applicant has any information regarding the architect who designed this home; therefore, Staff finds that this criterion is not met. D. Neiflhborhood character. The structure or site is a significant component of a historically significant neighborhood and the preservation of the structure or site is importantfor the maintenance of that neighborhood character. Staff Finding The structure is located in and is considered a very important historic element of the historic West End of Aspen that gains its character from the prominence of historic homes such as the subject home at 515 West Gillespie Avenue. It is immediately located among other houses on the same half block fronting Gillespie A venue that are more contemporary in nature that make this structure even more prominent as an important and historically distinct neighborhood structure, (See photos on the following page.) 12 i;; r'i , n ,~~(;>~"^'.'" ::<''',':.....:':,',' ;', ',>.. '):":""i':,;" Residence to the east. Residence to the west. In the blocks that surround 515 West Gillespie, one finds a wide variety of house styles, ages, sizes, and so on. The preservation effort sought by the Applicant through this application will continue to allow this structure to add considerable value not only to the specific block but also to the traditional West End neighborhood. When viewed in context of the surrounding blocks, there are ten houses currently listed on Aspen's Inventory of Historic Sites and Structures; three of those structures maintain landmark status. This structure at 515 West Gillespie Ave, is clearly a neighborhood- defining element that is complementary of the other three landmarked houses. Moreover, it is one of the better examples of Aspen's historic past due to its uncompromised form and detailing which is an asset to Aspen's historic West End. Staff finds this criterion to be met. E. Communitv character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or architectural importance. Staff Finding: In a similar perspective of neighborhood character, Staff finds that the 515 West Gillespie single-family home is a very appropriate site for preservation as it is already established as a home on the inventory and is an important and defining historical element in Aspen's Historic West End neighborhood as it relates to and adds to community character. The City of Aspen takes great pride in the fact that it has been able to preserve a great deal of its past so that future generations will be able to actually see the evolution of this small mountain town into what it is today, This structure is an important and original slice of time showcasing an example of an upper middle class lifestyle during the late 1800's silver mining era and is expressive of the materials, methods, and style of the period. This structure and site is important because of its relationship to the existing neighborhood and other similar homes in terms of size, location, and architecture. Given that this unique two-story Victorian Era gable-end home is in excellent condition and remains as an excellent example of Aspen's 19th century Late Victorian Age homes, it is a "city wide" resource that should not be lost to demolition but rather preserved as a historic structure. Essentially, there are a few homes in Aspen that have remained fairly 13 ".." ~ true to original form with little modification to them, This house is one of the few that has maintained a true original form and design in its architectural elements defining its period of origination. This house is considered among the handful of very strong examples of Aspen's historic past. Staff finds this criterion to be met. 14 , --..- ~ " .'1 A EXHIBIT B HISTORIC LANDMARK LOT SPLIT The Applicant is requesting approval from the City Council for the ability to conduct a Historic Landmark Lot Split, In order to conduct a Historic Landmark Lot Split, (for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977), the Applicant shall meet the following requirements of the Aspen Land Use Code: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The parcel, Lots 4, 5, and 6, has not been previously subdivided since March 24, 1969. Staff finds this criterion to be met. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). Staff Finding: Two lots are created as a result of the lot split - Lots A and B. An Accessory Dwelling Unit (ADU), cash-in-lieu payment, or deed restriction on any new residence will be required for a proposed house on Lot B. An ADU or cash-in-lieu payment will be required on Lot A if more than 50% of the existing single-family house is demolished. Staff finds this criterion to be met. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: Staff finds that the lot in question was not the subject of a subdivision exemption under the provisions ofthis chapter or "lot split" exemption. Staff finds this criterion to be met. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. 15 t I""; n ,'. "/ Staff Finding: The Applicant agrees to file a Subdivision Plat, that meets the terms of this chapter, conforms to the requirements of this title, and responds precisely to the conditions in the Ordinance drafted herein, This Subdivision Plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to Chapter and growth management allocations. Staff finds this criterion to be met. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The Applicant agrees that the plat and subdivision exemption agreement shall meet the timing requirements for recordation. Failure on the part of the Applicant to record the plat within one hundred eighty (180) days, following approval by the City Council, shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff finds this criterion to be met. 1) In the case where an existing single-:family dwelling occupies a site, which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: The existing dwelling will not be demolished and will be preserved as a landmark. Staff finds this criterion to be met. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-:family home. Staff Finding: The Applicant agrees that the maximum Pbtential build-out for the two (2) parcels created by this lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff finds this criterion to be met. SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The Historic Landmark Lot Split shall meet the requirements of Section 26.88.030(A)(2), Section 26.100.050(A)(2)(e), Section 26.72.010(G) of the Land Use Code, and the following standards: 16 (') n a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. Staff Finding: The fathering / original parcel is 9,210 sq. ft in size and is located in the R-6 zone district. Staff finds this criterion to be met. b) The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: The duplex FAR which would have been allowed for the fathering parcel is 4,093 square feet (not including the 500 square feet FAR bonus.) The applicant has formally requested the FAR bonus award from the Historic Preservation Commission to allocate appropriate FAR to Lot A which would contain the relocated historic structure. The FAR to be split between the two newly created lots (including the 500 sq, ft. bonus) is 4,593 sq, ft. in total. The applicant wishes to appropriate this FAR in the following manner: Lot "A" as having 1,753 sq. ft, and Lot "B" as having 2,840 sq. ft. Further, these lot sizes and floor areas shall be indicated on the plat as a condition of approval once requested. Staff finds this criterion to be met. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: The newly created Lot A will contain the historic structure moved from Lot B. The applicant is requesting a historic landmark designation for the entire fathering parcel. Any future development shall meet all dimensional requirements of the underlying R-6 zone district. Staff finds this criterion to be met. GMQS EXEMPTION, HISTORIC LANDMARK LOT SPLIT The construction of each new single-family dwelling on a lot created through a Historic Landmark Lot Split pursuant to Section 26.480,030(E). This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470,050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470,030, Exemption review is by the Community Development Director. This exemption shall only apply if the standards of Section 26.470.070(B)(1) or (2), as applicable, are met. Staff Finding: Staff finds that this exemption for the construction of each new single-family dwelling on a lot created through a Historic Landmark Lot Split shall not be deducted from the respective annual development allotments established pursuant to Section 26.470,050 or 17 r-.. n from the Aspen Metro Area development ceilings. Any development of Lot "B" shall be required to mitigate for affordable housing pursuant to Section 26.470,060(B)(l) of the Municipal Code and shall be reflected in a plat note, 18 , , ~ .., .'" TO: THR,Ui FROM: RE: DATE: '--........ - /""""; ...~-,,/ MEMORANDUM Aspen Historic Preservation Commission Joyce Ohlson, COllliiiunity Development Deputy Director Fred Jarman, Planner 515 West Gillespie Street - Significant Conceptual Review / PUBLIC HEARING (Continued from May 23rd, 2001) June 13,2001 ~ I 1m II GILLESPIE AVE ! ~ " . z "'O~"r!t!Ir SUMMARY OF REQUEST The applicant is requesting Conceptual Review for the following land use approvals for a property located at 515 West Gillespie Avenue, City and Townsite of Aspen. I. Historic Landmark Designation 2. Historic Landmark Lot Split 3. Partial Demolition 4. Relocation 5. 500 sq. ft. FAR bonus BACKGROUND The subject property currently contains a two-story residence (pictured on front) that is listed on the City's Inventory of Historical Sites and Structures and is situated on a 9,210 square foot lot. The house was built in approximately 1887 and was originally located at 1 00 West Hopkins A venue. It is approximately 1,681 square feet in size and is used as a single-family dwelling located in the R-6 Zone District. The lot also contains a non- contributing garage that is not listed on the inventory. f"'\ ,/>--"'\ n,','.f.../, ":PI <- '4m.' e,)o t "-: \~~ / ..,/ STAFF COMMENTS The applicant requests a historic landmark lot split that would resu t in two lots; Lot "A" having 4,639 square feet and Lot "B" having 4,571 square feet. F her, the applicant allocates specific FAR to each newly created lot using the allowa1'le duplex FAR for the fathering parceL The duplex FAR allowed for the fathering parcel' s 4,093 square feet which is subsequently split between the two newly created lots: 1; 93 sq. ft. to Lot A (which includes a 500 FAR sq. ft. bonus) and 2,840 sq. ft. to Lot B. The applicant has also formally requested for the FAR bonus of 500 sq. ft., which may be awarded by the HPC if a project is considered as having significant merit. PROPOSAL MODIFICATIONS The development proposal currently before the Historic Preservation Commission has included several changes from the last continued public hearing held on May 23rd, 2001 as a result of a necessary correction to the floor area calculation allocated to each lot. Specifically, these changes include the following: 1) A straight lot split resulting in two lots; Lot "A" having 4,639 square feet and Lot "B" having 4,571 square feet. The FAR is subsequently split between the two newly created lots: 1,753 sq. ft. to Lot A (which includes a 500 FAR sq. ft. bonus) and 2,840 sq. ft. to Lot B. 2) The Appli~ant has mQyeu anu redesigned the garage on the leaf of Lot A off the alley to the east side of the lot away from the Collins' property and provided an additional parking space. The garage redesign includes a stairway on the east fa<;:ade of the garage providing access down to the mechanical room. 3) No changes have been made to the historic resource since the last set of drawings. The current proposal in attached to this memorandum. HISTORIC LANDMARK LOT SPLIT To date, the applicant has worked with the HPC in the form of a site visit, a Worksession, and four previous public hearings related to this request for conceptual appr9Y~!. The applicant has adjusted the lot sizes so that they have become smaller than 6,000 square feet, thereby eliminating the ability to request the Conditional Use request to place two single-family dwellings on a 6,000 sq. ft. However, both Lot A and Lot B will remain under the purview of the Historic Preservation Commission for any future development proposals. LOT SPLITS PURSUANT TO THE AACP Lot splits were originally designed as a mechanism to control sprawling growth and place residential development where residential development should go. The Aspen Area Community Plan (AACP) specifically supports the notion of the lot split. Lot splits are one of the many density incentives and prescribed in the action plan of the AACP as a practice of infill and redevelopment. Increasing density in appropriate places, especially in a residential townsite such as Aspen, can achieve positive results such as providing 2 1"'\ rj more incentives to build in town rather than sprawl down valley, make more efficient use of existing City infrastructure / utilities, and foster a disincentive to use the automobile due to the close proximity to the downtown core and free mass transit just to name a few. Specifically, this action plan calls for possible amendments to the Code: "to allow and encourage greater residential densities within the original Aspen town site; allow easier subdivision of properties in the historic town site and allow for infill development. " page 40 and 49, 2000 AACP Also, as listed as Adion Plan number 52, the AACP calls for: "a review of the existing Historic Preservation program to see how well it is working and to maintain and add innovative ways to make preservation work in Aspen, such as the lot split, property tax relief, and to study the impacts of the FAR bonus." Page 56, 2000 AACP Finally, the AACP "encourages returning to higher density development within the city limits where appropriate." (page 39) Staff finds that this site and project promotes this appropriate type of increased density. FAR BONUS REQUEST The Applicant is requesting a 500 sq. ft. Floor Area Bonus to be placed on Lot A with the relocated historic structure. According to the Historic Preservation Design Guidelines, historic resources are finite and cannot be replaced, making them precious commodities and defining elements of a town's evolution. Historic resources are, in fact, slices in time, preserved to be appreciated and to help a community understand its past. This project is a strong example of how a valuable resource can be maintained and preserved with the evolution of a community. The recently adopted Historic Preservation Design Guidelines discuss specific examples / reasons that the HPC would award a project with aFAR Bonus. These include, but are not limited to: )> When the parcel is larger than 9,000 square feet. )> When it is used to create a historic landmark lot split. )> When the project shows an outstanding effort to preserve or restore the historic structure. -Page 2,Historic Preservation Design Guidelines In addressing the examples stated above, Staff finds that the subject lot is larger than 9,000 square feet and the applicant is proposing a historic landmark designation in order to conduct a historic landmark lot split. Moreover, Staff strongly believes that this project demonstrates an outstanding preservation effort for several important reasons. 3 1"'\ ^ \; 'J First, the applicant is proposing to relocate the resource onto a portion of the lot that will continue to promote the prominence of the resource. Second, some of redevelopment proposals for historic resources, which make their way to the HPC, have included rather large additions that obscure and mute the importance of the resource. The most recent of these HPC cases that received Final Approval and a 500 square foot FAR bonus was that of the "513 West Smuggler" project designed by Harry Teague. In that case, a very large and contemporary addition was approved less than a month ago before the HPC and granted a 500 sq. ft. FAR bonus. In this light regarding the size and style of that addition, the applicant has taken a very Sl'Onsitive approach to the historic resource and is not requesting to place a large addition onto the resource as typically seen with many other "additions" which have occurred to some of Aspen's historic resources in the past. As a result of this approach, the applicant is proposing a very modest single-story addition to replace a non-historic addition at the very back of the house which meets all of the historic preservation design guidelines regarding additions. Lastly, the applicant is proposing very minor modifications to the rear fayade on the second story, which are consistent with the HPC's direction over the course of the last public hearings and work session. More importantly, these slight modifications to the house will take place on the rear of the fayade thereby unseen from the street. It is for all these reasons that Staff strongly believes this project merits a 500 square foot FAR bonus, DITCH RELOCATION Currently there is an irrigation ditch running from 5th Street, across the Collin's property and onto and across the Beck property running in a northeasterly direction. The Applicant has requested the ability to relocate the ditch in order to relocate the Beck house on that portion of the lot. The proposed relocation will redirect the ditch to the south behind the relocated house then northward to Gillespie Avenue where it currently runs now. The Applicant received approval form the Parks Department to conduct the relocation / removal as requested pursuant to a letter provided by the Parks Department. The Applicant shall enter into a "Ditch Relocation Agreement" as required by the conditions of this resolution approving this Conceptual Development. BOUNDARY DISPUTE During this proposed project, an adjacent neighboring property owner to the west of the Beck's property, a Mr. And Mrs. Collins, questioned the accuracy of the lot line separating the two properties. This has remained an outstanding issue regarding this proposed development. Despite the potential alleged boundary dispute, the applicant has proposed a development plan that would not be affected at all should the questionable lot line be decided in favor of the Collins. More importantly, upon additional conference with the City Attorneys, the City of Aspen has no legal authority to hold this development proposal from moving forward to any 4 t""i f) City Board for iand use approvals if the proposal is in no way reliant on the disputed property line. In this case, and as stated above, despite the potential boundary dispute, the applicant has proposed a development plan that would not be affected at all should the questionable lot line be decided in favor of the Collins, STAFF RECOMMENDATION Staff recommends the HPC approve the requests for 1) partial demolition, 2) relocation 3) the 500 sq. ft. FAR bonus, and 4) recommends City Council approve the Historic Landmark Designation and Historic Landmark Lot Split for 515 West Gillespie Avenue, with the following conditions: 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County clerk and recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause; 2. As a minimum, the subdivision plat shall contain a plat note stating that any development of Lot "B" shall be required to mitigate for affordable housing; 3. As a minimum, the subdivision plat shall contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; 4. As a minimum, the subdivision plat shall contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R -6 zone district and residential design standards with the potential exception for variances to be approved by the HPC; 5. That Lots "A" and "B" are designated historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code, as well at Section 26.410, the "Residential Design Standards;" 6. That the applicant shall verify with the City Zoning Officer the total allowable FAR for each newly created lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot "A" receiving 4,639 square feet of lot area and Lot "B" receiving 4,571 square feet of lot area. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "A" will be 1,753 s.f. (including a 500 square foot floor area bonus) and 2,840 square feet of floor area on Lot "B." The information specific to exact allocated FAR as 5 J f. ,]f;f j~' 1# 1"'1 ~ indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; 7. That the applicant shall provide the Subdivision Exemption Agreement that includes the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E). (The Community development department can provide an example of this agreement to the applicant); 8. That the applicant agrees that prior to issuance of a Certificate of Occupancy on either lot, the applicant shall sign a sidewalk, curb and gutter construction agreement (if applicable) and pay the applicable recording fees; 9. That the HPC herein and pursuant to this Resolution, grants the applicant approval to allocate the FAR to be split between the two newly created lots (including the 500 sq. ft. bonus) to be 4,093 sq. ft. in total. The applicant shall appropriate this FAR in the following manner: Lot "A" as having 1,753 sq. ft. and Lot "B" as having 2,840 sq. ft. prior to consideration of potentially applicable lot area reductions (i.e., slopes, access easements, etc.). Further, these lot sizes and floor areas shall be indicated on the final plat that is recorded in the Pitkin County Clerk and recorder's Office; 10. All information regarding possible future development on newly created Lot B of this lot split shall be removed from the site plan prior to review of the historic lot split by City Council. Only the existing structures, proposed lot lines, and existing vegetation shall be represented; and 11. That the applicant shall record a final plat indicating the approvals in this resolution as they have been represented to the Historic Preservation Commission. In addition, if the westerly lot line dispute between the Collins and the owners of the property known as lot a of the Beck Lot Split of Lots 4, 5, and 6, Block 99, Hallam Addition, City and Townsite of Aspen, has not been resolved prior to the recording of said plat, the applicant shall record a plat showing both lines in dispute and a note on the plat indicating the two lot lines in question and that once the dispute is resolved, the applicant shall file a new plat indicating the resulting resolution; 12. That the applicant shall submit a demolition plan, as part of the building permit plan set, indicating exactly what areas of the historic house are to be removed as part of the renovation; 13. That the applicant shall submit a preservation plan, as part of the building permit plan set, indicating how the existing materials, which are to be retained, will be restored. The requirement is to retain/repair all original materials and 6 A n replicate only those that are determined by HPC staff and monitor to be beyond salvage; 14. That no elements are to be added to the historic house that did not previously exist outside of approval granted by the HPC and no existing exterior materials other than what has been specifically approved herein may be removed without the approval of staff and monitor; 15. That the HPC staff and monitor must approve the type and location of all exterior lighting fixtures; 16. That there shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor; 17. That the preservation plan described above, as well as the conditions of approval will be required to be printed on the cover sheet of the building permit plan set and all other prints made for the purpose of construction; 18. That the applicant shall be required to provide the contractor with copies of the HPC Resolution applicable to this project. The contractor must submit a letter addressed to HPC staff as part of the building permit application indicating that all conditions of approval are known and understood and must meet with the Historic Preservation Officer prior to applying for the building permit; 19. That the General Contractor and/or Superintendent shall be required to obtain a specialty license in historic preservation prior to receiving a building permit; 20. That all representations made by the applicant in the application and during public meetings with the Historic Preservation Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions; 21. That, in the event the chimneys located on the roof of the historic structure, are to be dismantled during the relocation as represented in this application, the applicant agrees that all brick restorations as part of the reassembly shall be reviewed by Staff and Monitor; and 22. That the applicant agrees that any restoration has to comply to the UCBC 1997 version; 23. That the applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction as a requirement of the City of Aspen Streets Department; 7 ^ 1>:1 ~ 24. That the HPC grants a 500 sq. ft. FAR bonus to be allocated to Lot A with the historic house (for a maximum floor area of 1,753 square feet). Lot B will then maintain the balance of the remaining FAR to be 2,840 square feet; 25. That the applicant shall enter into a common water service agreement with the ./ City Water Department for the newly relocated~; 26. That the applicant, prior to Final Review before the HPC, provide the Community Development Department and HPC with a signed agreement , regarding the relocation of the Si Johnson Ditch and any tree relocation / \ mitigation issues with the City of Aspen Parks Department; .,-p t1r:e.~;"""'" f:..~ P/ff)4 27. That the applicant shall comply with the Universal Conservation Building Code (UCBC); \ 28, Bill Baily, a local house mover, originally moved the house to its current location in 1971 from 100 West Hopkins Street. He has recently restudied the house and found that the house can be moved without any damage to the structure. However, The applicant, as a condition of approval, and prior to the application of building permits, shall be required to post a bond of $30,000 or other financial security approved by the HPC with the engineering department to ensure safe relocation of the structure; :--- 29. That the Applicant be required to enter into a "Ditch Relocation Agreement" with the City of Aspen and that said agreement be a recorded document with the Pitkin County Clerk and recorder's Office thereby representing a burden running with the land. The Applicant should contact the Phil Overynder at the Water Department for a copy of this agreement. Specifically, the Ditch Relocation Agreement should reference the plans that are approved and provide for an easement a minimum of 10 feet in width which shall also be recorded on the Plat and Subdivision Exemption Agreement; and ~ 30. That the Applicant shall enter into a "Ditch Relocation Agreement" with the City of Aspen and said agreement shall indicate that the City of Aspen, at it's sole discretion, has the option of moving the ditch off the property at a future date and would have no obligation to compensate the landowner(s) in any way. Said agreement shall specifically state that the landowners have no water rights in the ditch nor is any license being granted for use of water from the ditch. Finally, said agreement shall state that the landowners agree to comply with all City water policies including the policy that the City of Aspen is the exclusive water provider for all use of water within the City limits (i.e. no use of ditch water without the issuance of a raw water license agreement from the City). ./1 re-'';'/~J-. / ()/ JvWfr. LM'v (,.or 11-1 'li }A1t ;/)4 'I 8 v ~ 0/' ~ -:? of- ( f1 ./ n RECOMMENDED MOTION "I move to approve Resolution No, 2, Series 2001, approving the requests for 1) partial demolition, 2) relocation 3) the 500 sq. ft. FAR bonus and 4) recommends City Council approve the Historic Landmark Designation and Historic Landmark Lot Split for 515 West Gillespie Avenue, with the conditions stated herein," REVIEW CRITERIA AND 8T AFF FINDINGS EX~nBIT A - HISTORIC LANDMARK DESIGNATION EXHIBIT B - HISTORIC LANDMARK LOT SPLIT EXHIBIT C - PARTIAL DEMOLITION EXHIBIT D - RELOCATION EXHIBIT E - HISTORIC PRESERVATION GUIDELINES EXHIBIT F - RESOLUTION No. '~RIES OF 2001 .dJ EXHIBIT J - ApPLICATION & DRA"W'INGs--'--- ~ 2."5 EXHIBIT A HISTORIC LANDMARK DESIGNATION STANDARDS Any structure or site that meets two (2) or more of the following standards may be designated as an historic landmark. It is not the intention of the Historic Preservation Commission to landmark insignificant structures or sites, HPC will focus on those, which are unique or have some special value to the community. A. Historical importance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff Finding 9 1"""'\ ~ / (') .,; In general, this structure is indicative of an upper middle class lifestyle during the last 1800's silver mining era. It is expressive of the materials, methods, and style of the period. Specifically, neither Staff nor the Applicant has any knowledge of any specific significant historical events or persons associated with this structure. In any event, it should not be dismissed that the Beck Family, who are the current owners, are also the same family that originally built the structure in 1887 (by Neil Beck's grandfather) and the family has continuously resided in the house until this time. While the Beck Family may not be considered as "significant persons" in the context of the City of Aspen and would not qualify as meeting this standard, Staff is aware that there are not too many unique situations such as this in Aspen, Staff finds this standard is not met. B. Architectural importance. Based on the building form, use, or specimen, the structure or site reflects an architectural style that is unique, distinct, or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type. Staff Finding Staff finds that the 515 Gillespie structure, built in approximately 1887, originally located at 100 West Hopkins and subsequently moved in 1971 to its current location, is an excellent 114 year old example of Aspen's traditional Victorian Era architecture from before the turn of the century. Even though the house has been relocated, it has maintained its original form with the exception of a very minor single story shed detail on the rear of the house not seen from the street. A specific defining element of this architecture style includes a distinct roof form called the gable-end. This house style typically has a rectangular "T" shape plan with a gable roof with the ridge running perpendicular to the street as well as a cross gable form running parallel to the street. Most houses of this architectural type, as this house does, have a porch on the gabled end and a smaller roof is attached to the shelter porch. In Aspen, many of these porches have been closed in and incorporated the space in the interior of the house that compromises the architectural integrity and the original form. This house has not enclosed the porch element that continues to be one of its defining features along with classic turned posts. Most houses of this era specific to Aspen also tend to be wood sided and are 1 to 1 Y, stories; however this is an example of one which has 2 stories which is uncommon. Another interesting feature includes a small "hip" or more commonly known "clipped gable" element on the north facing (street facing) gable end. It is because of all the aforementioned reasons and defining architectural elements, that this structure, which is indicative of an upper middle class lifestyle during the last 1800's silver mining era and is expressive of the materials, methods, and style ofthe period, that Staff finds this criterion to be met. C. Desi,tner. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. 10 o ~ -e/ Staff Finding Neither Staff nor the Applicant has any information regarding the architect who designed this home; therefore, Staff finds that this criterion is not met. D. Neif(hborhood character. The structure or site is a significant component of a historically significant neighborhood and the preservation of the structure or site is importantfor the maintenance of that neighborhood character. Staff Finding The structure is located in and is considered a very important historic element of the historic West End of Aspen that gains its character from the prominence of historic homes such as the subject home at 515 Gillespie Avenue. It is immediately located among other houses on the same half block fronting Gillespie A venue that are more contemporary in nature that make this structure even more prominent as an important and historically distinct neighborhood structure. In the blocks that surround 515 Gillespie, one finds a wide variety of house styles, ages, sizes, and so on. The preservation effort sought by the Applicant through this application will continue to allow this structure to add considerable value not only to the specific block but also to the traditional west end neighborhood. When viewed in context of the surrounding blocks, there are ten houses currently listed on Aspen's Inventory of Historic Sites and Structures; three of those structures maintain landmark status. This structure at 515 Gillespie Avenue is clearly a neighborhood-defining element that is complementary of the other three landmarked houses. Following this request for landmarking, the applicant intends to split the parent lot as result of a historic landmark lot split request. Staff finds this criterion to be met. E. Community character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or architectural importance. Staff Finding: In a similar perspective of neighborhood character, Staff finds that the 515 Gillespie single-family home is a critical site for preservation as it is already established as a home on the inventory and is an important and defining historical element in Aspen's Historic west end neighborhood as it relates to and adds to community character. The City of Aspen takes great pride in the fact that it has been able to preserve a great deal of its past so that future generations will be able to actually see the evolution of this small mountain town into what it is today. This structure is an important and original slice of time showcasing an example of an upper middle class lifestyle during the last 1800's silver mining era and is expressive of the materials, methods, and style of the period. 11 t'"\" ~ This structure and site is important because of its relationship to the eXlstmg neighborhood and other similar homes in terms of size, location, and architecture. Given that this unique two-story Victorian Era gable-end home is in excellent condition and remains as an excellent example of Aspen's 19th century Late Victorian Age homes, it is a "city wide" resource that should not be lost to demolition but rather preserved as a historic structure. Staff finds this criterion to be met. EXHIBIT B HISTORICAL LANDMARK LOT SPLIT In order to conduct a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: SUBDIVISION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after 12 r) ~ the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The lot (encompassing lots 4,5, and 6) has not been previously subdivided since March 24, 1969. Staff finds this criterion to be met. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). Staff Finding: Two lots are created as a result of the lot split - Lots A and B. An Accessory Dwelling Unit (ADU), cash-in-lieu payment, or deed restriction on any new residence will be required for a proposed house on Lot B. An ADU or cash-in-lieu payment wiIl be required on Lot A if more than 50% of the existing single-family house is demolished. The applicant may also choose to voluntarily provide an ADU on Lot A. Staff finds this criterion to be met. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: Staff finds that the lot in question was not the subject of a subdivision exemption under the provisions of this chapter or "lot split" exemption, Staff finds this criterion to be met. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: Staff finds that the applicant agrees that the filing of the subdivision plat, that meets the terms of this chapter, conforms to the requirements of this title, and responds precisely to the condition in the Resolution drafted herein, shaIl be submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation. This shall be a condition of this approval. Staff finds this criterion to be met. 13 f""I. fj e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: Staff finds that the applicant agrees that the plat and subdivision exemption agreement shall meet the timing requirements for recordation. Failure on the part of the applicant to record the plat within one hundred eighty (180) days, following approval by the City Council, shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff finds this criterion to be met. j) In the case where an existing single-:famiiy dwelling occupies a site, which is eligible for a lot split, the dwelling need not be de11UJlished prior to application for a lot split. Staff Finding: Staff finds that the existing dwelling will not be demolished; rather, the applicant intends to relocate the historic single-family structure from Lot "B" onto Lot "A" subject to the proper application process and review by the Historic Preservation Commission pursuant to Section 26.415. Staff finds this criterion to be met. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-:family home. Staff Finding: The applicant intends to move the historic single-family structure from Lot "B" onto Lot "A." As a result of this application, the owner of Lot B only has the ability to construct a single-family house. This scenario results in a total build out oftwo single-family houses. The total build out shall not exceed three units and therefore Staff finds this criterion to be met. SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of section 26.88.030(A)(2), section 26.l00.050(A)(2)(e), section 26.72.0l0(G) of this Code, and the following standards: a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. 14 !""'I ~ Staff Finding: The fathering / original parcel is 9,210 sq. ft in size and is located in the R-6 zone district. Staff finds this criterion to be met. b) The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: The duplex FAR which would have been allowed for the fathering parcel is 4,093 square feet (not including the 500 square feet FAR bonus,) The applicant has formally requested the FAR bonus award from the Historic Preservation Commission to allocate appropriate FAR to Lot A which would contain the relocated historic structure. The FAR to be split between the two newly created lots (including the 500 sq. ft. bonus) is 4,593 sq. ft. in total. The applicant wishes to appropriate this FAR in the following manner: Lot "A" as having 1,753 sq. ft. and Lot "B" as having 2,840 sq. ft. Further, these lot sizes and floor areas shall be indicated on the plat as a condition of approval once requested. Staff finds this criterion to be met. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: The proposed / newly created Lot A will contain the historic structure moved from Lot B. The applicant is requesting a historic landmark designation for that structure. Any future development shall meet all dimensional requirements of the underlying R-6 zone district. Additionally, the applicant understands that HPC bonuses are only permitted on the parcel that contains a historic structure. The applicant intends to return to the HPC upon submitting an application for any further development on the newly created lots. Staff finds this criterion to be met. GMQS EXEMPTION, HISTORIC LANDMARK LOT SPLIT The construction of each new single-family dwelling on a lot created through a Historic Landmark Lot Split pursuant to Section 26.480.030(E). This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26,470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26,470.030. Exemption review is by the Community Development Director. This exemption shall only apply if the standards of Section 26.470.070(B)(1) or (2), as applicable, are met. Staff Finding: Staff finds that this exemption for the construction of each new single-family dwelling on a lot created through a Historic Landmark Lot Split shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or 15 f"""l (j from the Aspen Metro Area development ceilings. Any development of Lot "B" shall be required to mitigate for affordable housing pursuant to Section 26.470.060(B)(l) of the Municipal Code and shall be reflected in a plat note. EXHIBIT C PARTIAL DEMOLITION No partial demolition of any structure included on the Inventory of Historic Sites and Structures of the City of Aspen shall be permitted unless the Historic Preservation Commission in accordance with the standards set forth in this Chapter approves the partial demolition. The applicant shall be required to address the following Standards for review of partial demolition. No approval for partial demolition shall be granted unless the Historic Preservation Commission finds all of the following standards are met: a) The partial demolition is required for the renovation, restoration or rehabilitation of the structure, or the structure does not contribute to the historic significance of the parcel, and 16 r'1 , t"') Staff Finding The applicant has included a partial demolition plan as indicated on the site plan. The applicant is requesting approval to 1) demolish a small non-historic shed addition on the rear of the historic house, 2) demolish the non-historic subgrade level and stairs, and 2) demolish a non-historic separate detached garage currently existing at the rear of the site. This demolition will eliminate non-historic portions /additions of the house. It should be noted that the existing siding on the house is not historic siding original to the structure. Staff finds that the partial demolition of the rear shed addition and subgrade level and stairwell does not detract from the historic structure and the detached garage on the rear of the lot does not contribute to the historic significance ofthe parcel. Staff finds this criterion to be met. b) The applicant has mitigated, to the greatest extent possible: (1) Impacts on the historic significance of the structure or structures located on the parcel by limiting demolition of original or significant features and additions, and Staff Finding The applicant intends to remove only non-historic elements from the existing structure. In addition, the addition to be demolished is located in the rear of the house and not seen from the street and as a result, The house, in large part, will maintain its historic significance as defined by the Late Victorian Age in which it was built. Staff finds this criterion to be met. (2) Impacts on the architectural character or integrity of the structure or structures located on the parcel by designing new additions that are compatible in mass and scale with the historic structure. Staff Finding The three portions of the existing home will not significantly interfere with the architectural character or integrity of the home. The existing non-historic addition to the rear of the house is not easily distinguished from the historic portion of the house. The applicant intends to replace this addition with a new addition that will be somewhat distinct and more easily distinguished from the historic structure. Again, this partial demolition and reconstruction of a new addition will occur in the rear of the historic structure and not viewed from the street. Staff finds this criterion to be met. 17 r-.. } (") , EXHIBIT D RELOCATION No on-site relocation of any structure included on the Inventory of Historic Sites and Structures of the City of Aspen shall be permitted unless the on-site relocation is approved by the Historic Preservation Commission. The applicant shall be required to address the following Standards for review of off-site relocation. No approval for off-site relocation shall be granted unless the Historic Preservation Commission finds all of the following standards are met: a) The structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property, and Staff Finding As stated earlier, the house was built in 1887, originally located at 100 West Hopkins Street, and moved to its current location in 1971. Currently, the house is usable as a residence in its present location. The applicant intends to move the house as a result of the ability to conduct a historic landmark lot split provided the City Council grants landmark status to the property. b) The relocation activity is demonstrated to be the best preservation method for the character and integrity of the structure and the historic integrity of the existing neighborhood and adjacent structures will not be diminished due to the relocation, and Staff Finding The new location of the historic home to Lot A will continue to maintain the front (or north facing) facade and its relationship to the street. In addition, the location will also promote exposure of the western fayade as a result of the angled position of the new adjacent house. There will be no loss of exposure of the east fayade of the house as a result of the move. Even though this fayade may be considered architecturally insignificant, it may be even more promoted as a result of the new development on Lot B. Staff finds that the move will not diminish the historic integrity of the house. Staff finds this criterion to be met. c) The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness of the structureproposedforrelocation,and Staff Finding Bill Baily, a local house mover, originally moved the house to its current location in 1971 from 100 West Hopkins Street. He has recently restudied the house and found that the house can be moved without any damage to the Structure, Staff finds this criterion to be met. 18 f""\ , i) d) A relocation plan shall be submitted, including posting a bond or other financial security approved by HPC with the engineering department, to insure the safe relocation, preservation, and repair (if required) of the structure, site preparation and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation, and Staff Finding The applicant, as a condition of approval, and prior to the application of building permits, shall be required to post a bond or other financial security approved by the HPC with the engineering department to ensure safe relocation of the structure. Staff finds that this will be included as a condition of approval. e) The receiving site is compatible in nature to the structure or structures proposed to be moved, the character of the receiving site's neighborhood is consistent with the architectural integrity of the structure, and the relocation of the historic structure would not diminish the integrity or character of the receiving site's neighborhood. An acceptance letter from the property owner of the receiving site shall be submitted. Staff Finding For all practical matters, the historic house will be relocated on the same lot where it currently sits. (The house will move approximately 40 feet to the west.) As a result of the lot split, the house actually changes lot locations; however, the nature and character of the lot does not drastically differ from current conditions. The receiver site is compatible in nature with the sending site and the neighborhood will not suffer from the movement of this structure. Moreover, the Aspen Area Community Plan calls for increased residential density. Staff finds that the lot split continues to be an incentive to promote this density increase while maintaining the historic lot sizes and relationships of dwellings. The receiver site will accommodate the house in accordance with all zoning provisions and the associated dimensional requirements. No letter of acceptance is required because both lots are owned by Mr. Bone. 19 r"\ J ~ , I EXHIBIT E HISTORIC PRESERVATION GUIDELINES 1. Lot Splits The City provides several incentives for residential property owners to divide the square footage that could be built on a landmark parcel into two separate houses in order to reduce the size of both buildings, to reduce the size of an addition made to a historic house and to reinforce the original character of many of Aspen's neighborhoods, which had small houses on 3,000 square foot lots. This section of the Historic Preservations Guidelines deal almost entirely with new development on lots that result from an historic landmark lot split. There are no development plans proposed with this current application; Staff will perform an analysis of any new development proposal on the newly created lot with using the elements in these guidelines as major tools. 2. Buildine Additions Many historic buildings in Aspen experienced additions over time as the need for more space occurred. In some cases, owners added a wing onto a primary structure for use as a new bedroom, or to expand a kitchen, Typically the addition was subordinate in scale and character to the main building. This tradition of adding onto buildings should continue. It is important, however, that a new addition be designed in such a manner that it preserves the historic character of the original structure. It is important, that new additions do not detract from the character of the building or obscure significant features There are a few basic principles for new additions that are prescribed by Aspen's Historic Preservation Guidelines. In general they include minimizing negative effects that may occur to the historic building fabric, the addition should not affect the perceived character of the building, and keep the size of the addition small in relation to the main Structure. Specifically, the guidelines indicate: 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. Staff finds that the proposed new addition does not reflect the exact character of the historic house but is not too inconsistent with the historic character of the primary building. Further, the addition does not attempt to portray an earlier period than that of the primary building or imply an inaccurate variation of the primary building's historic style should be avoided. Staff finds that the proposed addition meets this guideline. 10.4 Design a new addition to be recognized as a product of its own time. The proposed addition is made distinguishable from the historic building, while also remaining visually compatible with these earlier features. In addition, the addition maintains changes in setbacks, materials, and architectural style from the historic 20 "" c1 j " building, that help define a change from old to new construction. Staff finds that the proposed addition meets this guideline. 10.6 Design an addition to be compatible in size and scale with the main building. Staff finds that this addition is lower than the height of the primary building. Staff finds that the proposed addition meets this guideline. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. The proposed addition will be located in the rear of the historic resource. Staff maintains that the addition does not interfere with any primary facades allowing the original proportions and character to remain prominent. Staff finds that the proposed addition meets this guideline. 10.9 Roofforms should be similar to those ofthe historic building. Staff finds that the two roofs proposed are appropriate because they are shed roofs. Staff finds that the proposed addition meets this guideline. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. This addition does not result in the loss or severe alteration of architectural details, cornices and eavelines. There is some siding that will be replaced with the west portion of the addition; however, this siding is determined not to be historic to the original Structure. Staff finds that the proposed addition meets this guideline. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. With the exception of the metal roof materials, the new materials are similar to the original materials. Staff finds that the proposed addition meets this guideline. 10.12 When constructing a rooftop addition, keep the mass and scale subordinate to that of a historic building. The new addition does not overhang the lower floors of the historic building in the front or on the side and the dormer on the main roof which covers the proposed doors from the upper bedroom are subordinate to the overall roof mass and remain in scale with historic roof structures and is located below the primary structure's ridgeline. Staff finds that the proposed addition meets this guideline. 10.13 Set a rooftop addition back from the front ofthe building. The proposed rooftop addition will not be seen from the street so as to help preserve the original profile of the historically significant building. Staff finds that the proposed addition meets this guideline. 21 .' ~ rj 10.14 The roof form and slope of a new addition should be in character with the historic building. Staff finds that the rooftop shed dormer is subordinate in scale and not seen from the street so that it does not detract from the historic nature of the house as it is seen from the street. However, it appears to be a large cut into the form of the roof and significantly changes the "read" of the south elevation. Yet is not street facing so that the historic appearance is not severely adulterated. Staff finds that the proposed addition meets this guideline. 3. Building Relocation / Foundations Generally, removing a structure from the parcel with which it is historically recorded will compromise its integrity. However, there may be cases when relocation will not substantially affect the integrity of a property and its rehabilitation can be assured as a result. In this particular case, the house was originally located at 100 West Hopkins A venue and was subsequently relocated to its current location in 1971. This application calls for demolishing the non-historic basement which serves as the current basement The Historic Preservation Guidelines contain language referring to protecting the resource prior to and during relocation. Specifically, wood panels should be mounted on the exterior of the building to protect existing openings and particularly historic glass. Further, special care should be taken to keep from damaging door and window frames and sashes in the process of covering the openings. The guidelines specifically indicate: 9.1 Proposals to relocate a building will be considered on a case-by-case basis. This particular request for relocation is of an individual structure rather than a structure in a historic district. In general, a relocation of this sort has less of an impact on individual landmark structures than those in a historic district. In addition, the applicant intends to maintain the historic structure with the exception of placing an addition in the rear. In doing so, this relocated building shall be carefully rehabilitated to retain original architectural details and materials. In addition, the applicant, as a condition of approval, shall provide a plan to secure the structure and provide a new foundation, utilities, and to restore the house, Staff finds that the proposed relocation meets this guideline. 9.2 Moving an existing building that contributes to the character of a historic district should be avoided. Staff has considered the significance of this house and the character of its setting and found that a relocation on an adjacent lot will not detract from its historic significance given the fact that this house once stood at 100 West Hopkins prior to 1971. Staff finds that the proposed relocation meets this guideline. 9.3 If relocation is deemed appropriate by the HPC, a structure must remain within the boundaries of its historic parcel. Staff finds that this house, as proposed, will remain on the parent lot as the result of a historic landmark lot split and both newly created lots will remain in the purview of the 22 r"j f! 7 Historic Preservation Commission for any further development. Staff finds that the proposed relocation meets this guideline. 9.4 Site the structure in a position similar to its historic orientation. As proposed, the house will face the same direction and have a relatively similar setback as its current location. Staff finds that the proposed relocation meets this guideline. 9.5 A new foundation should appear similar in design and materials to the historic foundation. The applicant intends to relocate the house onto a basement similar to the basement on which it currently sits. Staff finds that the proposed relocation meets this guideline. 9.6 When rebuilding a foundation, locate the structure at its approximate historic elevation above grade. The elevation heights will not be drastically changed as a result of the newly relocated house on to its new foundation thereby maintaining its current historic significance. Staff finds that the proposed relocation meets this guideline. 9.7 A Iightwell may be used to permit light into below-grade living space. The applicant proposes two light wel1s in order to provide light and ventilation to the subgrade basement. Neither lightwells are on the front fayade of the house (per the Residential Design Standards). Staff finds that the proposed relocation meets this guideline. 23 .......- cg .c,"~_~,c,'""~, n , I r r"\ ........b <C~ == f- a.. ....... ~ ::z:: <::> u ~ c.. :c ~ ....... ~ <C ::.::: ~ <C a.. 0 ""l:J "' ... 0 - 0 0 u I:x: ~ c : ell <:> Q,. .... L.L.I ('IS ~......... --- ::z:: ~ E ::s - ""'"' -- -' "."c,~"bU, %: o ::I: +-' ". '_..-s....' , o en c o u ~ . -- .... I. :I ~ ~ .- 0 Q,. ...... .... 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D '" / I '-'.::1:-.:.- , ~ ~ II II II ---==~ z C) I- 5 w -1 W f- \f) <( w = C) w, I!)=- <( II I)" = <("I- I!)'-- /""" ~ \IJ ~ \'l -' \IJ , ~ z @J )> \'l-'\IJ z I z4:Z is III 010 -I-rr: iii ~ 4: Z 0 ClwO -' () - ;Po ci lL I-}:Il! s:: ~ -' ~~ 1lli1] ~ ~ i () -' III fC w w X 1l!1' w '\" b b o IT ~ fu S ill -, IL () ~~ ~in w ~ / ~~ '-1--- II I II I II I II I II I ~~ II I II I II ~ - :::: :::: :::: ~ II ==~ z C) I- <{ ~ -1 W I l- I}" C) _ Z - C) W _, I!)- <( II I)" = <("I- I!)'-- D D o --~ D ^ Ii <!l~ -~ ~ -{ ~() ~IJ iii \'l -'-' \'l, :{t Z -{~ I Q\,? ~m o 0 i~ -{ - f- In 0"', \~ Cl W -( '0 ::J 'f ~4: T <0 X~ -' ~ () .-( , 4: IL ~ ~s:: ~g () \J- D 1; ;i ~.: lU Z 0 s:: " . J 0 ci o - fC I- o -' ,) \.l ' ill ~ U,l ~ fu ffi }: ,1) ~~ > x rl 10-30-00; 3:23PM;SUN~ISE COLONY ASPEN ;9709204433 # 2/ 4 """,'. T, " !i "--' ~ r1 PUBLIC NOTICE RE: 5151 WEST GILLESPIE NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, November 8th, ata meeting to begin at 5:00pm before the Aspen Historic Preservation Commission, Council Chambers, City Hall, 130 S. Galena St, Aspen to consider an application submitted by Neil and Pamela Beck requesting approval for Historic Designation, a Historic Lot , Split including 500 square foot historic lot split FAR bonus, a 3 foot side yard and 3 foot rear yard setback variances, The property is located at 5151 West Gillespie and is described as Lots 4-6, Block 99, Hallam Addition to the City and Townsite of Aspen, For further information, contact Fred Jarmin at the Aspen/Pitkin Community Development Department, 130 S. Galena St, Aspen, CO 970 920 5102 ~i.asoen.co,us S/Suzannah Reid, Chair Aspen Historic Preservation Commission Published in the Aspen Times City of Aspen Account Lu:, Mol ltc..9-. \DLY{{OC -,';> , ... , 10-30-00; 3:23PM;SUNRISE COLONY ASPEN FRAZER WILLIAM R & JANE Z FAMILY TRUST 433 W GILLESPIE ASPEN CO 81611 DURAND LOYAL ill DR & BERNICE BLACK 4314 FAWN CTRT1 CROSS PLAINS WI 53528 UliLFELDER NAOMI PO BOX 1165 ASPEN CO 81612 SALTER JAMES P 0 BC....~...""~ BRlDGEHAMPTON NY 11932 KNURR GOLDIE P & WERNER 603 W GILLESPIE ST ASPEN CO 81611-1242 GOLDSMITH ANDREW LUBIN 1/3 1344 N DOHENY DR LOS ANGELES CA 90000 ELLIOTT ELYSE A 610NORTHST ASPEN CO 81611 MCCARTY DANIEL L POB::~. .. .~': ASPEN CO 81612 STUNDA STEVEN R 515 5TH ST ANNAPOLIS MD 21403 SMALL ALBERT H & SIDRLEY S 7116 GLENBROOK RD BETHESDA MD 20814 r'} KAUSPETER&EVA 8401 VISTALN PRESCOTI' Az86301 NORTH FOURTH STREET ASSOCIATES C/O MIKE CONVISOR PO BOX 11 ASPEN: CO 81612 COLLINS CHARLES & JANICE S PO BOX HH ASPEN CO 81612 BECK NEIL H& PAMELA 515 W GILLESPIE ST ASPEN CO 81611 HODGES ELAINE C 2020 S MONROE #118 DENVER CO 80210 GOLD~MITHJOHN JOSEPH 1/3 13,3 25TH ST SANTA MONICA CA 90400 LUETKEMEYER JOHN A JR & SUZANNE F SCHREIBER EUGENE H& STANFORD 17 WPENNSYLVANIAAVE TOWSON MD 21204 MUSIC ASSOCIATES OF ASPENINC 2 MUSIC SCHOOL RD ASPEN CO 81'611-8500 NITZE WILLIAM A, 153728THSTNW WASHINGTON DC 20007 LEWIS ADAM C/O KATHLEEN HONOHAN @NATIONAL CITY BANK 1900 E 9TH ST LOC 2030 CLEVELAND OH 44114 ;9709204433 # 3/ 4 (""\ , . PETERSON JAMES D PETERSON HENSLEY R POBOX 1714 ASPEN CO 81612 ODOM JOHN A JR ODOM LORRIE FURMAN 11490 W 38TH AVE WHEATRIDGE CO 80033 AARONSON JEFFREY C POBOXIOl31 ASPEN CO 81612 CHRIST EPISCOPAL CHURCH 536 NORTH ST ASPEN CO 81611 O'SRANA CATHY 108 ROBBINS ST OSTERVILLE MA 02655 ELGART ALICE CLARE GOLDSMITH 1/3 - 27 E 62ND ST 6TH FL NEWYORKNY 10001 MCCARTY DANIEL L PO BOX 4051 ASPEN CO 81612 ASPEN INSTITUTE INC 1000 N 3RD ST ASPEN CO 81611 RICHARDS ANN K 153128TH ST NW WASHINGTON DC 20007 HELZBERG SHIRLEY BUSH TRUSTEE QUALIFIED PERSONAL RESIDENCE TRUST 5805 MISSION DR SHAWNEE MISSION KS 66208 'f' ~.~.-. 10-30-00; 3:23PM;SUNRISE COLONY ASPEN # 4/ 4 MUSGRA VB MARJORY M 629WNORTHST ASPEN CO 816I1 {'\ , GREENWOOD JIM 1035 W 57TH ST KANSAS CITY MO 64I13 ;9709204433 FOX SAM FOX MARJL YN 7701 FORSYTH BLVD STH 600 CLAYTON MO 63105 ~ i HOFFMAN JOHN L 1035 W 57TH ST KANSAS CITY MO 64I13 COHEN ROGER L 1035 W 57TH ST KANSAS CITY MO 64I13 10-30-00; 3:23PM;SUN~ISE COLONY ASPEN ;9709204433 # 1/ 4 . " ~ () TRANSMITT AL COVER SHEET DATE: 10/30/003:31 PM NUMBER OF PAGES: ___4 (Including Cover Sheet) II SUMlSE COLONY COMPANY Sent To: Fred Jarman Sent By: Kim Marie DiSalvo Company Name: Fax No: City of Aspen (970) 920-5439 (970) 920-5102 Department: Fax No: Aspen Office (970) 920-4433 (970) 920-9911 Telephone No: Telephone No: cc: File Fax Operator: Kim Marie DiSalvo F. , r........> , As per our telephone conversation please fmd attached the mailing list and a copy of the publif notice that was mailed to all on the list on October 24, 2000. Than" you, Kim Marie DiSalvo kdisalvo@sunriseco.com 1 J 7 Aspen Airport Business Center, Aspen, Colorado 81611, Telephone (970) 920.9911; Fax (970) 920-4433 Builder of America's Finest Country Club CommunUies eIlCb.dIII'dliaImDl:andfileprClteClion. Salcl\1ldlr;Ift:l'e~'lIrilllJdcaatrvmMcVeyP.csawir~iD.CalieHo.19CWS9 for).OAP,alrmItdellDd.l&AP,~.Tbll~.~Ml:V",RcsIcMIU.31cOas1Nc1edbasbeelldeU:rmiJlcdby.~ probIIoaaI~lObel.67AF.C<<IoDwaoclHilflOw~(DIsi$a;oil)lOtswiltl...dw8lIiDgllllltJllll'lotaall.wi1b Uriptiaallllll.lIoncsforCllCb.lottlS~ LoINo. lJanelr; Sq.Pllrri&*d 1 . "., 2 4 1000 , . "'" . . "., , , 2000 , , "'" 1 0 lOOll : : = . YOUAlltwi!wn-!'IO'l'mEDmATYOtr8AVE...clldM:."" 10 1 1000 qudnapticate.verlGed.--oIt1ppolidola--.:r.rdlr_altft." 11 4 2500 :.it~~~::,.,.-:~~~ ii ~ ~:: Clerk,u~byRaleS,CRCP. (PIIaa:Vee: S4S.08) nGC'\' Total 29 24500 (0.5624 AaD) ~. StrI:cr.s.mell)4~5JI......COtllaL . . A$'.-cdiDc-No.8OCW)~.I!lI:IUbjca:M:&caabe~lObeiD.pli/:Itilfdurini:lbellOllotrriptioa_ Iuaddiliao, Published In The welbc:mbeCll:p\lUCllObeiDpriorilylodM:ltftomMayUtbroqb.l1meJOoIOiII.iI.year. o..ses:~~ dl&ta\llq13'1'1e1ltbe&blrlcb'lcd._IllM\1Ie_fftJmIbc13wdl$asdcsmbed~beaugmellltdwilllid-fiomMc fIf'/ PUBLIC NOTICE ~..lOUmW: . . RE: 515 W. GILLESPIE HISTORIC LOT spur CON~USE~ ACREFEEr(AP') . NOTICE IS HEREBY GIVEN that a public hearing' 01 Cc DoroelItic ~ fIonlrs ~ TocaiAF '. will beheld on Wednesday. October 11,2000, at onS, I) UIliJS c.~ ~ 19 0.28 Ai:te a meeting to begin at 5:00 p.m. before the Aspen publ; ~1.Jj ~.:.~ ~:~~ ~= g.=:; Historic Preservation Commission. Council of T 1ue . Chambers, City Hall, 130S. Galena St.. Aspen, to adoI.' hIy 0.0429 0.2531 0.0400 C.14.$6 consider an application submitted by Neil and A R]' AnguI 0.0429 0.1631 o.~ 0.1232 Pamela Beck requesting approval fora Historic CO:'lI Scp.cmber 0.0429 0.1.u)6 0.0400 0.0896 Lot Split. The property is located at 515 W. ORA, = 1.1.:5 ~~I~~ ~~ = ~~ 1.6$52 Gillespie and is described as Lots 4-6. Block 99, AN E 00IDeaic lOO~dl:yoWb3.~~1l1Wh10%C.U. Hallam Addition. of the City and Townsite of !n:igaDaa: 1.9lI"AF/~,*OOO.$624Ams(24500sq;tl) Aspen. A Ql H.ono:. l~pl/lIorIefdaywith lOO%C.U. For further infonnation. contact Fred Jarman at TWC ~ 2.66AFIAt:zf:IY_0It0.2118.Jl'&&ocacnMcVeyRelmr<lir the Aspen( Pitkin Community Development INm Department. 130 S. Galena St., Aspen, CO (970) STA1 92Q.5102, fredj@ci.aspen.co.us. s(Su2annah Reid. Chair' Aspen Historic Preservation Commission Published in The Aspen Times on September 23. 2000. (74807) '. . .. IIlICWIO GAIIPIEUJ cot1ftfTY.1'01IR MILE CRUX Al'I)) AN i.lNNAM:ED'TJdB1lTARYTO JOUR MlLE' CRDK. PIllimIiDa~'Cio~~;P.O,'Bo>l.l1l"GIc:rrwoodSprlnp,:~81602(9'7O)~.7~ ~ApplicIIioaIilr~~~M/ftiD:a.:.m:u,MIItlII~~No.I,MIlrtia~> o\ItemaleNo.2.MlniDRc$:r'""...._No.3aadMIrtiDFc:cderDitcbAllaaMeNG.3. Daeed: ApIll9, ISI66.Ca.Nct ) ~ Mlati.R-..mrI, ,laIpgn<:1ouncrotlhebiP__"IocataI..poiIlI..t.alcelllcwitam_~.. 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TOWlIIlJlp 10 Salllh. ~ s evaporatio;Daaribmabk:lOdleaestbetic:.pDIldsyueaaisalim&led1Ctbcapp.,. bee:oCOlDflWlldQlla~blAswilb..75%etfir:ieDcy1ilc:tllr.Thu: 0,3OtI71 acrcs-'dbeC.62 afaat.-1 CI:IIIIIllI'Ipl useWlll1ld be 0.465 ~iapriorily, augmcalaIioIl~1liDbcadolrullRD:dlRC.nT CoaservmcyDislmAllc:llmc:m:~IOlqrlaa::OQtolprioritydeplelion, ~b<<MIcalDll~cltbe~Fodtan4Pryio;spanRiversOlllli ial~""llliIellplllallioltlleCDltllJm:colCaldeer.3llI1lbeR alIdreleum.if~willbemadefromtlltSlalr'PlllldSyttl::m.HmL ~AppliI::lml.(lOpalfl=i). Colo of n, ,,'" statl char Colo PUBUC NOTICE NOTICE IS HEREBY GIVEN THAT the Board of County Commissioners, at a regular meeting on September 13, 2000. and after a duly-noticed public hearing published in the Weekend Edition of The Aspen Times on August 19, 2000, adopted the following Emergency Resolution # 180: A."l" EMERGENCY RESOLliTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO APPROVING A UCENSE AGREEMENT BETWEEN PITKlN COUNTY, THE . ROARING FORK RAILROAD HOLDING AlITHORl- TV AND' THE COLORADO DEPARTMENT OF TRANSPORTATION Copies of the full text of Resolutioo No. 180 are available for publlc inspection from 8:30 to 4:30 In the Office of the Clerk and Recorder, 530 East Main Street, Aspen, Colorado 81611. Phone: 97()..920-51BO. petit que~ elect new Stak Gro,' statE gro" I",d safe! "" arch unfa burl vice' pubi leve unh, har!' ",d ties. "" stat. ofgr men Jeanette Jones Deputy County Clerk Published in the Weekend Edition of The Aspen Times on September 23, 2000. (74803) PUBLIC NOTICE NOTICE IS HEREBY GIVEN TIfAT the Board of County Commissioners. at a regular meeting on September 13, 2000 and after a duly-noticed pubUc hearing published in the Weekend EdItion oj the Aspen Times on September 2, 2000. adopt. edthe following Ordinance 3i.2000 ORDINAl....CE OF THE BOARD OF COUNTY. COM- \1!""-10NF:RS (iF ?!T',(lN C()!JNTY Cf)U1RA.OO prot on' gro\ the ",,",' , ^ . , c1 - "!~ County of Pitkin } } State of Colorado } ss. AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.304.060(E) I, 7",",t>~ ~ , being or representing an Applicant to the City of Aspen, personally certifY that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid V,S, Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the 2( day Of~ ,2001.. (which is 41- days prior to the public hearing date of ~ I '1" ), . 2, By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the Z. ( day of tJ..""-J. , 200 L to the '" day of f'rr-.7 , 200 L, (Must be posted for at least ten (10) full days before the hearing date), A photograph of the 'posted sign is attached hereto, (Attach photograph here) ,~ I/~~~ Signature, Signed before me thi'z ( day of f!:8n:.tcL~ 200J.,by cY:7'" L:::.-~~ ~Z. 41fV't,~J & ru-Y'I . WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: My Commrssron expires August 28, 2001 Notary Public ICIM MARIE DISALVO Naby Pl.tlIic Stale of CUu.wdo , .. ~ \; - PUBLIC NOTICE RE: 515 WEST GILLESPIE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 9th, 2001 at a meeting to begin at 5:00pm before the Aspen City Council, Council Chambers, City Hall, 130 S, Galena St, Aspen to consider an application submitted by Randall Bone requesting Landmark Designation and Historic Landmark Lot Split The property is located at 515 West Gillespie and is described as Lots 4, 5 and 6 of Hallam's Addition to the City and Townsite of Aspen, For further information, contact Fred Jarman at the AspenlPitkin Community Development Department, 130 S, Galena St, Aspen, CO 970 920 5102 fredi@cLasoen,co,us Rachael Richards. Mavor Aspen City Council Published in the Aspen Times City of Aspen Account 'r .- ~. . 1""\ r""'\ , 1 County of Pitkin } } State of Colorado } 55. AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.304.060(E) I, , being or representing an Applicant to the City of Aspen, personally certifY that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following hearing date of 2, I. ailing of notice, a copy of which is attached hereto, by first-cl ge prepaid U.S, roperty within three hundred (300) feet of the ~ect property, as indicated ch is _ days prior to the public subject property (as it could be seen from the nearest public way) an of , to the _ day of , 200_, osted for at least ;(p~~;;;k;:J"'")N;;;'~~'i~i'_hOO'-. Signature (Attach photograph here) Signed before me this _ day of 200_, by WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: Notary Public "" r":j ~ PUBLIC NOTICE RE: 515 W. GILLESPIE LANDMARK DESIGNATION / HISTORIC LANDMARK LOT SPLIT / SIDE AND REAR YARD SETBACK VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, April 25th, at a meeting to begin at 5:00 p.m, before the Aspen Historic Preservation Commission, Council Chambers, City Hall, 130 S, Galena St., Aspen, to consider an application submitted by Neil and Pamela Beck requesting approval for a Landmark Designation, Historic Landmark Lot Split, Relocation, and a four (4) foot east side and rear yard setback variance and a three foot six inch (3' 6") west side setback variance, The property is located at 515 W, Gillespie and is described as Lots 4-6, Block 99, Hallam Addition, of the City and Townsite of Aspen, For further information, contact Fred Jarman at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, fredj@ci,aspen,co,us, s/Suzannah Reid. Chair Aspen Historic Preservation Commission Published in the Aspen Times on April 3, 2001 City of Aspen Account , . f"'1. i""') ~ jI ,. , 0/...-.---... ".o..._.._......_..._..____.____..H. County of Pitkin } } State of Colorado } SS. AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.304.060(E) I,---=-.J~~ ~ , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by fIrst-class postage prepaid D,S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the .!:i day of ~ ,2001. (which is ~days prior to the public ~ hearing date of J '-"'-'- (( ), 2, By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the L day of~,..J! ,200 L, to the JL day of ~"'---- , 200 -L, (Must be posted for at least ten (10) full days before the hearing date), A photograph of the posted sign is attached hereto, {}l'~ CMl/'/ C,r}kJV -t ft~ -r Signature Signed before me this ~ day of ~.,..., { 2001.. by ~~ (Attach photograph here) WITNESS MY HAND AND OFFICIAL SEAL My Commission Expires My Commission expires: August 28. 2001 Notary Public ~ ,{ .~ ~- ~---~ KIM MARIE DISAlVO NoIaIY NlIc SIaIlt fiI ca.udl. ~ , ~ r PUBLIC NOTICE RE: 515 W. GILLESPIE LANDMARK DESIGNATION / HISTORIC LANDMARK LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June II th, at a meeting to begin at 5:00 p,m, before the Aspen City Council, Council Chambers, City Hall, 130 S, Galena St., Aspen, to consider an application submitted by Neil and Pamela Beck requesting approval for a Landmark Designation and Historic Landmark Lot Split. The property is located at 515 W, Gillespie and is described as Lots 4-6, Block 99, Hallam Addition, of the City and Townsite of Aspen, For further information, contact Fred Jarman at the Aspen/Pitkin Community Development Department, 130 S, Galena St., Aspen, CO (970) 920-5102, fredj@cLaspen,cQ,us, snlachelE.Ftichards.Mavor Aspen City Council Published in the Aspen Times on May 22nd , 2001 City of Aspen Account ~ZER WILLIAM R & JANE Z .' FAMILY1RUST 433 W GILLESPIE ./ ASPEN CO 81611 1"", ! DURAND LOYAL III DR & BERNICE BLACK 4314FAWNCTRTI CROSS PLAINS WI 53528 UHLFELDER NAOMI POBOX 1165 ASPEN CO 81612 SALTER JAMES POBOX765 BRIDGEHAMPTON NY II932 KNORR GOLDIE P & WERNER 603 W GILLESPIE ST ASPEN CO 816II-1242 GOLDSMITH ANDREW LUBIN 1/3 1344 N DOHENY DR LOS ANGELES CA 90000 ELLIOTT ELYSE A 610 NORTH ST ASPEN CO 81611 MCCARTY DANIEL L PO BOX 4051 ASPEN CO 81612 STUNDA STEVEN R 515 5TH ST ANNAPOLIS MD 21403 SMALL ALBERT H & SHIRLEY S 7II6 GLENBROOK RD BETHESDA MD 20814 KAUS PETER & EVA 8401 VISTA LN PRESCOTT AZ 86301 "1 NORTH FOURTH STREET ASSOCIATES C/O MIKE CONVISOR PO BOX II ASPEN: CO 81612 COLLINS CHARLES & JANICE S PO BOX HH ASPEN CO 81612 BECK NEIL H & PAMELA 515 W GILLESPIE ST ASPEN CO 81611 HODGES ELAINE C 2020 S MONROE #118 DENVER CO 80210 GOLDSMITH JOHN JOSEPH 1/3 73,3 25TH ST SANTA MONICA CA 90400 LUETKEMEYER JOHN A JR & SUZANNE F SCHREIBER EUGENE H & STANFORD 17 W PENNSYLVANIA AVE TOWSON MD 21204 MUSIC ASSOCIATES OF ASPEN INC 2 MUSIC SCHOOL RD ASPEN CO 81'611-8500 NITZE WILLIAl\1 A ! 1537 28TH STNW WASHINGTON DC 20007 LEWIS ADAM C/O KATHLEEN HONOHAN @NATIONAL CITY BANK 1900 E 9TH ST LOC 2030 CLEVELAND OH 44114 PETERSON JAMES D PETERSON HENSLEY R PO BOX 1714 ASPEN CO 81612 ODOM JOHN A JR ODOM LORRlE FURMAN 11490W38THAVE WHEATRIDGE CO 80033 AARONSON JEFFREY C POBOX 10131 ASPEN CO 81612 CHRIST EPISCOPAL CHURCH 536 NORTH ST ASPEN CO 81611 O'SHANA CATIIY 108 ROBBINS ST OSTERVILLE MA 02655 ELGART ALICE CLARE GOLDSMITI 113, ' 27 E 62ND ST 6TH FL NEWYORK NY 10001 MCCARTY DANIEL L PO BOX 4051 ASPEN CO 81612 ASPEN INSTITUTE INC 1000 N 3RD ST ASPEN CO 81611 RICHARDS ANN K 1537 28TH ST NW WASHINGTON DC 20007 HELZBERG SHIRLEY BUSH 1RUSTE QUALIFIED PERSONAL RESIDENCE TRUST 5805 MISSION DR SHA WNEE MISSION KS 66208 , .MuSGRAVE MARJORY M 629 W NORTH ST :ASPEN CO 81611 ^, GREENWOOD JIM 1035 W 57TH ST KANSAS CITY MO 64113 1""\ , ) r VA ~A1Vl FOX MAR1L YN 7701 FORSYTH BLVD STE 600 CLAYTON MO 63105 COHEN ROGER L 1035W57THST KANSAS CITY MO 64113 ~ " HOFFMAN JOHN L 1035 W 57TH ST KANSAS CITY MO 64113 .... Phil Overeynder, 02:32 PM 6/22/01 -0600,515 W Gillespie--Ditch Relocation r"1 1""\ 'I Page 1 of2 ." Date: Fri, 22 Jun 2001 14:32:02 -0600 (MDT) X-Sender: philo@water X-Mailer: Windows Eudora Pro Version 2,1.2 To: fredj@ci,aspen,co,us From: Phil Overeynder <philo@ci,aspen,co,us> Subject: 515 W Gillespie--Ditch Relocation Cc: rebeccas@ci,aspen,co,us, AandCcfc@aol.com Fred, This memo is to acknowledge that the Water Department has received the proposal for relocation of a lateral of the Si Johnson Ditch at 515 Gillespie, The proposed ditch location shown on the drawing is acceptable to the Aspen Water Department. I recommend that the lot split approval be conditioned on the execution of a ditch relocation agreement between the City and the lot owner. The city's water counsel, Cindy Covell, is drafting the terms of a proposed ditch relocation agreement which will incorporate the proposed ditch location and specify the width of the easement area, I believe that it would be acceptable for the ditch agreement to be finalized following City Council approval but prior to recordation the plat. The ditch relocatiion agreement should be a recorded document running with the land, Please feel free to contact me at x51l1 if you have any questions, Phil Overeynder Water Director Date: Thu, 07 Jun 2001 14:39:31 >To: Jarman,Fred >From: Phil Overeynder <philo@ci,aspen,co,us> >Subject: 515 W Gillespie--Ditch Relocation >Cc: Rubel.Tom, Schickling,Rebecca,randyr,AandCfc@aol.com > >Fred, > >This will confirm my voice mail message, I received a copy of the ditch relocation plans and concur that it looks like the best solution at this time, However, I think we should do a number of things to limit the liability of the City associated with operation of the ditch and to provide flexibility for future modifications when conditions permit. > >First I think we should condition the lot split to require that a ditch relocation agreement be entered into with the City and that this agreement be a recorded document running with the land, We've developed an agreement form that does most of this, The ditch relocation agreement should reference the plans we are approving and provide for an easement a minimum of 10 feet in width, In addition to the standard agreement provisions, it should also indicate that the City, at it's sole discretion, has the option of moving the ditch off the property at a future date and would have no obligation to compensate the landowner(s) in any way, It also should specifically state that the landowners have no water rights in the ditch nor is any license being granted for use of water from the ditch, Finally the ditch relocation Printed for Fred Jarman <fredj@ci,aspen,co,us> 6/22/01 Phil Overeynder, 02:32 PM 6/22/01 -0600,515 W Gillespie--Ditch Relocation r') A Page 2 of2 ~ agreement should state that the landowners agree to comply with all City water poliices including the policy that the City is the exclusive water provider for all use of water within the City limits (i,e, no use of ditch water without the issuance of a raw water license agreement from the City), > >Please feel free to call me at x5111 if you have any questions, Thanks, > >Phil > Printed for Fred Jarman <fredj@ci,aspen,co,us> 6/22/01 4 !) (;C:- -(1-. #~;) t""'\ / Mr. Charles Collins ' 531 West Gillespie Avenue Aspen, Colorado S 1611 .- ASPEN / PITKIN COMMUNITY DEVELOPMENT DEPARTMENT September 11,2001 Dear Mr. Collins, Please consider this letter a response to your letter dated August 31, 2001, which my office received on September 4, 2001. In your letter, you indicated you participated in several public hearings before the Historic Preservation Commission (hereinafter the "HPC") and the City Council (hereinafter the "C'ouncil") regarding a land use application for a property located at 515 Gillespie Avenue (hereinafter the "Property"), which subsequently received a variety of land use approvals, More specifically, your letter indicated that following the conclusion of the public hearings, you continue to have questions pertaining to process and legannterpretations of the Municipal Code regarding the particulars of the land use application, First, this letter will address the questions you raised with respect to process and legal interpretations of the Municipal. Code, The second portion of this letter will address the particulars of the land use application you raised including Floor Area Ratio (hereinafter as "FAR"), variances provided by the HPC, and issues concerning the operation of the HPC, I. Process & Legal Interpretations of the Municipal Code Upon discussion with Staff and a complete review of the land use application file of the Property in question, the correct process was followed as to the requested land use actions, which included a Historic Landmark Lot Split, Landmark Designation, relo,cation, partial' demolition, and a 500 square foot FAR bonus, Proper notice was provided for all the public hearings, which included HPt, Planning and Zoning Commission, and City CoUncil and public comment was taken at all of the public heirrings, As a result, I conclude that the correct process was followed throughout the entire,life ofthe land use application, Interpretations of text in the Land Use Code (hereinafter the "Code") are appropriate when text appears to be too vague or not specific enough or is in conflict with other sections of the Code and therefore requires clarification, The Community Development Director has the authority to make interpretations of the text of Code, Ai the City Attorney, I participated in the preparatioll of the interpretation you refer to in your letter and am in full agreement with Staff and the analysis they provided, Moreover, the language you refer to is currently being formally adopted in the Code to codify the int<;rpretation through Ordinance 24, Series 200 1. 130 SOi.!TH GALENA STREET . 'ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439 Prinlednn Recyded Paper ~ . 1""'\ n II. FAR, HPC Variances, and the Operation of the HPC A.FAR You are correct to assert in your letter that in the event of a historic landmark lot split where two new lots are created, "the total FAR for both residences (on each of the newly created lots) shall not exceed the floor area allowed for a duplex on the original parceL" In the specific case you refer to at 515 Gillespie Avenue, the applicant owns a 9,210 square foot parcel containing a historic landmark which was subsequently split into two lots: Lot A which is 4,639 sq, ft, in size and Lot B which is 4,571 sq, ft, in size, The Applicant is required to allocate specific FAR to each newly created lot using the allowable duplex FAR for the fathering or original parceL In this case, the duplex FAR allowed for the fathering parcel is 4,093 square feet. According to the Code, this FAR is subsequently split between the two newly created lots, When the additional 500 FAR bonus is added, the total FAR results in 4,593 sq, ft, which is what has been allocated to the development in question, As a result, Lot A has 1,753 sq, ft, and Lot B has 2,840 sq, ft, This calculation is correct. You stated in your letter that "Staff has misleadingly stated the allowable FAR on the site by figuring the FAR based on two smaller lots", This misleading calculation has led some members of Council to believe additional FAR is available for the site," I have reviewed the Staff memorandums, discussed this iSsue with Staff, and attended both public hearings at City Council when this case (and this very issue) came before CounciL To be clear, the Code states that in the case of the Historic Landmark Lot Split, (an applicant may not exceed the dimensional requirements of the underlying zone district for the newly created lots; this includes FAR.) In this case, the most FAR that could ever be placed on Lot A is 2,858 sq, ft, and the most FAR that could ever be placed on Lot B is 2,846 sq, ft, When determining how the 4,593 sq, ft, of FAR can be allocated to the two new lots, the applicant must consider what the maximum FAR would normally be on the new lots they've created and cannot exceed that number. (Please see the calculation provided below and reference Section 26,O,040(D)(lO) of the Code, For lots between 3,000 and 6,000 sq, ft, in size in the R-6 zone district the following calculation applies: , 3,000--6,000 2,400 square feet of floor area, plus 28 square feet of floor area for each additional 1 00 square feet in lot area, up to a maximum of 3,240 square feet of floor area, Therefore, the correct calculation is as follows for Lot A for example (all numbers are in square feet): 4,639 - 3,000 = 1,639 = 16.39 x 28 = 458 + 2,400 = 2,858 100 When the same calculation is applied to Lot B, the most FAR that could ever be placed on that newly created lot of their total of 4,593 sq, ft, is only 2,846 sq, ft, In fact, the applicant only applied 2,840 sq, ft, thereby complying with this requirement and leaving him with , . ("""-, A 1,753 to be placed on Lot A. These numbers divided in the formula above are never added together. Your letter contends these numbers may be added together to mean the total FAR allowed on the lots combined is 5,698 sq, ft, This is incorrect. Again, the total FAR that can be distributed between the two lots is only 4,593 sq, ft, which is noted on the subdivision plat, a recorded document. As this applies to the subject land use application, Staff simply pointed out in the memo and at the numerous public hearings that the applicant met these calculations. Moreover, the applicant was only applying 1,753 sq, ft, of FAR to Lot A which is much less (1,105 sq, ft, less) than it could contain which results in a much smaller structure that could be located there, As a result of this apparent confusion, raised by you at the first public hearing at City Council, the matter was continued so that Staff could take time to further clarify the FAR issue, The explanation provided by Staff at the second public hearing was adequate for council, who subsequently made a unanimous (5 to 0) vote in approval of the project. Staff has completed an accurate FAR calculation for the property and correctly conveyed this information to the Council and HPC, I am confident Council understood that the maximum FAR, as applied to the entire property, is no greater than 4,593 sq, ft, as clearly described in the Staff memorandum submitted to Council which was subsequently approved, B. HPC Variances As mentioned above, the Community Development Director has the authority to write interpretations of the text of the Code, The interpretation you question determined that while the Code states that Historic Preservation Commission (HPC) variances and bonuses are only permitted on the "parcel" that contains a historic structure, it has been determined that the provision may be taken to mean that the HPC bonus of 500 square feet of FAR may be applied to the "fathering" parcel containing either the historic structure or a new structure, Again, I participated in the review of this interpretation you refer to in your letter and am in full agreement with Staff and the merits of the interpretation, C. Operation of the HPC Your letter mentions issues regarding the basic operation of the HPC and how those issues are connected with the subject land use application, All of the City regulatory boards, with the exception of City Council, are volunteer boards, which consist of appointed citizens by the City Council from the City of Aspen, The HPC, in the recent past, has suffered the loss of several of its board members resulting in occasional meetings where only the minimum number of members (4) is present. City Council has recently remedied this problem by appointing new members to the board, Our Commission members are trained to consult with the City Attorney's Office regarding "conflicts of interest." Your letter mentioned that one particular Commissioner, who had not voted at an earlier HPC public hearing, did cast a vote at the Final Review hearing, This was because a much earlier scenario presented by the applicant included the development of Lot B, which was to be handled by the firm that employed that particular ., . r'\ !"""\ Commissioner. At that time, the Commissioner stepped down from the hearing due to a conflict of interest. However, the applicant, in order to address the concerns of the neighbors, later abandoned that scenario and the firm was no longer involved in any way, That Commissioner sought the advice of the Assistant City Attorney, David Hoefer, to ensure that his actions were proper. Therefore, the Commissioner was completely within his rights to cast a vote on the Final Review hearing without any issue of a "conflict of interest, " You also mentioned the fact that a new Commissioner, who was not witness to previous hearings, was allowed to vote at the Final Review hearing, Again, prior to the public hearing, Staff conferred with the Assistant City Attorney as to the proper procedure for new Commissioners and their ability to participate in a hearing that had been on going prior to their arrival to the board, It was made clear, in order for the new Commissioner to be able to participate, Staff should make available the prior memorandum, architectural plans, and minutes for the hearing that approved the Conceptual Review for the Property, This was done and the Assistant City Attorney, at the Final Review hearing, asked the new Commissioner whether or not she reviewed those previously submitted materials of the Conceptual Review hearing and was comfortable with participating in the Final Review hearing, The Commissioner responded affirmatively and participated in the hearing, Finally, and consistent with the aforementioned, another Commissioner who stepped down for one of the earlier public hearings mentioned in your letter, did so because she had been out of town and had not reviewed the appropriate materials in order to participate in the hearing. Again, this occurred with the advice of the attending Assistant City Attorney, In Summary I have done a complete review of the land use application file, reviewed the Code as to process, conferred with Staff, and consulted with the Assistant City Attorney regarding all the issues you raised, I have thoroughly evaluated the questions you raised in your letter and hope that the information I have provided you in this letter will alleviate your concerns with regard to the review of 515 Gillespie Avenue, Sincerely, John Worcester City Attorney cc: Helen Klanderud Aspen City Council Suzannah Reid Aspen Historic Preservation Commission JPW .9112/0 1.O:\john\word\letters\collin.doc :i ,~ GP ~ It '",~ to 1J!(' !~:- j; tp- <7 'P fl ~/;~" , ,bl.j)? ?dv) n 531 West Gillespie Avenue Aspen, CO 81611 August 31, 2001 ~~";:~,:-:?" />.. V /T '0 ". Mr, John Worcester City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Historic Landmark & Lot Split (Ord, 20) 515 Gillespie Avenue Aspen, Colorado ~ ~t~ ~~~\ Cit; 1It\.Oltle~'S :, . j \~.. {)\\\ce L.j ~-;,:- ~,~':':I .:~;~,~.- . c~ftr ''''''-''''''' .'" .'/ - '~_~3~Y Dear Mr, Worcester: Recently, my wife and I appeared before City Council and the HPC regarding the above application, The application was subsequently approved but left us with questions on the process and legal interpretations of the Municipal Code, We hope you can help clear up these questions_ First, was granting a 500 sq, ft, FAR bonus, The Aspen Land Use Code states" The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel", which in this case, is 4093 sq, ft, versus 4593 sq, ft, approved, The language is explicit and does not allow exceptions unless otherwise amended, Further, in contrast to this limit, Staff has misleadingly stated the allowable FAR on the site by figuring the FAR based on two smaller lots, Staff indicates (attachment A) a total allowable FAR of2858 sq, ft, to Lot A. Add the 2840 sq, ft. to Lot B and the TOTAL FAR becomes 5698 sq, ft, or 1605 sq, ft, (39,2%) over that allowed for a duplex on the original site (attachment C), This misleading calculation has led some members of council to believe additional FAR is available for the site, Secondly, the Code states" HPC variances and bonuses are only permitted on the parcel that contains a historic structure", Although Staff first indicated the bonus would be on Lot A (attachment B), this was impossible because the existing historic structure was already 1681 sq, ft, Subsequently, Staff issued a five page 'interpretation' of the word 'parcel' with a much broader meaning, which, unfortunately, has led to more questionable 'interpretations' of the Code, I respectfully request your opinion of the city's action on these issues, The Code is specific and arbitrary interpretations by Staff subvert the intent and undermines confidence in our regulations, This is especially timely as Council considers Ordinance 24 which, it appears, will essentially adopt similar HPC language for the office zone on Main Street, If adopted for . " 1"""'\ fJ ~ Main Street, will there be less opportunity for 'interpretation' and abuse than we've been experiencing in some residential neighborhoods? Additionally, there appears to be a lax modus operandi at the HPC. The board has a problem having a quorum and some members have periodic conflicts of interest, At the August 8th HPC meeting, which was a public hearing to consider Final Review of the above application, the Chair would not consider comment other than 'architectural' features of the project, Additionally, one member of the quorum offour had previously stepped down from this application due to a conflict, but now returned to vote because, ostensibly, the conflict no longer applied. Further, a new member who had not attended any of the previous five public hearings, was 'brought up to speed' by receiving a Staff memorandum, plans and minutes of one of the previous Conceptual Review meetings, and was allowed to vote, At an earlier meeting, with a like situation, a member was asked to step down to avoid any semblance of partiality or bias, These are important issues, I hope you will address them with both City Council and HPC and help restore the confidence and credibility that the citizens of Aspen have come to expect of their government and elected officials, Please let me hear from you as soon as possible, Sincerely yours, Charles T, Collins Cc: Mayor Helen Klanderud Councilman Terry Paulson Councilman Tom McCabe Councilman Tony Hershey Councilman Tim Semrau . y ,f(1o,,JAL. I"1i:.'\J\E."'" \-IfNuc"e,:O\ n. AlTACt-1MEI"4\ A '" flaar area by up to. five hundred (500) square feet, ar exceeds the allawed site caverage by up to. five (5) percent. In fact, the praject has been designed such that no. variances have been requested except far the 500 square faat FAR banus, Even with the FAR banus ~.a.PPlie d th'~:Qj~~t . t~:.~. .'. imtt!tl''FA:R'''*Md''Q.a..LatkPllIsuanUo~"L.and,V~ ........ .... 2&5'&;square~ "'...c....;."..,,,..... ~~ - ~ . The Applicant received Canceptual Approval fram the HPC an June 13,2001, which included, amang ather things, a FAR banus 0.1' 500 square feet, This praject is lacated an a 1at larger than 9,000 square feet in the R-6 zane district and has received approval fram the City Cauncil far a histaric landmark lat split, which are three examples 0.1' why the Cammissian grants the FAR banus, Staff finds this standard to. be met. < b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposedfor development, and Staff Finding: The prapased develapment invalves relacating a histaric landmark to. anather lacatian an the same lat as a result 0.1' a lat split and making minar additians to. the rear 0.1' the structure, The hause is currently lacated an a lat that situated between two. hauses that are nat an the City's Inventary, In fact, it is this very hause that lends a histaric character to. this street frontage adding to. the character 0.1' the neighbarhaad rather than detracting fram it. Neither 0.1' the adjacent properties (to. the east and west 0.1' the subject praperty are cansidered by the City as histaric properties and are nat an the City's Inventary 0.1' Histaric Sites and Structures, Mareaver, the street's histaric fabric was reestablished when the hause was ariginally relacated there in the early 1970s further establishing histaric character to. this street. 515 Gillespie will cantinue to. cansiderably enhance this street as well as the west end neighbarhaad as an autstanding example 0.1' hames built during that periad 0.1' time, Staff finds this standard to. be met. c. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or adjacent parcels; and Staff Finding: The propased develapment daes nat detract fram the histaric significance 0.1' the structure, Staff finds this standard to. be met. d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part thereof. 515 Gillespie Final Review 9 ~ I 'Fl\..ll"\.- (<;eN I =.", . 1-\ r--.I~\..I"', €>,D \ , 1 n .: .,a,f1A-CI-IME.W i e:, City Board for land use approvals if the proposal is in no way reliant on the disputed property line, In this case, and as stated above, despite the potential boundary dispute, the applicant has proposed a development plan that would riot be affected at all should the questionable lot line be decided in favor of the Collins, STAFF RECOMMENDATION Staff recommends the HPC approve the requests for 1) partial demolition, 2) relocation 3) the 500 sq, ft, FAR bonus, and 4) recommends City Council approve the Historic Landmark Designation and Historic Landmark Lot Split for 515 West Gillespie Avenue, with the following conditions: 1, A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County clerk and recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause; 2, As a minimum, the subdivision plat shall contain a plat note stating that any development of Lot "B" shall be required to mitigate for affordable housing; 3, As a minimum, the subdivision plat shall contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; 4, As a minimum, the subdivision plat shall contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district and residential design standards with the potential exception for variances to be approved by the HPC; 5, That Lots "A" and "B" are designated historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code, as well at Section 26.410, the "Residential Design Standards;" 6, That the applicant shall verify with the City Zoning Officer the total allowable FAR for each newly created lot, taking into account any and all applicable lot area reductions, The property shall be subdivided into two parcels, Lot "A" receiving 4,639 square feet of lot area and Lot "B" receiving 4,571 square feet of lot area, Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "A" will be 1, 75~. < ~Iudi!!-g a ~pO square fO,<;>t, floor ~,?~Qn)Jjl) and 2,840 square feet of . floor area on Lot "B," The information specific to exact allocated FAR as 5 . r'; fl ATTACHMENT C -' 71'7 \\!, ,-1\LL.l::.,,!I'IE. 1..0T =-'12.\0 '7Q..FT '?1'7 IV, (,ll.t..e'7fl\:... 1:::R\C,\ ~t>.l LOT Al.-l,O\\lI-\I7LE. Pf-.\~ - 4-oQ3 SQ,I'T, ' \...01 A LOT B A LLO\\I, FAR, i\LLOW, FAR ::: '28 ?:B SQ, n "" ?84-V'7Q.H TOTAL-~40<J3 '7'i',FT. ioTALoo 13'10"18 5Q,t'T, -- i7 UPLEX LOT 4-09"7 ~ ALLoWAf';> Lc. ft=.~ lAN\7 USE COPE:- '7 PUT LoT ,509BItI ALLO \\1 A \~/1...E.. Pt~ 7\'fl.-I"'F- \\t\c.\-AO, (AnACI-\, A') 50981/1 - 4-0 CJ 'S A..= irbosrtJ c. cot.. L\ k\ '? 0/31jol /'t t""'I , , ~ , ,/ :et "1se :ttti(Jtt J ere~"1 '/$ernstein btO W. 1{(Jrtft. :3t. Ibfen,~() (' ~ (') .. ...';; ,'. r'\ o ' -yo: , E..". ~:;:_', ~,." -;;0 t ~~~ '\1"r -'- 0., .->- 1(, .{/.~ -Ji ~ C~:"Q cP ~% <';0 '-c. r'" & .~Z; 0 fI':/' OZ 0 ,'iI,{\ .....J -- 0'" :::c:.: , in ...,. ;,;.~- AprilS, 2001 RE: SIS W. Gillespie - Beck Application Dear HPC Members: We have been following the progress of our neighbor's application at SIS W, Gillespie, We have not attended any meeting on trus because we do not have any complaints or praises about it. While we are not excited about the prospect of having a property that presently has one house on it to be split to allow three houses, we understand that this complies with City codes, We are generally supportive of the idea of allowing more density in urban areas instead of rural areas, We are also very supportive of historic preservation efforts, We are NOT supportive ofthe plan to allow this property to have the setback variances that have been requested on the east side, west side and rear yard, We believe that the code is accommodating enough as it is, This property will already be "maxed-out" without granting it further reductions in setbacks, We understand and support the rational to allow this project to be granted approval for Landmark Designation and Historic Lot Split. There is no sound n~ason to allow setback reductions other that giving the new developer more profit, Thank-you for considering this, Elyse Elliott & Jeremy Bernstein , , , , ("I, ~ April 11, 2001 ~>.' ~ f(,' 'c'" ~ "'\.. ""~ ", -'1'''. I ';~iffi<,'.i v'"'''h. <.k> ,7 -", ~~:'~:" v....;,~ :I.~:' " "':"'~ t)'''''''\>iJ.' V. ""*""0' '>, ,,~-"" "'-~$') '" .:<; r <<"9,.- 'U.n :(:'.~ ,'.;;?.. 'y \?,,,:/}- (..;\:-~ <1'" ''<,/1'''' ., Fred Jarman Aspen Community Development Department 130 S, Galena Aspen, CO 81611 RE: 515 W. Gillespie - Beck Application Dear Fred: Thanks for taking the time to discuss this application with me today, Enc1os~ is my letter to the HPC, I would appreciate it if you would give this to them, I will be out o:C town for the meeting on April 25, 1'11 be back in town on May 1. If you get a chanc.~ could you please let me know the outcome of the meeting, especially the setback variances, My phone number is 925-3527, Th~, ElYSeE~ ! /""'; ~ Neil and Pamela Beck 3366 C Yz Rd, Palisade, CO 81526 August 3, 2001 Ms, Suzannah Reid, Chairperson Aspen Historic Preservation Commission City of Aspen 130 S, Galena Street Aspen, CO 81611 RE: 515 W, Gillespie Street -Final Review / PUBLIC HEARING Dear Ms, Reid, This letter is a request to you, as the chair, and to the membership of the Aspen Historic Preservation Commission to approve the Final Design Approval for the relocation, partial demolition and renovation of our historic home at 515 W, Gillespie Street at your August 8,2001 meeting, This house was built in the 1880's at 100 West Hopkins Street and moved to its current location in June of 1971. The Beck Family has always lived in the house, Over the years, the family has maintained the house in keeping with its historic value, although it was not always possible to remodel the house and its surrounding property as authentically as would have been liked, A small addition was attached to the rear of the house so the family could have indoor plumbing, The unattached garage was built for utilitarian purposes, Now Mr. Randall Bone would like to perform a quality restoration of our home, The less authentic changes that have been made in the past will no longer exist. Both the addition on the back of the house and the unattached garage will be removed, The scale of the house will remain the same and there will be only a small addition made to the house, The total allowable FAR will not be used, Relocating the house to the western side of the lot will enhance its historic value, Mr, Bone's plans for our home have been carefully and sensitively prepared, He wishes to enhance the historic value of the house and to promote its Victorian value, There are many homes in the West End of Aspen which sit vacant for much of the year. They do not contribute to the neighborly aspect of the area, nor do they portray the friendliness of a house that is lived in full time, Mr. Bone and his wife look forward to making this renovated house their home, They intend to be a part of the neighborhood and to enjoy and to contribute to the community, It is in the best interest of all to allow them to move forward with their plans immediately, !'"1 ~ l Werner Knurr Goldie Knurr 603 W, Gillespie Street Aspen, CO 81611 9701 920-4597 Jeff Jarman AspenlPitkin Community Development Department 130 S, Galena Street Aspen, CO 81611 October 6, 2000 Re: 515 W, Gillespie Historic Lot Split Dear Mr, Jarman: We are adamantly opposed to splitting the property described as Lots 4-6, Block 99, Hallam Addition, of the City and Townsite of Aspen, As neighbors and residents ofthe West End we oppose this split for the following reason: 1, A lot split will crowd the property changing the character of the block. 2, It would negatively impact the neighbors, 3, Detailed plans for the property should be submitted to the Committee prior to making a determination on whether or not to split the property, 4, We fear that the West Gillespie property may be developed similarly to the property at 735 Bleeker Street, which is crowded, massive, congestion producing, and unsightly. It has destroyed the ambiance ofthat block. Unfortunately, we will be out of town for the scheduled meeting, else we would have been there to register our complaint. We have written to you because we feel very strongly that this Historic Lot Split should not be granted to Neil and Pamela Beck. Thank you for your time and consideration, Sincerely, ;J-,,-- (C_~ ~ /~Jt<i)c~ k~ ~r~er Knurr Goldie Knurr ":" -""..., I""', consortium r'1 d architects pob 3662 Aspen, CO 81612 970 925 6797 LETTER OF TRANSMITTAL I FROM: F.:r.~,(t~?E!:D.?n...................................................................................................."............,....,....................................................... '3:~,I,!y...!?,~J>.e~............................................................................................................................................................,.................... TO: FAX # .................................................................................................................................................................................................................... PAGES: ..................................................................................................................................................................................................................... DATE: ~p.r.!,u.?,!..?.QQJ..........................,..............................................................,......,..........................................."............................... RE: Enclosed is our submission to HPC for conceptual approval. Please find: - letter detailing changes made to this submission from our previous submission in January - HPC As built package - HPC Conceptual design package .. HPC1 - streetscape drawing of 515 Gillespie .. HPC2 - potential site build out - HPC3 - proposed build-out wI new homes on newly created lot 'B' Thanks, ?- Rally --"----------~--..~._.~--"----_.._-~ '!." ... -,""",,-'"- l"">- i ("1 consort u m architects pob 3662 Aspen, CO 81612 970 925 6797 MEMORANDUM TO: Fred Jarman ................................................................................................................................................................................................................... FROM: 13~,I,~y...p.,~,!?.e~.............................................................................................".................................................................................. 6.P.[!.!..~,...?Q,Q.1..............................................................................................................................................................."......,......., g,~,?!:Ig,~~..f.[9.,!!l...P.[~.Y.!9.,!-!.~..l::!e,9...~!:',~~,i.t~~.!......................................................................................................., DATE: RE: Here is a list that includes the changes made to this conceptual HPC submittal (April 25, 2001) from our previous conceptual HPC submittal: Site Plan: . 1, The new Odem parcel is shown ,/ 2, A patio has been added to the south of the house 3, Garage side yard variance is requested 4, There are lot line changes - it has moved and is now more straight 5, The historic home is relocated Elevations: 1, The south elevation windows @ the living room are larger 2, The south elevation roof plate height is taller @ the living room 3, The window on the east wall @ the living room is taller Plans: 1, The east side window well moved back to comply wi residential design standards 2, The west side window well is slightly larger to comply wi USC requirements 3, The roof plan shows new drainage crickets for the taller roof @ the living room 4, The garage is smaller FAR.: 1, There are new lot size calculations 2, The Collins' lot line dispute is removed from FA.R, calculations 3, There are new FA.R, totals allocated for each lot 4. There are new lot split FAR. calculations -Rally ,....."...",'"",.,~.;..,."-,...."'. t""\ f) 515 West Gillespie Historic Project Proposal To: The City Of Aspen CC: Rally Dupps Derek Skolko Fred Jarman Date: July 23, 2001 Subject: Authorized Representative for 515 West Gillespie From: Randall Bone This letter will serve as notice to the City of Aspen that Derek Skalko and Rally Dupps are authorized to represent me (Randall Bone, owner) in the process of obtaining Final Design Approval for the Historic Renovation on Lot A of the property Lots 4,5 and 6, Block 99 of the Hallams additional to the City and Townsite of Aspen, Pitkin County, Colorado, also know as 515 West Gillespie, Derek and Rally are hereby authofized to pursue Final Design Approval of the home as submitted in the application and plans by Rally Dupps, Changes to the plans necessary to. obtain final approval may be authorized by Rally Dupps, I acknowledge that he cannot testifY in the hearing, so Derek will have to coordinate with Rally during the meeting as necessary in order to accomplish such approvals for changes, Please accept my apology for not being able to attend in person, I will be on my honeymoon, Thank you in advance for you assistance and cooperation in this matter. Randall Bone Date ;' !.< 1*"\ n " ASPENIPITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION OF SECTION 26.480.030(A)(4)(c) JURISDICTION: City of Aspen APPLICABLE CODE SECTION: Section 26.480,030(A)(4)(c): The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure, APPROVED JUL 1 7 ZOOl COMMUN\T'i DEV"CvC'"oi< I v,KCC10f1 EFFECTIVE DATE: C\1YOFASPEN July 23, 2001 WRITTEN BY: Fred Jarman, City Planner APPROVED BY: ~ Julie Ann Woods, Community Development Director COPIES TO: Amy Guthrie, Historic Preservation Officer John Worcester, City Attorney SUMMARY: While the Land Use Code states that Historic Preservation Commission (HPC) variances and bonuses are only permitted on the "parcel" that contains a historic structure, this Code Interpretation determines that the HPC bonus of SOO square feet in FAR (or floor area), may be applied to the "fathering" parcel containing either the historic structure or a new structure, More simply, in the case of historic landmark lot splits, the term parcel is meant to be "fathering parcel." BACKGROUND: As a result of recent confusion regarding how the FAR (or floor area) bonus, which is awarded by the HPC, is allocated to newly created lots resulting from a historic landmark lot split, this Code Interpretation shall serve to further clarify the intent of the FAR bonus and its allocation to newly created lots as a result of a historic landmark lot split. It was not the intent to preclude alot split redevelopment from being eligible for the FAR bonus, The HPC has consistently awarded the additionalSOO square feet of FAR to the entire project, with the stipulation that "the total Far for each lot shall be noted on the subdivision exemption plat," This interpretation is intended to clarify this common practice, y t""'\ fl . DISCUSSION: The City of Aspen Land Use Code maintains a process by which applicants may conduct historic landmark lot splits, In order to qualify for a lot split, pursuant to Section 26.480,030(A)(4), the applicant must meet, in part, the following requirements: a. The original parcel shall be a minimum of nine thousand (9,000) square feet in size and be located in the R-6 zone district or a minimum of thirteen thousand (13,000) square feet and be located in the R-15A zone district. b. The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. c. The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. It is requirement "c" above, which is the subject of this Code Interpretation, Specifically, this requirement states", "HPC variances and bonuses are only permitted on the parcel that contains a historic structure." The following analysis shall clarify the intent and allocation of the FAR bonus, A. Intent of the FAR Bonus The intent of the FAR bonus (which can be of any amount up to a maximum of 500 square feet) was to offer property owners an incentive to landmark their property, Even though a property may be maintained on the City's Inventory of Historic Sites and Structures (the "Inventory"), the City of Aspen has provided incentives for property owners on the Inventory to further landmark their property, Once "landmarked", the property or project is eligible for certain incentives including the FAR bonus, if deemed so by the HPC as demonstrating an "outstanding preservation effort" or having "significant merit," Pursuant to the Historic Preservation Design Guidelines (page 2), the HPC has the ability to award zoning bonuses to historic landmarks, including a floor area ratio (FAR) bonus, The FAR bonus is very valuable to some applicants, but is one that the HPC generally feels should only be awarded to projects of significant merit. Examples of instances when the bonus was granted by the HPC include: ~ When it is used as an incentive to retain a historic outbuilding on the site ~ When the parcel is larger than 9,000 square feet ~ When the project shows an outstanding effort to preserve or restore the historic structure ~ When it is used to create a historic landmark lot split '-' 1'"\ f""l 'c7 . In addition, the Guidelines also indicate (page 87) that the City provides several incentives (such as the FAR bonus) for residential property owners to divide the square footage that could be built on a landmark parcel into two separate houses in order to I) reduce the size of both buildings, 2) to reduce the size of an addition made to a historic house, and 3) to reinforce the original character of many of Aspen's neighborhoods, which had small houses on 3,000 square foot lots, B. Consistent Interpretation of FAR Allocation As indicated above, the historic landmark lot split is also an incentive for property owners to landmark their property, To date, the City has consistently maintained the method of FAR bonus allocation to mean that FAR allowed for a duplex on the parent lot / fathering parcel (with the FAR bonus, if awarded) be allocated by the applicant to either lot as desired, As stated above, lot splits are only available to applicants owning landmarked property where the original parcel is a minimum of9,000 square feet in size and is located in the R-6 zone district or a minimum of 13,000 square feet and is located in the R-15A zone district. It should be noted, the Land Use Code allows the applicant, by right, to have two single-family houses on a 9,000 square foot lot in the R-6 zone district without any land use review, Further, and also by right, the total FAR for two detached residential dwellings on a lot of9,000 square feet or greater (whether or not it contains a historic landmark) shall not exceed the FAR allowed for one duplex, For the following illustrations, assume there is an applicant that owns a landmarked house that is located on a 9,000 square foot lot in the R-6 zone district. Scenario 1 Scenario 2 Scenario 3 Historic House I @] Historic House I House I I I I @J Historic House House Lot A Lot B Scenario 3 is the exact same as scenario 2, except the lot is now split into two fee simple lots, The FAR bonus, according to the Code, must go to the parcel that contains the historic structure .. .. Scenario 1 shows a historic house on a 9,000 sq', ft, lot in the R-6 zone district. Scenario 2 shows what the applicant can do outright by the Code; that is creating two single- family houses on a 9,000 sq, ft, lot. Total FAR allowed for a duplex on this lot is 4,080 sq, ft, The FAR bonus could be allocated to either house within the confines of the "fathering" parcel. .. .. The FAR bonus would be used on this lot. Dotted line indicated a condominium arrangement '-0' 1""'\ r) . In the scenarios provided above, the applicant could proceed with scenario 2 and apply later for a lot split, regardless if aFAR bonus was allocated to either house because the Code maintains that the bonus goes to the "parcel" containing the historic structure, In both scenario 2 and 3, any development proposal for an additional house is reviewed by the HPC regardless if the house is owned in a condominium arrangement or in fee simple, Further, the total allowable FAR Is still allocated to each house in a way that does not exceed what that newly created lot is allowed, thus proving compliance with the underlying zoning, Given all this, the lot split simply offers the applicant a mechanism to sell the other house / lot in fee simple rather than enter into a condominium arrangement, Staffhas consistently maintained that the Far bonus could be applied to either house regardless if it is condominiumized or in fee simple ownership, In the past, Staff, the HPC, and City Council have allowed applicants to allocate FAR (including the bonus) to each newly created lot as desired, as the result of a historic landmark lot split, In effect, an applicant should not be "penalized" by requiring that the 500 sq, ft, bonus must be incorporated onto the lot containing a historic structure, This action is contrary to what the historic preservation program is intending to accomplish, That is to say, historic preservation projects / efforts are rewarded with incentives so that the City of Aspen may continue to maintain, as close as possible, real and tangible examples of its past. By allowing a project to "add on" or further compromise a historic structure as a reward is not what the preservation program intends to accomplish, The goal is to preserve as much of the historic house as possible, while allowing adequate FAR to be allocated to the new structure, As stated above, the FAR bonus is given for conducting a historic landmark lot split. In this light, lot splits are valuable because of the following reasons: a, Any and all future proposals involving either or both of the resulting properties will require HPC review and approval; b, The total allowable floor area on the property will be broken up between at least two, if not three, structures; c, The total FAR potential of the historic structure will be limited to a certain square footage thereby eliminating the potential for inappropriately sized and scaled additions to the historic structure, d, No one will be able to apply for additions that would seriously compromise the historic structure by placing all the additional allowable FAR on that structure; e, That square footage of the site's floor area expansion potential will be on the adjacent lot in a form compatible with the historic structure in terms of general scale, site plan, massing and volume; and, , .~ , t") t""\ '; ....../ Further, the program helps to further the community goals as cited in the following language from the Aspen Area Community Plan (AACP): a, Lot splits "allow and encourage greater residential densities within the original Aspen town site; allow easier subdivision of properties in the historic town site and allow for infill development," b, "a review of the existing Historic Preservation program to see how well it is working and to maintain and add innovative ways to make preservation work in Aspen, such as the lot split, property tax relief, and to study the impacts of the FAR bonus," c, The lot split "encourages returning to higher density development within the city limits where appropriate. " SUMMARY: Again, while the Land Use Code states that the HPC variances and bonuses are only permitted on the parcel that contains a historic structure, this interpretation determines that the HPC bonus of 500 square feet in FAR, may be permitted on the "fathering" or "original" parcel containing the historic structure in the case of a historic landmark lot split. Simply, in the case of historic landmark lot splits, the term parcel is meant to be "fathering" or "original" parcel. r'; f1 515 West Gillespie FAR Breakdown SUMMARY: Pursuant to a Code Interpretation regarding the 500 sq, ft, FAR bonus, the following project, the 515 West Gillespie Ave project may allocate FAR as shown below! Again, the interpretation that the HPC bonus of 500 square feet in FAR (or floor area), may be applied to the "fathering" parcel containing either the historic structure or a new structure, More simply, in the case of historic landmark lot splits, the term parcel is meant to be "fathering parcel. " PROJECT SPECIFICS Original parcel is over 9,000 sq, ft,: Yes, Lot Size is 9,210 Original Parcel is located in the R-6 Zone District: Yes, R-6 Meet the dimensional requirements of underlying zone district: Yes Existing Scenario Proposed Scenario .. -.-.-.-.-.-.-.-. , Historic , Historic ,< ! ' --., House " ,: House " -'-'-.-.-.-.-.-. LatA LotS Historic House Existing Scenario Proposed Scenario Lot Size: 9,210 Allowable FAR (duplex): 4,093 Existing House FAR: 1,856 Lot A Size: 4,639 (2,859 in FAR allowed) Lot B Size: 4,571 (2,840 in FAR allowed) FAR Allowed on Fathering Parcel: 4,093 FAR Bonus to Lot B: 500 Total FAR: 4,593 Allocated Far to Lot A: 1,753 (1,106 less than allowed) Allocated Far to Lot B: 2,840 Total FAR Allocated: 4,590 EXHIBIT H - Letter from Bill Bailey Regarding r'\ the Reloc~tion oCt5 Gillespie BiU Bailey, BAIL~'~~N~!~B~~VERS . Wm. G. 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FAR II 1i~ ,.1 RLE~" 970 925 6797' , Jul-30,01 4:48PM; Page 2/2 (") 0429 5.1". e'-o" eO'-.2" eo'-.2" )( e'~o" .. 641 5,1", 15"1 5.1". 15'1 S.F. / 65"1 S.F. (100) .. .24 SI6 24 % (429 S.l") II 102 S.l". 5els.l". Sel 5.1". ~ .2eo 5.!", .. ISI 5.1". / .2 .. 665.1". 102 S.l". ... 66 S.l". " 16e S.P. ~!30 5.1". ~'-o" 141'~10" 141'-10" · "1'-0" .. 1.211 S.l". 5'-:2" .. 5'-10' .. 11'-0' 11'-0" 111 6'-0' .. 665.1". 665.1". /1271 5.1". (100) .. 5% 5% ('ISO 5.1"; .. 41S.F. 121 S.l". ISO 5,1", - 12i 5.1". .. 295.1", ee.s 5.1". ... 2S S.F, .. '1oe S.1". Ii S.l". 606 S.f'. ... 11 S.F. .. 629 $.1". exeMPT 12 $.1", (L01^lERl .. 10 S.F (N5'I UPPeR> .. 142 S.F. 15% (411.2 S,FJ .. 611 S.f'. > 142 S.F. (eXeMPT) 116e S.f'. I \41 S.f', I l<'loe s.F.l 1629 fl.p,j 10 S.f'. J 41 s.!",... Ibe S.F.... ~oe 5.1"." 6:2e s.P~" li~ s.F.1 11~ 5.1", < 1156 S.F. AL..L-Oll'lAal.E :F.A.R. C.ALCULATIONS Sent By:lconsortiurn; 970 925 6797; Jul,30-01 4:48PM; Page 1/2 ~ (') ~:," t '0 nor t I U m . 1, ob 3662 ,CO 81612 '709266797 Le11'ER OFTRANSMITTAL I TO: Fred Jarm~.tI. .....M........................ ................... ...........".................................................... ..............n_........... .,-- .....,....................,...,........,...--....... DATE: Rallv Dunps ..,..,....',..,......,.......,..,..".."..".....",........'....,.....'..,"....,....".....,....,..........,......,....",.. ..........1...........1:........................................,.............. O 5439 .........................................-- ...... ~.f-...:,....,..............,....................,..,.......,...,..,'..,................,........,..,................,........'..,..,..,.."..,..,..,..... 2 'In' eluding this sheet ...,...........,..,....,_...."....,..."..,..,..,.........,......................,....,-,.........,..,..................,................, .......-................. ..................................... . , ! 30 2001 ,..........,..,....,--..........,..... ~.\;\!Y..........!,........_,........................................................_..,...................-...............................'..'....................' FROM: I'1AX#; PAGES: RE: 515 Gillespie FAR calc. .(, -j ~ ,: . , ! C'] consortium o architects pob 3662 Aspen, CO 81612 970 925 6797 LETTER OF TRANSMITTAL I FROM: f.r.~,9..J?EI!.1,?.rl"....P'!,?.,IJ,f:1~E.f.Qr...t.h!'l..9i,tY...9,f.,A,~.P.!'lD........................................................................................,.. F3:9.,I,Iy...~,lJ.P..P.~................................................................................................................................................................................, TO: FAX # .................................................................................................................................................................................................................. PAGES: .................................................................................................................................................................................................................. DATE: J.,I.J.ly...~,!..?.99.J.................................................................................................................................................................................. RE: Please find the following documents for the HPC meeting August 8, 2001: -7 copies HPC final approval 11x17 set -A 1,0 site plan -A2, 1 plans & FAR calculations -A2,2 plans -A2,3 garage plans & elevation -A3,1 house elevations The following are changes for Final HPC from conceptual: -South facing deck is slightly larger wi BBQ, -South facing elevation entry vestibule is moved west 5" -South new window in upper level is removed -New south elevation materials have been reversed - what was metal is now wood and vice versa -More windows on the south elevation are operable -Garage stairs are moved over to the west side -Garage roof is reversed and cut back -Garage is moved east along east side yard setback -Garage north and west window and door elevations have been changed slightly Thanks, -Rally r'\ ~ , j Neil and Pamela Beck 3366 C Y:z Rd, Palisade, CO 81526 July 14, 2001 The Mayor and City Council City of Aspen 130 S, Galena Street Aspen, CO 81611 To Whom lt May Concern: This letter is in reference to our application for an historic lot split of our property at 515 W, Gillespie Ave" Aspen. CO, Our home was built in the late 1880's by Neil's grandparents, Since that time, four generations of our family have lived in the house, Although the house was originally built at 100 West Hopkins St., we moved it to its current address on Gillespie in the spring of 1971, Our goal was to enhancethe historic value gfthe house by placing it in a more residential neighborhood, We personally have lived in the house since 1958, We have raised our four children there ,and have al~g enjoyed our grandchildrens'visitstl1ere just as our grandparents enjoyed our,y,isitsthere..; Over the years'wehavt;,~eeri very involved' in tlie community-particularly withclrildren's' groups, ihcluding Boy an,4 Girl' . .. Scouting, the Aspen PublicSchools and the}oU!).dingoftheAspel). Canipi~chool ForThe Deaf,. Additionally we have contributed many'hour~ of voltmteer time at Asperi.Vall<;:y' Hospital. We love being Aspen residents and have enjoyed living and being a part of the Aspen Community, However, we have decided that it is time to move on and tofind a new place to spend our retirement years, With the decision to move, we placed our home up for sale in November 1999, In mid- winter when we were in Mexico, we received a call from Michael Collins, son of Chick and Jan Collins, lt was my understanding that Michael.called Ilii on behalf of his family, The reason Michael called was to ask if we would consider splitting our lot, and sell a portion of the west side to them so his sister could build a home that would be close to their parents, Then we could list the east side of the lot and sell it ourselves, I suggested to Michael that he call our Realtor, John Thorpe, as we would only consider offers made through him, As a result of this conversation, I felt the Collins family had no objection to us splitting our lot, particularly if they could buy the portion of the property that they wanted. In August of2000 we were delighted to receive an offer to buy the house from Mr. Randall Bone, Mr, Bone and his fiance seem to truly appreciate the historic value of out home and are very anxious to live there. .' They want to makeourhriuse theirb.6me. They are young and just startingalifetogether, ;The:reforetho::y would lilee to be able tel 'split the lot; move the house to .the west side.and .then sell the e~ side ~s a s~cond lot. , , ; .' I .'., . ,,' . ",' -,: . '.! /' !. ',<....,...,' "~ '. '" '.. " Their efforts to do this have been met with resistan<<e from,.tvfr, and Mrs:, Collins from ihe moment they first went to the City HPC for approval of their proposals. . Mr,~one lidS' r., I} been flexible with his plans and has worked very hard with the staff at City Hall to be sure that his proposals meet the rules and guidelines of the City codes, In an effort to make the property more affordable to three families who want to put their roots down in Aspen, Mr, Bone proposed that the property be split into three parcels. This proposal was made at an HPC meeting in May of2001. The neighbors, particularly Mr, and Mrs, Collins, strongly objected to this plan and it was not carried forward, During the meeting when the three way split was proposed, Mr, Collins said he did object to the three way split but that he would not object any further to a two way split. That comment is recorded in the minutes of that HPC meeting, Mr. Bone's proposals have been before the HPC since September of2000, Mr. Collins has attended all of the meetings and has managed to get Mr, Bone's proposals tabled until another meeting, Finally the HPC approved Mr, Bones's proposals in June 2001-some , 10 months after they were first submitted, With that approval in hand, Mr, Bones's next step was to attain the approval of his historic lot split application from the Aspen City Council. His application went before the council on July 9, 2001. This application is completely within City codes and guidelines and has been approved by the HPC, Mr. Collins attended that meeting and got the application tabled to the July 23, 2001 Council meeting. This is in spite of the fact that Mr, Collins is on record from the May HPC meeting stating that he would not fight a two-way lot split. The application is being presented to you again at this July 23,2001 meeting. I would urge you to approve the lot-split application at this meeting. As it is drafted, it is legal and complies with the City codes and guidelines, It is not based on the quiet title action now pending, That action is in regard to three feet of the property which is not shown or included in the application. We have been delayed in this effort far too long. Please move forward with your approval of this application so that we may move forward with our plans for our lives, Most sincerely, 6 ~~. UP Z~~~Ck " /". ~, ,"" -," .''!~''7 r-.. 1\ County of Pitkin } } State of Colorado } SS. AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.304.060(E) I, ~D+<-- r ~-,vJL , being or representing an Applicant to the City of Aspen, personally certify that r have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: I. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid D.S, Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the iL day of "3 UA..e.- , 200J.. (which is 'S'5 days prior to the public hearing date of--:T l..N~ c; ). 2, By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the ~ day of --:;-4 v<e ,200.l., to the l day of ]" uG,t ,200 -L, (Must be posted for at least ten (10) full davs before the hearin date, A photograph of the posted sign is attached hereto. I ~ ~_ ~~:=-::.::~-= -_ --_._:.:u:-.::=~,-- . '~~_J ~~ ~-~~~~f C-~~S. _f. ~ Signed before me thiQ day of ~~ y : 200.1.. by y:-( --', ~~,~. WI1NESS MY HAND AND OFFICIAL SEAL My Commission eXllir,eii:. MY ~Ommlsslon &pires August 28. 2001 Notary Public KiM MAkE :J1S/<..VO ~(:.,iUtl ?";.~,;jic State or Cciorodo "", , ''''~o1<;l~''?''~" - y </ r'\ tj PUBLIC NOTICE RE: 515 WEST GILLESPIE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 9th, 2001 at a meeting to begin at 5:00 pm before the Aspen City Council, Council Chambers, City Hall, 130 S, Galena St., Aspen to consider an application submitted by Randall Bone requesting Landmark Designation and Historic Landmark Lot Split. The property is located at 515 West Gillespie and is described as Lots 4, 5 and 6 of Hallam's Addition, City of Aspen, For further information, contact Fred Jarman at the Aspen/Pitkin Community Development Department, 130 S, Galena St., Aspen, CO 970 920-5102, fredi@ci,asoen,co,us RachaeI E. Richards, Mavor Aspen City Council Published in the Aspen Times on June 23,2001 City of Aspen Account "" FRAZER WILLIAM R & JANE Z ~F AMIL Y mUST 433 W GILLESPIE ASPEN CO 81611 DURAND LOYAL III DR & BERNICE BLACK 4314FAWNCTRTl CROSS PLAINS WI 53528 WILFELDERNAOMI PO BOX 1165 ASPEN CO 81612 SALTER JAMES POBOX765 BRIDGEHAMPTON NY 11932 KNURR GOLDIE P & WERNER 603 W GILLESPIE ST ASPEN CO 81611-1242 GOLDSMITH ANDREW LUBIN II3 1344 N DOHENY DR LOS ANGELES CA 90000 ELLIOlT ELYSE A 610NORTHST . ASPEN CO 81611 MCCARTY DANIEL L PO BOX 4051 ASPEN CO 81612 STUNDA S1EVEN R 515 5TII ST ANNAPOLIS MD 21403 SMALL ALBERT H & SHIRLEY S 7116 GLENBROOK RD BETHESDA MD 20814 ~ KAUS PETER & EVA 8401 VISTA LN PRESCOTT AZ 86301 NORTIIFOURTIISTREET ASSOCIATES C/O MIKE CONVISOR PO BOX II ASPEN, CO 81612 COLLINS CHARLES & JANICE S PO BOX HH ASPEN CO 81612 BECK NEIL H & PAMELA 515 W GILLESPIE ST ASPEN CO 81611 HODGES ELAINE C 2020 S'MONROE #118 DENVER CO 80210 GOLDSMITII JOHN JOSEPH II3 73,3 25TH ST SANTA MONICA CA 90400 LUETKEMEYER JOHN A JR & SUZANNE F SCHREIBER EUGENE H & STANFORD 17 W PENNSYLVANIA A VB TOWSON MD 21204 MUSIC ASSOCIATES OF ASPEN INC 2 MUSIC SCHOOL RD ' ASPEN CO 8f6II-8500 NITZE WILLIAl\1 A \ I 53728TII ST NW WASHINGTON DC 20007 LEWIS ADAM C/O KA TIILEEN HONOHAN @NATIONAL CITY BANK 1900 E 9TH ST LOC 2030 CLEVELAND OH 44114 ~ PETERSON JAMES D PETERSON HENSLEY R POBOX 1714 ASPEN CO 81612 ODOM JOHN A JR ODOM LORRlE FURMAN 11490 W 38TII AVE WHEATRIDGE CO 80033 AARONSON JEFFREY C POBOX 10I31 ASPEN CO 81612 CHRIST EPISCOPAL CffiJRCR 536 NORTII ST ASPEN CO 81611 O'SHANA CATHY 108 ROBBINS ST OSTERVILLE MA 02655 ELGART ALICE CLARE GOLDSMITII 1/3 - 27 E 62ND ST 6TII FL NEWYORK NY 10001 MCCARTY DANIEL L PO BOX 4051 ASPEN CO 81612 ASPEN INSTITUTE INC 1000 N 3RD ST ASPEN CO 816II RlCHARDS ANN K 1537 28TII ST NW WASHINGTON DC 20007 HELZBERG SHIRLEY BUSH TRUSTEE QUALIFIED PERSONAL RESIDENCE mUST 5805 MISSION DR SHA WNEE MISSION KS 66208 . NIDSGRA VE MARJORY M ~ .629 W NORTH ST ASPEN CO 81611 r" GREENWOOD JIM 1035 W 57TH ST KANSAS CITY MO 64113 FOX SAM FOX MARILYN 11b'IFORSYTH BLVD STE 600 CLAYTON MO 63105 COHEN ROGERL 1035 W 57TH ST KANSAS CITY MO 64113 f) HOFFMAN JOHN L 1035 W 57TH ST KANSAS CITY MO 64113 .~k "4 n c) 515 Gillespie Historic Renovation To: Neighbors of 515 Gillespie CC: Fred Jarman Date: if<~CE~VED N1~ 111? 1&91 ASPEN I t'i I KIN COMMUNITY DEVElOP1,1ENT Randall Bone Subject: 515 Gillespie Proj ect From: Neighbors, Please excuse the delay in writing this letter to you but I have been working diligently since the last Historic Preservation Commission (HPC) meeting to revise the proposed project to come up with a feasible alternative that addresses your concerns as well as those raised by the HPC, I want to thank you for the time you took to be involved il1thedesignl?rocess, It was frustrating to me to hear your concerns after numerouspublichearings had been already held and I had already invested a great deal of time, energy and expense in the previous proposaL Frustrations aside, however, it is community involvement that has made Aspen the incredible place that it is, the place that I love to call my home, and I hope that the new proposal will reflect my commitment to this community and its residents. I also hope that I may have the opportunity to meet you all under less confrontational circumstances some day that may change some of the personal comments that were made about me at the hearing, The project revisions are as follows: . The lot will be split into 2 roughly equal size lots, . One lot will contain the historic Beck home which will be renovated and will be reduced slightly for its current size by replacing a recent non-historic addition to the rear of the home (the same plan for the main home that was presented at the last meeting) . The other lot will contain a single residence rather than the two previously proposed, (This appeared to be the main issue of contention with the previous plan) · The garage of the historic lot will be moved to the east side of the lot, away from the existing trees and the Collins home. . The new proposal will not require any variances (This seemed to be the second major issue of contention with the previous plan) I have enclosed a revised site plan of the new proposal which will be reviewed at the next HPC meeting on May 23rd, I sincerely hope that this proposal addresses your concerns and that you will come to the next meeting to support the new proposal or to voice any additional concerns which remain, rely, ~~ Randall Bone 117 Aspen Airport Business Center. Aspen, Colorado 81611, Telephone (970) 920-9911; Fax (970) 920-4433 -~ t"""'... c _) 61L.L.ESPIE 5T, A , eo" COTTOHrt::tOt) ~f"t.",l.NTOeeVBlll"leow d Nl5't5Tl!!1~5.RVe'r' 1-4" c:.c::rrr<C.11IOOOl . ~~Fl:~-~~"'--~o-rltl ~ -~ -- ----l i\ , -_L -, //, f "'''''' """'T"'" 1 " I -' -' ,II __ 1 I I II /.... __:'l____....r-..s- '-~--r--r 1 , -' -' '~II , , 1 I I I ,/"... I I I I 50..0"5ID!!!YI<<D+ I I ~/./ I I' ~ I I I ~II I / r 11"-_ "I II/: I I OITaiJ,.OreA"ON I I I ' / , , , , 14.CQTT~ I I ;j(:r-n I I (MOv'8:)). 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",10 ' "7 ' " t" ,I o 6)1 J"" , 010 c\I " 7 \ \ \ .-' \ / ,/'\ " ~ ,.../--'" <;- 1. \'" *'" \ "\\ \ ' \ j~ - <J 1; . (1gb!) 'H71l,S'l 'dv); )j'vQ:;J~B;;<O'l \ oi PROJECT: (""J LAND USE ApPLICA liON (') ]\lame: Neil and Pamela Beck 515 W. Gillespie Historic Lot Split Location: 515 W. Gillespie Lots 4,5,6 Blk 99 Hallamsaddition (Indicate street address, lot & block number, legal description where appropriate) ApPLICANT: ]\lame: Neil and Pamela Beck Address: 515 West Gillespie, Aspen CO 81611 Phone #: REPRESENTATIVE: ]\lame: R Address: 117 As en Business Cen er Suit 104 A CO 1611 Phone #: 970 920 9911 TYPE OF ApPLICATION: (please check all that apply): Q Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt, 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt, 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption @ Subdivision 4J Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane [X] Lot Split 0 Temporary Use 0 Other: 0 Lot Line Adjustment 0 TextlMap Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,) Existing historic home (inventory) located on the site. Non historic detached garage located on the site. Non previous approvals. PROPOSAL: (description of proposed buildings, uses, modifications, etc,) Relocate historic home on site and designate as hostoric. one 3,539 sf lot for the historic home and a 6,000 duplex lot. Split lot into Demolish garage. Have you attached the following? o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response to Attachment #2, Dimensional Requirements Form o Response to Attachment #3, Minimum Submission Contents o Response to Attachment #4, Specific Submission Contents o Response to Attachment #5, Review Standards for Your Application FEES DUE: $ ? L.Rn , r"\ , ATTACHMENT 2 .1) DIMENSIONAL REQUIREMENTS F~Kj~ Proj ect: Applicant: Location: Zone District: Lot Size: Lot Area: 515 West Gillespie Historic Lot Split and Conditional Use Duplex Randall Bone (Representative for Neil and Pamela Beck) 515 West Gillespie R-6 3.540 (515 Gillespie after split) 38x117 (irregular shape) q 1:)/,0 ~qll~ro. f~Qt' . .' . (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: Number of residential units: Number of bedrooms: Existing: Existing: Existing: o 1 Proposed: Proposed: Proposed: o 1 ~ 4 Proposed % of demolition (Historic properties only): OPercent (Garage is not historic) DIMENSIONS: Floor Area: Existing: 1,681 Allowable: 2,072 Proposed: 2,072 Principal bldg, height: Existing: 25 Allowable: 25 Proposed: 25 Access, bldg, height: Existing: 12 Allowable: 12 12 Proposed: On-Site parking: Existing: 2 Required: 2 Proposed: 2 % Site coverage: Existing: 15 Required: NA Proposed: 44 % Open Space: Existing: 85 Required: NA Proposed: 56 Front Setback: Existing: 13.5 Required: 10 Proposed: 10 Rear Setback: Existing: 17.5 Required: 5 Proposed: 9 Combined FIR: Existing: 31 Required: 15 Proposed: 19 Side Setback: Existing: 12.5 Required: 5 Proposed: 5 Side Setback: Existing: 37 Required: 5 Proposed: 5 Combined Sides: Existing: 49.5 Required: 10 Proposed: 10 Existing non-conformities or encroachments: Variations requested: Side yard setback at garage reduced from 5'to r RpAr YArn SpthA~k At gArAge reduce from 5-to 1- Garage will be set back 9-from alley with a parking easment across the 6,000 sf lot. (See attched plan) r-, 1""\ 'i 515 West Gillespie Historic Project Proposal To: The City Of Aspen <<: Randall Bone Date: August 28, 2000 SUbject: Authorized Representative for 515 West Gillespie From: Pamela and Neil Beck This letter will serve as notice to the City of Aspen that Randall Bone is authorized to represent us (pamela and Neil Beck) in the process of obtaining an Historic Lot Split on our property Lots 4,5 and 6, Block 99 of the Hallams additional to the City and Townsite of Aspen, Pitkin County, Colorado, also know as 515 West Gillespie. He is hereby authorized to pursue approval to split the property into an approximately 3,540 square foot lot for the historic home and an approximately 6,000 square foot lot with a conditional use for the development ofa duplex, The allowable FAR of 4,612 shall be allocated 2,072 to the historic home and 2,540 to the duplex lot. Thank you in advance for you assistance and cooperation in this matter, !lnuLtO~ &",-" Pamela Beck (]'30'oo Date ~J 0'00.00 Date Representative: Randall Bone 117 Aspen Business Center Suite 104 Aspen, CO 81611 Applicant: Pamela and Neil Beck 515 Gillespie Aspen, CO 81611 Phone: 970920 9911 Fax: 970 920 4433 Phone: 970 523 0262 ~~ Randall Bone ~/z"i;/oO Date r"l tl ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Relno" 1] Bone (hereinafter APPLICANT) AGREE AS FbLLbWs: (Reoresentative for Pamela and Neil Beck) I, APPLICANT has snbmitted to CITY an application for ~1~ Wp~r r,illp~pip Hi~toric Lot Sol it and Conditional Use Duplex (hereinafter, THE PROJECT), 2, APPLICANT understands and agrees that City of Aspen Ordinance No, 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness, 3, APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application, APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis, APPLICANT agrees additional costs may accrue following their hearings and/or approvals, APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon uotification by the CITY when they are necessary as costs are incurred, CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application, 4, CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission .and/or City Council to make legally required fmdings for project consideration, unless current billings are paid in full prior to decision, 5, Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 2,480 which is for ~ hou:s of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to. reimburse the CITY for the processing of the application mentioned above, including post approval review, Such periodic payments shall be made within 30 days of the billing date, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid, CITY OF ASPEN By: Julie Ann Woods Community Development Director APP~( K-- Randall Bone (Representative for Neil and Pamela Beck) By: Date: August 30th, 2000 Mailing Address: 117 Aspen Busines Center Suite 104, Aspen CO 81611 g: \support\forms\agrpayas.doc 12/27/99 ..... .M.... Ex.hibit COMMITME:Nr FOR TITLE INSURANCE ISSU};.))BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COM}> ANY, A Texas Corporation, herein called the Compauy, for valuable consideration, hereby commits to issue its poli<:y or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in SChedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed fOr have been inserted in Schedule A hereof by the CompallY, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of sucb: policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the poliey Or policies committed for shall issue, whi'chever first occurs, provided that the fuilure to issue such policy or policies is not tb.e fault of the Company, Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart TItle Guaranty Company has caused its corporate name and seal to be hereunto affixed by jts duly authorized officers on the date shown in Schedule A, STEWART TITLE GU~ COMPANY ~.~ Author-heel Countersignature - Chu:k Dom STllWAAT mLE OF ASP5N, /NC. Asen'ID R06011A ONlo, No, OOO~7409 '. Order Nutnher: 00027409 ro.., I':,' SCHEDULE A /"""<i, , y 1. Effeclivedate: July 12, 2000 8.t 7:30 A.H. 2, Policy or Policies to be issued: (a) A.L.T.A. Owner's (Extended) Proposed Insured: RANDALL .BONE Amoum of Insurance $ 2,150,000.00 (b) A.L. T.A. Mongagee's $ Proposed Insured: (c) Leasehold Proposed Insured: $ 3, The estate or interest in the larui described or referred to in this Commitment and covered herein is :tee simple 4. Title to the ~ee simple estate or tnreresr in said larui is at the effeaive date hereof vested in: PllHELA L. BECK and NEIL H. BECK 5. The land referred to il:l this Commitment is described asfollows: Lots 4, 5 and 6, .Block 99, HALLAMS lIDDITION TO XHE CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STllXE OF COLORADO STATEMENT OF CHARGES These charges are due and Pt:lJ1ahle bifore a Policy can be issued. O~.ner:s' Prsllrium Form 110.1 (O~ne<) Tax certificli:ee $3,446.00 $ 10.00 $ 10.00 OF ASPEN, INC. o. 81611 -- ...... Authorl:t.ed Countersignature - Chuck Do<n ". r"\ SCHEDULE B Section 1 Order Number: 00027409 REQUIREMENTS 1he following are the requirements to be complied With: ltem (a) Payment to or for the aCCOUnt of the grantors or mortgagors of !hefMl consideration, for the estate or interest to be insured. Item, (b) Proper insrrumem(s) creating the estate or in.terest to be msured must be exectued and duly filedfor record, to wit: 1. Release of Deed of T~st dated September 24, 1999, eXec~ted by Pamela L. Beck and Neil H. Beck, to the Public Trustee of Pitkin COunty, to Secure an indebtedness of $500,000.00, in favor of Alpine Bank, recorded September 30, 1999 as Reception No. 436137. 2. Evidenee satisfactory to StewaZ't Title GuaZ'enty Company, furnished by the Office of the Director of Finance, City of Aspen, that the follOwing taxes have been paid, or that Conveyance is exempt from said ~4~es: (1) The "WheeleZ'Real Estate Transfer Ta:Jl" pursuant t.o OZ'din<ance No. 20 (Series or 1979) and (2) The "Housing Real Estate Transrer Tax" pursuant. to OrdinanCe No. 13 (Series of 1990). 3. Deed from vested owner, Vesting fee simple title in purchaseZ'(s). 4. A. Certificate of non-foreign status, duly executed by the Se11er(s), pursuant to Section 1445 of the Internal Revenue Code AND B. SatiSfactory evidence of the sel1er(s) Colorado residency (or incorporation) pursuant to Colorado HOUse Bil~ 92-1270. NOTE: Se~tion 1445 of the Internal Reven~e Code req~ires Withholding of tax from saJ,es pro~eeds it' the transreror (seller) is a t'oreign person or entit.y. CO~orado House Bill 92-1270 may require withholding Or t.ax rZ'om sales proceeds it' the seller(s) is not a Colorado resident. Detai~ed information &12a Forms are available rrom St.eWart Title. 5. Indemnity <and Mridavit as to Debt.s, Liens and Leases, dUly executed by the buysr and seller and apprOved by Stewart Title o:f Aspen, Inc. 6. Improvement Surveyor the subject property, completed in the last six mOnths approved by Stewart. Title of Aspen, Inc., thi.s SUrlfey is to be ret.ained in the :files of Stewart Tit.1e of llspen, Inc. and Stewart Title o:f Aspen, Inc. reServes the right. to add rurtheZ' requirements and/or exceptions to thi.s C01l/mitment upon recei.pt. of said Survey. r\ ...... '....., "-'-- SC'fIEDULE B Sectioll 2 ".................... - < ' Order Number: 00027409 ~ EXCEP110NS The policy or policies to be issued will contain exceptiolls to the following Il1lless the same are disposed of 10 the satisfaction of the Company: 1. Rights ar claims of parties in possession, /lot shown by the public records, 2. Easemtmts, or claims of easements, llot shown by the pllhlic records. 3. Discrepancies, conflicts in bOUndary lines, shonage ill area, encroachments, and any facts which a correct survey 01Id inspection of the premises would disdose and which are not shown by the public reCords. 4, Any lien, or rigm /:() a lien, jor services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, 5. Defects, liens, encumbrances:, adverse claims Or other marters, if any, created, first appearing in the public records or attaching subsequtmt to the qJective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented minmg claims; reServations or excepti01l$ in paCellts, or alL act authorizing the iSSUahCe thereof; water rights claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales, 8.. R.ight of the propri.etor of a vein or lode 'to ext:race and remove his ore there~rom, should the same be found to penetrate or intersec:t the premises hereby granted, as reserved ~n ~nited States Fatent recorded June 8, 1888 in Book SS at Page 2 as Reception No. 24412. 9. Z'his c01lt11lit:.ment is C:On:tingen,t upon rev~ew and approval by the underwrJ.ter" Stewart Title Guaranty Company, whiCh reserves the right to make additional reguiremen'ts and/or excepti.ons upon review.. NOTE. A copy of this commitment has been submitf:ed t;o the underwri:l;er. This exception will be delef;ed upon receipt; o~ UnQerwriter approval. NOTE: Provided 'that Stewart Z'itle of Aspen, Inc:. records the dOcuments or Conveyance in ebe PCOposed ~ran$aa~ion ehe s~a~us oL ~itle wiXl be upaa~ed zrQm the time of 'this COmmitment eo the time o~ said recording. Ir said update reveals int;ervening liens or changes in the status of said title appropriate action(s) will be taken to disc:lose Or eliminate said change prior t;o the record~ng of said documents. Iz said update reveals no intervening liens or changes in the status of title, Exception NO. S above will be delet;ed. NOZ'S: Policies issued hereunder will be subject to exclusions set zorth in the ALZ'1l 1992 Policy form. Policy Jacket;~ set~jng forth said texms; aondltlons made ava~lable upon request. ~he terms, condieions, and Copies of the 1992 zorm and exclUsions, wilL be ......-..........., " .....,'- ........." .....,\"""'-,,....... - ,. 11V. .....t...t... I.W I r DISCLOSURES t) f""\ Pursuant to C.R,S. fO-ll-l22, notice is hereby given that, (A) THE SUBJECT REAl.. PROPERTY MAY BE LOCATED IN A SPEcrAL TAXING DISTRICT; (B) A CERI1FICATE OF TAXES DUE LISTING EACH TA.XING JURISDICTION SHALL BE OllTAlNEt) FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZE]) AGENT, (C) INFORMATION REGARDING SPECIAl.. DISTRICTS AND THE BOUNDARlES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance RegulaciO:ns 3-5-1, Paragraph C of Article VIr requires that "Every title entity shall be responsible for all matters which appear of record prior to th~ time of recording whenever the titie entity CondUCls the closing and is responsible for recording or filing of legal documtlnts resulting from the transaction which was close<!, " Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for reCording the legal documents from the transaction, exception number 5 will not appear on tbe Owner's Titl~ Policy and tbe Lender's Tille Policy when issued. Note: Affirmative Moehanic's Lien Protection for the OWner may be available (typicaUy by dolelion of Exception No.4 ofSche<!1I1e B, Seelioll 2 of the COmmitment frolD the Owner's Policy to be issued) upon COmpliance with the following conditions, A. The land described in Schedule A of this cOmn1ilm~nt ltlUSl be a Single family residence, which ine1udes a condominil'lD or townhouse IIni!' B, No lahor or materials have been furnished by mechmics or materialmen for pUIposes of construction On the land described in Sohe<!ule A of this Commitment within the past 6 months. C. The Company mUst receive an appropriate affidavit iademnif)ring the Company against unfiled mechanic's and malerialm~n's liens. D. The company must receive payment of the appropriate premium, E. If there has been construction, improvements or major repairs undertaken On the property 1:0 be purchased, within six months prior to the Date of the COmmitment, the requirements to obtain COVerage for lIJIrecordoOd liens Will inclUde: disclosure of certain construclion information; financial information as to the seller, the builder and/or lh~ contractor; payment of the appropriate premium; fuUy executed Indemnity agreements satisfilctory to the company; and, my additional requirements as may be necessary after an examination of lbe aforesaid infonnation by the Company. No COVerage will be given under any circumslaJJces for labor Or materia! for Which the insure<! has contractecj for Or agreed to pay, NOTHING HEnEIN CONTAINED WILL BE DEEMED TO OllLlGATE THE COMl'ANY TO l'ROVIDE ANY OF THE COVERAGES REF:ERRED TO lI'EREIN UNLESS TlI'E ABOVE CONDITIONS AlU: FULLY SATISFlED. Order No, 00027409 biaclOS\lres (YSDI:>) Rev, 1 O/9~ ~ ,RUf. 1 ? ,l000 3: 5?PM/ 0l,1TE CITY BROKERS n ~ y.- II n pq.zIl""lOlf....D ""I! "'.x.. u.~""~"".. ''''--'.N '-",......... ~_ _...... (THi i.< ,:( ,,:,~i _, .. r.~ :,< iil ;...,':,'.."..'. '! II ",;::,: ," " ~I : .:.~ . ;'::~;r ! ~.~:~:';/ , , ?~ :";i: :~ . . ~ r. ;., C' (i~ ~:::'.:'; .'., ~'. ' i!.::; i:"; ~ .:'j: ': ""'..0< ." L;):j':."!l """'"".1 ' "I~i"" .. ~!'S;1' ':';" . ,i...~:,' !i::.;. I .,. r , I II IJ II t ,I I NO. 922 P.? -. -.-- . ." UNITED STATE.S OF AMEBICAT 0- ._~.____ t !C/A ___....... Cerlifiea,te No..''.. --f'.1I.,....._,..._.. To IlU to Wllom tlaO.o Praollh oahllll c.... GDQ'I'IKQI . ~~~~._-- ~_:..._,....",.._....."",.........,-....,.",-......",,-..,"..,-,-........,-"'-..-,..,......_",_......__"_..._"",,,,_,..,... I ~ General Land OfJM. of the Unttd stat.. e lJen~t. of th. &f'/4k,,, of tk8 Land Gift"" at, I =-~.~_.~~~~:::...~::! """"<ling ~o the 1J"auisions af the A.t if lJen4".... of ~he l.4tlt, of April, 1.8110, tmtitled ",I/,,,, "'ot maJdng funker pro. m."a,. for ~lt,e .ale, af tk8 Pu./iliIJ L,.>ula," aM the a~ 'U1Jp[.em:mtal t1wreta, for ~'~"f:.'"'''' ~""'~~~~~h ~~d~~~ ~7~~/'~:::' ~d/1A . ~'~~~'.7d.e..~'~ ~~~'~~j~~~, t:l~'~~'~~~~~7~ eaoo>vli7t4 to Me O/liCial Plat 0' tha 3ur.ell of tlul sa#. LtUUla, "et"meo$ ta tl", Gur..ral Land {}jJtoo by tho ' : S~""'!lor (}"",tnU, wkicl> .aU X'raotp ka~ b""n 1JurtJka.red b/l the .a;o$-"'.....-;;7_".....,_____.._..,...____,,........, ....-',....,---..,"',....,""',...--",.....---......,-",.......-,,.........,~,-..~-d(p.~--'-__,__..,',._,__",.....__.,' i,\ How allo..... Yo, That tlul United $taJes af .4moriea.. in OD>l8U."",#o,. of the 1J"emia8:1, and in C''''''arm.ity I , I, ;:;:: =:::::..':::::~~~":..":::: I an<l to..,m~...:....,,_h.ir.. the .aU:rr.u,~ aDa.. <la_eel.. To }fave and to ROld t~ ."""'" toAdhe" ww. o,ll I ~~~::a~~_~--=-~-.'::.::' and to....~...'-.heirll a7Ul. "'''€>>-a fare.er,. BrJ1Jjut ta anll ''S1ed and -...a water rijfkt. f"" m."'inf, api. cuZtlU'al, mo,nUj'adtui"'l! or afJun. 1JUil"pO''', and ~kt. ta rlttc1UJa aM Na61'lJDt1'.' U8ed tn ODnneetUm, with slUJh water r!.jfkt:J as m.ay b. recatn~ and a.ck1UJWlDdted by the u,cal ou.sta_, !aUla a7Ul. ~ of CDurta, end tUea BlJl<fect to the rttkt of the P"qp~or of a vein .r lad. to e:.t>'ad ana "emavo 'Ids .... thu-et'r-f1111.. BTwald the .am. b. found to 1>meh-at. Dr into"..t tha 1J"omi8ea ".rihll trantNl., a. 1J".'4Wl 011' law. In o:r...t!mOJ&7 W!l1l1'1Il0r, I,,~~~,",....,_,....___.1'r1llldBn1 of tho Un/tld 8latllll of !mfllilB, ha.. Dau.ed tke&e. lett61"ll t. bo made patont, and M. Seal af the (}"nera,l Land Of/l<;e t. oe 1i.,rou_ a1fio;ed. Gl'"a uJUi.n.(') 111.11 luma, 'F M. Ctt1J af 'WU'4tn.ft<m" tke,~_".._ tUty af..,,~kIu__,__..._, in the y...r if aUr u,>vl a1a4 tM!I.$a7Ul. eidkt ku7Ul."e4 anf"~""~-t't~..~ i"/;_a~tlul bui<J/l~ .,the United 8tattfl t""oMhu~Mld_.~~"..-- BY TllE P:RE$IDEJoIT:-..8~..~oL, BlI...._'1!.i.1",._Jdi;;, "ko n_~ /7l fJ"....... ____ f1 n ATTACHMENT 1 LAND USE APPLICATION FORM 1, Project name lOt? GIL-u:'S'PIf; ?I, 2, Project location C,IC, (;'ILJJ::"'>PIf= """, A,,-e:>'PEN. (" nW~o , ~ 4-~c." I P.>/...(")a- q4 (indicate street address, lot and block number or metes and bounds description) 3, Present zoning ?-"=> 4, Lotsize "IS?"! '5,F, 5, Applicant's name, address and phone number ~1-Jt>:g..j... %lN~, l~r;, 'tJ, p-:>t:t:=F,lL!SI2- , M::tPFAI (' r:J p,r{~ II ";4-4- _ D711 I ( 6, Representative's name, address, and phone number \2,NoJt/I'",U _ "'f31"'>'1-.lc (-z,c:-, \\1. P, L.FFj<:.j;:'(2. " ~]oJ.. r n ~ It, 1/ 64+ - nIl '7 7, Type of application (check all that apply): l Conditional Use Special Review 8040 Greenline Stream Margin Subdivision GMQS allotment View Plane Lot SpliULot Line Adjustment Conceptual SPA ...$..... Final SPA Conceptual PUD Final PUD ..lL TexUMap Amend, ~ GMQS exemption A Condominiumization_ Conceptual HPC Final HPC Minor HPC Relocation HPC Historic Landmark Demo/Partial Demo Design Review Appeal Committee 8, Description of existing uses (number and type of existing structures, approximate sq, ft" number of bedrooms, any previous approvals granted to the property) 11110 _cmJ~.; e<ll';ff /l1...\ '11\1= R2ll~ -t1\<=' P"c::',.k!.. ~1Dt=.N(F (z/'::>b7 "'F'l ,/'>,'!JD #.. 9;;P~ DE::l'1>.n::J.I.Co ""~F (;;2.l "or:) e.E6IPBJCF l~ A 2 ~l"-y ~I"'\~~ 'Hi'.M111f J,,,,,,e, iA~1 ~U'B"1>hl'l!; 1_'- - (;,~F \"" ;t.. lO/o.lE- 'f:1tO""'" ~-r- 'l'-OOF 'P,f1ILb/~\(. 1&c::'1) 1>6 "., ~ IIJ! "",""pLAI= g, Description of development application ~~C- I t<r '?I'Ll<!", /..AIoJj)M~ , 'OESv-'I.lm1DIJ, f'o~ ,\?""^,,"""'''~\, ~ "'I" ~ '&>'f..\'IC, , .p"""ttfrl...jpAAI\I_I't1DI.\ lJ.r1 - - { , I 1.F."..12- ~ "5>/OF!Vkf'..t> ~...a. v,'1'.I2.Ib.lJ(~ , -I\l=~c """""to I"=> 't1\ 11&= ~Al"'O""~r.l 'If/ l~nR. C~?E.S, "">.IF 1J&'b.1 b.\lI.lD~U.I'" w! It ~MJ!sU. MlbIi1~r-\ t'!l ~ rlF t'tlO'SE. 10, Have you completed and attached the following? X Attachment 1- Land use application form x Attachment 2- Dimensional requirements form - Response to Attachment 3 Response to Attachments 4 and 5 ~ , . f) ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Applicant: ~'N t:>N L \3f'>~B Address: 1~'6 \\/, p..f -;::;=y~. Zone district: 12-c:" , Lot size: "l5'3"1 '6,,,,", Existing FAR: \ '05G> ~,~. Allowable FAR: ""I\~ 'is.F, wi 60n '5.'!='. 1!>nI\lUS - 4-(,,12.- ~.F<. Proposed FAR: ~~'ZG <G. F. -r- \6';+ '5,1"', <= +J;7q <::>, F. Existing net leasable (commercial): t:$ I,.. Proposed net leasable (commercial): iJ / '" Existing % of site coverage: \'7. z. "10 01=' "'11;'3"1 6, f'. Proposed % of site coverage: \4-./ % DF "I"~"I -:!>, F. (IV 1 () DUPLFX; Existing % of open space: 9>'2.. '0 7n tlF "l.r;~"I ...; ,!", Proposed % of open space: et;;;?;,"/" t':>r="I';?,G\ '9 .~. ("'1/0 'DUPLEX) Existing maximum height: Principal bldq: 2.4-'-(,,11 Accesory bldq: lo'-o,t Proposed max, height: Principal bldq: 2-4"_ ~if Accessory bldq: ~'-9 II Proposed % of demolition: ~t.Jc..H>M.. 1'>Lt>(~: ~o % A-C-C-F.s<':>o~'f e>LDb: Existing number of bedrooms: t; t..-,....u.. &Ue..IlI'D(. t..;;Vt;!.. Proposed number of bedrooms: "5 Existing on-site parking spaces: '2. On-site parking spaces required: '2- k?PF") rrl , ~If,..,q (00% Setbacks Existing: Front: \""'_0 II Rear: \"/- 0 II Combined Front/rear: -;-;'-0" Side: 1':"-2.11 Side: ~1'-~1( Combined Sides: 4If' -Ir/l Minimum required: Front: IO'-(J1l Rear: S'- 0 k Combined Front/rear: 71/-0" Side: 1;':.-0" Side: ;'_0 " Combined Sides: /0'_0" Proposed: Front: lo'-ou Rear: 1'-0" Combined Front/rear: n'-/} It Side: C;'..()u Side: r/-oq Combined Sides: 10/_011 Existing nonconformities or encroachments: t;:>p.+..ft-.lME 17'~ Variations requested: "~Oll ?(1:lE 'fM?J) f 4'_0" ~ '(~ I l 'P~Nb "f::P~ (HPC has the ability to vary the following requirements: setbacks, distance between buildings, FAR bonus of up to 500 sq,ft" site coverage variance up to 5%, height variations under the cottage infill program, parking waivers for residential uses in the R-6, R-15, RMF, CC, and 0 zone districts) ^ n ,-, }..:<_ ....:........;.:.... .....< ': -,_... ....;. ....,.... .:.... .....>., ,........:..,.......::.,..:......... (........<-iI rllIlY@lIspeninfo.com, 02:2:.. r'M 12/12/00 -0700, 515 Gillespie Stre,-,, .fIle. ~fl To: rally@aspeninfo,com From: Joyce Ohlson <joyceo@cLaspen,co,us> Subject: 515 Gillespie Street Cc: Bee: Attached: Dear Rally, Please allow this letter to serve as an official response to you regarding your question on the applicability of the proposed amendments (re, house size) to the City of Aspen Land Use Code to the property located at 515 West Gillespie Street. Land use applications for 515 Gillespie St. have been filed with the City of Aspen Community Development Department for various land use actions requiring review and decision by the Historic Preservation Commission, The decisions on these land use applications have a direct bearing on the amount of floor area and the ultimate size, location and design of the structures to be built on the subject property, Based upon the fact that you have submitted applications, public hearings have been initiated for review and the decisions will specify the development standards (size, design and location) for the property, the applications will be reviewed under the regulations which are now in effect, These approvals will be in effect for the three year vesting time, If a completed building permit is not filed within that vesting time then those earlier approvals will be null and void .and new applications will be reviewed under the regulations in effect at that time, Should you have any additional questions, please feel free to cont<;lct me at 920-5062, I apologize for my lateness in responding and hope this information is useful to you and your client. Sincerely, '-- -"-.. Joy A. Ohlson Deputy Director of Community Development Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1 {'\, , () To: Fred J armin HPC cc: Date: October 12, 2000 Subject: 11/8 HPC Meeting/Notices: 515 Gillespie From: Randall Bone Fred, Below are the things that 1 would like to accomplish in the November -k th HPC meeting, They should be reflected in the new public notice as well as the agenda. L Work session on layout of historic renovation and layout of new homes as proposed by Susan, This should be first since it will preface many of the subsequent decisions, 2, Historic Designation / 3. Historic Lots Split / 4, 500 SF FAR Bonus / 5 . FAR Allocation between the lots' 6, Duplex conditional use on Lot B }. , ~ l' \ \ r:: ,\-",\ l I ~' /1.:,' { '1 r; Please let me know if this is acceptable and how my public notices in the mail and on the building should read. Thanks, ~~ Randall Bone 117 Aspen Airport Business Center, Aspen, Colorado 81611, Telephone (970) 920-9911; Fax (970) 920-4433