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HomeMy WebLinkAboutagenda.hpc.20140326 ASPEN HISTORIC PRESERVATION COMMISSION REGULAR MEETING March 26,2014 CITY COUNCIL MEETING ROOM 130 S. GALENA ASPEN, COLORADO SITE VISITS: Please visit the sites on your own 5:00 INTRODUCTION A. Roll call B. Approval of minutes- March 12, 2014 C. Public Comments D. Commission member comments E. Disclosure of conflict of interest(actual and apparent) F. Project Monitoring G. Staff comments H. Certificates of No Negative Effect issued I. Submit public notice for agenda items OLD BUSINESS A. None NEW BUSINESS 5:10 A. 420 E. Hyman Avenue- Final Major Development and Commercial Design Review, PUBLIC HEARING 6.00 B. 417 and 421 W. Hallam Street— Correction to Historic Designation, Conceptual Major Development, Demolition and Variances, PUBLIC HEARING WORKSESSIONS A. None 7:10 ADJOURN TYPICAL PROCEEDING- 1 HOUR, 10 MINUTES FOR MAJOR AGENDA ITEM,NEW BUSINESS Provide proof of legal notice (affidavit of notice for PH) Staff presentation (5 minutes) Board questions and clarifications (5 minutes) Applicant presentation(20 minutes) Board questions and clarifications (5 minutes) Public comments (close public comment portion of hearing) (5 minutes) Chairperson identified the issues to be discussed (5 minutes) HPC discussion(15 minutes) Applicant rebuttal (comments) (5 minutes) Motion (5 minutes) *Make sure the motion includes what criteria are met or not met. No meeting of the HPC shall be called to order without a quorum consisting of at least four (4) members being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote of a simple majority, but in no event less than three (3) concurring votes of the members of the commission then present and voting. PROJECT MONITORING- Projects in bold are currently under construction. Jay Maytin 518 W.Main-Fornell 435 W.Main-AJCC 204 S. Galena 920 W.Hallam 233 W.Hallam 507 Gillespie 1102 Waters 420 E. Cooper Lift One Nora Berko 332 W.Main 1102 Waters 1006 E. Cooper 602 E.Hyman Sallie Golden 206 Lake 114 Neale 534 E .Hyman 517 E.Hyman Willis Pember 204 S.Galena Aspen Core 514 E.Hyman 624 W.Francis Patrick Segal 204 S.Galena 623 E.Hopkins 701 N.Third 612 W.Main 624 W.Francis 206 Lake 605 W.Bleeker Holden Marolt derrick John Whipple Aspen Core 208 E.Main 201 E.Hyman 420 E. Cooper 602 E.Hyman Jim DeFrancia 414 E.Hyman M:\city\planning\hpc project monitoring\PROJECT MONITORING.doc 3/20/2014 Ad MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner RE: 420 E. Hyman Avenue - Final Major Development and Final Commercial Design review, Public Hearing DATE: March 26, 2014 SUMMARY: The applicant is proposing to demolish the existing two story building and to construct a new three story building. The building currently contains commercial and free market residential uses and is proposed to comprise commercial, free market residential and affordable housing uses. The property is about 3,009 square feet in size and is located within the Commercial Core Historic District. BACKGROUND: On July 25, 2012, HPC granted conceptual approval for the proposed project including a third floor that is 38 feet high which meets the 38 — 42 feet height limit in the Commercial Core. HPC denied the request to increase the height to 40 feet considering the adjacent historic landmarks to the east. HPC was concerned about the impact that the material palette could have on the mass and scale, and added a condition of approval that mass and scale shall be addressed during Final Review when the materials are finalized. In addition, HPC granted approval for off-site public amenity for the required 10% (300 square feet) subject to review by the Parks Department. This request has changed to either off-site public amenity or a request for cash in lieu payment for public amenity. During call-up procedure on August 27, 2012, City Council remanded the application back to HPC to resolve the mass and scale of the project at Conceptual Review rather than during Final Review. Council expressed concerns about what was at the time a proposal for glass as the primary exterior material, and the potential lack of compatibility of the design with the Historic District. On November 14, 2012 HPC re-reviewed the project and approved the mass and scale for Conceptual Review. On May 21, 2013, the Planning and Zoning Commission (P & Z) granted growth management allotments for the increase in commercial net leasable area, growth management review for multi-family replacement and the development of affordable housing, and a recommendation in support of subdivision review. During the June 11, 2013 P & Z meeting, members of the Commission expressed concerns about the proposed glass fagade and their ability to review the architecture. On September 9, 2013, City Council granted subdivision approval for the project including a condition that Council has the ability to call up the project after HPC grants Final design review. APPLICANT: John Martin, represented by Charles Cunniffe Architects 1 PARCEL ID: 2737-073-39-020 thru -027; and 2737-073-39-801 ADDRESS: 420 East Hyman Street, Lot O Block 88, City and Townsite of Aspen. ZONING: CC, Commercial Core, Historic District Overlay. CHANGES FROM CONCEPTUAL APPROVAL: The form of the project is slightly different from the HPC Conceptual approval in the following ways: 1. A front door leading to the second floor was added to the Hyman Ave. elevation. 2. The second floor breezeway along the interior alley was eliminated. 3. The third level floor plan was slightly changed by extending the deck along the interior alley The applicant has restudied all of the exterior materials and features. 26.415.060.3.c.2 Approval of a conceptual development plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the conceptual plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the final development plan unless agreed to by the applicant. If the applicant chooses to make substantial amendments to the conceptual design after it has been approved, a new conceptual development approval hearing shall be required,pursuant to Section 26415.070.D.3. Staff finds that the proposed changes described above are insubstantial and do not require a new conceptual design review by HPC. The proposed changes better meet the design guidelines: historic mixed use buildings typically had a separate street facing door to access the upper floor. Pushing the second floor out to the property line along the interior alleyway is similar to traditional historic massing, and extending the deck on the third floor increases the setback of the third floor mass along the interior alley. Staff is supportive of these changes. Materials are discussed below. FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW Major Development and Commercial Design review is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. The procedure for Final Major Development Review and Commercial Design Review is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This 2 report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the design guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. For new development in the Commercial Core Historic District, the guidelines found in the 2007 Commercial, Lodging and Historic District Design Objectives and Guidelines along with relevant preservation guidelines within the City of Aspen Historic Preservation Guidelines are applied. Commercial design review must address the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the facade of the building may be required to comply with this Section. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. STAFF RESPONSE: A list of the relevant Commercial design guidelines is included in the application. Historic Preservation Guidelines to consider are listed at "Exhibit A." Final review focuses on landscape plan, lighting,fenestration and selection of new materials. Landscape plan: A landscape plan is not proposed as there is no place for landscaping. Lighting: A lighting plan is included in the application as sheet EL 2.1. Simple recessed downlights are proposed for the project, which Staff finds to be appropriate for the new development. 3 Fenestration/ Materials/ Details: Originally, the applicant proposed a primarily glass building. Since HPC conceptual review, the materials and window pattern has evolved. The current proposal includes mostly glass on the first floor with butt joint glass panes and thin steel mullions as shown in Exhibit 15 of the packet. A more traditional punched window openings with elongated brick is proposed on the second floor. The actual color of the brick is yet to be determined. Spandrel glass is proposed as a header atop the second floor windows along Hyman Ave. and a portion of the interior alley. A steel panel lintel is proposed below the windows. The recessed third floor is mostly glass- clear glass along the front facade wrapping around to the interior alley and frittered glass for the back half of the third floor including the rear elevation. Exposed steel I-beams above the first floor mimic a traditional belt course. A louvered metal screen is proposed for the rooftop mechanical equipment. Staff is supportive of the direction that the design is headed and is supportive of the proposed materials, but has some concerns. The applicant plans to bring material samples to the HPC hearing which may answer some of Staff s concerns. 1. The building seems a little top heavy with the almost entirely transparent first floor. Historic buildings in the Historic District typically have large storefronts with ample windows. Corner historic building typically have either corner entrances or a solid column. Staff is concerned that the lack of a corner post or something similar unbalances the architectural hierarchy described in Guideline 6.38 by creating a top heavy building. 2. The second floor windows and the spandrel glass application could better meet the guidelines by being more consistent with one style. Staff appreciates the different styles, but there are too many different window types, sizes and styles proposed on one building to meet Guideline 6.40 3. Staff is concerned about the spandrel glass on the second floor in that it essentially removes any feeling of a cornice or cap to the second floor level as described in Guideline 6.38 and 6.40. 4. The size of the proposed brick module, and the color of the brick need to be reviewed for their relationship to surrounding historic buildings. 6.38 Buildings should be designed to reflect the architectural hierarchy and articulation inherent in the composition of the street facade. All of the following should be addressed: ❑ The design and definition ofthe traditionally tall first floor ❑ The proportions of the upper level fenestration pattern ❑ The completion of the sheer street facade(s) with capping cornice or other horizontal modeling 6.40 Maintain the repetition of similar shapes and details along the block. ❑ Upper story windows should have a vertical emphasis. In general, they should be twice as tall as they are wide. ❑ Headers and sills of windows on new buildings should maintain the traditional placement relative to cornices and belt courses. 4 6.60 Building materials should have these features: ❑ Convey the quality and range of materials seen historically ❑ Reduce the scale and enhance visual interest • Convey human scale • Have proven durability and weathering characteristics within this climate 6.62 A building or additions to a building should reflect the quality and the variation traditionally found in these materials within the central commercial core. Vestibule: The Commercial Design Standards require new building to incorporate an airlock entry into floor plans to avoid temporary canvas airlocks on the exterior of a building. The applicant indicates a interior air curtain to function as the airlock. Staff recommends the applicant provide an example of how a mechanical air curtain works for HPC to determine if the Standard is met. 6.49 Incorporate an airlock entry into the plan for all new structures. ❑ An airlock entry that projects forward of the primary facade at the sidewalk edge is inappropriate. ❑ Adding temporary entries during the winter season detracts from the character of the historic district. ❑ Using a temporary vinyl or fabric "airlock" to provide protection from winter weather is not permitted. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends that HPC continue the hearing with direction for the applicant to restudy the second story window sizes, style and material application; and to restudy the corner of the first floor. Exhibits: A. Relevant HPC Guidelines B. Application 5 E34% MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner RE: 417/421 W. Hallam Avenue — Correction to Landmark Designation, Setback Variances, FAR Bonus, Conceptual Major Development Review, Relocation, Demolition PUBLIC HEARING DATE: March 26, 2014 SUMMARY: The subject property is a duplex — half of which is designated a historic landmark. When the property was designated in 1992, there was a clerical error that listed the wrong half of the duplex as historic. In addition, almost all designated properties affect an entire site, not just a single unit. This applicant seeks to correct the error. In addition the applicant is interested in converting the duplex into a single family residence and requests approval to demolish non-historic additions, pick up.the house to dig a basement, and to construct a large addition. Variances including setback variances, the 500 square feet FAR Bonus and Residential Design Standard variances are requested. On October 23, 2013 HPC conducted a worksession regarding this property. APPLICANT: David and Marcia Kaplan, represented by Derek Skalko of 1Friday Design Collaborative and Jake Bittner of Thomas Pheasant. PARCEL ID: 2735-124-33-007 and 2735-124-33-008. ADDRESS: 417 and 421 W. Hallam Avenue, Units A and B of the Hallam Street Condominiums,City and Townsite of Aspen, CO. ZONING: R-6 HISTORic DESIGNATION 26.415.030.B. Aspen Victorian 1. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of Aspen Victorian, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to the criteria described below. When designating a historic district, the majority of the contributing resources in the district shall meet the criteria described below: a) The property or district is deemed significant for its antiquity, in that it contains structures which can be documented as built during the 19th century, and b) The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Staff Response: Staff finds that criteria a and b are both met. The requested landmark designation corrects a clerical error that occurred in 1992 when the property was originally designated — the wrong half of the duplex was listed as historic. The property is shown on the 1893 aerial map and the 1904 Sanborne map (see next page). It represents a typical residential miner's cottage. The form of the home is largely intact however there have been many alterations: the front porch was removed, the hipped roof was replaced with standing seam metal and the flat top of the roof changed to a ridge. Non-historic additions were added including a side addition for an entry deck. The windows were changed on the front elevation and a non- historic bay window was added. The property appears to be in its original location. Staff believes that a photograph of the front of the home after the front porch was removed is below. Staff recommends that HPC recommend Council designate the entire property as historic (including both units). 6Lky t £ • T Fit I..c L:t+,. .,� � Y tl F,x ye y s ? s'►- . 'y it t fit #. Tf l+M';'T�.. i .•h iG��`yii.-------- N, •vim. V 9ox Z a NO �Q 4431��� 433 / !� 9 42 lJ25 23�1Z/ 4/9 / / /3 Q / D O. / 36 N 2 O CONCEPTUAL MAJOiz DEVELOPMENT, RELOCATION DEMOLITION Staff Response: Staff is concerned that the fundamental aspects of this project — site planning and the height and massing of the new addition — do not meet the Design Guidelines. Staff recommends a restudy of the project that preserves and highlights the historic resource. Staffs concerns are outlined below. Site plan: The front entrance to the new project is proposed to be setback the length of the historic home and is located in the new addition. Staff recommends that the applicant restore the front porch shown on the Sanborne map above and locate the primary entrance in the historic home. The applicant does not agree that there was a front porch on the historic home, as stated in the addendum to the application. One way to determine if the double hung windows were moved is to open up the wall and inspect the framing of the windows. A front entrance on the east side of the home doesn't seem to make sense as there is a double hung window and a chimney where the entrance area would be located. This type of construction was not typical to the miner's cottages in the area. The large bay window removes any evidence of a window or door in that location. Staff appreciates that the applicant proposes a large front setback for the new construction, but is concerned that the setback is so large that it pushes the mass behind the historic home creating a backdrop of new construction that dwarfs the landmark. Mass/Scale/Height: Staff finds that the prominent east/west ridge proposed behind the historic home overwhelms the landmark and does not meet the Design Guidelines below. Staff recommends different roof forms or reorienting the ridge to break up the mass and height, and the addition of a connecting element behind the historic resource be studied. The overall tone and style of the new addition does not seem to relate to the historic resource. The applicant plans to bring a physical model to the meeting, which may help explain the relationship. At this time, Staff recommends a continuation of the project for a full restudy. 5.4 The use of a porch on a residential building in a single-family context is strongly encouraged. ❑ This also applies to large, multifamily structures. There should be at least one primary entrance and should be identified with a porch or entry element. 5.5 If porch replacement is necessary, reconstruct it to match the original in form and detail. ❑ Use materials that appear similar to the original. ❑ While matching original materials is preferred, when detailed correctly and painted appropriately, alternative materials may be considered. ❑ Where no evidence of the appearance of the historic porch exists, a new porch may be considered that is similar in character to those found on comparable buildings. Keep the style and form simple. Also, avoid applying decorative elements that are not known to have been used on the house or others like it. ❑ When constructing a new porch, its depth should be in scale with the building. ❑ The scale of porch columns also should be similar to that of the trimwork. ❑ The height of the railing and the spacing of balusters should appear similar to those used historically as well. 10.4 Design a new addition to be recognized as a product of its own time. ❑ An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. ❑ A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. 10.6 Design an addition to be compatible in size and scale with the main building. ❑ An addition that is lower than or similar to the height of the primary building is preferred. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. ❑ A 1-story connector is preferred. ❑ The connector should be a minimum of 10 feet long between the addition and the primary building. ❑ The connector also should be proportional to the primary building. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. ❑ Locating an addition at the front of a structure is inappropriate. ❑ Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. ❑ Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 11.5 Use building forms that are similar to those of the historic property. ❑ They should not overwhelm the original in scale. Demolition: 26.415.100.4. The HPC shall review the application, the staff report and hear evidence presented by the property owners, parties of interest and members of the general public to determine if the standards for demolition approval have been met. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: a) The property has been determined by the City to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b) The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, c) The structure cannot practically be moved to another appropriate location in Aspen or d) No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance and Additionally, for approval to demolish, all of the following criteria must be met: a) The structure does not contribute to the significance of the parcel or Historic District in which it is located and b) The loss of the building, structure or object would not adversely affect the integrity of the Historic District or its historic, architectural or aesthetic relationship to adjacent designated properties and c) Demolition of the structure will be inconsequential to the historic preservation needs of the area. Staff Response: Staff is supportive of the demolition of the non-historic additions as proposed. Staff finds that the 19th century rear lean-to addition to the residence that is shown on the Sanborne map has been altered beyond repair. The sheds along the alley are represented as being recent additions. Relocation: 26.415.090.C. Standards for the relocation of designated properties. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or 3. The owner has obtained a certificate of economic hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. Staff Response: Staff is supportive of the proposal to pick up the home and dig a basement as long as the landmark is placed back in its original location. The applicant must provide a letter from an engineer or licensed home mover stating that the landmark can successfully be picked up and moved. Parking: The applicant proposes 1 onsite parking space. 2 spaces are required. It is unclear as to whether a surface parking space is proposed or if the applicant requests a waiver of the second parking space requirement. Staff requests clarification at the meeting. VARIANCES: FAR BONUS, SETBACK VARIANCES, RESIDENTIAL DESIGN STANDARD VARIANCES 26.415.110.F. Floor area bonus. 1. In selected circumstances, the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a) The design of the project meets all applicable design guidelines; b) The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building; c) The work restores the existing portion of the building to its historic appearance; d) The new construction is reflective of the proportional patterns found in the . historic building's form, materials or openings; e) The construction materials are of the highest quality; f) An appropriate transition defines the old and new portions of the building; g) The project retains a historic outbuilding; and/or h) Notable historic site and landscape features are retained. Staff Response: Staff strongly recommends that the applicant restore the front porch shown on the 1904 Sanborne Map, restore the roof form and material, and design an addition that meets the Design Guidelines in order to meet the review criteria to earn the 500 square feet FAR Bonus. There are many opportunities for preservation/restoration of the historic home that may be pursued in order to warrant the FAR Bonus. 26.415.110.C. Variances. Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. 1. The HPC may grant variances of the Land Use Code for designated properties to allow: a) Development in the side, rear and front setbacks; b) Development that does not meet the minimum distance requirements between buildings; c) Up to five percent(5%) additional site coverage; d) Less public amenity than required for the on-site relocation of commercial historic properties. 2. In granting a variance, the HPC must make a finding that such a variance: a) Is similar to the pattern, features and character of the historic property or district; and/or b) Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Response: The applicant requests rear, east and west sideyard, and combined sideyard setback variances for the project: 2' west sideyard where 5' is required, 4' east sideyard where 5' is required, 14'11' combined sideyard setback where 16'3" is required, and a 5' rear setback where 10' is required. Staff finds that the review criteria are not met with the proposed project. 26.410.020.D.2. Residential Design Standards. Variances from the Residential Design Standards, Section 26.410.040, which do not meet this Section may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Chapter 26.415. An applicant who desires to consolidate other requisite land use review by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate and the deciding board shall find that the variance, if granted would: a) Provide an appropriate design or pattern of development considering the context in which the development 'is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Following are the requested variances, underlined area are not met in the proposal: A.2 Build-to lines. On parcels or lots of less than fifteen thousand (15,000) square feet at least sixty percent 60%) of the front facade shall be within five (5) feet of the minimum front yard setback line. On corner sites, this standard shall be met on the frontage with the longest block length. Porches may be used to meet the sixty percent(60%) standard. B.1.Secondary mass. All new single-family and duplex structures shall locate at least ten percent (10%) of their total square footage above grade in a mass which is completely detached from the principal building or linked to it by a subordinate linking element. This standard shall only apply to parcels within the Aspen infill area pursuant to Subsection 26.410.010.B.2. Accessory buildings such as garages, sheds and accessory dwelling units are examples of appropriate uses for the secondary mass. A subordinate linking element for the p=oses of linking a primary and secondary mass shall be at least ten (10) feet in length not more than ten (10) feet in width and with a plate height of not more than nine (9) feet Accessible outdoor space over the linking element(e.g. a deck) is permitted but may not be covered or enclosed. Any railing for an accessible outdoor space over a linking element must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. D.1 Street oriented entrance and principal window. All single-family homes and duplexes, except as outlined in Subsection 26.410.010.13.4 shall have a street-oriented entrance and a street facing principal window. Multi-family units shall have at least one (1) street-oriented entrance for every four (4) units and front units must have a street facing a principal window. On corner lots, entries and principal windows should face whichever street has a greater block length. This standard shall be satisfied if all of the following conditions are met: a) The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight(8) feet b) A covered entry porch of fifty (50) or more square feet with a minimum depth of six (6) feet, shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. Staff Response_ Staff finds that the review criteria are not met and recommends that the applicant restudy the project to meet the Standards above. The Residential Design Standards are based on established neighborhood scale and character. STAFF RECOMMENDATION: Staff supports the correction to landmark designation and recommends a restudy of the new addition. Staff supports the removal of non-historic additions and the proposal to pick up the home and dig a basement. Staff does not support the requested variances or the 500 square feet FAR Bonus. EXHIBITS: Exhibit A: Relevant design guidelines Exhibit B: Application Exhibit C: Integrity Score Sheet Exhibit A—Relevant Design Guidelines 2.7 Match the original material in composition, scale and finish when replacing materials on primary surfaces. ❑ If the original material is wood clapboard, for example, then the replacement material must be wood as well. It should match the original in size, the amount of exposed lap and finish. ❑ Replace only the amount required. If a few boards are damaged beyond repair, then only those should be replaced, not the entire wall. 2.8 Do not use synthetic materials as replacements for primary building materials. ❑ In some instances, substitute materials may be used for replacing architectural details, but doing so is not encouraged. If it is necessary to use a new material, such as a fiberglass column, the style and detail should precisely match that of the historic model. ❑ Primary building materials such as wood siding and brick should not be replaced with synthetic materials. ❑ Synthetic materials include: aluminum, vinyl siding and panelized brick. ❑ EIFS (synthetic stucco) is not an appropriate replacement for real stucco. 3.1 Preserve the functional and decorative features of a historic window. ❑ Features important to the character of a window include its frame, sash, muntins/mullions, sills, heads, jambs, moldings, operation and groupings of windows. ❑ Repair frames and sashes rather than replacing them, whenever conditions permit. ❑ Preserve the original glass, when feasible. 3.2 Preserve the position, number and arrangement of historic windows in a building wall. ❑ Enclosing a historic window opening in a key character-defining facade is inappropriate, as is adding a new window opening. This is especially important on primary facades where the historic ratio of solid-to-void is a character-defining feature. ❑ Greater flexibility in installing new windows may be considered on rear walls. ❑ Do not reduce an original opening to accommodate a smaller window or door or increase it to receive a larger window on primary facades. Replacement Windows 3.3 Preserve the historic ratio of window openings to solid wall on a facade. ❑ Significantly increasing the amount of glass on a character-defining facade will negatively affect the integrity of a structure. 3.4 Match a replacement window to the original in its design. ❑ If the original is double-hung, then the replacement window should also be double- hung, or at a minimum, appear to be so. Match the replacement also in the number and position of glass panes. ❑ Matching the original design is particularly important on key character-defining facades. 3.5 In a replacement window, use materials that appear similar to the original. ❑ Using the same material as the original is preferred, especially on character-defining facades. However, a substitute material may be considered if the appearance of the window components will match those of the original in dimension, profile and finish. 3.6 Preserve the size and proportion of a historic window opening. ❑ Reducing an original opening to accommodate a smaller window or increasing it to receive a larger window is inappropriate. ❑ Consider reopening and restoring an original window opening where altered. 3.7 Match, as closely as possible, the profile of the sash and its components to that of the original window. ❑ A historic window often has a complex profile. Within the window's casing, the sash steps back to the plane of the glazing (glass) in several increments. These increments, which individually only measure in eighths or quarters of inches, are important details. They distinguish the actual window from the surrounding plane of the wall. 5.4 The use of a porch on a residential building in a single-family context is strongly encouraged. ❑ This also applies to large, multifamily structures. There should be at least one primary entrance and should be identified with a porch or entry element. Porch Replacement 5.5 If porch replacement is necessary, reconstruct it to match the original in form and detail. ❑ Use materials that appear similar to the original. ❑ While matching original materials is preferred, when detailed correctly and painted appropriately, alternative materials may be considered. ❑ Where no evidence of the appearance of the historic porch exists, a new porch may be considered that is similar in character to those found on comparable buildings. Keep the style and form simple. Also, avoid applying decorative elements that are not known to have been used on the house or others like it. ❑ When constructing a new porch, its depth should be in scale with the building. o The scale of porch columns also should be similar to that of the trimwork. ❑ The height of the railing and the spacing of balusters should appear similar to those used historically as well. 7.1 Preserve the original form of a roof. ❑ Do not alter the angle of a historic roof. Instead, maintain the perceived line and orientation of the roof as seen from the street. ❑ Retain and repair roof detailing. 7.2 Preserve the original eave depth. ❑ The shadows created by traditional overhangs contribute to one's perception of the. building's historic scale and therefore, these overhangs should be preserved. 7.3 Minimize the visual impacts of skylights and other rooftop devices. ❑ Flat skylights that are flush with the roof plane may be considered only in an obscure location on a historic structure. Locating a skylight or a solar panel on a front roof plane is not allowed. ❑ A skylight or solar panel should not interrupt the plane of a historic roof. It should be positioned below the ridgeline. 9.1 Proposals to relocate a building will be considered on a case-by-case basis. ❑ In general, relocation has less of an impact on individual landmark structures than those in a historic district. ❑ It must be demonstrated that relocation is the best preservation alternative. ❑ Rehabilitation of a historic building must occur as a first phase of any improvements. ❑ A relocated building must be carefully rehabilitated to retain original architectural details and materials. ❑ Before a building is moved, a plan must be in place to secure the structure and provide a new foundation, utilities, and to restore the house. ❑ ' The design of a new structure on the site should be in accordance with the guidelines for new construction. ❑ In general, moving a building to an entirely different site or neighborhood is not approved. 9.2 Moving an existing building that contributes to the character of a historic district should be avoided. ❑ The significance of a building and the character of its setting will be considered. ❑ In general, relocating a contributing building in a district requires greater sensitivity than moving an individually-listed structure because the relative positioning of it reflects patterns of development, including spacing of side yards and front setbacks, that relate to other historic structures in the area. 9.3 If relocation is deemed appropriate by the HPC, a structure must remain within the boundaries of its historic parcel. ❑ If a historic building straddles two lots, then it may be shifted to sit entirely on one of the lots. Both lots shall remain landmarked properties. 9.4 Site the structure in a position similar to its historic orientation. ❑ It should face the same direction and have a relatively similar setback. ❑ It may not, for example, be moved to the rear of the parcel to accommodate a new building in front of it. 9.5 A new foundation should appear similar in design and materials to the historic foundation. ❑ On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a modest miner's cottage is discouraged because it would be out of character. ❑ Where a stone foundation was used historically, and is to be replaced, the replacement should be similar in the cut of the stone and design of the mortar joints. 9.6 When rebuilding a foundation, locate the structure at its approximate historic elevation above grade. ❑ Raising the building slightly above its original elevation is acceptable. However, lifting it substantially above the ground level is inappropriate. ❑ Changing the historic elevation is discouraged, unless it can be demonstrated that it enhances the resource. 9.7 A lightwell may be used to permit light into below-grade living space. ❑ In general, a lightwell is prohibited on a wall that faces a street (per the Residential Design Standards). ❑ The size of a lightwell should be minimized. ❑ A lightwell that is used as a walkout space may be used only in limited situations and will be considered on a case-by-case basis. If a walkout space is feasible, it should be surrounded by a simple fence or rail. 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. ❑ A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. ❑ An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. ❑ An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. L An addition that covers historically significant features is inappropriate. 10.4 Design a new addition to be recognized as a product of its own time. ❑ An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. ❑ A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. 10.5 When planning an addition to a building in a historic district, preserve historic alignments that may exist on the street. ❑ Some roof lines and porch eaves on historic buildings in the area may align at approximately the same height. An addition should not be placed in a location where these relationships would be altered or obscured. 10.6 Design an addition to be compatible in size and scale with the main building. ❑ An addition that is lower than or similar to the height of the primary building is preferred. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. ❑ A 1-story connector is preferred. ❑ The connector should be a minimum of 10 feet long between the addition and the primary building. ❑ The connector also should be proportional to the primary building. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. ❑ Locating an addition at the front of a structure is inappropriate. ❑ Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. ❑ Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 10.9 Roof forms should be similar to those of the historic building. ❑ Typically, gable, hip and shed roofs are appropriate. ❑ Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. ❑ For example, loss or alteration of architectural details, cornices and eavelines should be avoided. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. ❑ The new materials should be either similar or subordinate to the original materials. INTEGRITY ASSESSMENT- I9TH CENTURY MINER'S COTTAGE Integrity is the ability of a property to convey its significance. • LOCATION Location is the place where the historic property was constructed or the place where the historic event occurred. 5- The structure is in its original location. 4- The structure has been moved within the original site but still maintains the original alignment and proximity to the street. 3- The structure has been moved to another site, still within the historic Aspen townsite. 0- The structure has been moved to a location which is dissimilar to the original site. TOTAL POINTS (maximum of 5) = 5. Structure is in its original location • DESIGN Design is the combination of elements that create the form, plan, space, structure, and style of a property. BUILDING FORM 10-The original plan form, based on Sanborne maps or other authenticating documentation, is unaltered and there are no recent additions. 8- The structure has been expanded but the original plan form is intact and the addition(s) would meet the design guidelines. 6- The plan form has been more altered, but the addition would meet the design guidelines. 4- The structure has been expanded in a less desirable manner, but if the addition were removed, at least 50% of the building's original walls would remain. 2- The structure has been expanded and the addition overwhelms the original structure , destroying more than 50% of the building's original walls. 0- Two historic structures have been linked together and the original character of the individual structures is significantly affected. 4 — structure has been altered but if removed building form could be restored. ROOF FORM 10-The original roof form and the original porch roof, if one existed, are unaltered. 8- The original main roof is intact but the porch roof, if one existed, has been altered. 1 6- Dormers have been added to the structure or additions have been made that alter the roof form, but the changes would meet the design guidelines. 2- Alterations to the roof have been made in a less sensitive manner, not in conformance with the design guidelines. 0- Less than 50% of the original roof form remains. 4—the roof has been altered and replaced with standing seam. SCALE 5- The original one story scale of the building, and its character as a small cottage is intact. 4- The building has been expanded, but the ability to perceive the original size of the 3 or 4 room home, is preserved. 3- The building has been expanded and the scale of the original portion is discernible. 0- The scale of the building has been negatively affected by a large addition, whose features do not reflect the scale or proportions of the historic structure. 4—building has been expanded but scale is intact. FRONT PORCH 10-The front porch is not enclosed and original decorative woodwork remains, or if there was no porch historically, none has been added. 8- The front porch is enclosed but maintains an open character and some original materials. 6- The front porch is not original, but has been built in an accurate manner, per the design guidelines. 2- The front porch has been enclosed and most original materials are gone. 0- The front porch is completely gone or replaced with a porch which would not meet the design guidelines. 0 -front porch is removed. DOORS AND WINDOWS 10-The typical door and window pattern on the original house is intact- two doors off the front porch, large double hung windows in gable ends, and tall, narrow double hung windows placed "sparsely" on building walls. 8- Less than 50% of the door and window openings on the original building are new and the original door and window openings are intact. 2- More than 50% of the door and window openings on the original building are new and/or some of the original opening sizes have been altered. 0- Most or all of the original door and window openings have been altered. 2 - doors and windows are altered. 2 SIMPLICITY OF DESIGN 5- The overall sense of "modesty" in design and detailing on the original structure is intact. 0- New, non-historic trim and other decoration have been added to the building and have altered its character. 4—the simple detailing is largely intact. TOTAL POINTS (maximum of 50) = 18 • SETTING Setting is the physical environment of a historic property. PROXIMITY TO SIMILAR STRUCTURES 5- The structure is one of a set (at least three) of buildings from the same period in the immediate area. 3- The building is part of a neighborhood that has numerous remaining buildings from the same period. 0- The building is an isolated example from the period. HISTORIC LANDSCAPE FEATURES 5- A number of elements of the original landscape are in place, including historic fences, walkways, plant materials and trees, and ditches. 3- Few or no elements of the original landscape are present, but the current landscape supports the historic character of the home. 0- The current landscape significantly obscures views of the structure. TOTAL POINTS (maximum of 10) = 8 building is close to other landmarks. • MATERIALS Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. EXTERIOR WOODWORK 10-Most of the original woodwork, including clapboard siding, decorative shingles in gable ends, trim, fascia boards, etc. remain. 6- Original siding has been replaced, but trim and other elements remain. 6- Original siding is intact but trim or other elements have been replaced. 0- All exterior materials have been removed and replaced. DOORS AND WINDOWS 10-All or most of the original door and window units are intact. 3 8- Some window and door units have been replaced, but with generally accurate reconstructions of the originals. 6- Most of the original windows have been replaced, but with generally accurate reconstructions of the originals. 0- Windows and/or doors units have been replaced with inappropriate patterns or styles. TOTAL POINTS (maximum of 20) = 12—alterations have occurred, but some original elements remain. • WORKMANSHIP Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. DETAILING AND ORNAMENTATION 5- The original detailing is intact. 3- Detailing is discernible such that it contributes to an understanding of its stylistic category. 0- New detailing has been added that confuses the character of the original structure. 0- The detailing is gone. FINISHES 5- All exterior woodwork is painted and masonry unpainted. 4- All exterior woodwork is painted and masonry is painted. 3- Wood surfaces are stained or modern in appearance but masonry is unpainted. 2- Wood surfaces are stained or modern in appearance and the masonry is painted. TOTAL POINTS (maximum of 10) = 8—detailing and finishes are accurate. • ASSOCIATION Association is the direct link between an important historic event or person and a historic property. 5- The property would be generally recognizable to a person who lived in Aspen in the 19th century. TOTAL POINTS (maximum of 5) = 4—the alterations to the front facade may confuse a person, but the roof form and scale are intact and relate to the 19th century. 4 • BONUS POINTS UNIQUE EXAMPLE 5-The design of the building is unique or one of a small group among the miner's cottages. (i.e.It has Italianate or Second Empire detailing.) OUTBUILDINGS 5-There are outbuildings on the property that were built during the same period as the house. MASONRY 5-Original brick chimneys and/or a stone foundation remains. PATINA/CHARACTER 5-The materials have been allowed to acquire the character of age and are obviously weathered. MAXIMUM NUMBER OF POINTS= 100 (and up to 20 bonus points) MINIMUM THRESHOLD FOR DESIGNATION= 50 POINTS Note: Each area of the integrity analysis includes a description of the circumstances that might be found and a point assignment. However the reviewer may choose another number within the point range to more accurately reflect the specific property. Total of 55 points. 5 EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �� VV�Nti Aspen, CO SCHEDULED PUBLIC HEARING DATE: Vi P- c�Gac�a te , Cam, 201 STATE OF COLORADO ) ss. County of Pitkin ) I CA r <<< � n� (name,please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the_ day of ) 20 , to and including the date and time ph of the posted notice (sign) is attached"hereto. of the public hearing. A photogra Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to. the public heging, notice was hand delivered or mailed by first class postage 14-9p�,,(!17�;;prepaid U.-S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owers shall be those on the current tax records of Pitkin County as they appeared_nn o more than sixty (60) days prior to the date of the public hearing. A copy of the owfiers and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, suminarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy 'of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued 071 next page) pt Mineral Estate Owner Notice. By the certified mailing of notice, return nr to the requested, to affected mineral estate owners by at least thirty ( ) Y P date scheduled for the initial public hearing.on the application of development. The names and addresses of:mineral•estatejowners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially planned Areas, are subject to this notice requirement. Rezoning or teat ainendinent. Whenever the official zoning district map is in any way to be changed or amended incidental to mended a general revision of this obe a whether such as f revision be Title, or whenever the text of this Title is to made by repeal of this Title and enactment of map a or land legal otherwise, the requirement of an accurate Y description of, and the notice to and listing of nam waived.rsHf owners However, thf real property in the area of the proposed change hall be proposed zoning map shall be saforlfifteerio(lp) days prior to othe public hew ng agency during all business hour on such amendments. 4ae The oregoing"Affidavit of Notice" was acknowledged before me this (0 day of �r.�-cam- , 201�,by Pusuc NOTICE "E:420 E.HYMAN AVENUE,FINAL MAJOR HESS MY HAND AND OFFICIAL SEAL DEVELOPMENT ENT AND COMMERCIAL DESIGN REVIEW NOTICE IS HEREBY GIVEN that a public hearing ' will be held on Wednesday,March 26,2014,at a meeting to begin at 5:00 p.m.before the Aspen My s expires: Historic Preservation Commission,Council Chem- bars,City Hell,130 S.Galena St.,Aspen,to con. sider an application submitted by Duvike Inc.,c/o Aerscape Ltd.,230 S.Mill St.,Aspen,CO. The applicant is represented by Charles Cunnitte Ar- . chdects.The project affects the property located at 420 E.Hymen Avenue,Duvike Condominiums,Lot O,Block 88,City and Townsile of Aspen,county of N Ub Pitkin,State of Colorado,PID if2737-073-39-020 - through-027,and 2737-073-39-801. The appli- cantrequestsfinaldesignapprovalforanewthree CHRISTOPHER LUNDGREN story mixed use building that includes commercial, I NOTARY PUBLIC tree market residential and affordable housing. For further information,contact Sara Adams at the City STATE OF COLORADO of Aspen Community Development Department, 130 S.Galena St.,Aspen,CO,(970)429-2778,sa- I NOTARY ID 20144000722 ra.adamsodtyofaspen.com. gMENTS AS APPLICABLE: ddav Maven T -COMMISSION EXPIRES JAN.09,2018 Chair,Aspen Historic Preservation Comrniwloo (TION Published in the Aspen Times on March 6,2014. [9987883] :.POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCLES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ES TAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 EXHIBIT Sara Adams L From: Junee Kirk <ju nee,kirk @comcast.net> Sent: Wednesday, March 26, 2014 4:14 PM To: Sara Adams Subject: 420 E. Hyman/ HPC members Dear Members of the Board of HPC and Staff: I have had an opportunity to review the plans at 420 East Hyman, the elevations and design and fenestration. While historic planning encourages new development to be a built environment of today, I must remind HPC that this development is still located in an historic neighborhood and warrants careful design that is in fact in context with the block and period of the existing built environment. One of your missions is "to recognize, protect and promote the retention and continued utility of the historic buildings and districts in the City, ensuring the preservation of Aspen's character as an historic mining town, and early ski resort..." I therefore urge HPC to reconsider this application. To this end I find this glass structure deviating from that purpose in the following ways. 1) As a three story building its prominence should have some of the repeating elements from the street in the repetition of window sizes, especially to the East, since it is a three story building. 2) Furthermore, using some of the same kind of brick and material application as in the neighboring buildings, would be a strong improvement. 3) Since this building will be seen from both the north and east facing facade strong corner posts, cornices should be picked up as possible treatment, repeating elements on the block They will create some rhythm,versus the transparent glass structure which has little relevance in the block both in style and character. We have some excellent developers who have always managed to fit into the existing neighborhood with their scale and design. Unfortunately, this does not. Since its 3 d story towers above the western structures, and serves as an anomaly in an historic block, development of this particular site should deservingly respect the block, with a complementary structure, rather than an urban type design better suited for a large city. I have read some the recommendations of staff, and to that end hope that you as members of HPC will follow their lead and suggestions rather than rubber stamp the existing plans. Thank you for your attention, Junee Kirk 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: -12T k NY Hi, , Aspen, CO SCHEDULED PUBLIC H ARING DATE: ?-Q Im , 201 STATE OF COLORADO ) ) ss. County of Pitkin ) 1, - � e7 k- V07 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ►� Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 10-day of M 20 ' to and including the date and time of the public hear in A photo ra h of posted notice (sign) is attached hereto. yam_ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty(60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) do Mineral Estate Owner Notice. By the certified mailing of notice,return receipt requested,to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended,whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and.the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen(15) days prior to the public hearing on such amendments. Signature *#Z ray fore oing"Affidavit of Notice"was acknowledged before me this?p Zray of , 20Q f,by IM kill V* 50 t4te J WITNESS MY HAND AND OFFICIAL SEAL I 'Feesa ' BREAD My commission expires: 09 a ms- �O �• Notary Public ......... tics PUBLIC NOTICE a TON Rosy i S1�fERSKY 4 Wednesday.Mar.26,201 Date: - ",, .•� Time: 5:00 p.m. -- �W. ✓TENTS AS APPLICABLE: Place:tso s.Galena St.. my comin vl - yes OBfT612015 Basement level of City Hall WN Purpose: )OS TED NOTICE (SIGN) HPC is to consider an application for YD GOVERNMENTAL AGENCIES NOTICED Final Major Development and Commercial Design Review to replace the existing building on this ION OF MINERAL ESTAE OWNERS NOTICE property with a new three story 24-65.5-103.3 b oiding that includes commercial, free market residential and affordable housing. The applicant is Duvike Inc.- clo Aerscape Ltd,230 S.hldl SL. Aspen.CO. For information contact Planning Dept._at 9 PUBLIC NOTICE RE: 420 E. HYMAN AVENUE, FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,March 26, 2014, 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 Duvike Inc., c/o Aerscape Ltd., 230 S. Mill St., Aspen, CO. The applicant is represented by Charles Cunniffe Architects. The project affects the property located at 420 E. Hyman Avenue, Duvike Condominiums, Lot O, Block 88, City and Townsite of Aspen, County of Pitkin, State of Colorado, PID #2737-073-39-020 through -027, and 2737-073-39-801. The applicant requests final design approval for a new three story mixed use building that includes commercial, free market residential and affordable housing. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2778, sara.adams@cityofaspen.com. s/Jay Maytin Chair,Aspen Historic Preservation Commission Published in the Aspen Times on March 6, 2014 City of Aspen Account RtECEIVED MAR 2 0 2014 C("A"N Ty PEN �VEL OP4iENt 204 SOUTH GALENA STREET LLC 305-7 MILL STREET LLC 400 EAST HYMAN LLC 320 W MAIN ST 412 N PAULINA 121 S GALENA ST#203 ASPEN,CO 81611 CHICAGO, IL 60622 ASPEN,CO 81611 400 HYMAN LLC 400 HYMAN LLC 407 HYMAN LLC 6829 QUEENFERRY CIR PO BOX 351 416 MOORE DR BOCA RATON, FL 33496 RIFLE, CO 816500351 ASPEN,CO 81611 409 EAST HYMAN LLC 1/2 419 EAST HYMAN AVENUE LLC 434 EAST COOPER AVENUE LLC 501 E DEAN ST 320 W MAIN ST 2001 N HALSTED STE 304 ASPEN,CO 81611 ASPEN,CO 81611 CHICAGO,IL 60614 514 A LLC 517 EAST HOPKINS AVENUE LLC AP RT 29 LLC 514 E HYMAN AVE 517 E HOPKINS AVE 418 E COOPER AVE#207 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN FILM ASPEN FIRE PROTECTION DISTRICT AVH ONION VENTURES II LLC 8.208 110 E HALLAM ST#102 420 E HOPKINS AVE 601 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 BARNETT-FYRWALD HOLDINGS INC BLAU JEFF T BOUNTY LLC 2222 COTTONDALE LN #200 C/O RELATED COMPAINES 415 E HYMAN AVE LITTLE ROCK,AR 722022017 60 COLUMBUS CIRCLE FL 19 ASPEN,CO 81611 NEW YORK, NY 10023 BPOE ASPEN LODGE#224 BRAND BUILDING LLC CARLSON BRUCE E TRUST 210 S GALENA ST#21 205 S GALENA ST PO BOX 3587 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 CHARLIES COW COMPANY LLC CITY OF ASPEN COLBY FROST LLC 1/2 315 E HYMAN AVE ATTN FINANCE DEPT 1806 OURAY RD ASPEN,CO 81611 130 S GALENA ST GLENWOOD SPRINGS,CO 81601 ASPEN,CO 81611 COTTONWOOD VENTURES II LLC COTTONWOOD VENTURES II LLC COLLINS BLOCK LLC ATTN JANA FREDERICK 205 S GALENA ST 419 E HYMAN AVE 300 CRESCENT CT STE 850 ASPEN,CO 81611 ASPEN,CO 81611 DALLAS,TX 75201 COX JAMES E LIVING TRUST DCGB LLC DOLE MARGARET M 3284 SURMONT DR ATT GIORGIO RIGHETTI CFO 400 E HYMAN AVE#302 LAFAYETTE,CA 94549 610 WEST 52 ST ASPEN,CO 816111989 NEW YORK, NY 10019 F&M VENTURES LLC FIERCELY LOCAL FOOTLOOSE MOCCASIN MAKERS INC C/O MORRIS &FYRWALD RE 328 E HYMAN AVE C/O MANUEL GOUVEIA 415 E HYMAN AVE ASPEN,CO 81611 44 SILVERADO CT ASPEN,CO 81611 CANON CITY,CO 812129484 G&K LAND CO LLC GALENA COOPER LLC GLENROY PARTNERS 2.9% 140 PITKIN MESA DR 601 E HYMAN PO BOX 2157 ASPEN,CO 81611 ASPEN,CO 81611 SANTA CRUZ,CA 95063 GODIVA HOLDINGS LLC GORDON DAVID F& LETICIA LLC GRIFFITH LARRY R 435 E MAIN ST C/O JOE RACZAK/NORTH OF NELL MGT 19794 ESCADA CT ASPEN,CO 81611 555 E DURANT REDDING,CA 96003 ASPEN,CO 81611 HALL CHARLES L HINDERSTEIN FAM REV TRUST HORSE ISLAND LLC PO BOX 1819 4415 HONEYMOON BAY RD 300 CRESCENT CT STE#850 ASPEN,CO 81612 GREENBANK,WA 98253 DALLAS,TX 75201 HYMAN MALL COMMERCIAL CONDOS ISIS BUILDING LLC ISIS GROUP LLC 602 E COOPER #202 C/O COURTNEY LORD PO BOX 1028 ASPEN,CO 81611 631 W BLEEKER ST ASPEN,CO 81612 ASPEN,CO 81611 KANDYCOM INC KANTZER TAYLOR M FAM TRST#1 KAUFMAN GIDEON I 766 SINGING WOOD DR 216 SEVENTEENTH ST 315 E HYMAN AVE#305 ARCADIA,CA 91006 MANHATTAN BEACH,CA 90266 ASPEN,CO 81611 KREVOY SUSANNE SEP PROP TRUST LEVY LAWRENCE F&CAROL LINDNER ERIKA L REV TRUST 50% 2311 LA MESA DR 444 N MICHIGAN AVE#3500 66966 TEN PEAKS CT SANTA MONICA,CA 90402 CHICAGO, IL 60611 BEND,OR 97701-9277 MILL STREET PLAZA ASSOC LLC MTN ENTERPRISES 80B LOMA ALTA CORPORATION C/O HILLIS OF SNOWMASS PO BOX 886 602 E COOPER #202 PO BOX 5739 LANCASTER,TX 75146-0886 ASPEN,CO 81611 EAGLE,CO 816315739 NH ONION VENTURES II LLC 16.918% OSA TRUST P &L PROPERTIES LLC 601 E HYMAN AVE 2311 LA MESA DR 101 S 3RD ST#360 ASPEN,CO 81611 SANTA MONICA,CA 90402 GRAND JUNCTION,CO 81501 PARAGON PENTHOUSE LLC RED ONION INVESTORS LLC 65.784% RG ONION VENTURES II LLC 4% 9950 SANTA MONICA BLVD 418 E COOPER ST#207 601 E HYMAN AVE BEVERLY HILLS,CA 90212 ASPEN,CO 81611 ASPEN,CO 81611 SH ONION VENTURES II LLC 2.19% SILVER SLAM COMMERCIAL LLC WALL JANET REV TRUST 601 E HYMAN AVE C/O RELATED COMPANIES/JEFF BLAU 205 S GALENA ST ASPEN,CO 81611 60 COLUMBUS CIR ASPEN,CO 81611 NEW YORK, NY 10023 WELLS FARGO BANK WENDELIN ASSOC WHEELER BLOCK BUILDING LLC C/O THOMSON PROPERTY TAX SERVICES 150 METRO PARK TKG MANAGEMENT INC C/O PO BOX 2609 ROCHESTER, NY 14623 211 N STADIUM BLVD STE 201 CARLSBAD,CA 92018 COLUMBIA,MO 65203 WHEELER SQUARE-CASPER FAMILY LLC WILLIAMS DEXTER M WOODS FAMILY LP 315 E HYMAN 82 W LUPINE DR PO BOX 11468 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 EXHIBIT !!/ REAR / ALLEY FRONT / STREET All- HYMAN AVENUE MALL ELEVATION REAR ALLEY ELEVATION ©. 420 E. HYMAN AVENUE © ' , HPC - FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW CHARLES CUNNIFFE MARCH 26, 2014 ARCHITECTS .♦ I :4 VIEW FROM ALLEY ©� 420 E. HYMAN AVENUE ®� HPC - FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW CHARLES CUNNIFFE MARCH 26, 2014 ARCHITECTS � •t � �' �' ''rr• ,}nary(! `` Ar Al ,kN jot t ro Li e*w T 1 • ii „oo IV.b o0 0 ' 1 1 CA � I I 4 _ �' •_ � �•. mow. .� �•�_- _'ice. OpFM �. PROPOSED VIEW #1 FROM CENTER 0 HYMAN AVENUE MALL L , E. HYMAN AVENUE CA . - DEVELOPMENT CHARLES CUNNIFFE MARCH 26, 2014 ARCHITECTS -w Y PROPOSED Or VI EVII #1 FROM C ENTER OF HYMAN AVENUE MALL - EVENING ©. 420 E. HYMAN AVENUE as HPC - FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW CHARLES CUNNIFFE MARCH 26, 2014 ARCHITECTS I , 1 Is ,4C !k' 0 { EXHIBIT I L AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CO ADDRESS OF PROPERTY: 91`7 —(421 WEST 14ALLAM , Aspen,CO SCHEDULED PUBLIC HEARING DATE: 20 1 STATE OF COLORADO ) ss. County of Pitldn ) T-> tjID � yV-Ayx.1A (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E)of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X wE10 Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15)days prior to the public hearing on the 1�5 day of MdY'—_A4 , 20 ft, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. �,� vvti4 4 <574 Mailing of notice. ley the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen(15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first publipicatiWonand required in Section 26.304.035, Neighborhood Outrea� e neighborhood outreach summary, including the method of pig no a copy of any documentation that was presented to the public is�� elto. (continued on next page) CITY cy 6m ASPEN COMM Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signat e h The foregoing "Affidavit of Notice"was acknowledged before me this h}day of ".(I ►'LV1 , 20A4, by '(Dev C''le- Mtn+V�,Ip S Y- AN 1Ly WITNESS MY HAND AND OFFICIAL SEAL y ission expires: p eCYYIb P p _,O ROXANA BARRAZA NOTARY PUBLIC,STATE OF COLOMW ATTACHMENTS AS APPLICABLE: NOTARY ID 2013407M • COPY OF THE PUBLICATION IMY COMMISSION EXPIRES DECEMBER 12 2017 • PHOTOGRAPH OF THE POSTED NOTICE(SIGH) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYAWL • APPLICANT CERTIFICATIONOFMINERAL ESTAE 0 N1Y1 AS REQUIRED BY C.R.S. X24-65.5-103.3 A" 1 2014 PUBLIC NOTICE RE: 417 AND 421 W.HALLAM STREET—CORRECTION TO HISTORIC DESIGNATION, CONCEPTUAL MAJOR DEVELOPMENT,DEMOLITION AND VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 26, 2014, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, in Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by David & Marcia Kaplan, P.O. Box 7928, Aspen, CO 81612, owners of the property located at 417 and 421 West Hallam, Parcels A&B of the Hallam Street Condominiums, City and Townsite of Aspen, PID #2735-124-33-007 and -008. The applicant, represented by 1 Friday Design, requests a correction to the legal description of the property that is covered by historic designation. The applicant also requests Conceptual approval for a redevelopment of the site which includes Demolition of non- historic construction, restoration of the original miner's cottage, and construction of a new addition. A 500 square foot floor area bonus is being pursued in addition to rear and combined side yard setback variances, and Residential Design Standards variances. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970)429-2778, sara.adams @cityofaspen.com. s/Jav Mavtin Chair,Aspen Historic Preservation Commission Published in the Aspen Times on March 6, 2014 City of Aspen Account MAR 2014 � b AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE DRESS OF PROPERTY: Q-0 Aspen, CO SCHEDULED PUBLIC HEARING DATE: Ce,lav _h 8 , 201L? STATE OF COLORADO ) ss. County of Pitkin ) �Q, �—iii (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the _ day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (Sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the 7 method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued 077 next page)