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HomeMy WebLinkAboutcoa.lu.ec.430 W Main St.0024.2013.aslu0024.2013 . ASLU 430 W . MAIN ST 2735 12 4 42 004 LOT SPLIT AND TDR CERT. r� V THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0024.2013.ASLU PARCEL ID NUMBERS 2735-12-4-42-004 PROJECTS ADDRESS 430 W MAIN ST PLANNER AMY SIMON CASE DESCRIPTION LOT SPLIT AND SUBDIVISION EXEMPTION REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 10/31/2014 CLOSED BY ANGELA SCOREY ON: 3.19.15 • 0 21?5 lZ 4- 4- 2- oo It poA--2©13 -A-s/--U Permits File Edit Record Navigate Form Reports Format Tab Help lid z jump i J l Routing Status Fees Fee Summary Main Actions Attachments Routing History Valuation Arch/Eng Custom Fields Sub Permits Parcels Permit type aslu aspen Land Use j Permit t 100242013ASLU v Address i AptSufte 1430 W IAN ST City ASPEN state CO �" zip81611 10 x Permit Information 0 ' Master permit' Routing queue aslu07 Applied 0412'2013 z l� Projed Status pending Approved !, Description APPL1CATlON FOR LOT SPLlTAND SUBOIVISIOtd E>J=MPTION Issued I Cbsed; Final Submitted ALAN RICHM 9201125 Clerk Running i�ys I Expires iO4r07`2014 Owner Last name JKARBANK 430. LLC First name INEIL 604 W MAIN ST Phone (970) 920 2899 Address PEN CO 81611 A4*kant 0 Owner is applicant? 1-1 Contractor is applicant? Last name JKARBANK430 LLC First name NEIL 11604 V MAIN ST SPEN CO 81611 Phone 5701920-2899 Cult ; 129479 AAdran , Lender Last name First name Phone n. i Address i� Displays the perrrd lenJe:'s address AspenGold6 (server:angelas M 1 of 1 Gk g /00, i'tvkr- I rT I I r v �p 4,,-eP 330 • 0 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name, Mailing Address and telephone number Karbank 430 LLC 604 W. Main, Aspen, CO, 81611, 970-920-2899. Legal Description and Street Address of Subject Property 430 W. Main Street Lots K L and M Block 37 City and Townsite of Aspen, Colorado, PID #2735-124-42-004. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council granted approval for a Historic Landmark Lot Split and Transferable Development Rights Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Aspen Cif Council Ordinance #30 Series of 2013 approved on August 26, 2013. Effective Date of Development Order. (Same as date of publication of notice of approval.) December 12, 2013. Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) December 12.2016. Issued this;nd day of December, 2013 by the City of Aspen Community Development Director. Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) (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) or Section 26.306.010 (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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this t& day of ��L , 201_1 by -Or, WITNESS MY HAND AND OFFICIAL SEAL My • • • expires: (` V(U2,jA, CUAI— Notary ATTACHIYIENTS: COPY OF THE PUBLICATION PUBLIC NOTICE VAL DEVELOPMENT APPRO public of the iven to the general P tan, and Notice is hereby 9 fic developmentrp an, asuant d approval of a site spec,ro erty right hand the creatioJSef�ode of ttvestedha City of Aspen pertain - the Land ro erty. 430 W 24, Article 66, Colorado Revised Statutes, 24, to the following described glpck 37 City and ingPID Main Street. Lots 1I(( L, and M, Townsite of Aspen, k430L d0604IN #2735-124-4 CO 81611, owner o the property, Main, Aspen, Ry Council Or - received approval through Asp o a H'istorlc Land - race #30, Series of 013, Id and creaI novafls are deD ded n the Transferable Devel- mark Lot i his. The approvals of Aspen. oPr"ent Rig Ian use application on file with the Simon, at the Development Dept., 130 S. For further information contact mY As Community rado(970)429-2758- Galena St, Aspen• Cdo City of Aspen Published in The Aspen Times Weekly on Dec e ber 12.2013.[9762706] 5ANI aRa R w a!A 1 V % 0 k 2 z 4 31 It mil u lb! V 7 151 IT 4 u 4 H ail: Y12 a 3 153 . I . _81­ ; r M N M - e I ex is- 56 zo ! ,3; .*..goo gE • RECEPT10*08344, 03/03/2014 at 10:19:19 AM, 1 OF 7, R S41.00 Doc Code SUB EXEMPT Janice K. Uos Caudill, Pitkin County, CO SUBDIVISION EXEMPTION AGREEMENT FOR 430 West Main Street THIS SUBDIVISION EXEMPTION AGREEMENT (this "Agreement") is made this �ay of , 2014, between Karbank 430 LLC (the "Owner") and THE CITY OF ASPEN, a municipal co oration (the "City"). 4LvVi9&1 RECITALS: WHEREAS, the Owner owns certain real property (the "Property") located at 430 West Main Street (Parcel Identification Number 273512442004); and, WHEREAS, the subject property is zoned Mixed Use (MU); and, WHEREAS, the Owner applied to the City of Aspen for approval of Historic Landmark Lot Split pursuant to §26.480; and, WHEREAS, on June 26, 2013, the City of Aspen Historic Preservation Commission ("HPC") approved Resolution No. 22, Series of 2013 recommending City Council approval of a Historic Landmark Lot Split; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed Lot Split; and, WHEREAS, on August 26, 2013, the City Council approved, with conditions, the proposed Lot Split, which includes a requirement for entering into a Subdivision Exemption Agreement for the Property; and, WHEREAS, the City has imposed conditions and requirements in connection with its approval, which matters are necessary to protect, promote and enhance the public health, safety and welfare, and the Owner is prepared to enter into a Subdivision Agreement incorporating such conditions and requirements; and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution, and acceptance of the Agreement for recordation by the City (at Owners' expense), it is agreed as follows: ARTICLE I. PURPOSE AND EFFECT OF SUBDIVISION EXEMPTION AGREEMENT 1.1 Purpose. The purpose of this Subdivision Exemption Agreement is to, along with the Subdivision Exemption Plat, set forth the complete and comprehensive understanding and agreement of the parties with the respect to the future development of the property and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It is the intent of the parties that this Subdivision Exemption Agreement and the Subdivision Exemption Plat shall effectively supersede and replace in their entirety all previously recorded and unrecorded, City approved, subdivision and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering the Property. ARTICLE II. ZONING AND REGULATORY APPROVALS 2.1 Pursuant to Resolution No. 22, Series of 2013, HPC recommended that City Council approve the Historic Landmark Lot Split, subject to certain recommended conditions set forth in the Resolution. HPC granted a 2' west side yard setback reduction for the lot containing the Victorian building. HPC also granted a 500 square foot floor area bonus, to be applied to the calculation of floor area for that building. No expansion of the building was approved. 2.2 Pursuant to Ordinance No. 30, Series of 2013, (the "Ordinance") City Council granted approval of the Historic Landmark Lot Split Subdivision Exemption, subject to conditions and requirements set forth in the Ordinance in connection with its approval, which matters the City determined are necessary to protect, promote and enhance the public health, safety and welfare. In the event of any inconsistencies between the provisions of the Ordinance and Resolution described above (collectively the "Approvals") and the provisions of this Subdivision Exemption Agreement, the provisions of the Ordinance shall control. ARTICLE III. DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS 3.1 Acceptance of Subdivision Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the Subdivision Exemption Plat by the Engineering Department and the Community Development Director, the City agrees to approve and execute said plat for the subdivision exemption submitted herewith. The subdivision exemption plat and subdivision exemption agreement shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval of the Ordinance 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. Owner shall pay the cost for the City to record this Agreement and the associated Historic Landmark Lot Split Subdivision Exemption Plat, concurrently, in the office of the Pitkin County Clerk and Recorder. 3.2 Contents of Subdivision Plat. To comply with the conditions of the Ordinance, the subdivision plat has been drafted such that it: 2 a. Meets the requirements of Section 26.480 of the Aspen Municipal Code; b. Contains a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contains a plat note stating that all new development on the lots will conform to the dimensional requirements of the Mixed Use (MU) zone district, except for any variances that may be granted pursuant to the provisions of the Land Use Code; and d. Contains plat notes stating that the floor area for the two lots shall be as follows: Lot 1, a 4,000 sq. ft. lot, is allowed a maximum floor area of 2,144 sq. ft. for a single family residence. 2,000 sq. ft. of this floor area has been approved as eight (8) Transferable Development Rights, which may from time to time and as warranted by the TDR market, be converted into certificates and sold. Lot 2, a 5,000 sq. ft. lot, is allowed a maximum floor area of 2,868 sq. ft. for a single family residence, including a 500 square foot floor area bonus granted by the HPC, based on the Owner's representation that the development rights on Lot 1 would be converted to TDR's and conveyed from the property. 500 sq. ft. of Lot 2's allowable floor area has been approved as two (2) Transferable Development Rights, which may from time to time and as warranted by the TDR market, be converted into certificates and sold. Certificates for the two (2) TDR's that may be issued in connection with the 500 square foot floor area bonus awarded to Lot 2 shall not be issued unless and until: (1) certificates for all eight (8) TDR's for Lot 1 have been issued and the corresponding deed restrictions recorded for each of those eight (8) TDR certificates; and (2) the Owner satisfies a condition of HPC Resolution #22, Series of 2013, which requires that the railing at the front porch of the Victorian be removed, if allowed by the Building Code. Lot 1 or Lot 2 may instead develop according to the maximum floor area allowable for a mixed use project in the MU zone district. The mixed use floor area may only be utilized if no TDR's have been conveyed from the respective lot and the approval to establish and convey TDR's from that lot is relinquished by the Owner. 3.3 Vested Rights. The Resolution, the Ordinance, and this Agreement between the parties, collectively granting and defining the final approvals for the Project ("Approvals") constitute an approved "site -specific development plan" pursuant to §24-68101, et seq., C.R.S. ("the Vested Rights Statute"), and shall establish and extend vested property rights to use and develop the Property in the manner contemplated by the Approvals pursuant to the Vested Rights Statute until three (3) years from the issuance of the development order for the Project (the "Vesting Period Expiration Date"). The effective date of the Development Order that was issued by the City of Aspen Community Development Department is December 12, 2013, and the vested rights associated therewith shall expire on December 12, 2016 unless duly extended by the parties. This Subdivision Exemption Agreement shall be considered a "development agreement" as that term is used in §24-68-104, C.R.S., and shall include the right to develop and use the Property in the manner permitted under the Approvals. 3.4 Material Representations. All material representations made by the Owner pursuant to the development proposal approvals, whether in public hearings or in documentation presented before City Councilor the HPC, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. ARTICLE IV. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City Council determines that Owner is not acting in substantial compliance with the terms of this Subdivision Exemption Agreement, the City Council shall notify Owner in writing specifying the alleged non-compliance and. ask that owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than thirty (30) days. If the City Council determines that owner has not complied within such time, the City Council may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine anyone or both of the following matters: A. Whether the alleged non-compliance exists or did exist, or B. Whether a variance, extension of time or amendment to this Subdivision Exemption Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy as applicable; provided, however, no order shall terminate any land use approvals. The City Council may also grant such variances, extensions of time, or amendments to this Subdivision Exemption Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said 4 extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE V. GENERAL PROVISIONS 5.1 Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if not sooner received, three (3) days after the date of the mailing of the same. To the Owner: Neil Karbank, Manager Karbank 430 LLC 604 West Main Street Aspen, CO 81611 To the City: City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five (5) days' written notice. 5.2 Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 5.3 Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 5.4 Severability. If any provision, paragraph, sentence, clause, phrase, word, or section of this Subdivision Exemption Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. 5.5 Headings. Numerical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. 5.6 Execution. Upon the execution of this Subdivision Agreement by all parties hereto, City agrees to approve and execute the Subdivision Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of recordation fees by Owner. 5 5.7 Existing Litigation. This Subdivision Exemption Agreement shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 5.8 Choice of Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 5.9 Entire Agreement. This Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. OWNER: KARBANK 430 LLC By: I. Neil Karbank; Manager STATE OF jot i) 4--V )s . COUNTY OF f��� The foregoing was sworn and subscribed to before me this ! day of January, 2014, by Neil Karbank, as Manager of Karbank 430 LLC, owner. Witness my hand and official seal. My commission expires 0e&,b ev z , 2016 PRISCILLA PROHL COOPER NOTARY PUBLIC APPROVE STATE OF COLORADO tINOTARY ID #20124063186 My cc r, `xaires October 212016 el'a-mes R. True, City Attorney THE CITY OF ASPEN, COLORADO a mum Zkaon, By: Steayor ATTEST: By: Kathryn Ko City Clerk 0 0 STATE OF NIOW O ) . )ss. COUNTY OF The foregoing was sworn and subscribed to before me this Z`:-)day of Janus, 2014, by Steven Skadron and Kathryn Koch as Mayor and City Clerk, respectively, of the City of Aspen, a Municipal Corporation. Witness my hand and of My commission expires TARA L. NELSON NOTARY PUBLIC STATE C:P COLORADO NCB'T.4%qy 10 ?:1:114030017 MY COMM,Sc�:-, 09126120V 20 A Notar Public RECEPTION#: 608343, 03/03/2014 at 10:19:18 AM. 1 of 6. R $36.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO AGREEMENT FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS PURSUANT TO ASPEN CITY COUNCIL ORDINANCE # 30, SERIES OF 2013 �U THIS AGREEMENT is made and entered into this day of andary, 2014, by and between KARBANK 430 LLC, a Colorado limited liability company ("Owner"), whose address is 604 West Main Street, Aspen, CO 81611; and THE CITY OF ASPEN, a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (the "City"); W-1-T-N-E-S-S-E-T-H: WHEREAS, Owner owns real property more specifically described as - Lots 1 and 2, PLAT OF THE 430 WEST MAIN HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION, CITY AND TOWNSITE OF ASPEN, Pitkin County, Colorado - also known as 430 West Main Street, Aspen (each of Lot 1 and Lot 2 being a "Sending Site"), which is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with Section 26.535.040 of the City Code, and supplied the necessary application materials identified in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the City Code; and WHEREAS, the City's Community Development Department has reviewed Owner's application according to the review standards identified in 26.535.070 of the City Code, and has recommended approval of the application and the establishment of ten (10) Historic TDR Certificates (each a "TDR Certificate"), eight (8) from Lot 1 and two (2) from Lot 2, as set forth herein; and WHEREAS, City Ordinance No. 30, Series of 2013 dated August 26, 2013 (the "Ordinance"), approves the establishment of such ten (10) TDR Certificates (in the aggregate) from Lots 1 and 2, and requires that a Deed Restriction be recorded in real property records of Pitkin County, Colorado, designating the Sending Site as a Sending Site and permanently restricting the development of the Sending Site to an allowable Floor Area not exceeding the allowance for a single-family residence (or a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of TDR Certificates which are both established pursuant to this Agreement and then severed from the Sending Site; and 12-2-13 mkb WHEREAS, in consideration of the establishment of ten (10) TDR Certificates pursuant to the Ordinance and City Code, Owner agrees to restrict the Sending Site as set forth herein; and WHEREAS, the Ordinance allows for the establishment of ten (10) TDR Certificates (eight [8] from Lot 1 and two [2] from Lot 2) and at such time that Owner wishes to create one (1) or more TDR Certificates from the ten (10) initially available, Owner shall record a deed restriction (the "Deed Restriction") substantially in the form annexed hereto as Exhibit "A"; and WHEREAS, each Deed Restriction shall result in a reduction, on the particular Sending Site, of allowable floor area of two hundred fifty (250) square feet, and Owner shall be entitled to subsequently establish additional TDR Certificates by filing subsequent Deed Restrictions for an additional reduction of allowable floor area of two hundred fifty (250) square feet each; provided, however, that the aggregate number of TDR Certificates and Deed Restrictions created shall not exceed the ten (10) (eight [8] from Lot 1 and two [2] from Lot 2) created pursuant to the Ordinance and this Agreement. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, Owner and the City hereby covenant and agree as follows: Development of the Sending Site is hereby permanently restricted to (a) an allowable Floor Area not exceeding the allowance for a single-family residence (or that Floor Area allowed for a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) as otherwise permitted by the City Code on the Sending Site, minus (b) two hundred fifty (250) square feet of Floor Area for each one (1) TDR Certificate hereby established and then utilized by Owner as evidenced by the recordation, against the Sending Site, of a Deed Restriction. Each recorded Deed Restriction shall reference this Agreement. 2. In consideration of the foregoing, and pursuant to the City Code and the Ordinance, the City shall, at any time and upon Owner's request therefor, cause the issuance of one (1) TDR Certificate, executed by the Mayor, allowing the development of an additional two hundred fifty (250) square feet of Floor Area on a Receiver Site to be determined pursuant to the City Code. Each such TDR Certificate may be sold, assigned, transferred, or conveyed, provided, however, that no Historic TDR Certificate shall be effective until a Deed Restriction, referencing such Historic TDR Certificate, shall have been recorded against the Sending Site. 2 3. Transfer of title shall be evidenced by an assignment of ownership on the actual TDR Certificate itself. Upon transfer, the TDR Certificate's new owner may request that the City re -issue the TDR Certificate acknowledging the new owner thereof. Reissuance shall not require adoption of a new ordinance. The market for such TDR Certificate shall remain unrestricted and the City shall not prescribe or guarantee the monetary value of any TDR Certificate. 4. No Deed Restriction shall be construed to stipulate an absolute Floor Area on the Sending Site, but only a square footage reduction from the applicable allowable Floor Area, as that allowable Floor Area may be amended from time to time. 5. The Sending Site shall remain eligible for Floor Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 6. This Agreement may be modified only in a writing signed by both the Owner and the City. 7. Unless modified as stated above, this Agreement shall constitute a covenant running with the Sending Site as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date and year above first written. OWNER: KTBANK 430 LLC I 0 Neil D. Karbank, Manager 0 0 STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of January, 2014, by Neil D. Karbank, in his capacity as Manager of Karbank 430 LLC, Colorado limited liability company. Witness my hand and official seal. My commission expires: PRiSCILLA PROHL COOPER NOTARY PUBLIC STATE OF COLORADO OTARY ID #20124063186 LMVf1­" Notary Public Commission Exoires October 2, 201 6 APPROVAL OF CITY ATTORNEY By: James R. True, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado By: Steve Skadrop, Mayor STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) r vo ,The foregoing instrument was acknowledged before me this ' day of Jars ry, 2014, by Steve Skadron in his capacity as Mayor of the City of Aspen, Colorado. Witness my hand and off c I se . My ffmission expires: TAR.A L. NELSON V NOTARY PUBLIC STATE OF COLORADO Notary Public NOTA0017 MY COMMISSION OND3 EXPIRES 4 • 0 EXHIBIT A HISTORIC TRANSFERABLE DEVELOPMENT RIGHT DEED RESTRICTION Lot - # of THIS DEED RESTRICTION is established this _ day of , 20_ (this "Deed Restriction"), by THE CITY OF ASPEN, a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (the "City"), at the request of KARBANK 430 LLC, a Colorado limited liability company ("Owner"), whose address is 604 West Main Street, Aspen, CO 81611, W-1-T-N-E-S-S-E-T-H: WHEREAS, pursuant to the City's Ordinance No. 30, Series of 2013, dated August 26, 2013 (the "Ordinance"), the City approved the establishment of (_) Historic Transferable Development Right Certificates (each a "TDR Certificate") and accompanying deed restrictions to be recorded against certain real property owned by Owner and legally described as: - Lot PLAT OF THE 430 WEST MAIN HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION, CITY AND TOWNSITE OF ASPEN, Pitkin County, Colorado - also known as Lot _, 430 West Main Street, Aspen, (the "Sending Site"), which is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, pursuant to that certain Agreement for Establishment of Historic Transferable Development Rights Pursuant to Aspen City Council Ordinance #30, Series of 2013, dated sece+e _ (the "TDR Agreement"), between Owner and the City, the City will issue a TDR C ificate only upon recordation, against the Sending Site, of this Deed Restriction; and a�v V"L9-,7(� NOW THEREFORE in consideration of the mutual promises and obligations P 9 contained in the TDR Agreement and in this Deed Restriction, Owner and the City hereby covenant and agree as follows: Development of the Sending Site is hereby permanently restricted to (a) the allowable Floor Area not exceeding the allowances set forth in the TDR Agreement, minus (b) two hundred fifty (250) square feet of Floor Area. 2. This Deed Restriction shall not be construed to stipulate an absolute Floor Area on the Sending Site, but only a square footage reduction, of two hundred fifty (250) square feet, from the applicable allowable Floor Area, as that allowable Floor Area may be amended from time to time. 12-2-13 mkb 0 • 3. The Sending Site shall remain eligible for Floor Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 4. This Deed Restriction may be modified only in a writing signed by both the City and the then -owner of the Sending Site. Unless so modified, this Deed Restriction shall constitute a covenant running with the Sending Site as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this Deed Restriction as of the date and year above first written. OWNER: KARBANK 430 LLC M Neil D. Karbank, Manager STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 20_, by Neil D. Karbank, in his capacity as Manager of Karbank 430 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public APPROVAL OF CITY ATTORNEY James R. True, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado Steve Skadron, Mayor Date: 2 • CJ MEMORANDUM TO: Mayor and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: 430 W. Main Street- Historic Landmark Lot Split and Transferable Development Rights, Second Reading of Ordinance # 30, Series of 2013 DATE: August 26, 2013 SUMMARY: The subject property is located within the Main Street Historic District and contains a late 19'h century Victorian era home that currently functions as an office. It was built for M.O. Berg in 1892. Mr. Berg was the proprietor of The Mint saloon in downtown Aspen. In 2005, a previous owner received approval for a Historic Landmark Lot Split, but never filed a plat to finalize the subdivision, so the approval expired. The new owner proposes to resurrect the lot split. A 4,000 square foot parcel will be created on the corner. The right to develop a single family home on this parcel will be converted into 8 TDRs, to be landed elsewhere in town. 144 square feet of buildable area will be left on the lot. A very large tree will be preserved without impacts from the construction that would have been possible without the TDRs. The 1904 map below illustrates that the new vacant lot (Lot K and a portion of Lot L) was not developed in the Victorian era. It has always been an open yard. 430 W. Main today 430 W. Main in 1904 0 • A 5,000 square foot parcel will be created and will contain the Victorian structure. The applicant has received a 500 square foot floor area bonus from HPC, which will be used to cover a portion of the 2,350 square foot Victorian. The unused development rights on this lot will be 518 square feet, 500 of which is to be converted into 2 TDRs and sold. The floor area bonus was specifically approved as a reward for the preservation of the site without additional development. The ordinance contains language that revokes the bonus should the TDR concept be abandoned. HPC has recommended that Council approve the proposal. As part of their review, HPC also granted a sideyard setback variance to allow the Victorian house to be 3' from the new lot line rather than the standard requirement of 5.' Council is the decision -making authority on both the lot split and the establishment of TDRs. APPLICANT: Karbank 430 LLC, Neil Karbank, represented by Alan Richman Planning Services. PARCEL ID: 2735-124-42-004. ADDRESS: 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. ZONING: MU, Mixed Use. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet Section 26.480.030(A)(2) and (4) and Chapter 26.470. Growth Management where applicable. 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT All of the follo\N ing conditions must be met: a. The land is not located in a subdivision approved by either the 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 on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Finding: The property is in the original townsite. 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 Chapter 26.470. Staff Finding: The applicant proposes two lots, both of which conform to the MU cone district. 2 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 Chapter 26.470. Staff Finding: No subdivision exemption or lot split exemption has been executed. 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 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 26.470. Staff Finding: The subdivision plat shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. e. The subdivision exemption agreement and plat shall be recorded in the office of the 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 subdivision exemption agreement shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. f. In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Staff Finding: No building sits on the proposed new lot line. No buildings will be demolished. g. Maximum potential residential build -out 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 Transferable Development Rights for the site will be based on a single family use on each of the two lots. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT All of the following conditions must be met: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, C-1 or MU Zone District. Staff Finding: The subject parcel is 9,000 square feet and is located in the MU Zone District. b. The total FAR for each lot shall be established by dividing the allowable floor area for a duplex or two detached residences on the fathering parcel according to the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. When the property is redeveloped with any allowed C • Cl uses other than single family or duplex residential, refer to the Zone District for allowable FAR on each lot. Staff Finding: The property is zoned mixed -use and therefore has a maximum floor area of up to 9,000 square feet. TDRs can only be established based on the residential development potential of the site, which is a lower square footage, in this case half of the mixed -use potential. The 4,000 square foot lot is eligible for 2,144 square feet of residential floor area, or 8 TDRs. The 5,000 square foot lot is eligible for 2,868 square feet of floor area (including a floor area bonus), or 2 TDRs after the existing Victorian house is covered. In spite of the floor area calculation being based on residential potential, the Victorian can continue to be used as permitted in the zone district, including functioning as office space. c. The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Chapter 26.415 as benefits for historic preservation are only permitted on the parcels that contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. Staff Finding: The development will meet the dimensional requirements of the zone district except for a setback variance that was approved within the authority of the HPC. TRANSFERABLE DEVELOPMENT RIGHTS 26.535.070. Review criteria for establishment of a historic transferable development right. A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A. The sending site is a historic landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. Staff Finding: Single family and duplex uses are permitted in the zone district where 430 W. Main Street is located. B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. Staff Finding: The application demonstrates that there is unused FAR available on the property. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. 4 • • Staff Finding: No non -conformities will be created by the project. All dimensional requirements of the zone district are met or have properly received variances from HPC. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Staff Finding: The analysis only includes development that is by right or has been awarded by HPC approval. E. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Finding: No such development order exists. F. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as my be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: The deed restriction will follow the form approved by the City Attorney. G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Finding: A closing will be scheduled at the conclusion of the review. H. It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. (Ord. 54-2003, §§ 4, 5) Staff Finding: The applicant has provided floor area analysis. RECOMMENDATION: Staff and HPC recommend Council approve this Historic Landmark Lot Split and the creation of TDRs, with conditions outlined in the Ordinance. PROPOSED MOTION: "I move to adopt Ordinance #30, Series of 2013." CITY MANAGER COMMENTS: Exhibits: Ordinance #30, Series of 2013 A. Application B. HPC Resolution C. HPC minutes C: 0 ORDINANCE #30 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT AND TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID #:2735-124-42-004 WHEREAS, the property owner, Karbank 430 LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split and Transferable Development Rights for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall meet the requirements of Municipal Code Section 26.480.030(A)(2), Subdivision Exemptions, Lot Split and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, at their regular meeting on June 26, 2013, the Historic Preservation Commission considered the application, found the application was consistent with the review standards, and unanimously recommended City Council approval by a vote of 6 to 0. The Historic Preservation Commission also granted a 500 square foot floor area bonus, an action within their authority, according to Section 26.415.110 of the Municipal Code, on the basis that development rights on Lot 1 would be converted to TDR's and sold; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark Lot Split and Transferable Development Rights are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: 430 W. Main Ordinance 430, Series of 2013 Page 1 of 4 • Section 1: Historic Landmark Lot Split and Transferable Development Rights Pursuant to the findings set forth above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption and up to 10 Transferable Development Rights for 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado with the following conditions: 1. A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department 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. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the zone district, except the variances approved by the HPC; and d. Be labeled to indicate that: Lot 1, a 4,000 square foot lot, is allowed a maximum floor area of 2,144 square feet. 2,000 square feet of floor area has been approved as 8 Transferable Development Rights, which may from time to time, and as warranted by the TDR market, be converted into certificates and sold. Lot 2, a 5,000 square foot lot, is allowed a maximum floor area of 2,868 square feet, including a 500 square foot bonus granted by the Historic Preservation Commission, on the basis that the development rights on Lot 1 would be converted to TDR's and sold. 500 square feet of floor area has been approved as 2 Transferable Development Rights, which may from time to time, and as warranted by the TDR market, be converted into certificates and sold. Certificates for the two TDR's that may be issued in connection with the 500 square foot floor area bonus awarded for Lot 2, pursuant to Aspen Municipal Code Section 26.415.110.F.1 h, shall not be issued unless and until certificates for all eight TDR's for Lot 1 have been issued and the corresponding deed restrictions recorded for each of those eight TDR certificates. 430 W. Main Ordinance #30, Series of 2013 Page 2 of 4 Section 2: Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 430 W. Main Ordinance #30, Series of 2013 Page 3 of 4 0 • Section 5: Public Hearin A public hearing on the ordinance shall be held on the 26th day of August, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of July, 2013. Steven Skadron, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2013. ATTEST: Kathryn Koch, City Clerk James R. True, City Attorney Steven Skadron, Mayor 430 W. Main Ordinance #30, Series of 2013 Page 4 of 4 0 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE OF PROPERTY: Aspen, CO SCHED "LED PUBLIC HEARING DATE: ,2013 STATE OF COLOR4DO ) ) ss. County of Pitkin ) In ( r 1 kl (name, please print) being or representing an Apnlicant o the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice ("sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) • 0 Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The for oing "Affidavit of Notice" was acknow edged efore me this &aay Of u , 2013 by WITNESS MY HAND AND OFFICIAL SEAL My commission • Notary Publ�c ►� ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLIC. TION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTICD BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 - -1 PUBLIC NOTICE RE: 430 W. MAIN STREET- HISTORIC LAND- MARK LOT SPLIT AND ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 26, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in Council Chambers, City Hall,130 S. Galena St., Aspen, to consider an application submitted by Karbank 430 LLC, 604 W. Main Street, Aspen, CO 81611, owner of the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, PID #2735-124-42-004. City Council will review a proposal to subdivide the property into one 4,000 square foot lot and one 5.000 square foot lot. Most of the potential development on the property is proposed to be converted into ten Transferable Development Rights, to be con- structed elsewhere in Aspen. For further infor- mation, contact Amy Guthrie at the City of As- pen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2758, amy.guthrie@cityofaspen.com. Published in the Aspen Times on August 8, 2013. [94344811 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: `-'16 W"k Ww--w 4VIA, Aspen, CO SCHEDULED PUBLIC HEARING DATE: �kv�.w•A a b , 20 k_� STATE OF COLORADO ) ) ss. County of Pitkin ) I, �' pr_'� 0,.. '- 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 g day of Any %"-k , 20_a, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. v 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. 1A1 A Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) • 0 n\ N Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. V^`A Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. — 2A��= (2i Signature The foregoing "Affidavit of Notice" was ac owledged before me this 13�day of , 2012), by 2 1 EMILY ESSIG Notary Public State of Colorado Notary ID 20094002055 !'nmmission Expires Feb 11, 2017 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: tEA I � a -] Notary Pu 1 c ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 0 • PUBLIC NOTICE RE: 430 W. MAIN STREET- HISTORIC LANDMARK LOT SPLIT AND ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 26, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Karbank 430 LLC, 604 W. Main Street, Aspen, CO 81611, owner of the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, PID #2735-124-42-004. City Council will review a proposal to subdivide the property into one 4,000 square foot lot and one 5,000 square foot lot. Most of the potential development on the property is proposed to be converted into ten Transferable Development Rights, to be constructed elsewhere in Aspen. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy.guthrie@cityofaspen.com. s/ Steven Skadron, Mayor Aspen City Council Published in the Aspen Times on August 8, 2013 City of Aspen Account Q uj to CO " 0 N P E O 0 C' Q co QO 0 N? i Q LCjCD p; j ' C � O `" O; CL, O` C o •� ti E CD, Co p , p OI (v Q± �- ,j, Q �i >1 a), 4- C , F/) ' �{ En L 0), t(0 t '-' co, a v�i, 5i �i . (t- ZE tit 0 IF' F s u /� Easy Peel® Labels i ♦ Bend along line to Q Ate® 5160® Use Avery® Template 51600 Feed Paper expose Pop-up EdgeTM 1 501 WEST MAIN LLC ALPINE BANK ASPEN ASPEN FAMILY HOLDINGS LLC 532 E HOPKINS AVE ATTN ERIN WIENCEK 137 WESTVIEW DR ASPEN, CO 81611-1818 PO BOX 10000 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 ASPEN MESA STORE LLC ASPEN FSP ABR LLC ASPEN SQUARE CONDO ASSOC INC 11921 FREEDOM DR #950 C/O ASPEN BLUE SKY HOLDINGS LLC 617 E COOPER AVE RESTON, VA 20190 PO BOX 8238 ASPEN, CO 81611 ASPEN, CO 81612 BAILEY RYAN TANNER MCKENZIE TRST BLOCKER LAURA G BRIEN ALICE 50% PO BOX 9213 110 NEALE AVE BAKER & HOSTETLER LLP ASPEN, CO 81612 ASPEN, CO 81611 303 E 17TH AVE #1100 DENVER, CO 80203 BROOKS NORMAN A & LESLEE S 16311 VENTURA BLVD #690 ENCINO, CA 91436 CHRISTIANA ASPEN CONDOMINIUM OWNERS ASSOCIATION INC 678 COUNTY RD 127 GLENWOOD SRPINGS, CO 81601 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 COLORADO MTN NEWS MEDIA PO BOX 1927 CARSON CITY, NV 89702 DAHL W ROBERT & LESLIE A 83 PECKSLAND RD GREENWICH, CT 06831 DRATCH KATE TYCHER 2012 TRUST ROSELAND PROPERTY CO / BARBARA MASCERA 233 CANOE BROOK RD SHORT HILLS, NJ 07078 FAT CITY HOLDINGS LLC 402 MIDLAND PARK PL ASPEN, CO 81611 t:tiquettes faciles A peter Utilisez le gabarit AVERY® 51600D j CARINTHIA CORP 45 E LUPINE DR ASPEN, CO 81611 CHRISTIANA UNIT D101 LLC 795 LAKEVIEW DR MIAMI BEACH, FL 33140 CLICK JANE 333 W MAIN ST #2A ASPEN, CO 81611 CORONA VANESSA LOPEZ PO BOX 3670 ASPEN, CO 81612 DESTINATION RESORT MGMT INC 610 S WESTEND ST ASPEN, CO 816112142 EMERICK SHELLEY W 2449 5TH ST BOULDER, CO 80304 FERGUS ELIZABETH DAWSON PO BOX 1515 ASPEN, CO 81612 A Replier6Ilafmchweefin,ate Sens4te rdv6ler le rebord Po u TM ' chargement p' p j CARTER RICHARD P PO BOX 2932 TELLURIDE, CO 81435 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 COCHENER CAROLINE A TRUST #5 7309 EAST 21 ST ST #120 WICHITA, KS 67206 CORTALE ITA 205 S MILL ST #112 ASPEN, CO 81611 DILLON RAY IV PO BOX 10543 ASPEN, CO 81612 FARR CHARLOTTE 306 MCCORMICK AVE CAPITOLA, CA 95010 FINE FREDRIC N & SONDRA 412 MARINER DR JUPITER, FL 33477 awvvvwwerycom ' 1-800-GO-AVERY ' 1 Easy Peel® Labels i ♦ Bend along line to I AVERY® 51600 ; ® 1 Use Avery® Template 51600 Feed Paper expose Pop-up EdgeTM 1 w 1 FISCHER SISTIE 442 W BLEEKER ASPEN, CO 81611 GANT CONDO ASSC 610 S WESTEND ST ASPEN, CO 816112142 GOLDMAN DIANNE L PO BOX 518 FAIRFIELD, CT 06824 HILLMAN TATNALL L REV TRUST 504 W BLEEKER ST ASPEN. CO 81611 HY-MOUNTAIN TRANSPORTATION INC 214 B AABC ASPEN, CO 81611 KIRVIDA KATHY L REV TRUST PO BOX 518 LINDSTROM, MN 55045 MOLLER DIANE T REVOCABLE TRUST 5/16/2013 302 E FIGUEROA ST SANTA BARBARA, CA 93101 NORTHWAY LLC 106 S MILL ST #202 ASPEN, CO 81611 QUINN CHRISTINE 333 W BLEEKER ST ASPEN, CO 81611 ROSENTHAL DIANNE PO BOX 10043 ASPEN, CO 81612-7311 Etiquettes faciles h peler Utilisez le gabarit AVERY® 51600D FISERV ISS & CO FBO ROBERTA N LOWENSTEIN PO BOX 741626 BOYNTON BEACK, FL 33474 GARMISCH LODGING LLC 110 W MAIN ST ASPEN, CO 81611 H & H PROPERTIES LLLP 807 W MORSE BLVD STE 101 WINTER PARK, FL 32789-3725 HOWELL DANIEL B & MARY H 3701 PALMA CEIA CT TAMPA, FL 33629 JEWISH RESOURCE CENTER CHABAD OF ASPEN 435 W MAIN ST ASPEN, CO 81612 LORENTZEN AMY L 26 GREENVIEW WAY MONTCLAIR, NJ 070432532 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 GOLDENBERG STEPHEN R & CHERYL J 430 W HOPKINS AVE ASPEN. CO 81611 HAYMAN JULES ALAN 9238 POTOMAC SCHOOL DR POTOMAC, MD 20854 HUDGENS ROBYN 401 W BLEEKER ST ASPEN, CO 816111225 JOHNSTON FAMILY TRUST 2018 PHALAROPE COSTA MESA, CA 92626 MACDONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 MURPHY JULIANNE & WILLIAM R JR REV NORTH AND SOUTH ASPEN LLC TRUST 200 S ASPEN ST 9833 SHORELINE DR ASPEN, CO 81611 LONGMONT, CO 80504 PERRY EMILY V 1497 ISABELLA LN SANTA BARBARA, CA 93108 RAINBOW CONNECTION PROPERTIES LLC 4475 NORTH OCEAN BLVD #43A DELRAY BEACH, FL 33483 SAND CANYON CORP ATTN KAREN COGBURN 4875 BELFORT RD #130 JACKSONVILLE, FL 32256 ♦ 11 Sens de Repliez 6 la hachure efin de ; chargement r6v6ler le rebord Pop-upTM j PIONEER PARTNERS LTD 617WMAIN ST ASPEN, CO 81611 RISCOR INC 2651 N HARWOOD ST #580 DALLAS, TX 75201-1576 SCHALL FAMILY TRUST 8/31/1998 3841 HAYVENHURST DR ENCINO, CA 91436 wfww.averycom ; 1-800-GO-AVERY ' 1 Easy Peel® Labels i ♦ Bend along line to o Ate® 5160® Use Avery® Template 51600 j •Feed Paper expose Pop-up EdgeTM i 1 SCOTT MARY HUGH RUSSELL SCOTT III & CO LLC 5420 S QUEBEC ST #200 GREENWOOD VILLAGE, CO 80111 STUART DANIEL S & TAMARA B PO BOX 3274 ASPEN, CO 81612 SEAL MARK PO BOX 9213 ASPEN, CO 81612 TOMS CONDO LLC C/O BRANDT FEIGENBAUM PC 132 MIDLAND AVE #4 BASALT. CO 81621 TYCHER DANA 2012 TRUST ULLR CONDO LLC ROSELAND PROPERTY CO / BARBARA 6450 AVENIDA CRESTA MASCERA LA JOLLA, CA 92037 233 CANOE BROOK RD SHORT HILLS, NJ 07078 VERNER DANIEL A & MERYLE 2577 NW 59TH ST BOCA RATON. FL 33496 WERLIN LAURA B TRUST 2279 PINE ST SAN FRANCISCO, CA 94115 WAGNER HOLDINGS CORP LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WHIPPLE JOHN TAGGART 121 S GALENA ST ASPEN, CO 81611 SMITH ANDREW C & DONNA G 3622 SPRINGBROOK ST DALLAS, TX 75205 TUCKER LUCY LEA PO BOX 1480 ASPEN, CO 81611 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 WENDT ROBERT E II 350 MT HOLYOKE AVE PACIFIC PALISADES, CA 90272 ttiquettes faciles a peter ; A Sens de Replies h la hachure afin de ; www.avery.com Utilisez le abarit AVERY® 51600 9 j chargement r6veler le rebord Po u TM ' p" p j 1-800-GO-AVERY ' j u U MEMORANDUM TO: Mayor and Aspen City Council 111. THRU: Chris Bendon, Community Development Director {'�) FROM: Amy Guthrie, Historic Preservation Officer RE: 430 W. Main Street- Historic Landmark Lot Split and Transferable Development Rights, First Reading of Ordinance # 90 Series of 2013 DATE: July 22, 2013 SUMMARY: The subject property is located within the Main Street Historic District and contains a late 19`h century Victorian era home that currently functions as an office. It was built for M.O. Berg in 1892. Mr. Berg was the proprietor of The Mint saloon in downtown Aspen. In 2005, a previous owner received approval for a Historic Landmark Lot Split, but never filed a plat to finalize the subdivision, so the approval expired. The new owner proposes to resurrect the lot split. A 4,000 square foot parcel will be created on the corner. The right to develop a single family home on this parcel will be converted into 8 TDRs, to be landed elsewhere in town. 144 square feet of buildable area will be left on the lot. A very large tree will be preserved without impacts from the construction that would have been possible without the TDRs. The 1904 map below illustrates that the new vacant lot (Lot K and a portion of Lot L) was not developed in the Victorian era. It has always been an open yard. 430 W. Main today 1 430 W. Main in 1904 0 • A 5,000 square foot parcel will be created and will contain the Victorian structure. The applicant has received a 500 square foot floor area bonus from HPC, which will be used to cover a portion of the 2,350 square foot Victorian. The unused development rights on this lot will be 518 square feet, 500 of which is to be converted into 2 TDRs and sold. The floor area bonus was specifically approved as a reward for the preservation of the site without additional development. The ordinance contains language that revokes the bonus should the TDR concept be abandoned. HPC has recommended that Council approve the proposal. As part of their review, HPC also granted a sideyard setback variance to allow the Victorian house to be 3' from the new lot line rather than the standard requirement of 5.' Council is the decision -making authority on both the lot split and the establishment of TDRs. APPLICANT: Karbank 430 LLC, Neil Karbank, represented by Alan Richman Planning Services. PARCEL ID: 2735-124-42-004. ADDRESS: 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. ZONING: MU, Mixed Use. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet Section 26.480.030(A)(2) and (4) and Chapter 26.470. Growth Management where applicable. 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT All of the following conditions must be met: a. The land is not located in a subdivision approved by either the 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 on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Finding: The property is in the original townsite. 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 Chapter 26.470. Staff Finding: The applicant proposes two lots, both of which conform to the MU zone district. 2 • 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 Chapter 26.470. Staff Finding: No subdivision exemption or lot split exemption has been executed. 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 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 26.470. Staff Finding: The subdivision plat shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. e. The subdivision exemption agreement and plat shall be recorded in the office of the 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 subdivision exemption agreement shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. f. In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Staff Finding: No building sits on the proposed new lot line. No buildings will be demolished. g. Maximum potential residential build -out 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 Transferable Development Rights for the site will be based on a single family use on each of the two lots. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT All of the following conditions must be met: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, C-1 or MU Zone District. Staff Finding: The subject parcel is 9,000 square feet and is located in the MU Zone District. b. The total FAR for each lot shall be established by dividing the allowable floor area for a duplex or two detached residences on the fathering parcel according to the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. When the property is redeveloped with any allowed 3 uses other than single family or duplex residential, refer to the Zone District for allowable FAR on each lot. Staff Finding: The property is zoned mixed -use and therefore has a maximum floor area of up to 9,000 square feet. TDRs can only be established based on the residential development potential of the site, which is a lower square footage, in this case half of the mixed -use potential. The 4,000 square foot lot is eligible for 2,144 square feet of residential floor area, or 8 TDRs. The 5,000 square foot lot is eligible for 2,868 square feet of floor area (including a floor area bonus), or 2 TDRs after the existing Victorian house is covered. In spite of the floor area calculation being based on residential potential, the Victorian can continue to be used as permitted in the zone district, including functioning as office space. c. The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Chapter 26.415 as benefits for historic preservation are only permitted on the parcels that contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. Staff Finding: The development will meet the dimensional requirements of the zone district except for a setback variance that was approved within the authority of the HPC. TRANSFERABLE DEVELOPMENT RIGHTS 26.535.070. Review criteria for establishment of a historic transferable development right. A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A. The sending site is a historic landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. Staff Finding: Single family and duplex uses are permitted in the zone district where 430 W. Main Street is located. B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. Staff Finding: The application demonstrates that there is unused FAR available on the property. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. 4 • Staff Finding: No non -conformities will be created by the project. All dimensional requirements of the zone district are met or have properly received variances from HPC. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Staff Finding: The analysis only includes development that is by right or has been awarded by HPC approval. E. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Finding: No such development order exists. F. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as my be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: The deed restriction will follow the form approved by the City Attorney. G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Finding: A closing will be scheduled at the conclusion of the review. H. It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development 5 0 Director. Certain review fees may be required for the confirmation of built floor area. (Ord. 54-2003, §§ 4, 5) Staff Finding: The applicant has provided floor area analysis. RECOMMENDATION: Staff and HPC recommend Council approve this Historic Landmark Lot Split and the creation of TDRs, with conditions outlined in the Ordinance. PROPOSED MOTION: "I move to approve Ordinance #Series of 2013, on First Reading." CITY MANAGER COMMENTS: Exhibits: Ordinance # Series of 2013 A. Application B. Draft HPC Resolution C. HPC minutes T 0 • ORDINANCE # (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT AND TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID #:2735-124-42-004 WHEREAS, the property owner, Karbank 430 LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split and Transferable Development Rights for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall meet the requirements of Municipal Code Section 26.480.030(A)(2), Subdivision Exemptions, Lot Split and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, at their regular meeting on June 26, 2013, the Historic Preservation Commission considered the application, found the application was consistent with the review standards, and unanimously recommended City Council approval by a vote of 6 to 0. The Historic Preservation Commission also granted a 500 square foot floor area bonus, an action within their authority, according to Section 26.415.110 of the Municipal Code, on the basis that development rights on Lot 1 would be converted to TDR's and sold; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark Lot Split and Transferable Development Rights are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: 430 W. Main Ordinance #_, Series of 2013 Page 1 of 4 Section 1: Historic Landmark Lot Split and Transferable Development Rights Pursuant to the findings set forth above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption and up to 10 Transferable Development Rights for 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado with the following conditions: A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department 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. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the zone district, except the variances approved by the HPC; and d. Be labeled to indicate that: Lot 1, a 4,000 square foot lot, is allowed a maximum floor area of 2,144 square feet. 2,000 square feet of floor area has been approved as 8 Transferable Development Rights, which may from time to time, and as warranted by the TDR market, be converted into certificates and sold. Lot 2, a 5,000 square foot lot, is allowed a maximum floor area of 2,868 square feet, including a 500 square foot bonus granted by the Historic Preservation Commission, on the basis that the development rights on Lot 1 would be converted to TDR's and sold. 500 square feet of floor area has been approved as 2 Transferable Development Rights, which may from time to time, and as warranted by the TDR market, be converted into certificates and sold. Certificates for the two TDR's that may be issued in connection with the 500 square foot floor area bonus awarded for Lot 2, pursuant to Aspen Municipal Code Section 26.415.110.F.1 h, shall not be issued unless and until certificates for all eight TDR's for Lot 1 have been issued and the corresponding deed restrictions recorded for each of those eight TDR certificates. 430 W. Main Ordinance #_, Series of 2013 Page 2 of 4 0 • Section 2: Severabdity If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 430 W. Main Ordinance #_, Series of 2013 Page 3 of 4 • • Section 5: Public Hearing A public hearing on the ordinance shall be held on the 26th day of August, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of July, 2013. Steven Skadron. Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this _ day of , 2013. ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: James R. True, City Attorney Steven Skadron, Mayor 430 W. Main Ordinance # , Series of 2013 Page 4 of 4 0 0 t�: t � t � E� A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT AND GRANTING APPROVAL FOR A SETBACK VARIANCE AND A FLOOR AREA BONUS FOR THE PROPERTY LOCATED AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #22, SERIES OF 2013 Parcel ID #: 2735-124-42-004 WHEREAS, the applicant, Karbank 430 LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split, Setback Variance and Floor Area Bonus for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the application shall meet the requirements of Aspen Municipal Code Section 26.480.030; and WHEREAS, in order to receive approval for a setback variance, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C. La; and WHEREAS, in order to receive approval for a floor area bonus, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.F; and WHEREAS, Amy Guthrie, in her staff report dated June 26, 2013, performed an analysis of the application based on the standards, and recommended the application be approved with conditions; and WHEREAS, at a regular meeting held on June 26, 2013, the Historic Preservation Commission considered the application, found the application to meet the standards, and approved the application by a vote of 6 to 0. NOW THEREFORE, BE IT RESOLVED: HPC supports Council approval of the Historic Landmark Lot Split and grants a setback variance and floor area bonus with the following conditions: 1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing the property into a 4,000 square foot lot and a 5,000 square foot lot. The applicant has represented that, if approved by City Council, the unused development rights will, from time -to -time and as warranted by the TDR market, be converted to TDRs, and sold. 2. HPC grants a 2' west sideyard setback reduction for the lot containing the Victorian building. 3. HPC grants a 500 square foot floor area bonus, to be applied to the calculation of floor area relative to the existing building. No expansion is approved. 4. Remove the railing at the front porch of the Victorian, if allowed by Building Code. 5. The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 430 West Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 2 APPROVED BY THE COMMISSION at its regular meeting on the 26th day of June, 2013. Approved as to Form: Debbie Quinn, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Jay Maytin, Acting Chair ATTEST: Kathy Strickland, Chief Deputy Clerk ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JUNE 26, 2013 MOTION: Jay moved to continue 233 W. Hallam to July 241h second by Nora. VOTE: Jane, no; Sallie, no; Nora, yes; Jay, yes; Willis, yes, Patrick, yes. Motion carried 4-2. Jane said there are many projects approved conceptually with several conditions. I feel the applicant can solve the problems. 430 W. Main — Historic landmark lot split and variances, public hearing Debbie said the affidavit of posting is in order and the applicant can proceed. Exhibit I Alan Richman Planning Services and Karbank 430 LLC Amy said this is a corner lot and the property contains a 1 '/2 Victorian house and a huge tree on the lot. There were also work sessions in the past on this house with additions and none ever came to be. Neil Karbank has purchased the property and would like to do a lot split and almost all the development rights sold away as TDR's. In this case there is a 4,000 square foot lot on the corner that will have the heritage tree and all the development rights except for 177 square feet will be converted to TDR's to be sold to other historic homes. The interior lot is a 5,000 square foot lot with a Victorian house and all but 18 square feet will be sold as two TDR's. There is a request for a bonus on the interior lot. There is no project proposed. The bonus would be awarded to cover part of the existing building and 500 square feet would be converted to TDR's and sold. Staff is in supportive of this application especially on Main Street and preserving the openness. The new lot line would create for a need of a two foot setback reduction from the west side of the historic house to the lot line. On the Victorian house someone enclosed the front porch and then it was re -opened. There is a balustrade railing that was not there originally. If the Building Dept. would allow them to remove the railing and not have too much of a drop off we suggest as a restoration effort for the bonus that the railing go away. Alan said there was an approved lot split around 6 years ago. We basically kept the configuration of the two lots the same, a 5,000 square foot and a 4,000 square foot lot. The reason it is 4,000 square feet is because of the heritage tree. We are trying to create room on the lot to preserve the evergreen tree. This would preserve the white Victorian structure as you see G • • ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JUNE 26, 2013 it and this is a great thing for Main Street. The setback is more of a technical variance. By creating the 4,000 square foot lot the lot line comes right up to the edge of the building and so we need two feet of additional setback. The FAR bonus is important and it basically helps make this a worthwhile preservation effort for the Karbank family. We thought sending all the TDR's off this property represents an exceptional preservation proposal. The shingles on the roof are weathered and really not in good shape and they need to be maintained and we committed to do that. If the HPC would like us to remove the railing that is fine with us. We have no issue with any of the conditions that staff has recommended and we hope that HPC will support this. Patrick inquired about extinguishing the 177 square feet. Alan said there isn't a mechanism in the code for a partial TDR. TDR's are 250 square feet each. Amy said the 177 square feet would still have HPC review and the tree would not be allowed to move and you can't build too close to it. Jay asked about the value of TDR's. Amy said they sell from $175,000. to $205,000. We have had 6 or 7 of them sell. Commissioner, Jay Maytin opened the public hearing. There were no public comments. The public comment portion of the agenda item was closed. MOTION: Patrick moved to approve resolution #22 with one edit to condition # 1 which states that they can sell one TDR at a time; motion second by Willis. Nora asked about the language change. Alan said it means that they are able to create TDR's one at a time as opposed to taking all of them down at one time and having the inventory that is unsold. Once the TDR is created it is created. It can be reverse. It is a very unpredictable market. We are trying to think of ways to the city council to have more uses for the TDR's. It is a great program but it needs more places that TDR's can be used. 7 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JUNE 26, 2013 Neil said council took away some potential uses of TDR's in the commercial core. Amy said they are only able to use them in the City of Aspen and single family or duplex owners one each. Willis said they can't go to lodges or multi -families. Nora asked about the FAR bonus being transferred because I thought the FAR bonus was for restoration of an historic resource. Amy said there are six or seven justifications for granting a bonus and normally it is justified by someone restoring something but they are certainly retaining notable landscape features by not developing on the property. Jay said basically they are preserving an empty and that is why I am comfortable with it. Willis agreed that they are preserving the site. Willis noted on page 8 that the applicant is not required to comply with all of the elements to be eligible to receive the bonus. Jay thanked the applicants and commented that he would like to see more preservation like this. The TDR program is making this possible and it is a win win situation. Nora also said it is being used very visibly on the property. One can also use the picnic table. Patrick asked about a fence. Amy said she usually reviews fences on HPC's behalf unless it is a problem. Nora asked if the property would be fenced. Neil said he talked about it but he is not sure. In the winter the bushes are dormant but now they are leafed out and there isn't a need for a fence. Willis said the motion includes taking the baluster off the porch. 0 • ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JUNE 26, 2013 Roll call vote: Patrick, yes; Willis, yes; Jay, yes; Nora, yes, Jane, yes; Sallie, yes. Motion carried 6-0. Election of officers Debbie announced that this election is for the balance of the term. HPC is required to have them in January. Jay nominated himself as chair. Nora nominated Jane as chair. Jay is chair. Willis nominated himself as vice -chair. Nora nominated Jane as vice -chair. Tie vote: Willis and Jane are vice -chairs. MOTION: Jay moved to adjourn; second by Patrick. All in favor, motion carried. 557 Walnut — work session — no minutes Debbie said this is a work session and there can be no approvals and the applicant cannot rely on anything that is said by the commission as a whole or by any individual commissioner. Kathleen J. Strickland, Chief Deputy Clerk 611 430 WEST M 0 10 20 U.S. SURVEY FOOT VICINITY MAP 1'-400' e N PLATSTREET HI AORICNOF THE DMARK SITUATED ON LOTS K L AND M BLOCK 37 CITY AND TOWNSI'TE OF ASPEN COUNTY OF P TKIN, STATE OF COLORADO AREA: 0.207 ACRES•/- 19,000 SO. FT.-/-1 PARCEL ID NO. 2735-124.42-004 7SAID' 14 DL I I l W a ti CITY OF ASPEN / OPS MONUMENT NO, 9 Q \ a / J� \ 0 / o / U / M c=, J\ Y \ e r� FOUND CITY MONUMENT "5 CORNER BLOCK 37 NORM ZONTAL CONTROL _.'. Go'E CITY OF ASPEN 079 20 GPS MONUMENT N0. 7 O— PLAT NOTES I THIS 430 WEST MAIN STREET HISTORIC LOT SPLIT SUBDIVISION EXEMPTION PLAT HAS BEEN PREPARED IN ACCORDANCE WITH CITY COUNCIL ORDINANCE NUMBER _ SERIES OF 2013AND XI 5TORIC PRESERVATION COMMISSION RESOLUTION NUMBER SERIES OF 2013. THE LANDS AFFECTED BY THIS PUT ARE SUBJECT 70 THE TERMS AND CONDITIONS OF SAID APPROVALS ANO BY ALL APPLICABLE LAND USE REGULATIONS OF THE CITY OF ASPEN. 2 AADDDITIOFUR ONAL UNITS BEION BUILT WITHOUT SE ORECEIPT BE OFOANTED PP OVALSR91LL MAY BE REWIRED By THE PROVISIONS OF THE ASPEN LN D USE CODE IAM EFFECT AT THE TIME OF SUCH DEVELOPMENT APPLICATIONS. 3 ALL MEW DEYELDPMEM ON THESE LOTS WILL CONFORM TO THE DIMENSIONAL REQUIRET4NT3 OF THE MIXED USE IMUI ZONE DISTRICT, UNLESS VARIANCES TO THESE REQUIREMENTS ME GRANTED BY THE ASPEN HISTORIC TO COMMISSION. 4 LOT I !HALL HAVE A MAXIMUM ALLOWABLE FLOOR AREA OF 2,144 30. FT CALCULATED PURSUANT TO THE APPLICABLE PROVISIONS OF THE ASPEN LAND UBE CODE. LOT SMALL BE SUBJECT TO FAR/LOT AREA RESTRICT(DNS THAT APPLY (SLOPE, EASEMENTS, ETC.) IN ACCORDANCE WITH THE LAND UBE CODE. S LOT'2 SMALL HAVE A MAXIMUM ALLOFT .WABLE R WS IA AREA OF 5 000 40. FT PURSUANTETOUSE TTHE APPb CABLE PRO' ISTONS ROFI THHEET ASPENIAL USE LANNDALCIILATED USE CODE. LOT 5HALL BE SUBJECT TO FAR/LOT AREA RESTRICTIONS THAT APPLY ISLOPE, EASEMENTS, ETC.) IN ACCORDANCE WITH THE LAND USE CODE. 6 LOT I SMALL BE DEVELOPED AND USED AS A SINGLE-FAMILY RESIDENCE �iOS: "" L.VNTWMrT rnluvx KKK EOfI m uwx .'WY�°fsMO°°00cr w AFTE1 Y011 FI�RT DIR[ 1 NDI OfJ2CT. ° EYEM vr n Kt1ox RARm�� DEHii N DIIB FLAT sm nDfE TUx !Ex GRW MM lIW % ; n Y WTIfIGTIAI TIFIGTI WI 1 010 IF T mWET °TNW£0 WIrN `IE°KfAI 5 'IOU YARN. I ' I l N S 12OL 9! �` 'DL II- D SNOW AND TRASH 40.00. 12'6L STORAGE 36' F IB'dL IL O T I � I 4, OGO 50. FT. I CON, ql` fN )S ,DD II M 00.00 I v 1 AfA f N !/OO GO W T p E R DW.I ALLEY -2D.Bloc fC \ �"A�o 37 Sp GRAJEL / PAflK LNG I L � OFF I/ E M BUILDING FOOTPRINT AREA 1,334 SF I n Fqa ELECTRIC COMMU.IUTI ON AND UIL ITV EASEMEN N NT RECEPTIO0. 284013 1. UP = REC. COXC RETAINING WALL e dL 6" F 12'Dl N ASEI 108 151868 Co9c. RE TAININO WALL ENCROACHES 0 10' D 2D'dL NK ALUM CAP 0 9' OF BEC LEGEND AND NOTES 0 FOUND SURVEY MONUMENT WITH CAP AS DESCRIBED WITH LS 40. AS DESCRIBED Q NO RE -BAR 'KITH RED CAP, LS 25947, TO BE SET MEN CONDITIONS PERMIT * 1959 CITY MONUMENT, WATER PIPE WITH CAP 0 SURVEY CONTROL ® -WHOLE 0 STREET LIGHT ❑ UTIL`ITY BOX W - — FENCE TITLE INFORMATION WAS FURNISHED BY: STEWARTFILE NO.T01330-20262-AMENDED N0. C4 EFFECTIVE DATE: FEBRUARY 26, 2013 IMPROVEMENTS SHOWN ARE AS OF 3/13 WITH WIN ON GROUND BEARINGS BASED ON THE CITY MONUMENTS FOR THE SOUTHWEST CORNER OF BLOCKS 11 AND 44: IS'75 09'II'E S 111,11 1 TREE WITH CALIPER ID -DECIDUOUS F-CONIFER, OL-ORIPLINEI THIS PROPERTY 15 SITUATED IN ZONE 'X- (AREAS DETERMINED TO BE OUTSIDE SODEAR FLOOD PUINI AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F-YE.M.A. FOR THECITY OF ASPEN COLOR ADO COMMUNITY -PANEL 0W0143 0203U, EFFECTIVE DATE: DIME 4 1967 ' SLANTED TEXT DENOTES BUILDING TO BOUNDARY DIMENSIONS CALLS IN ( ) RECORD FROM 1959 OFFICIAL MAP OF CITY OF ASPEN lEX1EIRPTdON OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT KARBANK 430 LLC, IS THE RECORD OWNER OF' LOTS R L AND M BLOCK 37 CITY AAD TOWNSVTE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO. DOES HEREBY SUBDIVIDE MO REPLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE Of LOTS 1 AND 2 430 WEST MAIN STREET HISTORIC LANDMARX'LOT SPLIT SUBDIVISION EXEMPTIdNI CITY OF ASPEN, PITKIN COUNTY, COLORADO. EXECUTED THIS _ DAY OF , 2013 RAN ARK 430 LLC AS OWNER STATE OF COLORADO I COUNTY OF PITKIN 1 THE FORGOING OWNER'S COTIFICATE WAS ACKNOWLEDGE BEFORE ME THIS DAY OF , 2013 BY KARBANK 430 LLC, AS DINNER. WITNESS MY HAND ANO OFFICIAL SEAL MY COMM1551 ON EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I JOHN N. XOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED uRDER NY OIRECTION'NND SUPERVISION IN DECEMBER 2012 OF THE HEREON DESCRIBED PROPERTY. THE LOUTION AND DIMENSIONS Of THE BOUNDARY LINES BUILDING ENVELOPES UTILITIES IMPROVEMENTS AND EASEMENTS AS SNOUN'ON THE TITLE COMMITMENT ME NOYED HERCON AND ME ACCURATELY SHOWN ON THIS PUT AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH C.R.S. 19]3 TITLE 36 ARTICLE 51 A5 AMENDED FpOM TIME TO TIME. SURVEY CONTROL PRECISION LESS THAN 1/15,000. SIGNED THIS _ DAY OF , 2013 JOHN M. HOWORTH, PLS 25947 TITLE CERTIFICATE THE UNDERSIGNED A DULLY AUTHORIZED REPRESENTATIVE OF STEWART TITLE OF COLORAdO INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY COLORADO 60E5 HEREBY CERTIFY THAT TEN: PERSONS LISTED AS OWNER OF THIS PUT DOES HEREBY HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS MO ENCUMBRANCES EXCEPT THOSE, LISTED ON THE OWNERS CERTIFICATE. ALTHdIXN WE BELIEVE THE FACTS STATE ON THIS FLAT ARE TRUE THIS CERTIFICATE 15 NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE ,THIS OPINION OF TITLE NOR GUARANTEE OF TITLE ANIT S UNDERSTOOD AND AGREED THAT STE'BART TITLE OF C0.0RA00 fNC NEITHER ASSUMES NOR WILL BE CHARGED WITH MY FI NIUL ' OBLIGATION OR LIABILITY WHATSOEVER BASE. ON ANY STATEMENT CONTAINED HEREIN. STEWART TITLE OF CORE ORADO INC. 620 EAST HOPKINS AVENUE ' ASPEN CO 61611 SIGNED: BY: TITLE _ STATE OF COLORADO COUNTY OF PITKIN 1 THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME TH I5 _ DAY OF 2013 BY AS OF STEWART TITLE OF COLORAO0 iNC.. WITNESS MY HAD AND OFFICIAL SEAL MY COMMISSION ExP IRE NOTARY PUBLIC CITY COUNCIL APPROVAL THIS PLAT OF THE 430 WEST MAIN STREET HISTORIC LANDMARK LOT SPLIT SUBDIVISION EU3PTION MS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN ON THIS _ DAY OF Z013 AS ORDINANCE NO. SERIES OF 2013 AND RECORDED AS RECEPTION'No. 516759 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. SIDLED THIS _ DAY OF , 2013. ATTEST MICHAEL C. IRELAND, MAYOR KATHRYN S. KOCH, CITY CLERK CITY ENGINEER'S REVIEW THIS PUT OF THE 430 WEST MAIN STREET HISTORIC LANDMARK LOT SPLIT SURDIV151ON THE WAS REVIEWED BY THE ASPEN CITY ENGINEER, THIS _ DAY OF , 2013. CITY ENGINEER COMMUNITY DIRECTOR REVIEW THIS PLAT OF THE 430 WEST MAIN STREET HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED BY THE ASPEN COWM2N I TY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN THIS DAY OF , 2013. ' DIRECTOR, CLERK AND RECORDER'S ACCEPTANCE THIS PLAT OF THE 430 WEST MAIN STREET HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION WAS ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY COLORADO AT _O'CLOCK _M. ON THIS _ DAY OF , 2013. CLERK AND RECORDER PREPARED BY ASPEN SURVEY ENGINEERS INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (9701 925-3816 DATE JOB 3/13 351660 B • 0 R� E", C�6 E [) ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 April 3, 2013 Ms. Amy Guthrie, Historic Preservation Officer City of Aspen 130 South Galena Street Aspen, Colorado 81611 AIR ) %013 CITY OF ASPEN! CC rM-11i T Y DEVELONEENT RE: APPLICATION FOR LOT SPLIT AND TO ESTABLISH HISTORIC TDR CERTIFICATES FOR 430 WEST MAIN STREET Dear Amy, Please consider this letter and the accompanying materials to be an application for a lot split and to establish historic transferrable development rights (TDR's) which will remove the un-built development rights from the property located at 430 West Main Street. The property is legally described as Lots K, L and M, Block 37, City and Townsite of Aspen. It consists of approximately 9,000 sq. ft. of land that is zoned Mixed Use (MU). The property is a designated Historic Landmark that is located within the Main Street Historic District. The property's Parcel ID # is 273512442004. This application is being submitted by the property owner, Karbank 430 LLC, managed by Mr. Neil Karbank (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #1, the recorded Deed. Authorization for Alan Richman Planning Services to represent the owner for this application is provided by Exhibit #2. We held a pre -application meeting with you prior to the submission of this application. Following that meeting you issued a Pre -Application Conference Summary (attached as Exhibit #3). Based on this meeting, you confirmed that the application is subject to the following review procedures: ♦ Subdivision Exemption for a Historic Landmark Lot Split, pursuant to Section 26.480.030 A.4 of the Code; and ♦ Transferable Development Rights, pursuant to Section 26.535 of the Land Use Code. The applicant's responses to the review standards for these procedures follow below. First, however, a brief statement of background information is presented. 0 �J Ms. Amy Guthrie April 3, 2013 Page Two 1. Background Information The subject property consists of three Townsite lots within the City of Aspen, located at the northeast corner of Fourth Street and Main Street. The total area of the property is 9,000 sq. ft. The property is improved with an historic landmark structure, the M.O. Berg house. According to the City's architectural inventory form (attached as Exhibit #4), the structure was built in 1892 and was used as a residence for nearly 100 years. It was converted into an office building in 1991 and is occupied by offices today. The structure was designated as an historic landmark pursuant to Ordinance 49, Series of 1989. The building was remodeled, with the original porch re -opened, in 1990. In 2005, the prior owner submitted an application to the City for an historic landmark lot split for this property, to create a 5,000 sq. ft. lot for the commercial building and a 4,000 sq. ft. lot for a new free market residence. The lots were configured in this somewhat non-traditional manner to make the residential large lot enough to avoid any development conflicts with the exceptional evergreen tree that is located near the corner of Fourth Street. HPC recommended approval of the lot split pursuant to Resolution 28, Series of 2005 (see Exhibit #5). City Council approved the lot split, pursuant to Ordinance 36, Series of 2005 (see Exhibit #6). The prior owner received several extensions from the Community Development Director for filing the plat for the subdivision. Ultimately the plat was never filed and so the subdivision approval lapsed. The property has recently been purchased by Karbank 430 LLC. The new owner has evaluated the options that are available to owners of historic landmark properties and has concluded that re-establishing the previously -approved lot split for the property and then removing the development rights established by that development order by creating Historic Transferrable Development Rights (TDR's) is the best long term scenario for this property. This approach offers enough of an incentive to Mr. Karbank that he feels comfortable giving up the property's development potential, which would have offered him a significant commercial and residential development opportunity. But by giving up the development rights he will preserve an exceptional Victorian structure at its historic scale. When taken together with the TDR incentives that Mr. Karbank has utilized for the two other properties he owns (604 and 612 West Main Street, located just one block to the west of this property), it means that three notable Victorian structures along Main Street will be permanently protected at their historic scale, thereby maintaining important elements Aspen's original heritage along the highly visible and heavily travelled entrance to downtown Aspen. Following below are the applicant's responses to the Code standards for lot splits and for the establishment of historic TDR's. Ms. Amy Guthrie April 3, 2013 Page Three 2. Historic Lot Split Subdivision Exemption Section 26.480.030 A.4 of the Land Use Code establishes the standards for an Historic Landmark Lot Split. It states that an Historic Landmark Lot Split must meet the requirements of sub -sections 030 A.2 and A.4. The standards of sub -section 030 AA follow below, while the standards of sub -section A.2 are in Section 3 of this application. a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU zone district. Response: The subject parcel is located in the Mixed Use (MU) zone district and contains 9,000 square feet of land. b. The total FAR for both residences is established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. When the property is redeveloped with any allowed uses other than a single family or duplex residential, refer to the Zone District for allowable FAR on each lot. Response: Following is the allowable floor area for each of the lots. These totals have been shown on the draft subdivision plat. Lot 1: This is a vacant lot that would allow a new residence. The allowable floor area for a detached residential dwelling on a 4,000 sq. ft. lot in the MU zone is 2,680 sq. ft. sq. ft. Since there is not an existing residence on this lot, the MU zone district only allows 80% of the floor area that would otherwise be allowed on a lot of this size. This means that the allowable floor area for a residence on Lot 1 is 2,144 sq. ft. Lot 2: This lot contains the existing office building. The floor area ratio for a commercial property in the MU zone district is 0.75:1, which would allow the offices to be expanded to 3,750 sq. ft. If the development were mixed use it would permit 1:1 of floor area, for a total of 5,000 sq. ft. The floor area ratio may be increased to 1.25:1 (6,250 sq. ft.) by special review. If the use were converted back to residential the allowable floor area would be 80% of the floor area that would otherwise be allowed on a lot of this size. This means that the allowable floor area for a residence on Lot 2 is 2,960 x 0.8 = 2,368 sq. ft. These calculations reflect the floor area allowed pursuant to the City's adopted floor area calculation methodology, found in Section 26.575.020 of the Land Use Code. Any areas that the Code exempts from floor area calculations would be available to these lots as additional floor area above and beyond these specified amounts. C. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(8) (1) (a), (b), and (c) are only permitted on the parcel that will contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. • • Ms. Amy Guthrie April 3, 2013 Page Four Response: No development is being proposed at this time. A 500 sq. ft. floor area bonus is being requested (see below). The applicant is also requesting a setback variance to reduce the side yard setback along the west side of Lot 2 from 5' to 3'. The standards by which HPC may grant a setback variance can be found in Section 26- 415.110.0 of the Code. This section requires the HPC to find that such 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 historic property or historic district. Response: The applicant has maintained the proposed lot line between Lots 1 and 2 in the same place where it was shown for the lot split granted in 2005. That lot split created a 4,000 sq. ft. lot (the vacant Lot 1) and a 5,000 sq. ft. lot (the lot with the landmark structure). The lot line is only set back from the structure by approximately T, necessitating the variance. This variance is more of a "paper variance" than an actual variance on the ground. The applicant is not proposing that the existing building change in location or configuration. The only change is that the subdivision will place a lot line within the three Townsite lots, necessitating the setback variance. But in terms of what is seen on the ground, the structure will retain its distance from the perimeter of the entire property. The variance is needed so Lot 1 can be large enough to avoid any potential conflicts with the large tree near the corner of Fourth Street. Therefore, the variance will allow the present significance and character of this historic property and the Main Street Historic District to be preserved. 2. Subdivision Exemption for Lot Split Section 26.480.030 A.2 of the Aspen Land Use Code provides the opportunity for an applicant to split a parcel of land into two separate lots via an exemption from subdivision. As noted above, sub -section 030.A.4 requires an applicant for an Historic Landmark Lot Split to also comply with the standards of sub -section 030 A.2. To obtain the subdivision exemption, the applicant must comply with the following standards: a. The land is not located in a subdivision approved by either the Pitkin County Board of 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. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Sites and Structures Response: The land is comprised of original Aspen Townsite lots. Furthermore, the property is listed on Aspen's Historic Inventory and so this restriction does not apply. Ms. Amy Guthrie April 3, 2013 Page Five 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 26.470.070 (B). Response: As shown on the attached subdivision exemption plat, the applicant proposes to create two (2) lots with this lot split. Both lots will be conforming -sized lots in the Mixed Use (MU) zone district, which has a minimum lot size and a minimum lot area per dwelling unit of 3,000 sq. ft. for Historic Landmark properties. No development is proposed for either lot since the applicant proposes to instead establish TDR's and convey the development rights from the lots. Therefore the affordable housing mitigation requirements do not apply to these lots. 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 26.470.040(C)(1)(a). Response: Although a lot split subdivision exemption was conditionally approved for these lots by the City Council in 2005, the plat was never recorded and so no actual subdivision of these lots has ever occurred. Therefore, this property was not previously the subject of a subdivision exemption or a lot split. 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 26.470. Response: A proposed subdivision plat that conforms to the requirements of the Land Use Code has been submitted with this application. The Applicant will work with the City staff during the review of this application to perfect this plat before it is recorded. The plat contains the required note regarding further subdivision and growth allocations. e. 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 of Aspen will be required for a showing of good cause. Response: The Applicant will record the plat and any necessary agreement within the specified time frame. f. In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Response: The applicant acknowledges this standard. • 9 Ms. Amy Guthrie April 3, 2013 Page Six g. Maximum potential buildout for the two parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Response: The applicant plans to transfer the development rights from the property and will not develop any residential units on it. The TDR analysis is based on a two (2) unit development scenario and so is in compliance with this standard. Establishment of Historic TDR's The applicant proposes the establishment of ten (10) Historic TDR Certificates for the subject property. Section 26.535.070 of the Code provides that a Historic TDR Certificate may be established if the City Council finds all of the following standards have been met: A. The sending site is a Historic Landmark on which the development of a single- family or duplex is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Response: The sending site complies with this standard as follows: 1. 430 West Main Street was designated as a Historic Landmark by the City Council pursuant to Ordinance 49, Series of 1989. 2. According to Section 26.710.180.D.2, a single-family residence and a duplex residence are allowed uses on a historic landmark parcel of 9,000 sq. ft. in the Mixed Use (MU) zone district. B. It is demonstrated that the sending site has permitted unbuilt development rights for either a single-family or duplex home, equaling or exceeding two -hundred and fifty (250) square feet of floor area multiplied by the number of Historic TDR Certificates requested. Response: The applicant engaged Rowland & Broughton Architects to complete an existing conditions analysis for the property. They determined that the landmark structure has an existing floor area of approximately 2,350 sq. ft. (see Exhibit # 7). The un-built development rights for this property have been calculated based on the development order that will be issued for the lot split; as follows: Lot 1: This is a vacant lot that would allow a new residence. The allowable floor area for a detached residential dwelling on a 4,000 sq. ft. lot in the MU zone is 2,680 sq. ft. sq. ft. Since there is not an existing residence on this lot, the MU zone district only allows 80% of the floor area that would otherwise be allowed on a lot of this size. This means that the allowable floor area for a residence on Lot 1 would be 2,144 sq. ft. 0 11 Ms. Amy Guthrie April 3, 2013 Page Seven Lot 2: This lot contains the existing office building, however, its un-built development rights are calculated based on the more limited potential of a detached residence. The allowable floor area for a detached residence on a 5,000 sq. ft. lot in the MU zone is 2,960 sq. ft. sq. ft. Since there is not an existing residence on this lot, the MU zone district only allows 80% of the floor area that would otherwise be allowed on a lot of this size. This means that the allowable floor area for a residence on Lot 2 is 2,368 sq. ft. Adding these two totals together means the entire property has 4,512 sq. ft. of development rights. This total must be reduced by the floor area of the existing landmark structure that will be preserved on the site (2,350 sq. ft.). This leaves 2,162 sq. ft. of undeveloped floor area on the property. At 250 sq. ft. of floor area per each Historic TDR Certificate established, this translates into eight (8) TDR's that are requested to be created from this property. The applicant is also requesting a 500 sq. ft. TDR bonus to create two (2) additional TDR's, for a total of ten (10) TDR's requested to be issued. Responses to the standards for HPC review of a proposed floor area bonus can be found in the next section of this application letter. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. Response: The establishment of the TDR certificates will not create a nonconformity since there will be 162 sq. ft. of unbuilt floor area remaining on the site after all of the TDR's have been issued. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain floor area bonuses, exemptions, or similar potential development incentives. Response: As described in the response to standard B. above, the applicant has based the analysis on the actual built development (the historic structures) and the to -be approved development order (the lot split). E. Any development order to develop floor area beyond that remaining legally connected to the property after establishment of TDR Certificates shall be considered null and void. Response: The applicant acknowledges this standard and agrees to comply with its provisions. • 0 Ms. Amy Guthrie April 3, 2013 Page Eight F. The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area, as may be amended from time to time. The Sending Site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Response: The required Affidavit, Agreement and Draft Deed Restriction are attached as Exhibits #8 and #9, respectively. G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirement, the City shall execute and deliver the applicable number of Historic Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Response: The applicant will schedule a closing date following the establishment of the Historic TDR Certificates by the City Council. H. It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Response: The analysis prepared by the architects is attached as Exhibit #7. Request for FAR Bonus Section 26.414.110. F authorizes the HPC to grant a floor area bonus of up to 500 sq. ft. to a project. Before it may grant the bonus, the HPC must assess the merits of the project and determine whether the project demonstrates "exemplary historic preservation practices". Sub -section FA lists a series of factors that the HPC should consider in making this determination, while sub -section F.2 states that "Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional floor area". This language makes it clear that the applicant is NOT required to demonstrate compliance with all of these elements to be eligible to receive the bonus. 0 u Ms. Amy Guthrie April 3, 2013 Page Nine The factors that HPC must consider and the applicant's responses to these considerations are as follows: a. The design of the project meets all applicable design guidelines. Response: There is no development proposed so compliance with the design guidelines is not applicable. 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. Response: The historic landmark is the only structure on the property and there is no addition planned to it. In fact, the applicant proposes to remove the development rights from this property through the issuance of TDR's. This will maintain the visual integrity of the historic landmark building and preserve it at its historic scale. C. The work restores the existing portion of the building to its historic appearance. Response: The applicant does not propose any work to restore the historic residence. The building was restored in 1990. The applicant will accomplish routine maintenance work to extend the preservation of the structure, including, but not limited to, replacing the shingles on the porch and roof of the structure which have weathered over time. d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings. Response: No new construction is planned. e. The construction materials are of the highest quality. Response: The materials that will be used to replace the shingles will be of the highest quality. f. An appropriate transition defines the old and new portions of the building. Response: There is not a new addition proposed. g. The project retains a historic outbuilding. Response: Not applicable. h. Notable historic site and landscape features are retained. u Ms. Amy Guthrie April 3, 2013 Page Ten Response: The creation of TDR's and elimination of the development potential from Lot 1 will ensure the preservation of the exceptional evergreen tree that is located on that lot. Conclusion I believe this letter and the attached exhibits and drawings provide the information you need to process this application and demonstrate that it complies with the standards of the Land Use Code. We look forward to having this application scheduled for HPC review. Please do not hesitate to contact me if you find there is anything else you require. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. ;to... a.- �-- Alan Richman, AICP 0 u EXHIBITS k V1 RECEPTION#: 598282, 04/03/2013 at EXHIBIT #1 s 02:22:49 PM, 0 1 OF 2, R $16.00 DF $300.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED State Doc Fee: $300.00 Recording Fee: $16.00 THIS DEED is dated the 3rd day of April, 2013, and is made between (whether one, or more than one), SLTM LLC the "Grantor' of the County of Pitkin and State of Colorado and Karbank 430 LLC, a Colorado Limited Liability Company (whether one, or more than one), the "Grantee", whose legal address is Manson Karbank Burke, 604 West Main, Aspen, CO 81611 of the County of Pitkin and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Three Million Dollars and No Cents $3,000,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described as follows: Lots K, L and M, Block 37, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. also known by street address as: 430 W Main Street, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantors heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: See Exhibit "A" attached hereto and made a part hereof IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above SLTM LLC 5L67F L4, JP,-,>, d4.4" rlwj ►�-- ! Ai y- krx-, t.� Scott Lambert, Manag r By: Preston E. Fox as Attorney in Fact State of Colorado County of Pitkin Q The foregoing instrument was acknowledged before me this o� l day of LLtc 20 /3 by Preston E. Fox at attorney in fact Scott Lambert, Manager of SLTM, LLC. Y PUe! 20.' '.� itn and and official al. MAR�IP, l ' p0UT0uS S • No ry Pubic '� My commission expires: �9'•..•••..•• 4' MARCIA POUTOUS �OFCd`' My Commission expires 11 NOV. 5, 20 13 01'I'Y OF ASPEN 01; i s CT I;;i�4iJ HF10- T PAID 10/1RE T PAID DATE REP NO. DATE REF NO. %I3113 AWO 4-,179/ �I3lg 14&,,1- V/ -79/ Stewart Title File Number: 01330-20262 Page 1 of 2 Special Warranty Deed STCO • EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and assessments for the year 2013, not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 4. Ordinance No. 60 Series of 1976 recorded December 9, 1979 in Book 321 at Page 51. 5. Easement Agreement with City of Aspen recorded December 11, 1986 in Book 524 at Page 972. 6. Ordinance No. 49 Series of 1989 recorded September 5, 1989 in Book 601 at Page 143. 7. Resolution recorded August 11, 2005 as Reception No. 513431 8. Resolution recorded October 27, 2005 as Reception No. 516759. 9. Resolution recorded November 28, 2005 as Reception No. 517845. 10. Any rights, easements, interests or claims which would be shown by an accurate survey. 11. Lease dated September 1, 2008 between SLTM, LLC and Jeff Berkus. Stewart Title File Number. 01330-20262 Page 2 of 2 Special Warranty Deed STCO • EXHIBIT #2 Ms. Amy Guthrie, Historic Preservation Officer City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LAND USE APPLICATION FOR 430 WEST MAIN STREET Dear Amy, Karbank 430 LLC is the owner of the property located at 430 West Main Street. As the manager of the LLC, I hereby authorize Alan Richman Planning Services, Inc. to submit a land use application for a historic landmark lot split and to establish Historic TDR Certificates for this property. Mr. Richman is authorized to submit this application on our behalf and to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application please do so through Alan Richman Planning Services or you may also contact me directly at the address or phone number listed below Sincerely, Karbank 430 LLC Neil Karbank, Manager 604 West Main Street Aspen, CO 81611 970-920-2889 EXHIBIT #3 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429.2778 DATE: March 26, 2013 PROJECT: 430 West Main Street REPRESENTATIVE: Alan Richman representing Karbank 430 LLC TYPE OF APPLICATION: Historic Landmark Lot Split and Establishment of TDRs DESCRIPTION: The applicant is interested in pursuing a historic landmark lot split and establishing transferrable development rights (TDRs). 430 W. Main is a designated landmark and is currently all commercial use. It is located within the Main Street Historic District, zoned Mixed Use (MU) and is a 9,000 square feet lot. A historic landmark lot split requires that the newly created lots each be at least 3,000 square feet in size. City Council approved a historic landmark lot split in 2005 via Ordinance 36. The lots were approved to be 4,000 and 5,000 square feet in size. A plat was never recorded for this historic landmark lot split; therefore the 2005 approval is invalid. To calculate the number of TDRs available to be established the maximum FAR for a single family home is used as the baseline number. In the Mixed Use (MU) zone district the max FAR for a single family home is 80% of the allowable FAR for a single family home on a same sized lot within the R-6 zone district. The existing FAR is subtracted from the allowable FAR to determine the amount of unbuilt FAR available on the parcel. TDRs are established in increments of 250 square feet. City Council is the review authority for subdivision of the lot and the establishment of TDRs. Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Land Use Application: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Applications-and-Fees/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.535 Transferrable Development Rights 26.480.030.4 Subdivision Exemption — Historic Landmark Lot Split 26.575.020 Calculations and Measurements Review by: Staff for complete application, City Council Public Hearing: yes - publication, mailing and posting Planning Fees: $3,250 (for a 10 hour deposit, billed at $315 per hour for over 10 hours) Total Number of Application Copies: 10 To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary (this document). 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Site improvement survey. 9. Dimensioned, scaled drawings of existing development and floor area analysis of all structures on property. 10. Draft subdivision plat. 11. Proof of ownership. Letter from property owner consenting to the application. 12.A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 13.All other materials required pursuant to the specific submittal requirements listed in Section 26.535.090 and 26.480.050. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. • EXHIBIT #4 • HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM State Site Number: Local Site Number: 430.WM Photo Information: ASP-B-12 Township 10 South Range 85 West Section 12 USGS Quad Name Aspen Year 1960 X 7.5' 15' Building or Structure Name: M.O. Berg Residence Full Street Address: 430 West Main Legal Description: Lots K, L & M, Block 37 City and Townsite of Aspen City Aspen County Pitkin Historic District or Neighborhood Name: Main Street Historic District Owner: Private/State/Federal owner's Mailing Address ARCHITECTURAL DESCRIPTION Building Type: Residence Architectural Style: Victorian Miner's Cottage Dimensions: L: x W: = Square Feet: Number of Stories: 2 Building Plan (Footprint, Shape): Rectangle with side bay & front porch Landscaping or Special Setting Features: Mature blue spruce, southwest_ corner of lot Associated Buildings, Features or Objects - Describe Material and Function (map number / name): 2 contemporary metal sheds For the following categories include materials, techniques and styles in the description as appropriate: Roof: Single gable with hip at rear to shed porch; 2 side gable dormers; wood shingles Walls: Horizontal clapboard; 1st story, decorative wood shingles; 2nd story, decorative barge board Foundation / Basement: Stone Chimney(s): None Windows: Single one -over -one double -hung, 1st floor - paired 9 lite over one double -hung, front facade; 2nd floor - one -over -one double hung side windows 1st and 2nd; east side bay gable with shallow - projecting bay with shed roof with one -over -one double hung window, supported by scroll brackets Doors: Transom 1/2 lite wood panel Porches: Hipped curved wood shingle roof supported by turned posts, turned post ballustrade; open, covers 2/3 front facade General Architectural Description: Victorian Miner's Cottage with interchanging use of horizontal clapboard and fishscales �J Page 2 of 2 FUNCTION Current Use: Original Use: Intermediate Use: Residential Residential State Site Number Local Site Number 430.WM ARCHITECTURAL HISTORY Architect: Unknown Builder: Unknown Construction Date: 1892 _ Actual _ Estimate X Assessor Based On: Tax Record/Sanborn Maps MODIFICATIONS AND/OR ADDITIONS Minor X Moderate Major Moved Date Describe Modifications and Date: Porch reopened 1990 Additions and Date: Front porch and probable small rear aaaizion; date unknown NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA _ Is listed on National Register; State Register _ Is eligible for National Register; State Register Meets National Register Criteria: A _ B _ C _ D _ E Map Key Rating and Landmark Designation —i Significant: Listed on or is eligible for National Register Contributing: Resource has maintained historic or architectural integrity. 0 Supporting: Original integrity lost due to alterations, however, is "retrievable" with substantial effort. Locally Designated Landmark Justify Assessment: Associated Contexts and Historical Information: The historical signi- ficance of this residential structure is that it was built for M.O. Berg in 1892 for the cost of $5 000 Mr. Berg was the proprietor of The Mint (saloon) in downtown Aspen At The Mint, you could find the best wines liquors beer and cigars Mr. Berg came to Aspen in 1885. Other Recording Information Specific References to the Structure/Building: Pitkin County Court- house Records; Sanborn and Sons Insurance Maps; 1893 Aspen Director, "Historical & Descriptive Review of Colorado's Enterprising Cities,_" 1893 .125 Archaeological Potential: N (Y or N) Justify: Recorded By: Date: March 1991 Affiliation: Aspen Historic Preservation Committee - City of Aspen Project Manager: Roxanne Eflin Historic Preservation Officer/Planner EXHIBIT #5 I l��III II� I 5 Pagege:: I o of 4 08 / 11 /2 I�I II 005 11 I I� SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 43F 0 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO.28 SERIES OF 2005 Parcel ID #: 2735-124-42-004. WHEREAS, the applicant, Glenn A. Beck, represented by Christie Ann Kienast, have requested a Historic Landmark Lot Split for the property located at 430 West Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.), which are as follows: 26.480.030(A)(2), 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 the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and 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). 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 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 Pitldn 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. 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. f) 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. 513431 Page: 2 of 4 0a/11/2005 11:43; II 1N1 I I�I l 11 I� Illy II .00 Illll 0 1111 11t I 111 .00 SILVIA DAMS PITICIN COUNTY CO R 21 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; and 26 480 030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU (formerly O) zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Mixed Use (formerly Office) zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. C. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(13)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and 26 470 070(C), GMOS Exemption, Historic Landmark Lot Split The construction of each new single-family dwelling on a lot created through review and approval of a Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings; and 26 415 010(D), Historic Landmark Lot Split A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC and before City Council; and 0 513431 lii IIII Page: 3 of 4 „ 08/11/2005 11:433; I Ili III ii lilt I II illli SILVIR DAVIS PITKIN COUNTY CO R 21.00 D 0.00 WHEREAS, Sara Adams, in her staff report dated July 27, 2005, performed an analysis of the application based on the standards, and recommended the application be approved with conditions; and WHEREAS, at a regular meeting held on July 27, 2005, the Historic Preservation Commission considered the application, found the application to meet the standards, and approved the application'by a vote of 5 to 0. THEREFORE, BE IT RESOLVED: That the HPC recommends Council approval of a Historic Landmark Lot Split 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado, with the following conditions: l . A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department 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. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Mixed Use zone district, except the variances approved by the HPC; and d. Be labeled to indicate that this proposal will create Lot 1 of 4,000 square feet in size and a Lot 2 of 5,000 square feet in size. The allowable floor area will be determined by the Zoning Officer once the use of the property is decided. e. Contain a plat note stating that the lot does not contain the historic structure must be developed as a single family residence. f. Contain a plat note stating that the FAR on the two lots created by this lot split shall be based on the use of the buildings. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, corner Lot I which is 4,000 square feet in size, and interior Lot 2 which is 5,000 square feet in size. g. A tree removal permit shall not be issued for the large tree at the corner of the lot unless Parks determines that the tree is unhealthy or a hazard. 2. The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the II III 513431 I IIII Page: 4 of 4 IIII 1 II (Ill Illll , IIII Oe 11, IIII 20 III I II 05 1. III 1 43C SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 430 West Main Street Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting on the 27th day of July, 2005. Approved as to Form:C-7), l 1 1— DavidHoefer, Assistant Citf Attorney Approved as to Content: HIS RIC P SERVATIONp � O,M�vMISSION . V�\ A Kathy Strickland, Chief Deputy • EXHIBIT #6 0 ORDINANCE NO.36 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID #: 2735-124-42-004 WHEREAS, the applicant, Glenn A. Beck, represented by Christie Ann Kienast, has requested a Historic Landmark Lot Split for the property located at 430 West Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.040(A)(4), and Section 26.415.11 O(A), which are as follows: 26.480.030(A)(2), 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 the adoption of subdivision regulations by the City of Aspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 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 26.470.070(B). 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 26.470.040(C)(1)(a); 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 26.470. 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. f) 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. 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; and 26.480.030(A)(4). Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Mixed Use zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. C. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.110(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and 26.470.040(A)(4), GMQS Exempt Development, Single Family and Duplex Development on Historic Landmark Properties The development of one or multiple single-family residences or a duplex on a parcel of land designated as a Historic Landmark shall be exempt from growth management. This exemption applies to the rehabilitation of existing structures, reconstruction after demolition of existing structures, and the development of new structures on Historic Landmark properties, provided all necessary approvals are obtained, pursuant to Section 26.415, Development involving the Inventory of Historic Landmark Sites and Structures. Additional units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030; and 26.415.110(A) Benefits, Historic Landmark Lot Split This section establishes the procedure for review of a Historic Landmark Lot Split; and WHEREAS, the Community Development Director reviewed and recommended approval of the application, finding that the applicable review standards have been met; and, WHEREAS, during a duly noticed public hearing on July 27, 2005, the Historic Preservation Commission recommended, by a five to zero (5 to 0) vote, that City Council approve a Historic Landmark Lot Split at 430 W. Main Street; and, WHEREAS, pursuant to Sections 26.415.110 and Section 26.480, of the Municipal Code, the City Council may approve a Historic Landmark Lot Split Subdivision Exemption during a duly noticed public hearing after taking and considering comments from the general public and recommendations from the Historic Preservation Commission (hereinafter HPC) and Community Development Director; and WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.040(A)(4), and Section 26.415.110(A) of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: The applicant's submission is complete and sufficient to afford review and evaluation for approval; and 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well -planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; acquire and ensure the maintenance of public open spaces and parks, provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers and other bodies of water, and, promote the health, safety and general welfare of the residents of the City of Aspen. Section 2 Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption for 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado with the following conditions: 1. A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department 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. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Mixed Use zone district, except the variances approved by the HPC; and d. Contain a plat note stating that the lot does not contain the historic structure must be developed as a single family residence. e. Contain a plat note stating that the FAR on the two lots created by this lot split shall be based on the use of the buildings. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, corner Lot I which is 4,000 square feet in size, and interior Lot 2 which is 5,000 square feet in size. 4 f. A tree removal permit shall not be issued for the large tree at the corner of the lot unless Parks determines that the tree is unhealthy or a hazard_ 2. Sidewalk, Curb and Gutter - The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must refer to the City Engineering Department for required Sidewalk, Curb, and Gutter requirements appropriate to this site. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance will be held on the 22nd day of August, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7• This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as prov' e i 1 w, by the City Council of the City of Aspen on the 8`h day of August, 2005. He en Ka an eru a r Attest: Kathryn S. ch, City Clerk FINALLY, adopted, passed and approved this 22nd day of Au el i n eru ayo KathryS4Xhlity ocClerk Appr to orm: o n . Wor ester, City Attorney 5 EXHIBIT #7 11 a LEGEND Ousn+o Mn! noon u�w UNABLE AREA m OAMx_.SA" AREA csrne aoa..ne.. eLLcun AREA < 7C GEiLHG NE1O1lf _ AREA BELOW GRADE (ExEAPT) uA ,o,.. a,,.o — N owUnE � Erougnlon KARBANK ExI FLOOR AREA REA CALCULATIONS A0.2e n \J • yII ' I lJ I II I NARBANX EXISTING BASEMENT PUN A2.Oe [O" ® Si r , a d . brollghWn a� LEVEL G ONE FLOOR PLAN A2.1 e mnc KARBMK 'a, S—T I . 1; LEVEL TWO FLOOR PLAN A2.2e • EXHIBIT #8 • AFFIDAVIT I, Neil Karbank, a Manager of Karbank 430 LLC ("Karbank 430"), hereby acknowledge the following regarding the establishment of Historic TDR Certificates on Karbank 430's property at 430 West Main Street in Aspen, Colorado: 1. A deed restriction will permanently encumber the Sending Site (430 West Main Street) and restrict that property's development rights to below that allowed by zoning according to the number of Historic TDR Certificates established and transferred from that Sending Site. 2. For each Historic TDR Certificate issued by the City for the Sending Site (430 West Main Street) that property shall be allowed two hundred -fifty (250) square feet less of floor area, as permitted according to the property's zoning, as amended. 3. I, as a Manager of the Sending Site property owner, shall have no authority over the manner in which the Historic TDR Certificate is used by the subsequent owners of the Historic TDR Certificate. I hereby signify acknowledgement of all of the above. KARBAIUK 430 LLC By: Ne)rb. Karbank, a Manager STATE OF COLORADO ) ) ss: COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 1st day of April, 2013 by Neil D. Karbank, as a Manager of Karbank 430 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: P�-4 PUe� '; ARCIP Notary Public ;• POVTpUS MAARCIA POUTOUS My Commission expires .••a4� Nov. 5, 20 j 3 OF EXHIBIT #9 • AGREEMENT FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS PURSUANT TO ASPEN CITY COUNCIL ORDINANCE # , SERIES OF 2013 THIS AGREEMENT is made and entered into this day of 2013, by and between KARBANK 430 LLC, a Colorado limited liability company ("Owner"), whose address is 604 West Main Street, Aspen, CO 81611; and THE CITY OF ASPEN, a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (the "City"); W-1-T-N-E-S-S-E-T-H: WHEREAS, Owner owns real property more specifically described as - Lots K, L and M, Block 37, CITY AND TOWNSITE OF ASPEN, Parcel ID# 273512442004, Pitkin County, Colorado — also known as 430 West Main Street, Aspen, (the "Sending Site"), which is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with Section 26.535.040 of the City Code, and supplied the necessary application materials identified in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the City Code; and WHEREAS, the City's Community Development Department has reviewed Owner's application according to the review standards identified in 26.535.070 of the City Code, and has recommended approval of the application and the establishment of _ (� Historic TDR Certificates (each a "TDR Certificate") as set forth herein; and WHEREAS, City Ordinance No._, Series of 2013 dated , 2008 (the "Ordinance"), approves the establishment of such U TDR Certificates, and requires that a Deed Restriction be recorded in real property records of Pitkin County, Colorado, designating the Sending Site as a Sending Site and permanently restricting the development of the Sending Site to an allowable Floor Area not exceeding the allowance for a single-family residence (or a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of TDR Certificates which are both established pursuant to this Agreement and then severed from the Sending Site; and WHEREAS, in consideration of the establishment of TDR Certificates pursuant to the Ordinance and City Code, Owner agrees to restrict the Sending Site as set forth herein; and 3-26-13 mkb WHEREAS, the Ordinance allows for the establishment of _ (_--) TDR Certificates and at such time that Owner wishes to create one (1) or more TDR Certificates from the (_) initially available, Owner shall record a deed restriction (the "Deed Restriction") substantially in the form annexed hereto as Exhibit "A"; and WHEREAS, each Deed Restriction shall result in a reduction, on the Sending Site, of allowable floor area of two hundred fifty (250) square feet, and Owner shall be entitled to subsequently establish additional TDR Certificates by filing subsequent Deed Restrictions for an additional reduction of allowable floor area of two hundred fifty (250) square feet each; provided, however, that the aggregate number of TDR Certificates and Deed Restrictions created shall not exceed the created pursuant to the Ordinance and this Agreement. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, Owner and the City hereby covenant and agree as follows: Development of the Sending Site is hereby permanently restricted to (a) an allowable Floor Area not exceeding the allowance for a single-family residence (or that Floor Area allowed for a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) as otherwise permitted by the City Code on the Sending Site, minus (b) two hundred fifty (250) square feet of Floor Area for each one (1) TDR Certificate hereby established and then utilized by Owner as evidenced by the recordation, against the Sending Site, of a Deed Restriction. Each recorded Deed Restriction shall reference this Agreement. 2. In consideration of the foregoing, and pursuant to the City Code and the Ordinance, the City shall, at any time and upon Owner's request therefor, cause the issuance of one (1) TDR Certificate, executed by the Mayor, allowing the development of an additional two hundred fifty (250) square feet of Floor Area on a Receiver Site to be determined pursuant to the City Code. Each such TDR Certificate may be sold, assigned, transferred, or conveyed, provided, however, that no Historic TDR Certificate shall be effective until a Deed Restriction, referencing such Historic TDR Certificate, shall have been recorded against the Sending Site. 3. Transfer of title shall be evidenced by an assignment of ownership on the actual TDR Certificate itself. Upon transfer, the TDR Certificate's new owner may request that the City re -issue the TDR Certificate acknowledging the new owner thereof. Reissuance shall not require adoption of a new ordinance. The market for such TDR 2 Certificate shall remain unrestricted and the City shall not prescribe or guarantee the monetary value of any TDR Certificate. 4. No Deed Restriction shall be construed to stipulate an absolute Floor Area on the Sending Site, but only a square footage reduction from the applicable allowable Floor Area, as that allowable Floor Area may be amended from time to time. 5. The Sending Site shall remain eligible for Floor Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 6. This Agreement may be modified only in a writing signed by both the Owner and the City. 7. Unless modified as stated above, this Agreement shall constitute a covenant running with the Sending Site as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date and year above first written. OWNER: KARBANK 430 LLC By: Neil D. Karbank, a Manager STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Neil D. Karbank, in his capacity as a Manager of Karbank 430 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public • 0 APPROVAL OF CITY ATTORNEY 0 James R. True, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado M Michael C. Ireland, Mayor STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) Date: The foregoing instrument was acknowledged before me this day of , 2013, by Witness my hand and official seal. My commission expires: Notary Public 11 E • EXHIBIT A HISTORIC TRANSFERABLE DEVELOPMENT RIGHT DEED RESTRICTION THIS DEED RESTRICTION is established this _ day of , 2013 (this "Deed Restriction"), by THE CITY OF ASPEN, a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (the "City"), at the request of KARBANK 430 LLC, a Colorado limited liability company ("Owner"), whose address is 604 West Main Street, Aspen, CO 81611, W-1-T-N-E-S-S-E-T-H: WHEREAS, pursuant to the City's Ordinance No._, Series of 2013, dated , 2013 (the "Ordinance"), the City approved the establishment of (_) Historic Transferable Development Right Certificates (each a "TDR Certificate") and accompanying deed restrictions to be recorded against certain real property owned by Owner and legally described as: - Lots K, L and M, Block 37, CITY AND TOWNSITE OF ASPEN, Parcel ID# 273512442004, Pitkin County, Colorado — also known as 430 West Main Street, Aspen, (the "Sending Site"), which is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, Owner and the City entered into that certain Agreement for Establishment of Historic Transferable Development Rights Pursuant to Aspen City Council Ordinance # , Series of 2013, dated , 2013 (the "TDR Agreement") and recorded in the real estate records of Pitkin County, Colorado on _, 2013 as Reception # , and the TDR Agreement sets forth the procedures for, and effects on floor area of the Sending Site (as defined in the TDR Agreement, "Floor Area"), of issuing TDR Certificates and for the recordation of a deed restriction, evidencing each TDR Certificate, against the Sending Site; and WHEREAS, pursuant to the TDR Agreement, Owner has requested that the City issue a TDR Certificate, and pursuant to the TDR Agreement, the City will issue a TDR Certificate only upon recordation, against the Sending Site, of this Deed Restriction; and WHEREAS, on and as of the date hereof, the City has issued to Owner a TDR Certificate. NOW, THEREFORE, in consideration of the mutual promises and obligations contained in the TDR Agreement and in this Deed Restriction, Owner and the City hereby covenant and agree as follows: 3-26-13 mkb Development of the Sending Site is hereby permanently restricted to (a) an allowable Floor Area not exceeding the allowance for a single-family residence (or that Floor Area allowed for a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) as otherwise permitted by the City Code on the Sending Site, minus (b) two hundred fifty (250) square feet of Floor Area. 2. This Deed Restriction shall not be construed to stipulate an absolute Floor Area on the Sending Site, but only a square footage reduction, of two hundred fifty (250) square feet, from the applicable allowable Floor Area, as that allowable Floor Area may be amended from time to time. 3. The Sending Site shall remain eligible for Floor Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 4. This Deed Restriction may be modified only in a writing signed by both the City and the then -owner of the Sending Site. Unless so modified, this Deed Restriction shall constitute a covenant running with the Sending Site as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this Deed Restriction as of the date and year above first written. OWNER: KARBANK 430 LLC Neil D. Karbank, Manager STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Neil D. Karbank, in his capacity as Manager of Karbank 430 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 2 APPROVAL OF CITY ATTORNEY James R. True, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado 0 Michael C. Ireland, Mayor STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) Date: The foregoing instrument was acknowledged before me this day of , 201 _, by Witness my hand and official seal. My commission expires: Notary Public TO: FROM: RE: DATE: • • MEMORANDUM Aspen Historic Preservation Commission Amy Guthrie, Historic Preservation Officer 430 West Main Street- Historic Landmark L-ot Split, Setback Variances, Floor Area Bonus- Public Hearing June 26, 2013 SUMMARY: The subject property is located within the Main Street Historic District and contains a late 19`h century Victorian era home that currently functions as an office. It was built for M.O. Berg in 1892. Mr. Berg was the proprietor of The Mint saloon in downtown Aspen. In 2005, a previous owner received approval for a Historic Landmark Lot Split, but never filed a plat to finalize the subdivision, so the approval expired. The new owner proposes to resurrect the lot split. A 4,000 square foot parcel will be created on the west side of the Victorian. The right to develop a single family home on this parcel will be converted into 8 TDRs, to be landed elsewhere in town. 144 square feet of buildable area will be left on the lot. A very large "heritage tree" will be preserved without impacts from the construction that would have been possible without the TDRs. The remaining 5,000 square foot parcel will contain the Victorian structure. The applicant requests a 500 square foot floor area bonus, which will be used to cover a portion of the 2,350 square foot Victorian. The unused development rights on this lot will be 518 square feet, 500 of which is to be converted into 2 TDRs and sold. HPC is asked to make a recommendation to City Council regarding the Historic Landmark Lot Split. Council is the decision -making authority on both the lot split and the establishment of TDRs. HPC is asked to grant a setback variance and a floor area bonus. Staff recommends that the Historic Landmark Lot Split be supported. Staff recommends that HPC approve the setback variance and floor area bonus. APPLICANT: Karbank 430 LLC, Neil Karbank, represented by Alan Richman Planning Services. PARCEL ID: 2735-124-42-004. • • ADDRESS: 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. ZONING: MU, Mixed Use. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet Section 26.480.030(A)(2) and (4) and Chapter 26.470. Growth Management where applicable. 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT All of the following conditions must be met: a. The land is not located in a subdivision approved by either the 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 on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Finding: The property is in the original townsite. 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 Chapter 26.470. Staff Finding: The applicant proposes two lots, both of which conform to the MU zone district. 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 Chapter 26.470. Staff Finding: No subdivision exemption or lot split exemption has been executed. 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 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 26.470. Staff Finding: The subdivision plat shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. e. The subdivision exemption agreement and plat shall be recorded in the office of the 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. P) Staff Finding: The subdivision exemption agreement shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. f. In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Staff Finding: No building sits on the proposed new lot line. No buildings will be demolished. g. Maximum potential residential build -out 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 Transferable Development Rights for the site will be based on a single family use on each of the two lots. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT All of the following conditions must be met: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, C-1 or MU Zone District. Staff Finding: The subject parcel is 9,000 square feet and is located in the MU Zone District. b. The total FAR for each lot shall be established by dividing the allowable floor area for a duplex or two detached residences on the fathering parcel according to the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. When the property is redeveloped with any allowed uses other than single family or duplex residential, refer to the Zone District for allowable FAR on each lot. Staff Finding: The property is zoned mixed -use and therefore has a maximum floor area of up to 9,000 square feet. TDRs can only be established based on the residential development potential of the site, which is a lower square footage, in this case half of the mixed -use potential. The 4,000 square foot lot is eligible for 2,144 square feet of residential floor area, or 8 TDRs. The 5,000 square foot lot is eligible for 2,868 square feet of floor area (including a requested floor area bonus), or 2 TDRs after the existing Victorian house is covered. In spite of the floor area calculation being based on residential potential, the Victorian can continue to be used as permitted in the zone district, including functioning as office space. c. The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Chapter 26.415 as benefits for historic preservation are only permitted on the parcels that contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. 3 Staff Finding: The development will meet the dimensional requirements of the zone district except for a setback variance that is requested within the authority of the HPC. The proposed lot split creates one new setback encroachment. HPC is asked to approve a setback variance along the west side of the Victorian, to allow the new lot line to be 3', rather than 5' from a portion of the structure. The criteria for granting setback variances, per Section 26.415.110.0 of the Municipal Code are as follows: HPC must make a finding that the setback 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 recommends that a 2' west yard setback reduction be granted on the new 5,000 square foot lot, so that the existing building can be left intact. FAR BONUS 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: The applicant does not propose any construction at this time. The floor area bonus is proposed to be applied to existing construction, thereby increasing the amount of unused floor area that can be sold as TDRs. The Victorian structure is in good condition, with no significant opportunities for restoration. At some point in the past, the original porch was enclosed, the re -opened. The existing porch columns are not historic, nor is the baluster railing on the porch. The railing probably did not exist historically. Staff recommends it be removed as part of the bonus. 4 C� • The primary justification for granting a bonus is the fact that the historic building will be the key element of the property. The house will remain at the center of the site, with ample surrounding open landscape. DECISION MAKING OPTIONS: 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 support the Historic Landmark Lot Split, and approve a setback variance and floor area bonus, with the following conditions: 1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing the property into a 4,000 square foot lot and a 5,000 square foot lot. The applicant has represented that unused development rights will be converted to TDRs, if approved by City Council, and sold. 2. HPC grants a 2' west sideyard setback reduction for the lot containing the Victorian building. 3. HPC grants a 500 square foot floor area bonus, to be applied to the calculation of floor area relative to the existing building. No expansion is approved. 4. Remove the railing at the front porch of the Victorian, if allowed by Building Code. 5. The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: 5 • 0 Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 430 West Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Exhibits: Resolution #, Series of 2013 A. Application Cei A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT AND GRANTING APPROVAL FOR A SETBACK VARIANCE AND A FLOOR AREA BONUS FOR THE PROPERTY LOCATED AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #_, SERIES OF 2013 Parcel ID #: 2735-124-42-004 WHEREAS, the applicant, Karbank 430 LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split, Setback Variance and Floor Area Bonus for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the application shall meet the requirements of Aspen Municipal Code Section 26.480.030; and WHEREAS, in order to receive approval for a setback variance, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C. La; and WHEREAS, in order to receive approval for a floor area bonus, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C. Lc; and WHEREAS, Amy Guthrie, in her staff report dated June 26, 2013, performed an analysis of the application based on the standards, and recommended the application be approved with conditions; and WHEREAS, at a regular meeting held on June 26, 2013, the Historic Preservation Commission considered the application, found the application to meet the standards, and approved the application by a vote of _ to _ NOW THEREFORE, BE IT RESOLVED: HPC supports Council approval of the Historic Landmark Lot Split and grants a setback variance and floor area bonus with the following conditions: 1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing the property into a 4,000 square foot lot and a 5,000 square foot lot. The applicant has represented that unused development rights will be converted to TDRs, if approved by City Council, and sold. 2. HPC grants a 2' west sideyard setback reduction for the lot containing the Victorian building. 3. HPC grants a 500 square foot floor area bonus, to be applied to the calculation of floor area relative to the existing building. No expansion is approved. 4. Remove the railing at the front porch of the Victorian, if allowed by Building Code. 5. The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 430 West Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. K 0 APPROVED BY THE COMMISSION at its regular meeting on the 26th day of June, 2013. Approved as to Form: Debbie Quinn, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Jay Maytin, Acting Chair ATTEST: Kathy Strickland, Chief Deputy Clerk 3 ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 April 3, 2013 Ms. Amy Guthrie, Historic Preservation Officer City of Aspen 130 South Galena Street Aspen, Colorado 81611 APR 9 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT RE: APPLICATION FOR LOT SPLIT AND TO ESTABLISH HISTORIC TDR CERTIFICATES FOR 430 WEST MAIN STREET Dear Amy, Please consider this letter and the accompanying materials to be an application for a lot split and to establish historic transferrable development rights (TDR's) which will remove the un-built development rights from the property located at 430 West Main Street. The property is legally described as Lots K, L and M, Block 37, City and Townsite of Aspen. It consists of approximately 9,000 sq. ft. of land that is zoned Mixed Use (MU). The property is a designated Historic Landmark that is located within the Main Street Historic District. The property's Parcel ID # is 273512442004. This application is being submitted by the property owner, Karbank 430 LLC, managed by Mr. Neil Karbank (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #1, the recorded Deed. Authorization for Alan Richman Planning Services to represent the owner for this application is provided by Exhibit #2. We held a pre -application meeting with you prior to the submission of this application. Following that meeting you issued a Pre -Application Conference Summary (attached as Exhibit #3). Based on this meeting, you confirmed that the application is subject to the following review procedures: ♦ Subdivision Exemption for a Historic Landmark Lot Split, pursuant to Section 26.480.030 A.4 of the Code; and ♦ Transferable Development Rights, pursuant to Section 26.535 of the Land Use Code. The applicant's responses to the review standards for these procedures follow below. First, however, a brief statement of background information is presented. Ms. Amy Guthrie April 3, 2013 Page Two 1. Background Information The subject property consists of three Townsite lots within the City of Aspen, located at the northeast corner of Fourth Street and Main Street. The total area of the property is 9,000 sq. ft. The property is improved with an historic landmark structure, the M.O. Berg house. According to the City's architectural inventory form (attached as Exhibit #4), the structure was built in 1892 and was used as a residence for nearly 100 years. It was converted into an office building in 1991 and is occupied by offices today. The structure was designated as an historic landmark pursuant to Ordinance 49, Series of 1989. The building was remodeled, with the original porch re -opened, in 1990. In 2005, the prior owner submitted an application to the City for an historic landmark lot split for this property, to create a 5,000 sq. ft. lot for the commercial building and a 4,000 sq. ft. lot for a new free market residence. The lots were configured in this somewhat non-traditional manner to make the residential large lot enough to avoid any development conflicts with the exceptional evergreen tree that is located near the corner of Fourth Street. HPC recommended approval of the lot split pursuant to Resolution 28, Series of 2005 (see Exhibit #5). City Council approved the lot split, pursuant to Ordinance 36, Series of 2005 (see Exhibit #6). The prior owner received several extensions from the Community Development Director for filing the plat for the subdivision. Ultimately the plat was never filed and so the subdivision approval lapsed. The property has recently been purchased by Karbank 430 LLC. The new owner has evaluated the options that are available to owners of historic landmark properties and has concluded that re-establishing the previously -approved lot split for the property and then removing the development rights established by that development order by creating Historic Transferrable Development Rights (TDR's) is the best long term scenario for this property. This approach offers enough of an incentive to Mr. Karbank that he feels comfortable giving up the property's development potential, which would have offered him a significant commercial and residential development opportunity. But by giving up the development rights he will preserve an exceptional Victorian structure at its historic scale. When taken together with the TDR incentives that Mr. Karbank has utilized for the two other properties he owns (604 and 612 West Main Street, located just one block to the west of this property), it means that three notable Victorian structures along Main Street will be permanently protected at their historic scale, thereby maintaining important elements Aspen's original heritage along the highly visible and heavily travelled entrance to downtown Aspen. Following below are the applicant's responses to the Code standards for lot splits and for the establishment of historic TDR's. 0 • Ms. Amy Guthrie April 3, 2013 Page Three 2. Historic Lot Split Subdivision Exemption Section 26.480.030 A.4 of the Land Use Code establishes the standards for an Historic Landmark Lot Split. It states that an Historic Landmark Lot Split must meet the requirements of sub -sections 030 A.2 and A.4. The standards of sub -section 030 AA follow below, while the standards of sub -section A.2 are in Section 3 of this application. a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU zone district. Response: The subject parcel is located in the Mixed Use (MU) zone district and contains 9,000 square feet of land. b. The total FAR for both residences is established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. When the property is redeveloped with any allowed uses other than a single family or duplex residential, refer to the Zone District for allowable FAR on each lot. Response: Following is the allowable floor area for each of the lots. These totals have been shown on the draft subdivision plat. Lot 1: This is a vacant lot that would allow a new residence. The allowable floor area for a detached residential dwelling on a 4,000 sq. ft. lot in the MU zone is 2,680 sq. ft. sq. ft. Since there is not an existing residence on this lot, the MU zone district only allows 80% of the floor area that would otherwise be allowed on a lot of this size. This means that the allowable floor area for a residence on Lot 1 is 2,144 sq. ft. Lot 2: This lot contains the existing office building. The floor area ratio for a commercial property in the MU zone district is 0.75:1, which would allow the offices to be expanded to 3,750 sq. ft. If the development were mixed use it would permit 1:1 of floor area, for a total of 5,000 sq. ft. The floor area ratio may be increased to 1.25:1 (6,250 sq. ft.) by special review. If the use were converted back to residential the allowable floor area would be 80% of the floor area that would otherwise be allowed on a lot of this size. This means that the allowable floor area for a residence on Lot 2 is 2,960 x 0.8 = 2,368 sq. ft. These calculations reflect the floor area allowed pursuant to the City's adopted floor area calculation methodology, found in Section 26.575.020 of the Land Use Code. Any areas that the Code exempts from floor area calculations would be available to these lots as additional floor area above and beyond these specified amounts. C. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(8) (1) (a), (b), and (c) are only permitted on the parcel that will contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. Ms. Amy Guthrie April 3, 2013 Page Four Response: No development is being proposed at this time. A 500 sq. ft. floor area bonus is being requested (see below). The applicant is also requesting a setback variance to reduce the side yard setback along the west side of Lot 2 from 5' to 3'. The standards by which HPC may grant a setback variance can be found in Section 26- 415.110.0 of the Code. This section requires the HPC to find that such 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 historic property or historic district. Response: The applicant has maintained the proposed lot line between Lots 1 and 2 in the same place where it was shown for the lot split granted in 2005. That lot split created a 4,000 sq. ft. lot (the vacant Lot 1) and a 5,000 sq. ft. lot (the lot with the landmark structure). The lot line is only set back from the structure by approximately 3', necessitating the variance. This variance is more of a "paper variance" than an actual variance on the ground. The applicant is not proposing that the existing building change in location or configuration. The only change is that the subdivision will place a lot line within the three Townsite lots, necessitating the setback variance. But in terms of what is seen on the ground, the structure will retain its distance from the perimeter of the entire property. The variance is needed so Lot 1 can be large enough to avoid any potential conflicts with the large tree near the corner of Fourth Street. Therefore, the variance will allow the present significance and character of this historic property and the Main Street Historic District to be preserved. 2. Subdivision Exemption for Lot Split Section 26.480.030 A.2 of the Aspen Land Use Code provides the opportunity for an applicant to split a parcel of land into two separate lots via an exemption from subdivision. As noted above, sub -section 030.A.4 requires an applicant for an Historic Landmark Lot Split to also comply with the standards of sub -section 030 A.2. To obtain the subdivision exemption, the applicant must comply with the following standards: a. The land is not located in a subdivision approved by either the Pitkin County Board of 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. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Sites and Structures Response: The land is comprised of original Aspen Townsite lots. Furthermore, the property is listed on Aspen's Historic Inventory and so this restriction does not apply. • u Ms. Amy Guthrie April 3, 2013 Page Five 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 26.470.070 (B). Response: As shown on the attached subdivision exemption plat, the applicant proposes to create two (2) lots with this lot split. Both lots will be conforming -sized lots in the Mixed Use (MU) zone district, which has a minimum lot size and a minimum lot area per dwelling unit of 3,000 sq. ft. for Historic Landmark properties. No development is proposed for either lot since the applicant proposes to instead establish TDR's and convey the development rights from the lots. Therefore the affordable housing mitigation requirements do not apply to these lots. 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 26.470.040(C)(1)(a). Response: Although a lot split subdivision exemption was conditionally approved for these lots by the City Council in 2005, the plat was never recorded and so no actual subdivision of these lots has ever occurred. Therefore, this property was not previously the subject of a subdivision exemption or a lot split. 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 26.470. Response: A proposed subdivision plat that conforms to the requirements of the Land Use Code has been submitted with this application. The Applicant will work with the City staff during the review of this application to perfect this plat before it is recorded. The plat contains the required note regarding further subdivision and growth allocations. e. 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 of Aspen will be required for a showing of good cause. Response: The Applicant will record the plat and any necessary agreement within the specified time frame. f. In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Response: The applicant acknowledges this standard. • Ms. Amy Guthrie April 3, 2013 Page Six g. Maximum potential buildout for the two parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Response: The applicant plans to transfer the development rights from the property and will not develop any residential units on it. The TDR analysis is based on a two (2) unit development scenario and so is in compliance with this standard. Establishment of Historic TDR's The applicant proposes the establishment of ten (10) Historic TDR Certificates for the subject property. Section 26.535.070 of the Code provides that a Historic TDR Certificate may be established if the City Council finds all of the following standards have been met: A. The sending site is a Historic Landmark on which the development of a single- family or duplex is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Response: The sending site complies with this standard as follows: 1. 430 West Main Street was designated as a Historic Landmark by the City Council pursuant to Ordinance 49, Series of 1989. 2. According to Section 26.710.180.D.2, a single-family residence and a duplex residence are allowed uses on a historic landmark parcel of 9,000 sq. ft. in the Mixed Use (MU) zone district. B. It is demonstrated that the sending site has permitted unbuilt development rights for either a single-family or duplex home, equaling or exceeding two -hundred and fifty (250) square feet of floor area multiplied by the number of Historic TDR Certificates requested. Response: The applicant engaged Rowland & Broughton Architects to complete an existing conditions analysis for the property. They determined that the landmark structure has an existing floor area of approximately 2,350 sq. ft. (see Exhibit # 7). The un-built development rights for this property have been calculated based on the development order that will be issued for the lot split; as follows: Lot 1: This is a vacant lot that would allow a new residence. The allowable floor area for a detached residential dwelling on a 4,000 sq. ft. lot in the MU zone is 2,680 sq. ft. sq. ft. Since there is not an existing residence on this lot, the MU zone district only allows 80% of the floor area that would otherwise be allowed on a lot of this size. This means that the allowable floor area for a residence on Lot 1 would be 2,144 sq. ft. Ms. Amy Guthrie April 3, 2013 Page Seven Lot 2: This lot contains the existing office building, however, its un-built development rights are calculated based on the more limited potential of a detached residence. The allowable floor area for a detached residence on a 5,000 sq. ft. lot in the MU zone is 2,960 sq. ft. sq. ft. Since there is not an existing residence on this lot, the MU zone district only allows 80% of the floor area that would otherwise be allowed on a lot of this size. This means that the allowable floor area for a residence on Lot 2 is 2,368 sq. ft. Adding these two totals together means the entire property has 4,512 sq. ft. of development rights. This total must be reduced by the floor area of the existing landmark structure that will be preserved on the site (2,350 sq. ft.). This leaves 2,162 sq. ft. of undeveloped floor area on the property. At 250 sq. ft. of floor area per each Historic TDR Certificate established, this translates into eight (8) TDR's that are requested to be created from this property. The applicant is also requesting a 500 sq. ft. TDR bonus to create two (2) additional TDR's, for a total of ten (10) TDR's requested to be issued. Responses to the standards for HPC review of a proposed floor area bonus can be found in the next section of this application letter. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. Response: The establishment of the TDR certificates will not create a nonconformity since there will be 162 sq. ft. of unbuilt floor area remaining on the site after all of the TDR's have been issued. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain floor area bonuses, exemptions, or similar potential development incentives. Response: As described in the response to standard B. above, the applicant has based the analysis on the actual built development (the historic structures) and the to -be approved development order (the lot split). E. Any development order to develop floor area beyond that remaining legally connected to the property after establishment of TDR Certificates shall be considered null and void. Response: The applicant acknowledges this standard and agrees to comply with its provisions. i Ms. Amy Guthrie April 3, 2013 Page Eight F. The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area, as may be amended from time to time. The Sending Site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Response: The required Affidavit, Agreement and Draft Deed Restriction are attached as Exhibits #8 and #9, respectively. G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirement, the City shall execute and deliver the applicable number of Historic Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Response: The applicant will schedule a closing date following the establishment of the Historic TDR Certificates by the City Council. H. It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Response: The analysis prepared by the architects is attached as Exhibit #7. Request for FAR Bonus Section 26.414.110. F authorizes the HPC to grant a floor area bonus of up to 500 sq. ft. to a project. Before it may grant the bonus, the HPC must assess the merits of the project and determine whether the project demonstrates "exemplary historic preservation practices". Sub -section FA lists a series of factors that the HPC should consider in making this determination, while sub -section F.2 states that "Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional floor area". This language makes it clear that the applicant is NOT required to demonstrate compliance with all of these elements to be eligible to receive the bonus. Ms. Amy Guthrie April 3, 2013 Page Nine The factors that HPC must consider and the applicant's responses to these considerations are as follows: a. The design of the project meets all applicable design guidelines. Response: There is no development proposed so compliance with the design guidelines is not applicable. 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. Response: The historic landmark is the only structure on the property and there is no addition planned to it. In fact, the applicant proposes to remove the development rights from this property through the issuance of TDR's. This will maintain the visual integrity of the historic landmark building and preserve it at its historic scale. C. The work restores the existing portion of the building to its historic appearance. Response: The applicant does not propose any work to restore the historic residence. The building was restored in 1990. The applicant will accomplish routine maintenance work to extend the preservation of the structure, including, but not limited to, replacing the shingles on the porch and roof of the structure which have weathered over time. d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings. Response: No new construction is planned. e. The construction materials are of the highest quality. Response: The materials that will be used to replace the shingles will be of the highest quality. f. An appropriate transition defines the old and new portions of the building. Response: There is not a new addition proposed. g. The project retains a historic outbuilding. Response: Not applicable. h. Notable historic site and landscape features are retained. n Ms. Amy Guthrie April 3, 2013 Page Ten Response: The creation of TDR's and elimination of the development potential from Lot 1 will ensure the preservation of the exceptional evergreen tree that is located on that lot. Conclusion I believe this letter and the attached exhibits and drawings provide the information you need to process this application and demonstrate that it complies with the standards of the Land Use Code. We look forward to having this application scheduled for HPC review. Please do not hesitate to contact me if you find there is anything else you require. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. Alan Richman, AICP EXHIBITS 21 0 N t O M rn z O k VJ RECEPTION#: 598282, 04/03/2013 at EXHIBIT #1 02:22:49 PM, 1 OF 2, R $16.00 DF $300.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED State Doc Fee: $300.00 Recording Fee: $16.00 THIS DEED is dated the 3rd day of April, 2013, and is made between (whether one, or more than one), SLTM LLC the "Grantor' of the County of Pitkin and State of Colorado and Karbank 430 LLC, a Colorado Limited Liability Company (whether one, or more than one), the "Grantee', whose legal address is Manson Karbank Burke, 604 West Main, Aspen, CO 81611 of the County of Pitkin and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Three Million Dollars and No Cents $3,000,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described as follows: Lots K, L and M, Block 37, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. also known by street address as: 430 W Main Street, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantors heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: See Exhibit "A" attached hereto and made a part hereof IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. SLTM LLC Sco-?v Li, ,Qom, 1et.4" (!! ' 7 Scott Lambert, Manag r �— By: Preston E. Fox as Attorney in Fact State of Colorado County of Pitkin p The foregoing instrument was acknowledged before me this o� [ day of LLtc 20 /3 by Preston E. Fox at attorney in fact Scott Lambert, Manager of SLTM, LLC. �Y Pus�A =O;•• '.� to P and and official al. MARCIA l PDuTpUS ' Nct6ry Pub Ic � ....... My commission expires: .q� � MARCIA POUTOUS OFMy Commission expires Nov. 5, 20 13 011Y OF AC=PEN C'. ; CIT i,.Sp ill I iE-17 PAID V'Rl ri-T PAID DA;rE REP No. DATE FIEF NO. Y13113 la-'O 4-,7y/ �/1,g lall(1s-791 Stewart Title File Number: 01330-20262 Page 1 of 2 Special Warranty Deed STCO r: EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and assessments for the year 2013, not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 4. Ordinance No. 60 Series of 1976 recorded December 9, 1979 in Book 321 at Page 51. 5. Easement Agreement with City of Aspen recorded December 11. 1986 in Book 524 at Page 972. 6. Ordinance No. 49 Series of 1989 recorded September 5, 1989 in Book 601 at Page 143, 7. Resolution recorded August 11, 2005 as Reception No. 513431 8. Resolution recorded October 27, 2005 as Reception No. 516759. 9. Resolution recorded November 28, 2005 as Reception No. 517845. 10. Any rights, easements, interests or claims which would be shown by an accurate survey. 11. Lease dated September 1, 2008 between SLTM, LLC and Jeff Berkus. Stewart Title File Number: 01330-20262 Page 2 of 2 Special Warranty Deed STCO 0 11 EXHIBIT #2 Ms. Amy Guthrie, Historic Preservation Officer City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LAND USE APPLICATION FOR 430 WEST MAIN STREET Dear Amy, Karbank 430 LLC is the owner of the property located at 430 West Main Street. As the manager of the LLC, I hereby authorize Alan Richman Planning Services, Inc. to submit a land use application for a historic landmark lot split and to establish Historic TDR Certificates for this property. Mr. Richman is authorized to submit this application on our behalf and to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application please do so through Alan Richman Planning Services or you may also contact me directly at the address or phone number listed below Sincerely, i Karbank 430 LLC Neil Karbank, Manager 604 West Main Street Aspen, CO 81611 970-920-2889 0 EXHIBIT #3 16 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429.2778 DATE: March 26, 2013 PROJECT: 430 West Main Street REPRESENTATIVE: Alan Richman representing Karbank 430 LLC TYPE OF APPLICATION: Historic Landmark Lot Split and Establishment of TDRs DESCRIPTION: The applicant is interested in pursuing a historic landmark lot split and establishing transferrable development rights (TDRs). 430 W. Main is a designated landmark and is currently all commercial use. It is located within the Main Street Historic District, zoned Mixed Use (MU) and is a 9,000 square feet lot. A historic landmark lot split requires that the newly created lots each be at least 3,000 square feet in size. City Council approved a historic landmark lot split in 2005 via Ordinance 36. The lots were approved to be 4,000 and 5,000 square feet in size. A plat was never recorded for this historic landmark lot split; therefore the 2005 approval is invalid. To calculate the number of TDRs available to be established the maximum FAR for a single family home is used as the baseline number. In the Mixed Use (MU) zone district the max FAR for a single family home is 80% of the allowable FAR for a single family home on a same sized lot within the R-6 zone district. The existing FAR is subtracted from the allowable FAR to determine the amount of unbuilt FAR available on the parcel. TDRs are established in increments of 250 square feet. City Council is the review authority for subdivision of the lot and the establishment of TDRs. Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Land Use Application: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Applications-and-Fees/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.535 Transferrable Development Rights 26.480.030.4 Subdivision Exemption — Historic Landmark Lot Split 26.575.020 Calculations and Measurements Review by: Staff for complete application, City Council Public Hearing: yes - publication, mailing and posting Planning Fees: $3,250 (for a 10 hour deposit, billed at $315 per hour for over 10 hours) Total Number of Application Copies: 10 To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary (this document). 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Site improvement survey. 9. Dimensioned, scaled drawings of existing development and floor area analysis of all structures on property. 10. Draft subdivision plat. 11. Proof of ownership. Letter from property owner consenting to the application. 12.A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 13.All other materials required pursuant to the specific submittal requirements listed in Section 26.535.090 and 26.480.050. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. N EXHIBIT#4 0 HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM State Site Number: Local Site Number: 430.WM Photo Information: ASP-B-12 Township 10 South Range 85 West Section 12 USGS Quad Name Aspen Year 1960 X 7.5' 15' Building or Structure Name: M.O. Beres Residence Full Street Address: 430 West Main Legal Description: Lots K, L & M, Block 37 City and Townsite of Aspen City Aspen County Pitkin Historic District or Neighborhood Name: Main Street Historic District Owner: Private/State/Federal Owner's Mailing Address: ARCHITECTURAL DESCRIPTION Building Type: Residence Architectural Style: Victorian Miner's Cottage Dimensions: L: x W: = Square Feet: Number of Stories: 2 Building Plan (Footprint, Shape): Rectangle with side bay & front porch Landscaping or Special Setting Features: Mature blue spruce, southwest Associated Buildings, Features or Objects - Describe Material and Function (map number / name): 2 contemporary metal sheds For the following categories include materials, techniques and styles in the description as appropriate: Roof: Single gable with hip at rear to shed porch; 2 side stable dormers; wood shingles Walls: Horizontal clapboard; 1st story, decorative wood shingles; 2nd story, decorative barge board Foundation / Basement: Stone Chimney(s): None Windows: Single one -over -one double -hung, 1st floor - paired 9 lite over one double -hung, front facade; 2nd floor - one -over -one double hung side windows 1st and 2nd; east side bay gable with shallow- proiecting bay with shed roof with one -over -one double hung window, supported by scroll brackets Doors: Transom 1/2 lite wood panel Porches: Hipped curved wood shingle roof supported by turned posts, turned post ballustrade; open, covers 2/3 front facade General Architectural Description: Victorian Miner's Cottage with interchanging use of horizontal clapboard and fishscales 1-1 0 Page 2 of 2 FUNCTION Current Use: Original Use: Intermediate Use: Residential Residential State Site Number Local Site Number 430.WM ARCHITECTURAL HISTORY Architect: Unknown Builder: Unknown Construction Date: 1892 _ Actual _ Estimate X Assessor Based On: Tax Record/Sanborn Maps MODIFICATIONS AND/OR ADDITIONS Minor X Moderate Major Moved Date Describe Modifications and Date: Porch reopened 1990 Additions and Date: Front porch and probable small rear addition; date unknown NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA _ Is listed on National Register; State Register _ Is eligible for National Register; State Register Meets National Register Criteria: A _ B _ C _ D _ E _ Map Key Local Rating and Landmark Designation Significant: Listed on or is eligible for National Register Contributing: Resource has maintained historic or architectural integrity. 0 Supporting: Original integrity lost due to alterations, however, is "retrievable" with substantial effort. Locally Designated Landmark Justify Assessment: Associated Contexts and Historical Information: The historical signi- ficance of this residential structure is that it was built for M.O. Berg in 1892 for the cost of $5,000 Mr. Berg was the proprietor of The Mint (saloon) in downtown Aspen At The Mint you could find the best wines liquors beer and cigars Mr. Berg came to Aspen in 1885. Other Recording Information Specific References to the Structure/Building: Pitkin County Court- house Records; Sanborn and Sons Insurance Maps; 1893 Aspen Director, "Historical & Descriptive Review of Colorado's Enterprising Cities," 1893 p 125 Archaeological Potential: N (Y or N) Justify: Recorded By: Date: March 1991 Affiliation: Aspen Historic Preservation Committee - City of Aspen Project Manager: Roxanne Eflin Historic Preservation Officer/Planner EXHIBIT #5 • 513431 Page: I of 4 II �I I! l II 08 /11/2 005 11.43f SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO.28 SERIES OF 2005 Parcel ID #: 2735-124-42-004. WHEREAS, the applicant, Glenn A. Beck, represented by Christie Ann Kienast, have requested a Historic Landmark Lot Split for the property located at 430 West Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.), which are as follows: 26.480.030(A)(2). 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 the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and 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. l 00.040(A)(1)(c). 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 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 Pitldn 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. 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. f) 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 at lot split. 513431 I Page: 2 of 4 111 08/11/2005 11:43F II III 111 1111 IIINI IIIiill11 111H1 11111111110 SILVIi7 DAVIS PITKIN COUNTY CO R 21.00 D 0.0 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; and 26 480 030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU (formerly O) zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Mixed Use (formerly Office) zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. C. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and 26 470 070(C), GMOS Exemption, Historic Landmark Lot Split The constriction of each new single-family dwelling on a lot created through review and approval of a Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings; and 26.415.010(D), Historic Landmark Lot Split A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC and before City Council; and 2 513431 N 11111111 Page: 3 of 4 08/11/2005 11:43F II �I SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 WHEREAS, Sara Adams, in her staff report dated July 27, 2005, performed an analysis of the application based on the standards, and recommended the application be approved with conditions; and WHEREAS, at a regular meeting held on July 27, 2005, the Historic Preservation Commission considered the application, found the application to meet the standards, and approved the application'by a vote of 5 to 0. THEREFORE, BE IT RESOLVED: That the HPC recommends Council approval of a Historic Landmark Lot Split 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado, with the following conditions: 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department 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. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Mixed Use zone district, except the variances approved by the HPC; and d. Be labeled to indicate that this proposal will create Lot 1 of 4,000 square feet in size and a Lot 2 of 5,000 square feet in size. The allowable floor area will be determined by the Zoning Officer once the use of the property is decided. e. Contain a plat note stating that the lot does not contain the historic structure must be developed as a single family residence. f. Contain a plat note stating that the FAR on the two lots created by this lot split shall be based on the use of the buildings. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, corner Lot 1 which is 4,000 square feet in size, and interior Lot 2 which is 5,000 square feet in size. g. A tree removal permit shall not be issued for the large tree at the corner of the lot unless Parks determines that the tree is unhealthy or a hazard. 2. The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the I! 513431 III Page: 4 of 4 �II II II 08/ / ++ !! 11 �I � 20 S 0 11.43E SILVIA DAVIS PITKIN COUNTY Co R 21.00 0 0.00 development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 430 West Main Street Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting on the 27th day of July, 2005. Approved as to Form: I David Hoefer, Assistant Cio Attorney Approved as to Content: HIS RIC P SERVATION�O,M�vMISSION 4 EXHIBIT #6 ORDINANCE NO.36 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID #: 2735-124-42-004 WHEREAS, the applicant, Glenn A. Beck, represented by Christie Ann Kienast, has requested a Historic Landmark Lot Split for the property located at 430 West Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.040(A)(4), and Section 26.415.11 O(A), which are as follows: 26.480.030 A Z 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 the adoption of subdivision regulations by the City of Aspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 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 26.470.070(B). 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 26.470.040(C)(1)(2); 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 26.470. 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. f) 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. 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; and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Mixed Use zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. C. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.110(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and 2 26.470.040(A)(4), GMOS Exempt Development Single -Family and Duplex Development on Historic Landmark Properties The development of one or multiple single-family residences or a duplex on a parcel of land designated as a Historic Landmark shall be exempt from growth management. This exemption applies to the rehabilitation of existing structures, reconstruction after demolition of existing structures, and the development of new structures on Historic Landmark properties, provided all necessary approvals are obtained, pursuant to Section 26.415, Development involving the Inventory of Historic Landmark Sites and Structures. Additional units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030; and 26.415.110(A) Benefits, Historic Landmark Lot Split This section establishes the procedure for review of a Historic Landmark Lot Split; and W HEKEAN, the Community Development Director reviewed and recommended approval of the application, finding that the applicable review standards have been met; and, WHEREAS, during a duly noticed public hearing on July 27, 2005, the Historic Preservation Commission recommended, by a five to zero (5 to 0) vote, that City Council approve a Historic Landmark Lot Split at 430 W. Main Street; and, WHEREAS, pursuant to Sections 26.415.110 and Section 26.480, of the Municipal Code, the City Council may approve a Historic Landmark Lot Split Subdivision Exemption during a duly noticed public hearing after taking and considering comments from the general public and recommendations from the Historic Preservation Commission (hereinafter HPC) and Community Development Director; and WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.040(A)(4), and Section 26.415.110(A) of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: The applicant's submission is complete and sufficient to afford review and evaluation for approval; and 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well -planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; acquire and ensure the maintenance of public open spaces and parks, provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers and other bodies of water, and, promote the health, safety and general welfare of the residents of the City of Aspen. Section 2 Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption for 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado with the following conditions: I. A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County CIerk 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. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Mixed Use zone district, except the variances approved by the HPC; and d. Contain a plat note stating that the lot does not contain the historic structure must be developed as a single family residence. e. Contain a plat note stating that the FAR on the two lots created by this lot split shall be based on the use of the buildings. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, corner Lot 1 which is 4,000 square feet in size, and interior Lot 2 which is 5,000 square feet in size. 4 f. A tree removal permit shall not be issued for the large tree at the corner of the lot unless Parks determines that the tree is unhealthy or a hazard. 2. Sidewalk, Curb and Gutter - The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must refer to the City Engineering Department for required Sidewalk, Curb, and Gutter requirements appropriate to this site. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance will be held on the 22nd day of August, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as pro"' 1 w, by the City Council of the City of Aspen on the 81h day of August, 2005. He en Ka an eru , a r Attest: e?2 Kathryn S. ch, City Clerk FINALLY, adopted, passed and approved this 22nd day of Au el i eru , ayo *Kathryn S. och, ity Clerk Zn rtoormor ester, City Attorney 61 • EXHIBIT #7 • LEaIEW LIVABLE AREA , WAACCESSABLEAREA AREA < 3W CEK.NG NEKR AREA BELOW GRADE (EXEMPT) CRTW RAdt MFA GLLtIAIae v r_ V rpAaAnE . p�pyyNlpR KARRANK EXISTING FLOOR AREA CALC=T "s A0.2e M 5A� l a rV rowlane + erougnton KARBMK Ex STMc BASEMENT PUN A2.Oe r ro.�ne . oro�gmm� EXISTING LEVEL ONE FLOOR PLAN A2.1 e 11 0 Ell it rV aM KARBANK LEVEL rWO FLOOR PLAN A2.2e 0 EXHIBIT #8 S AFFIDAVIT I, Neil Karbank, a Manager of Karbank 430 LLC ("Karbank 430"), hereby acknowledge the following regarding the establishment of Historic TDR Certificates on Karbank 430's property at 430 West Main Street in Aspen, Colorado: 1. A deed restriction will permanently encumber the Sending Site (430 West Main Street) and restrict that property's development rights to below that allowed by zoning according to the number of Historic TDR Certificates established and transferred from that Sending Site. 2. For each Historic TDR Certificate issued by the City for the Sending Site (430 West Main Street) that property shall be allowed two hundred -fifty (250) square feet less of floor area, as permitted according to the property's zoning, as amended. 3. I, as a Manager of the Sending Site property owner, shall have no authority over the manner in which the Historic TDR Certificate is used by the subsequent owners of the Historic TDR Certificate. I hereby signify acknowledgement of all of the above. KARBANK 430 LLC F - - By: Nei . Karbank, a Manager STATE OF COLORADO ) ) ss: COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 15f day of April, 2013 by Neil D. Karbank, as a Manager of Karbank 430 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: PTV PU64 �.— 2� MARGIP Notary Public POv;TOUS MA RCIA POUTOUS My Commission expires �S•'�•,. Nov. 5, 20 13 • F 9 EXHIBIT #9 10 AGREEMENT FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS PURSUANT TO ASPEN CITY COUNCIL ORDINANCE # , SERIES OF 2013 THIS AGREEMENT is made and entered into this day of , 2013, by and between KARBANK 430 LLC, a Colorado limited liability company ("Owner"), whose address is 604 West Main Street, Aspen, CO 81611; and THE CITY OF ASPEN, a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (the "City"); W-1-T-N-E-S-S-E-T-H: WHEREAS, Owner owns real property more specifically described as - Lots K, L and M, Block 37, CITY AND TOWNSITE OF ASPEN, Parcel ID# 273512442004, Pitkin County, Colorado — also known as 430 West Main Street, Aspen, (the "Sending Site"), which is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with Section 26.535.040 of the City Code, and supplied the necessary application materials identified in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the City Code; and WHEREAS, the City's Community Development Department has reviewed Owner's application according to the review standards identified in 26.535.070 of the City Code, and has recommended approval of the application and the establishment of (_) Historic TDR Certificates (each a "TDR Certificate") as set forth herein, and WHEREAS, City Ordinance No._, Series of 2013 dated , 2008 (the "Ordinance"), approves the establishment of such ( ) TDR Certificates, and requires that a Deed Restriction be recorded in real property records of Pitkin County, Colorado, designating the Sending Site as a Sending Site and permanently restricting the development of the Sending Site to an allowable Floor Area not exceeding the allowance for a single-family residence (or a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of TDR Certificates which are both established pursuant to this Agreement and then severed from the Sending Site; and WHEREAS, in consideration of the establishment of (_) TDR Certificates pursuant to the Ordinance and City Code, Owner agrees to restrict the Sending Site as set forth herein; and 3-26-13 mkb WHEREAS, the Ordinance allows for the establishment of _ (_) TDR Certificates and at such time that Owner wishes to create one (1) or more TDR Certificates from the (_) initially available, Owner shall record a deed restriction (the "Deed Restriction") substantially in the form annexed hereto as Exhibit "A"; and WHEREAS, each Deed Restriction shall result in a reduction, on the Sending Site, of allowable floor area of two hundred fifty (250) square feet, and Owner shall be entitled to subsequently establish additional TDR Certificates by filing subsequent Deed Restrictions for an additional reduction of allowable floor area of two hundred fifty (250) square feet each; provided, however, that the aggregate number of TDR Certificates and Deed Restrictions created shall not exceed the created pursuant to the Ordinance and this Agreement. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, Owner and the City hereby covenant and agree as follows: Development of the Sending Site is hereby permanently restricted to (a) an allowable Floor Area not exceeding the allowance for a single-family residence (or that Floor Area allowed for a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) as otherwise permitted by the City Code on the Sending Site, minus (b) two hundred fifty (250) square feet of Floor Area for each one (1) TDR Certificate hereby established and then utilized by Owner as evidenced by the recordation, against the Sending Site, of a Deed Restriction. Each recorded Deed Restriction shall reference this Agreement. 2. In consideration of the foregoing, and pursuant to the City Code and the Ordinance, the City shall, at any time and upon Owner's request therefor, cause the issuance of one (1) TDR Certificate, executed by the Mayor, allowing the development of an additional two hundred fifty (250) square feet of Floor Area on a Receiver Site to be determined pursuant to the City Code. Each such TDR Certificate may be sold, assigned, transferred, or conveyed, provided, however, that no Historic TDR Certificate shall be effective until a Deed Restriction, referencing such Historic TDR Certificate, shall have been recorded against the Sending Site. 3. Transfer of title shall be evidenced by an assignment of ownership on the actual TDR Certificate itself. Upon transfer, the TDR Certificate's new owner may request that the City re -issue the TDR Certificate acknowledging the new owner thereof. Reissuance shall not require adoption of a new ordinance. The market for such TDR 2 Certificate shall remain unrestricted and the City shall not prescribe or guarantee the monetary value of any TDR Certificate. 4. No Deed Restriction shall be construed to stipulate an absolute Floor Area on the Sending Site, but only a square footage reduction from the applicable allowable Floor Area, as that allowable Floor Area may be amended from time to time. 5. The Sending Site shall remain eligible for Floor Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 6. This Agreement may be modified only in a writing signed by both the Owner and the City. 7. Unless modified as stated above, this Agreement shall constitute a covenant running with the Sending Site as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date and year above first written. OWNER: KARBANK 430 LLC By: Neil D. Karbank, a Manager STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Neil D. Karbank, in his capacity as a Manager of Karbank 430 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public APPROVAL OF CITY ATTORNEY James R. True, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado 0 Michael C. Ireland, Mayor STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) Date: The foregoing instrument was acknowledged before me this day of , 2013, by Witness my hand and official seal. My commission expires: Notary Public 4 • EXHIBIT A HISTORIC TRANSFERABLE DEVELOPMENT RIGHT DEED RESTRICTION THIS DEED RESTRICTION is established this _ day of , 2013 (this "Deed Restriction"), by THE CITY OF ASPEN, a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (the "City"), at the request of KARBANK 430 LLC, a Colorado limited liability company ("Owner"), whose address is 604 West Main Street, Aspen, CO 81611, W-I-T-N-E-S-S-E-T-H: WHEREAS, pursuant to the City's Ordinance No._, Series of 2013, dated , 2013 (the "Ordinance"), the City approved the establishment of (_) Historic Transferable Development Right Certificates (each a "TDR Certificate") and accompanying deed restrictions to be recorded against certain real property owned by Owner and legally described as: - Lots K, L and M, Block 37, CITY AND TOWNSITE OF ASPEN, Parcel ID# 273512442004, Pitkin County, Colorado — also known as 430 West Main Street, Aspen, (the "Sending Site"), which is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, Owner and the City entered into that certain Agreement for Establishment of Historic Transferable Development Rights Pursuant to Aspen City Council Ordinance # , Series of 2013, dated , 2013 (the "TDR Agreement") and recorded in the real estate records of Pitkin County, Colorado on _, 2013 as Reception # , and the TDR Agreement sets forth the procedures for, and effects on floor area of the Sending Site (as defined in the TDR Agreement, "Floor Area"), of issuing TDR Certificates and for the recordation of a deed restriction, evidencing each TDR Certificate, against the Sending Site; and WHEREAS, pursuant to the TDR Agreement, Owner has requested that the City issue a TDR Certificate, and pursuant to the TDR Agreement, the City will issue a TDR Certificate only upon recordation, against the Sending Site, of this Deed Restriction; and WHEREAS, on and as of the date hereof, the City has issued to Owner a TDR Certificate. NOW, THEREFORE, in consideration of the mutual promises and obligations contained in the TDR Agreement and in this Deed Restriction, Owner and the City hereby covenant and agree as follows: 3-26-13 mkb • 0 Development of the Sending Site is hereby permanently restricted to (a) an allowable Floor Area not exceeding the allowance for a single-family residence (or that Floor Area allowed for a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) as otherwise permitted by the City Code on the Sending Site, minus (b) two hundred fifty (250) square feet of Floor Area. 2. This Deed Restriction shall not be construed to stipulate an absolute Floor Area on the Sending Site, but only a square footage reduction, of two hundred fifty (250) square feet, from the applicable allowable Floor Area, as that allowable Floor Area may be amended from time to time. 3. The Sending Site shall remain eligible for Floor Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 4. This Deed Restriction may be modified only in a writing signed by both the City and the then -owner of the Sending Site. Unless so modified, this Deed Restriction shall constitute a covenant running with the Sending Site as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this Deed Restriction as of the date and year above first written. OWNER: KARBANK 430 LLC By: Neil D. Karbank, Manager STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Neil D. Karbank, in his capacity as Manager of Karbank 430 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 2 APPROVAL OF CITY ATTORNEY James R. True, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home -Rule Charter and the Constitution of the State of Colorado Date: Michael C. Ireland, Mayor STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 201 _, by Witness my hand and official seal. My commission expires: Notary Public 430 WEST M A H N STREET IH[ IS-T® Ifs I r-ID' 0 10 20 U.S. SURVEY FGOT VICINITY MAP 1 -100 G PLAT OF THE LANDMARK SITUATED ON LOTS K L AND M BLOCK 37 CITY AND TOWNSM'TE OF ASPEN COUNTY OF P TKIN, STATE OF COLORADO AREA: 0.207 ACRES•/- 19,000 SO. FT.•/-1 PARCEL ID NO. 2735-124-42-004 m 'I 9610' 6 6e2" C IA DLOL ' 6 9A I0D 12 DL . D SNOW AND TRASH 10. 00 1 I2'6L STORAGE / I I / I a'6� / Z` 6' D 6 6L CITY OF ASPEN ORS MONUMENT N0. 9 6� I o3 U "J� IL O T I \ % 4,000 50 F'. / l 6L FOUND CITY MONUMENT SW. CORNER BLOCK 37 NORM ZONTAL CONTROL \ �.'N7v2o'oo'E Y CITY OF 7 B— .. OONC.. 0" D MCA ` (GEL rN 73.Op 6ACA II W PLAT NOTES OF CUgR 00. �'! I THIS 430 VEST MIN STREET HISTORIC LOT SPLIT SUBDIVISION EXEMPTION CITY COUNCIL l) IO' D PLAT HAS BEEN PREPARED IN ACCORDANCE WITH ORDINANCE NUMBER _ SERIES OF 2013 AND HISTORIC III L PRE 9ERVAT ION COM119310N RESOLUTION NdMRES _ SERIES OF 2013. THE LANDS AFFECTED BY THIS PLAT ARESUBJECT TO THE TERMS I AND CONDITIONS OF SAID APPROVALS AND BY ALL APPLICABLE LAND USE REGULATIONS OF THE CITY OF ASPEN.IS N rloo MILL 00 R 0 S, E E T 2 NO FURTHER SUBDIVISION OF THESE LOTS MAY BE GRANTED NOR ADDITIONAL UNITS BE BUILT WITHOUT RECEIPT OF APPROVALS AS MY BE REQUIRED BY THE PROVISIONS OF THE ASPEN LAND USE CODE IN EFFECT AT THE TIME OF SUCH DEVELOPMENT APPLICATIONS. 3 ALL DEVELOPMENT ON THESE LOTS WILL CONFORM TO THE DI SIONAL REOUIREMENT3 OF TIME MIXED USE IMUI ZONE DISTRICT UNLESS VARIANCES To THESE REOUIREMENTS ARE GRANTED BY THE ASPEN ' To HISTORIC SERYAT ION CON ""ON 4 LOT UUILLSHALL NAVE A MAXIMUM ALLOWABLE FLOOR AREA OF 2 141 50 FTCALC. UU CODEEDLOTRIUANT TO PU S BE SUBJECTLT0 FAR/LOTVAREA RESTRICTIONS11ION OF IEETMATND APPLY (SLOPE, EASEMENTS, ETC.I IN ACCORDANCE WITH THE LAND USE CODE. 5 LOT 2 !MALL MAYE A MAXIMUM ALLOWABLE FLOOR AREA OF 5 000 50 FT IF A MIXED USE OR 2.368 $0. FT. IF A RESIDENTIAL U3E'CALCULATED PURSUANT TO THE APPLICABLE PROVISION' OF THE ASPEN LAND USE CODE LOT SHALL BE SUBJECT TO III RESTRICTIONS THAT APPLY ISLOPE, EASETH THE LAND USE CODE EASEMENTS, ETCH IN ACCORDANCE WI 6 LOT I SMALL BE DEVELOPED AND USED AS A SIMPLE -FAMILY RESIDENCE Iciia-il- wl nMOi T,mrcW�gR�A�o w rwnNTTWInII°�w"�MWi�.ii` V yPYI1pw P,T PlNcgrRll wa°MPRr �c/r. I Ie 1IY IWTRpMY J g. CD -I r1/AiI ON MI5 100 If RIT iT.VWI I r— THE WA_ IX' THE WgHRYRS. LOT SPLIT NF'7BD N I S ION IEXIElTICE'T:OAS ALLEY B 110. L OCg 39 UNPAPED0 W 1 37 13 73.9p II-E Bo oo.l ELECTRIC COMMUNICATION AND UI LIYY EASEMENT 30 DO RECEPTION M0. 264013 F LANK ALUM. CAP / N. 0.6' OF REC. GRAVEL / PARKING J / GAS / RCETCAHING WALL I1 L I� F I/ E 6a'pL O F M BUILDING FOOTPRINT AREA 6" f 0 1, 334 SF - I A4Itq 4W / SEI JOB 351668 SIX. / RETAINING WALL / ENCROACHES / lL ® T 2 ' 5,000 SO. FT 50.00' 30' D 20'dL LANK ALUM CAP iso 0 9 OF RK ` LEGEND AND NOTES Q FOUND SURVEY MONUMENT WITH CAP AS DESCRIBED WITH LS 40. AS DESCRIBED Q 110.4 RE -BAR WIT" RED CAI LS 21147 TO BE SET WHEN CONDITIONS PERMIT B 1959 CITY MONUMENT, WATER PIPE WITH CAP C SURVEY CONTROL ® MANHOLE 0 STREET LIO"T UTIL,TY BOX ---W---a FENCE TITLE INFORMATION WAS FURNISHED BY FILE " 01330_20262EAIRENOE6 N0. C4 EFFECTIVE DATE: FEBRUARY 26, 2013 IMPROVEMENTS SHOWN ARE AS OF 3/13 WITH SNOW ON GROUND BEARINGS BASED ON THE CITY MONUMENTS FOR THE SOUTHWEST CORNER OF BLOCKS 11 AND 14: 11 75 09'11'E'S 311 36 1 TREE WITS CALIPER (D-DECIDUOUS F-CONIFER DL-DRIPLINEI THIS PROPERTY 15 SITUATED IN ZONE "X' (AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AS SHOWN MI FLOOD INSURANCE RATE MAP PREPARED BY F E.M A FOR THE CITY OF ASPEN COLORADO, COMMUNITY -PANEL 061143 0203C, EFFECTIVE DATE. DIME 41 1967 SLANTED TEXT DENOTES BUILDING TO BOUNDARY DIMENSIONS CALLS IN 1 1 RECORD FROM 1959 OFFICIAL MAP OF CITY OF ASPEN OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT KARBANK 430 LLC, IS THE RECORD OWNER OF SOTS K L AND M BLOCK 37 CITY AMID TOWNSf iE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO. DOES HEREBY SUBDIVIDE AND REPLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF LOTS I AND 2 430 WEST MAIN STREET HISTORIC LANDMARK'L0� SPLIT SUBDIVISION EXEMPT 16N, CITY OF ASPEN, PITKIN COUNTY, COLORADO EXECUTED THIS _ DAY OF , 2013 XARBANK 430 LLC, AS OWNER STATE OF COLORADO 1 COUNTY OF PITKIN 1" THE FORGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGE BEFORE ME THIS DAY OF , 2013 BY KARSANK 430 LLC, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL COMM MY MISSION EXPIRES: NOTARY PUBLIC SURVEYOR S CERTIFICATE OHM M. HOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED UND ER MY DIRECTION'AND SUPERVISION IN DECEMBER 2012 OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES BUILDING ENVELOPES UTILITIES IMPROVEMENTS AND EASEMENTS AS SH09N'ON THE TITLE COMMITMENT APE NOYED HEREON AND ARE ACCURATELY SHOWN ON TM IS PLAT AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH C R 5 1973 TITLE 36 ARTICLE 51 A3 AMENDED FROM TIME TO TIME. $UR YEY CONTROL PRECf SION LESS THAN 1/15,000. 51GNED TH15 _ DAY OF , 2013 JOIN M. HINFORTH, PLS 25947 TITLE CERTIFICATE TITLE OFF COLOR LORD�A DULY AUTREGISTERED TO DOED S BUSINESS ITIVE N PIITTKINPIT COUNTY COLORADO dOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNER OF THIS PLAT DOES HEREBY HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EX[EP7 THOSE'LI S TEO ON THE OWNERS CERTIFICATE. AL iH6UGN WE BELIEVE THE FACTS STATE ON THIS PLAT ARE TRUE THIS CERTIFICATE I! NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE 'NOR AN OPINION OF TITLE MDR GUARANTEE OF TITLE AMD IT IS UNDERSTOOD AND AGREED THAT STE'BART TITLE OF COLORADO 1MC NEITHER ASSUMES NOR WILL BE CHARGED WITH My FINICAL ' OBLIGATION OR LIABILITY WHATSOEVER BASED ON ANY STATEMENT CONTAINED HEREIN. STEWART TITLE OF COLORADO INC. 620 EAST HOPK INS AVENUE ' ASPEN, CO 61611 SIGNED BY: TITLE STATE OF COLORADO 1 144 COUNTY OF PITKIN I THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2013 BY AS OF STEWART TITLE OF COLORADO TNC WITNESS MY HAD AND OFFICIAL SEAL MY COMMISSION EXPIRES_ NOTARY PUBLIC CITY COUNCIL APPROVAL THIS PLAT OF THE 430 WEST MAIN STREET HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN ON THIS DAY OF , 2013 AS ORDINANCE NO SERIES OF 2013 AMD RECORDED AS RECEPTION NO. 515759 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. SIGNED THIS —DAY OF 2013, ATTEST: ND MICHAEL C. IRELA, MAYOR KATNRYN S. KOCH, CITY CLERK CITY ENGINEER'S REVIEW THIS PLAT OF THE 430 WEST MIN STREET HISTORIC LANDMARK LOT SPLIT SUBDIV I51ON THE WAS REVIEWED BY THE ASPEN CITY ENGINEER, THIS —DAY OF , 2013. CITY ENGINEER COMMUNITY DIRECTOR REVIEW THIS PLAT OF THE 430 HEST MIN STREET HISTORIC LANDMARK LOT SPLIT SURD IV ISION EXEMPTION WAS REVIEWED BY THE ASPEN COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN THIS DAY OF , 2013. ' DIRECTOR, CLERK AND RECORDER'S ACCEPTANCE THIS PLAT OF THE 430 WEST MIN STREET HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION WAS ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORAGO AT _O'CLDCK —M. ON THIS _ OAT OF , 2013. CLERK AND RECORDER PREPARED BY ASPEN SURVEY ENGINEERS INC. 210 SOUTH GALENA STREET ASPEN, COLORADO $1611 PHONE/FAX (9701 925-3816 DATE JOB 3/I3 351660 • EXHIBIT: J AFFIDAVIT OF PUBLIC NOTICE I REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE COD ADDRESS OF PROPERTY: `" o wit WA'— SVqAA , Aspen, CO SCHEDULED PUBLIC HEARING DATE: '> Zb , 20 k3 STATE OF COLORADO ) ss. County of Pit'n ) I, N- %_ A''` fl"_ �� `^ "''^ (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: v Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ✓ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the to day of 5A ---t , 20 V3, 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 method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, 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. — I AL Ly Signature The foregoing "Affidavit of Notice" was acknowledged before rye this `a day of Z •A.� , 20�, by l �8+�. R. � lti %1%1 . WITNESS MY HAND AND OFFICIAL SEAL My commission expires: SQ f f . `f 2 0 Notary Public CAITLI STROTHER DOYLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124057288 ATTACHMENTS AS APPLICABLE: MY COMMISSION EXPIRES SEPT. 4, 20 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: 430 W. MAIN STREET- HISTORIC LANDMARK LOT SPLIT AND VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, June 26, 2013, 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 Karbank 430 LLC, 604 W. Main Street, Aspen, CO 81611, owner of the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, PID #2735-124-42-004. HPC is asked to make a recommendation to City Council regarding a proposal to subdivide the property into one 4,000 square foot lot (Lot 1) and one 5,000 square foot lot (Lot 2). Lot 1 will be a vacant parcel. The owner intends to remove all development rights from the property by selling Transferable Development Rights. Lot 2 will contain the existing Victorian era building. HPC is asked to approve a setback variance along the west side of the Victorian, to allow the new lot line to be 3', rather than 5' from a portion of the structure. HPC is asked to grant a 500 square foot floor area bonus, which is also intended to become Transferable Development Rights. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy.guthrie@cityofaspen.com. s/Jamie Brewster MacLeod Vice Chair, Aspen Historic Preservation Commission Published in the Aspen Times on June 6, 2013 City of Aspen Account AkOAV-OD-008-L W,dn-dod pjogau al jaIgAgJ ;uawaUANJ I 009LS OA213AV I!jege6 al zaslon wo3-tiene-mmm op ul;e au►4nq el @ zalldaa p - 5 i jalod q selpe; saaanbq 501 WEST MAIN LLC 532 E HOPKINS AVE ASPEN. CO 81611-1818 ASPEN FSP ABR LLC 11921 FREEDOM DR #950 RESTON, VA 20190 ALPINE BANK ATTN ERIN WIENCEK PO BOX 10000 GLENWOOD SPRINGS, CO 81602 ASPEN MESA STORE LLC C/O ASPEN BLUE SKY HOLDINGS LLC PO BOX 8238 ASPEN, CO 81612 BAILEY RYAN TANNER MCKENZIE TRST BLOCKER LAURA G 50% PO BOX 9213 BAKER & HOSTETLER LLP ASPEN, CO 81612 303 E 17TH AVE #1100 DENVER, CO 80203 BROOKS NORMAN A & LESLEE S 16311 VENTURA BLVD #690 ENCINO, CA 91436 CHRISTIANA ASPEN CONDOMINIUM OWNERS ASSOCIATION INC 678 COUNTY RD 127 GLENWOOD SRPINGS, CO 81601 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 COLORADO MTN NEWS MEDIA PO BOX 1927 CARSON CITY, NV 89702 DAHL W ROBERT & LESLIE A 83 PECKSLAND RD GREENWICH, CT 06831 CARINTHIA CORP 45 E LUPINE DR ASPEN, CO 81611 CHRISTIANA UNIT D101 LLC 795 LAKEVIEW DR MIAMI BEACH, FL 33140 CLICK JANE 333 W MAIN ST #2A ASPEN, CO 81611 CORONA VANESSA LOPEZ PO BOX 3670 ASPEN, CO 81612 DESTINATION RESORT MGMT INC 610 S WESTEND ST ASPEN, CO 816112142 DRATCH KATE TYCHER 2012 TRUST EMERICK SHELLEY W ROSELAND PROPERTY CO / BARBARA 2449 5TH ST MASCERA BOULDER, CO 80304 233 CANOE BROOK RD SHORT HILLS, NJ 07078 FAT CITY HOLDINGS LLC 402 MIDLAND PARK PL ASPEN, CO 81611 FERGUS ELIZABETH DAWSON PO BOX 1515 ASPEN, CO 81612 ASPEN FAMILY HOLDINGS LLC 137 WESTVIEW DR ASPEN, CO 81611 ASPEN SQUARE CONDO ASSOC INC 617 E COOPER AVE ASPEN, CO 81611 BRIEN ALICE 110 NEALE AVE ASPEN, CO 81611 CARTER RICHARD P PO BOX 2932 TELLURIDE, CO 81435 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 COCHENER CAROLINE A TRUST #5 7309 EAST 21 ST ST #120 WICHITA, KS 67206 CORTALE ITA 205 S MILL ST #112 ASPEN, CO 81611 DILLON RAY IV PO BOX 10543 ASPEN, CO 81612 FARR CHARLOTTE 306 MCCORMICK AVE CAPITOLA, CA 95010 FINE FREDRIC N & SONDRA 412 MARINER DR JUPITER, FL 33477 T ® �A�3nd wia6p3 dn-dod asodxa �. jaded paa; 009LS aleldwal ®tiaAV ash 09LS i o3 aull 6uole pugs V slage3 ®laad ASe3 AH3AV-O9-008-L f ,,,,dn-dod pjogaj al JaIgAqJ ;uwe43 T 009L5 @AH3AV i!jege6 al zesion wordaane nnnnnA i ap ul;e ainy)ey el q zalldaa ap. suas • ; salad @ salpe; sauanblq FISCHER SISTIE 442 W BLEEKER ASPEN, CO 81611 GANT CONDO ASSOC INC 610 S WESTEND ST ASPEN. CO 816112142 GOLDMAN DIANNE L PO BOX 518 FAIRFIELD. CT 06824 HILLMAN TATNALL L REV TRUST 504 W BLEEKER ST ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC 214 B AABC ASPEN. CO 81611 KIRVIDA KATHY L REV TRUST PO BOX 518 LINDSTROM, MN 55045 MOLLER DIANE T 1710 MIRA VISTA AVE SANTA BARBARA, CA 93103 NORTHWAY LLC 106 S MILL ST #202 ASPEN, CO 81611 QUINN CHRISTINE 333 W BLEEKER ST ASPEN, CO 81611 ROSENTHAL DIANNE PO BOX 10043 ASPEN, CO 81612-7311 FISERV ISS & CO FBO ROBERTA N LOWENSTEIN PO BOX 741626 BOYNTON BEACK, FL 33474 GARMISCH LODGING LLC 110 W MAIN ST ASPEN, CO 81611 H & H PROPERTIES LLLP 807 W MORSE BLVD STE 101 WINTER PARK, FL 32789-3725 HOWELL DANIEL B & MARY H 3701 PALMA CEIA CT TAMPA, FL 33629 JEWISH RESOURCE CENTER CHABAD OF ASPEN 435 W MAIN ST ASPEN, CO 81612 LORENTZEN AMY L 26 GREENVIEW WAY MONTCLAIR, NJ 070432532 MURPHY JULIANNE RUTH & WILLIAM REES 9833 SHORELINE LONGMONT, CO 80504 PERRY EMILY V 1497 ISABELLA LN SANTA BARBARA, CA 93108 RAINBOW CONNECTION PROPERTIES LLC 4475 NORTH OCEAN BLVD #43A DELRAY BEACH, FL 33483 SAND CANYON CORP ATTN KAREN COGBURN 4875 BELFORT RD #130 JACKSONVILLE, FL 32256 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 GOLDENBERG STEPHEN R & CHERYL J 430 W HOPKINS AVE ASPEN, CO 81611 HAYMAN JULES ALAN 9238 POTOMAC SCHOOL DR POTOMAC, MD 20854 HUDGENS ROBYN 401 W BLEEKER ST ASPEN, CO 816111225 JOHNSTON FAMILY TRUST 2018 PHALAROPE COSTA MESA, CA 92626 MACDONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 NORTH AND SOUTH ASPEN LLC 200 S ASPEN ST ASPEN, CO 81611 PIONEER PARTNERS LTD 617 W MAIN ST ASPEN, CO 81611 RISCOR INC 2651 N HARWOOD ST #580 DALLAS, TX 75201-1576 SCHALL FAMILY TRUST 8/31/1998 3841 HAYVENHURST DR ENCINO, CA 91436 T®09L5 pA?J3/�d f -o6p3 do-dod asodxa jaded paa; ®09LS a�eldwal ®tiaAd asB i i of aull 6uole pua8 V slage3 ®laad Ase3 AU3AV-09-008- L wo2-ti8ne•AM M SCOTT MARY HUGH RUSSELL SCOTT III & CO LLC 5420 S OUEBEC ST #200 GREENWOOD VILLAGE, CO 80111 STUART DANIEL S & TAMARA B PO BOX 3274 ASPEN. CO 81612 TYCHER DANA 2012 TRUST ROSELAND PROPERTY CO / BARBARA MASCERA 233 CANOE BROOK RD SHORT HILLS, NJ 07078 VERNER DANIEL A & MERYLE 2577 NW 59TH ST BOCA RATON, FL 33496 WERLIN LAURA B TRUST 2279 PINE ST SAN FRANCISCO. CA 94115 ,,dn-dod pjogaj al JaIgAgJ • i op up a4ntpe4 el g zagdaa SEAL MARK PO BOX 9213 ASPEN, CO 81612 luawabje43 1 009LS ®AH3AV llaege6 al zosimn ap sues salad @ salhe} sallanbq v , SMITH ANDREW C & DONNA G 3622 SPRINGBROOK ST DALLAS, TX 75205 TOMS CONDO LLC C/O BRANDT FEIGENBAUM PC 132 MIDLAND AVE #4 BASALT, CO 81621 ULLR CONDO LLC 6450 AVENIDA CRESTA LA JOLLA, CA 92037 WAGNER HOLDINGS CORP LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WHIPPLE JOHN TAGGART 121 S GALENA ST ASPEN, CO 81611 TUCKER LUCY LEA PO BOX 1480 ASPEN, CO 81611 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 WENDT ROBERT E II 350 MT HOLYOKE AVE PACIFIC PALISADES, CA 90272 T T wla6P3 do-dod asodxa jaded paa3 009LS aleldwal ®tiaAV asB 0915 pAU3Ab i i of aull 6uole puce slagel ®lead Ase3 �,, .+,ter « � �..; � .` S.7 ', v. i Y • - . d €s IIEE( i Ez Al 0 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: lt30 tAJ Nix , Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) ss. County of Pitkin ) 1, _ j'' _e� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice.; By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governrnental agencies so noticed is attached hereto. (Continued on next page) • 0 Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this I t3 day of 20L2 by WITNESS MY HAND AND OFFICIAL SEAL My commission i ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE MARK LOT SPLIT AND VARIA14CES RIC LAND - NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, Junto a the Aspen meeting to begin at 5'.00 p. in Council Historic s. City Hall, 130 S. Galena St., Aspen, to Chambers. City Hall, submitted by Karbank 430 consider an application O 81611, Own- aLC, the r Main Street. Aspen, C er of the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of HPC is Aspen. PID p2735-124-42-004. Council regaedino make a recommendation to City into one r a proposal to subdivide the property square foot lot square foot lot (Lot 1) and one 5.000 (Lot 2). Lot 1 will be a vacant parcel. The owner intends to removealldevelopment hts from the anstable rDevelopment property by 9 Victorian Rights. Lot 2 will contain the existing setback van - building. HPC is asked to f the to allow ance along the west siderathethan SI from a por- the new lot line to be 3', rant a 500 lion of the structure. HPC is asked to gnd- square foot Boor area bonus, which isall o in ghts. ed to become Transferable Development at the For City of spenormation, contact AmyCommun ty Deve opmenttlDepart- ment, 130 S. Galena t.. Aspen, CO. (970) 429-2758. amy-guthne®cityoiaspen.com. alJamis Brewster MacLeod Vice Chair. Aspen Historic Preservation COm- mission Published in the h) Aspen Times Weekly on June 6. 2013 ° RECEIVED APR 9 2013 LAND USE APPLICATION CITY OF ASPEN APPLICANT: COMMUNITY DEVELOPMENT Name: KAQP,A—K y3a L-L L Location: 14 Vkr3s bo,, j&A A AS Cam- L1rS g G LK 3 ? (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 5► a a G o,j REPRESENTATIVE: Name: Q��� ��.,•-� Se�tvtu r - -� Address: go ;ay- 2, l3 A^. rre-- '5rt b t z Phone#: PROJECT: Name:�c-%�L.cn►,,.ti� Address: `l3 0 A-s rt Phone #: `tom -ZFIC% TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ® Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condoniumization) Expansion Mountain View Plane ® Lot Split ❑ Temporary Use © Other: 2 C 4 %, C c.44 ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existi PROPOSAL: (description of proposed build] buildi etc. etc. Have you attached the following? FEES DUE: $ 4 `-t 6-o ® Pre -Application Conference Summary © Attachment # 1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form 0 Response to Attachment 44, Submittal Requirements- Including Written Responses to Review Standards � 9 RECEIVED Agreement to Pay Application Fees yn aareement Detween the LAW Ot Aspen (" a v) ana DEVELOPMENT Property Karbank 430 LLC Phone No.: 970-920-2899; neil karb@comcast.net Owner ("I"): Email: Address of 430 West Main Street Billing 604 West Main Street Property: of Address: Aspen CO 81611 (subject (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. C14� [Parks Select Dept flat fee for $r:._.._____. flat fee for I � Select Dept � 9flat flat fee for $�fee for 1 For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at thehourlyrates hereinafter stated. $3,250 deposit for.---..--,] hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ 265 deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: Neil Karbank City use: 4460 Title: Manager, Karbank 430 LLC Fees Due: $ Received: $ 3,5;'o V 8 P A I D