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HomeMy WebLinkAboutcoa.lu.ec.110 E Bleeker St.0067.2013.aslu THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0067.2013.ASLU PARCEL ID NUMBERS 2735-12-4-37-006 PROJECTS ADDRESS 110 E BLEEKER ST PLANNER SARA NADOLNY CASE DESCRIPTION EXTENTION OF VESTED RIGHTS REPRESENTATIVE HERBERT S. KLEIN, COTE&EDWARDS DATE OF FINAL ACTION 12/02/2013 `CLOSED BY ANGELA SCOREY ON: 3.19.15 , e.r:n 15 =I,., ,, t n s ,; 11, FrIEEdrtRecord NaigatE_ Fr}rmReporfs `Fermat 'Ta6 Helper � . s, _ 3 M.,k s i% �'w� '"v "11lInP'1 p .�.�" IN _.. � � «.^�,�a"t •. �., ..� r • ... _...... - Q I; Main CusfomFreIds, RoufmgStatus FeeSummary IActioruRoutmgHistory M ' o a (Permit Type peg LenU Lse Permit# 00.7.2011ASLU 110 E E ESKER Address AptlSufe f o Cif y - ' State CO ZIP 190 ASPEN e m _ 3 Permit Information ` e+ Master permit Routing queue asW7 Applied 10=?02013 a E � Proed' Status pending A rovedV. o I PP - m_..m € Description EX—E14S4OH OFVESSS D RIGHTS 1,7HR.E YEAR LT EWSIOW OF'%,TSTI D RIGHTS O 4 COI39P1}.=PROJEC,AS PREVIO U SCY APPROVED) __.._. ClosedlFinal . I, Submitted HFRB RT S.KLEN.0O3.6.-D�4�,R0 Clock Rcnnng Days 0 Expires 10,2501 �}Submittedvia x Owner . LasChame.PO-Atf1!N First name LEKIE 1714 FISHER S-1-4ODR r' t FISHER ISLAND FL 1.31 LM9,5F Phone !C:t IM717 �` Address. 4 ' _- Applicant _..... � ... I: 111 Owner is applicant?' Conhactor is applicant? . x Last name .0 M KIN First name LEKE 7794 . Hi R ISL NG,DR __......__ FSHERISL '."i0 FL 11103 sem^ F Phone :'fl r,r g z r l t - Cust# 27E,3 Address 1 Lender -W E Last'na a First name., 1 Phone E ° Address u I' 3 I E ' 1 of 1 AspenGold5(server) diamam -- RESOLUTION NO. 107 (Series of 2013) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A ONE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY HPC RESOLUTION#33, SERIES OF 2004,FOR 110 E.BLEEKER,LOTS L AND M,BLOCK 65,CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY, COLORADO. Parcel No. 2735-124-37-006 WHEREAS, the Community Development Department received an application from Lexie Brockway Potamkin, represented by Herb Klein, of Klein, Cote and Edwards, requesting approval of a three.(3) year extension of the vested rights for 110 E. Bleeker, pursuant to HPC Resolution#33, Series of 2004; and, WHEREAS, City Council has previously extended vested rights for this project twice, through Council Resolution #95, Series of 2007 and Council Resolution #15, Series of 2011; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended denial of a three (3) year extension of vested rights; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal meets regulatory requirements; and, WHEREAS,the City Council finds that this Resolution furthers and is necessary for the promotion of public health,safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: The Aspen City Council does hereby approve a one (1) year extension of vested rights pursuant to HPCResolution #33, Series of 2004, to December 9, 2014, for 110 E. Bleeker, Lots K and.L, Block 65, City and Townsite of Aspen, Colorado. Resolution#107, Series of 2013 Page 1 of 2 Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, 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. Section 3• This Resolution shall not affect 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 conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 duly noticed public hearing on this Resolution was held on the 2°a day of December, - 2013, at 5:00 PM in the City Council Chambers,Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a 3 to 2 vote on this 2nd day of December, 2013. Approved as to form: Approved is to content: aures R.True, City Attorney Steven Skadr n,Mayor Attest: athryn S. K ,City elerk Resolution#107,Series of 2013 Page 2 of 2 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Amy Simon, Historic Preservation Officer RE: 110 E. Bleeker- Extension of Vested Rights, Resolution# Series 2013, Public Hearing DATE: December 2, 2013 APPLICANT/OWNER: ZONING: Lexie Brockway Potamkin R-6, historic landmark REPRESENTATIVE: PROPOSAL: Herb Klein, of Klein, Cote and Edwards The applicant requests a 3 year Extension of Vested Rights related to an HPC approved remodel to this LOCATION:, single family home. 110 E. Bleeker, Lots L and M, Block 65, City and Townsite of Aspen, PID#2735- STAFF RECOMMENDATION: 124-37-006 Staff recommends denial of a 3 year extension. Vested Rights have been extended twice previously. SUMMARY: The Applicant has requested Extension of Vested Rights for the project approved by HPC Resolution#33, Series of 2004, an approval which allows an addition to this landmarked home, a floor area bonus, a setback variance and site coverage variance. The approval requires the applicant to restore the house based on a historic photo, and to remove vegetation that has been planted in the public right of way, significantly blocking public view of this historic resource. The photos below show the changed appearance of the home over the years. F. Victorian era Date unknown Current photo The project was originally initiated by this applicant in 2002. HPC granted Major Development approval that year. In 2004, a Substantial Amendment was reviewed and approved. The "clock" for the Vested Rights was re-set to begin on December 8, 2004. The property owner submitted for a building permit in 2007, but subsequently became involved. in a property line dispute with a neighbor over the encroachment of the garage at 110 E. Bleeker onto the neighbor's lot, and into the alley. The building permit was reviewed, extensions were granted, but the applicant did not pick up the permit when it was ready to be issued in 2009, so it expired. A private agreement regarding the garage was reached in 2010. The owner approached City Council at the end of that year with a request to extend Vested Rights due in part to the delay involved in settling. Another three years has passed with no action towards constructing the approved project. Vested Rights extension is requested until December 2016, which would be 14 years past the original. project review. STAFF COMMENTS: The review standards that City Council is to apply are attached as Exhibit A. Staff does not find that the review criteria, particularly Criterion lb, related to the applicant's progress towards acting on the approval, is met. Vested Rights status allows the project to be constructed under the land use regulations that were in place in 2004, including the historic preservation provisions, the zone district regulations, and, the methodology for calculating floor area, height, setbacks, etc. The historic preservation guidelines have not been amended, but the HPC's interpretation of the guidelines may have shifted as the board philosophy and membership has changed over the years. The R-6 zone district has not been meaningfully altered since 2004, but the techniques for measuring proposed new buildings have. The approved project may or may not comply with current size limitations. RECOMMENDATION: Staff recommends that City Council deny the requested Extension of Vested Rights for 110 E. Bleeker. The Historic Preservation Commission approval will remain valid, until such time that area.of the code or guidelines are amended. Any building permit submitted after December 9, 2013 will be required to comply with all areas of the land use regulations that have been updated since 2004. A resolution approving the Extension of Vested Rights has been provided in case that is the direction of Council. CITY MANAGER'S COMMENTS: ATTACHMENTS: Resolution #_, Series of 2013 EXHIBIT A—Review Criteria and Staff Findings EXHIBIT B—Application for Extension of Vested Rights Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA& STAFF FINDINGS Section 26.308.010.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding_ The applicant is currently in conformance with HPC conditions related to this property. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by . the applicant in pursuing the project; Staff Finding: The applicant has initiated a building permit, but allowed it to expire. No application for permit has been received in over four years. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; StaffFinding: The City,has collected fees as part of processing the land use and building permit applications, but no other benefits. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding_ The proposed project includes removing non-historic paint from this brick home, stabilizing the foundation, and using historic photographs to restore the front porch, bay windows and other features, which is very valuable to the community. However, the applicant has not shown active progress in some time. The City's needs might be better served by a project that is in alignment with current land use regulations. RESOLUTION NO._ (Series of 2013) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY HPC RESOLUTION#33, SERIES OF 2004,FOR 110 E. BLEEKER,LOTS L AND M,BLOCK 65, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-37-006 WHEREAS, the Community Development Department received an application from , represented by, requesting approval of a three (3) year extension of the vested rights for 110 E. Bleeker, pursuant to HPC Resolution #33, Series of 2004; and, WHEREAS, City Council has previously extended vested rights for this project twice, through Council Resolution #95, Series of 2007 and Council Resolution #15, Series of 2011; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended denial of a three (3) year extension of vested rights; and, WHEREAS, the Aspen City Council has reviewed and considered the.requested extension of vested rights under the ;applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal meets regulatory requirements; and, WHEREAS,the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety,' and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: The Aspen City Council does hereby approve a three (3) year extension of vested rights pursuant to HPC Resolution #33, Series of 2004, through December 9, 2016, for 110 E. Bleeker, Lots K and L, Block 65, City and Townsite of Aspen, Colorado. Resolution# Series of 2013 Page 1 of 2 i • Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, 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. Section 3• This Resolution shall not affect 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 conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 duly noticed public hearing on this Resolution was held on the 2nd day of December, 2013, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a_to _vote on this 2nd day of December, 2013. Approved as to form: Approved as to content: James R. True, City Attorney Steven Skadron, Mayor Attest: Kathryn S. Koch, City Clerk Resolution# Series of 2013 Page 2 of 2 KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S.KLEIN' hsk@kcelaw.net 201 NORTH MILL STREET,STE.203 LANCE R.COTE,PC' lrc@kcelaw.net ASPEN,COLORADO 8 161 1 JOSEPH E.EDWARDS,111,PC' jee@kcelaw.net TELEPHONE:(970)925-8700 KENNETH E.CITRON' kcitron@kcelaw.net FACSIMILE:(970)925-3977 MADHU B.KRISHNAMURTI mbk@kcelaw.net www.kcelaw.net also admitted in Hawaii also admitted in California also admitted in New York and Massachusetts October 29, 2013 City of Aspen City Council c/o Amy Simon Senior Planner- Historic Preservation 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Application for Extension of Vested Rights for Historic Renovation at 110 E. -Bleeker St.,Aspen Project, Parcel ID Number 273512437006 ("the Project") Dear Council Members: This letter provides the written description and attorney's title certification supporting the application of Lexie Brockway Potamkin (the "Applicant") for an extension of vested rights for additional three 3 year period to allow her to complete the Project as it is currently an add P J Y OY P approved. The current vested rights expire on December 9, 2013. The project received HPC approval through Resolution#33, Series of 2004 and Council has previously granted two, three year extensions by Resolution#95, Series of 2007, and Resolution#15, Series of 2011. In addition, in 2007, HPC granted a variance of the Combined Side Yard Setback from the required fifteen(15) feet to the proposed ten(10) feet in Resolution No. 8, Series of 2007. This is an exceptional historic project as evidenced by the support of staff, the HPC and the approval by Council for the two previous requests for extensions of vested rights. Due to the circumstances described below, the Applicant has not been able to undertake the construction of this very worthy project and respectfully makes this request for a further extension of vested rights. The Project is a full restoration of a 19th Century brick home in Aspen's West End. Staff has recognized that there are relatively few 19th Century brick homes left in Aspen, and has previously stated that the renovation of this "nicely detailed Victorian"would"benefit the neighborhood and community". (Staff Memorandum dated January 23, 2002). The Project also remains true to the original home and the intent of Aspen historic preservation policies,because there are no other changes to the historic structure. The Project is a restoration of the home that respects its original state and the construction of a complement a� t Et has also OCT 3 0 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT City of Aspen City Council October 28, 2013 Page 2 of 5 agreed to restore and replace the front bay windows and the two front doors. Applicant conducted substantial work on researching the correct windows to be installed on this highly home. In addition at the request of Staff Applicant has a visible part of the o q pp reed to remove and g replace several trees on the Property in order to showcase the historic attributes of the home and the front porch renovations. Applicant also agreed to modify the original plans to reduce the height of the connection between the existing structure and the addition so as not to detract from the appearance of the historic portion of the home, and render the design more acceptable to Staff. Finally,Applicant has agreed to remove a non-historic addition to the rear of house. Factors that contributed to the delay of the Project since the plans were approved by HPC included the national financial collapse that began in 2009 and its adverse affects on available lending sources that continues today and a boundary line dispute with a neighbor regarding the historic carriage house located on the property. The boundary line dispute has been resolved, although it took several years to accomplish a settlement of the litigation that was involved. The applicant was previously ready to proceed with the project and in 2009, submitted full construction plans to the City for the approved development. The building permit was approved and ready to be issued, but due to the above factors, the permit was not picked up and it expired. Due to various personal reasons since that time, the Applicant was not in a position to take on the construction of this project and is not able to do so at the present time but asks that the approvals remain in place and valid for another three year period in order to allow for the project to be completed without the necessity of starting from scratch and wasting staff and HPC resources processing a new application for this project. To complete the project as planned requires a thorough restoration that will do justice to the structure and the intent of the original approvals, the Applicant requests more time to allow this to happen. 1. Requested Action. An Extension of Vested Rights for a period of 3 years to complete the Project as it is currently approved. The requested Extension of Vested Rights will allow Applicant to complete the Project as it is currently approved. The home itself is a rare example of a brick Victorian in the downtown area. In its current form,the Project is an historic remodel that includes only improvements that reflect deference to and respect for the historic features and significance of the home. The remodel also refines the structure and landscaping to highlight the historic character. Staff has stated that remodeling the home will have the public benefit of both preserving the home and enhancing the public's ability to view and appreciate its unique character. Applicant has worked with Staff to create an excellent Project, and after extensive review, including the previously approved extensions,both HPC and Council appear to agree. R EC"E I V OCT 3 0 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT 0 0 City of Aspen City Council October 28, 2013 Page 3 of 5 2. Applicant's Information Authorized Representative and Property Description. The applicant is Lexie Brockway Potamkin, 7714 Fisher Island Dr.,Fisher Island,Florida 33109- 0966 ("Applicant"). This firm is authorized to act on Applicant's behalf with regard to the Project. The subject property is located at 110 E. Bleeker St., Aspen. The parcel is identified as parcel number 273512437006, and the legal description of the property is Lots L &M, Block 65, City and Townsite of Aspen. 3. Attorney's Title Certification. By this letter, this firm certifies that,based on our review of title to the property,the present owner is Lexie Brockway Potamkin. 4. Applicable Code Provisions and Compliance. The requested Extension of Vested Rights complies with the specific provisions of the City of Aspen Land Use Code. Section 26.308.010.0 of the Code provides: The City Council may by resolution, at a public hearing noticed by publication, mailing, and posting (See section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order. . .. (Emphasis added). This Application meets each of the below criteria as shown by the Responses set forth after each criteria as follows: 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider,but not limited to,the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Response: Applicant has met all conditions imposed by the City and HPC that require performance to date. b. The progress made in pursuing the Project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the Project; Response: Applicant has diligently pursued the Project to date including: the lengthy legal process necessary to resolve a boundary dispute; revising the Project on several occasions as requested by Staff, seeking a building permit to the point where issuance of the permit was approved. Several matters were raised and satisfied, including, acquiring a variance as requested by Staff, seeking an encroachment license from the City for the pre-existing garage; and resolving a quiet title action with neighboring property owners to resolve property line issues. Unfortunately, by the time all these matters were finalized, the Applicant was not in a position to undergo the rigors of the construction of the project and the building e We to QCT 3 p 2013 GeTY ®�ASPEN CO��O�IT� City of Aspen City Council October 28, 2013 Page 4 of 5 C. The nature and extent of any benefits already received by the city as a result of the Project approval such as impact fees or land dedications; Response: Because a building permit for the Project was not picked up and expired, impact fees applicable to the Project are not yet due. However, when the building permit is issued,Applicant will pay Park Dedication and School Land Dedications. Beyond the monetary benefits, Staff has recognized that there are relatively few 19th Century brick homes left in Aspen, and has stated that the renovation of this "nicely detailed Victorian"would"benefit the neighborhood and community". (Staff Memorandum dated January 23, 2002). The Project also remains true to the original home and the intent of Aspen historic preservation policies because there are no other changes to the historic structure. The Project is a restoration of the home to its original state and the construction of a complementary addition. Applicant has also agreed to restore and replace the front bay windows and the two front doors. Applicant conducted substantial work on researching the correct windows to be installed on this highly visible part of the home. In addition, Applicant has agreed to remove and replace several trees on the Property, at the request of Staff, in order to showcase the historic attributes of the home and the front porch renovations. Applicant further agreed to modify the original plans to reduce the height of the connection between the existing structure and the addition so as not to detract from the appearance of the historic home, and render the design more acceptable to Staff. Finally,Applicant has agreed to remove a non-historic addition to the rear of house. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Response: Several of the needs of and benefits to the City are set out above. In addition, Applicant asks Council to consider the time and resources already dedicated to this Project by both HPC and the City generally. Both have reviewed the Project several times on different administrative levels, and requiring the Applicant and the City to work through that process again would not be an efficient use of City resources. Further, there do not appear to be any new code provisions or regulations from which the Project is exempted by its prior approvals. Therefore, there is nothing the Applicant is escaping, or that the City is being denied, as a result of the requested extension. The needs of the Applicant in this case have to do with the timing of the expiration of her vested rights. The Applicant is not presently in a position to undertake the construction of this project and needs more time to do so. Based on the foregoing,Applicant meets each of the stated requirements for an extension of vested rights. The grant of an extension will allow the Project to proceed as planned once the Applicant is able to resubmit her building plans to obtain the necessary building permit. This will result in the preservation and renovation of an example of a rare Victorian brick home in the downtown area, and will highlight the historic aspects of the home for the benefit of the City's character,preservation program, and its visitors and resid s. T, G r� pplicant requests the grant of the requested extension of vested rights. ,,, -_ Rl OCT 3 0 2013 (;I-Ty OF ASPEN y COmmU DEVELO ENT City of Aspen City Council October 28, 2013 Page 5 of 5 Thank you for your consideration of this application. Sincerely, KLEIN, COTE & EDWARDS, LLC By: ^' ~' rbert S. Klein R OCT 3 0 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT 0 ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: Lexie Brockway Potamkin Location: 110 E. Bleeker St. Aspen, CO 81611 (Indicate street address, lot& block number, legal description where appropriate) Parcel ID#(REQUIRED) 273512437006 APPLICANT: Name: Lexie Brockway Potamkin Address: 7714 Fischer Island Dr. , Fisher Island,FL 33109-0966 Phone#: REPRESENTATIVE: Name: Herbert S. Klein,Klein, Cote& Edwards,LLC Address: 101 S. Mill St., Ste. 200,Aspen, CO 81611 Phone#: 970 925 8700 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(& SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ® Other:Extension of Vested Rights ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.) Previously approved renovation and expansion of existing historic brick Victorian in downtown area. PROPOSAL: (description of proposed buildings, uses,modifications,etc.) Three year extension of vested right to complete project as previously approved Have you attached the following? FEES DUE: $13 ❑X Pre-Application Conference Summary ® Attachment#1, Signed Fee Agreement OCT 3 0 2013 ❑ Response to Attachment#3,Dimensional Requirements Form ❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to RevARDVELOPMENT sASPENF-13-D Model for large project All plans that are larger than 8.5"X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. Pe 006 '. Zo t _ RS 1 U1 e+ac4c-ter-- s`7 P (;r, _:E3),�I q Lt CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN(hereinafter CITY)and Lexie Brockway Potamkin (hereinafter APPLICANT)AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for Extension of Vested Rights to complete previously approved renovation of historic brick Victorian located at 110 E.Bleeker St.in Aspen(hereinafter,THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/of City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. '. 5. Therefore,APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ 1300 which is for four hours of Community Development staff time,and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above,including post approval review at a rate of$325.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pkv such accrued costs shall be grounds for suspension of processing, and. in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT - By: Chris Bendon Community Development Director Date: --7,9-1,5 Billing Address and Telephone Number: F70-92 S 7G 7 . I VED OCT 3 0 2013 CITMMU ITy DEVELOPMENT ©C'.1 ' ` i •� d i1 ♦ ; A cYAb■ 1� ter. �rw �f �1: �' Jia]E21 , "-'a i � ,�,- ;�17CC4 #`,• Q �,,� r �r tt fa r �� d •t' 11,1 Y. iY ��A �� �1 r h' COMMUNITY DMLOPMENT LEXIE BROCKWAY POTAMKIN 7714 Fischer Island Dr. Fisher Island,FL 33109-0966 October 28,2103 Amy Simon Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen,CO 81611 Re: Application for Extension of Vested Rights for Historic Renovation at 110 E. Bleeker St.,Aspen Project,Parcel ID Number 273512437006 ("the Project"). Dear Amy. This letter will confirm that Herbert S. Klein and the other attorneys at Klein,Cot6 &Edwards,LLC, are authorized to represent me as the owner of the above described property in filing and processing a land use application seeking an Extension of Vested Rights and all land use matters related thereto. If you have any questions,please feel free to contact me at the address above. Lexie Brockway Potamkin I OCT 3 0 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT 0 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, 429.2758 DATE: 10/11/2013 PROJECT: 110 E. Bleeker REPRESENTATIVE: Herb Klein DESCRIPTION: The applicant would like to extend vested rights for a project that received HPC approval through Resolution #33, Series of 2004. Council has previously granted 2 three year extensions by approving Resolution #95, Series of 2007, and Resolution #15, Series of 2011. The applicant must apply for a building permit by December 9, 2013. After that date, the current land use regulations become applicable to the project, unless an extension of vested rights is granted. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.308 Vested Rights A link to the Municipal Code is here: http:/1www.aspenpitkin.com/Departments/Clerk/Municipal-Code/ A link to the Land Use Application form is here: http://www.aspen pitki n.com/PortaIs70/docs/City/Comdev/Apps%20and%2OFees/2013%20land %20use%20app`%20form.pdf Review by: Staff for complete application and recommendation, Council for decision Public Hearing: Yes Planning Fees: $1,300 for up to 4 billable hours. Lesser/additional hours will be refunded or billed at a rate of$325 per hour. Referral Fees: None OCT 302013 Total Deposit: $1,300 Total Number of Application Copies: 12 CITY 01= ASPEN COMMUNITY DEVELOPMENT 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. 4. Disclosure of ownership, 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. 5. Completed Land Use Application. 6. Signed fee agreement. 7. Pre-application Conference Summary. 8. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 9. A written explanation of how the request complies with the review standards relevant to extension of vested rights. 10.Copies of prior approval. 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 h m r m not be accurate. The summa does not create a legal or vested right. that may o may summary g g RKOVEOL) OCT 3 0 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT RESOLUTION NO. ' (Series of 2007) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3)' YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY HPC RESOLUTION NO.33,SERIES OF 2004(ASAMENDED)FOR THE PROPERTY LOCATED AT 110 E. BLEEKER STREET, LOTS L AND M,BLOCK 65, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,COLORADO. Parcel No. 2735-124-37-006 WHEREAS, the Community Development Department received an application from Lexie Brockway; Potamkin, represented by Eben Klein of Klein, Cot6 & Edwards, LLC, requesting approval of a three (3) year extension of the vested rights granted for the project approved by HPC Resolution No. 33, Series of 2004 (as amended); and WHEREAS, the applicant submitted the application for extension of vested property rights on August 14, 2007 before the vested rights expired; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and.a resolution is adopted; and, WHEREAS,the Community Development Director has reviewed the application and recommended approval of a three (3) year extension of vested rights for 110 E. Bleeker Street; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for 110 E. Bleeker Street under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation.of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal; with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety,and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1 The Aspen City Council does hereby approve a three (3) year extension of vested rights for the 110 E. Bleeker project as was originally approved by HPC Resolution No.33, Series of 2004 (and later amended with regard to setbacks by HPC Resolution No. 8, 2007) establishing a new expiration date of December 8, 2010, with the following condition: 1. That, should the existing building permit application expire, the establishment herein of a vested property right shall not preclude a new building permit from the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing; electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, 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. Section 3• This Resolution shall not affect 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 conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence,clause, phrase, or portion of this Resolution 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 duly noticed public hearing on this Resolution was held on the 12th day of November, 2007 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen,Colorado. FI LLY, adopted, passed, and approved by a to L-� vote on this r3day of= Approved as to form: Approved as to content: John-P. rcester,City Attorney Michael C. Ireland, Ma or Attest: Kathryn S. Kqfh,City Clerk ............ �. • Continued Meeting Aspen City Council November 13, 2007 Mayor Ireland moved to deny the subdivision application; seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Romero,no; Mayor Ireland, yes. Motion carried. RESOLUTION#95, SERIES OF 2007—Extension of vested rights Councilman Skadron joined the meeting. Eban Clark, representing the applicant, stated they are requesting an extension of vested rights in order to continue a restoration and remodel on an existing historic Victorian, house which has been classified as a nice example of the era. The project has been reviewed 3 times by HPC and approved on all 3 occasions including a side yard variation. Clark told Council the applicants have discovered,the garage on the northeast corner of the alley encroaches on the neighbor's property. Clark said they have been working on this issue with staff and to resolve the boundary issue. Chris Bendon, community development department, told Council staff supports the request as the applicant is attempting to resolve logistic and legal issues. Bendon said this is a good project and has obtained HPC approvals for the restoration and remodel. Bendon told Council the original vesting is 3 years and this is a request for 3 additional years. Mayor Ireland moved to approve Resolution #95, Series of 2007; seconded.by Councilman Romero. All in favor,motion carried. Councilman Romero moved to adjourn at 7:05 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Kar.koch, City Clerk 6 Resolution No. 1 (Series of 2011) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3) YEAR EXTENSION OF THE VESTED PROPERTY RIGHTS GRANTED BY HPC RESOLUTION NO.33,SERIES OF 2004 (AS AMENDED) AND SUBSEQUENTLY EXTENDED THROUGH ASPEN CITY COUNCIL RESOLUTION NO. 95, SERIES OF 2007 FOR THE PROPERTY LOCATED AT 110 E.BLEEKER STREET,LOTS L AND M,BLOCK 65, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No.2735-124-37-006 WHEREAS, the Community Development Department received an application from Lexie Brockway Potamkin, represented by Jody Edwards of Klein, Cotd and Edwards, LLC, requesting approval of a three (3) year extension of the vested property rights granted for the project approved by HPC Resolution No. 33, Series of 2004 (as amended and subsequently extended through Aspen City Council Resolution No. 95, Series of 2007;and, WHEREAS, the applicant submitted the application for extension of vested property rights on December 7,2010 before the vested property rights expired; and, WHEREAS, pursuant to Section 26.308.010, Vested Property Rights, of the Land, Use Code, City Council may grant an extension of vested property rights after a public hearing is held and resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three (3) year extension of vested rights for 110 E. Bleeker Street; and, WHEREAS, The Aspen City Council has reviewed and considered the requested extension of vested property rights for 1 10 E. Bleeker Street under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing;and, WHEREAS, the City Council finds that the extension of vested property rights proposal. meets of exceeds all applicable land use standards and that the approval of.the extension of vested property rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN COLORADO,THAT: Section 1: The Aspen City Council does hereby approve a three (3) year extension of vested property rights for the 1 10 E. Bleeker project as was originally approved by HPC Resolution No. 33, Series of 2004 (as amended) and subsequently extended through Aspen City Council Resolution No. 95, Series of 2007 establishing a new expiration date of December 9, 2013. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded; whether in public hearing or documentation presented before the City Council, 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. Section 3• This Resolution shall not affect 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 conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase,or portion of this Resolution 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 duly noticed public hearing on this Resolution was held on the 14th day of February, 2011 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. {Signatures on following page} INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14`h day of February, 2011. Attest: Kathryn S. och, City Clerk Michael C. Ireland, Aayor FINALLY, adopted, passed, and approved by a toc vote on this �8 day of 2011. Attest: Kathryn Nwoch, City Clerkichael C.Alrcla'nd, yor Approved as to form John P. orcester, City Attorney Aspen City Council Regular Meeting February 14,2011 PLANNED UNIT DEVELOPMENT PLAN FOR THE FORMER BMC WEST PROPERTY LOCATED AT 38005 STATE HIGHWAY 82,ASPEN AIRPORT BUSINESS CENTER, BLOCK 1, LOTS 1 AND 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Mayor Ireland said he would like to know the fiscal impacts of the BMC West annexation for the next Council meeting. Councilman Johnson stated he is concerned the city is pushing too much burden on the development community. Councilman Johnson said he would like 3 to 5 examples and would also like public input to better understand what these fees may do to the development community. Councilman Torre said he would like to do a development exercise for Council to go through what these fees mean. Mayor Ireland said in the engineering fees,he does not want fees that cost more to collect than are charged. Councilman.Johnson said he would prefer that the engineering fees are a similar process to that of community development department. Councilman Torre moved to adopt Ordinance#7, Series of 2011 on first reading; seconded by Mayor Ireland. Roll call vote; Councilmembers Romero, yes; Johnson, yes; Skadron, yes; Torre, yes; Mayor Ireland, yes. Mayor Ireland moved to adopt Ordinance #8, Series of 2011, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes; Skadron, yes; Romero, yes; Torre, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to adopt Ordinance 44, Series of 2011, on first reading; seconded by Councilman Torre. Roll call vote; Councilmembers Torre, yes; Skadron, yes; Romero, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to adopt Ordinance #3, Series of 2011 on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes; Johnson, yes; Skadron, yes; Torre, yes; Mayor Ireland, yes. Motion carri4ed. Mayor Ireland moved to adopt Ordinance#5, Series of 2011, on first reading; seconded by Councilman Torre, Roll call vote; Councilmembers Torre, yes; Romero, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to adopt Ordinance#6, Series of 2011, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes; Skadron, yes;Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTON#15, SERIES OF 2011 — Extension of Vested Rights 110 E. Bleeker Street Drew Alexander, community development department, told Council this is a request for a 3 year extension of vested rights. Alexander said this project was previously granted a three year extension in 2007;however, there has been a boundary line dispute involving the historic carriage house at the rear of the property. This dispute took several years and was settled in August 2010..When HFC granted approval,there were 18 conditions attached to the application. 7 Aspen City Council Regular Meeting February 14, 2011 These two issues have kept this project from completion. Alexander told Council the design guidelines have not changed. The existing conditions are still attached to the project. Alexander recommended approval. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to approve Resolution#15, Series of 2011; seconded by Councilman Romero. All in favor, motion carried. Councilman Romero moved to adjourn at 6:40 PM; seconded by Councilman Skadron. All in favor, motion carried. i CtatthrynKoch City Clerk 8 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 o e ing davit of Noti "was ac ow ed d beforee thiseday of , 20 y . I WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE:110 E.SLEEKER-EXTENSION OF VESTED - RIGHTS - _ - �� - NOTICE IS HEREBY GIVEN that a public hearing My Commission expires. will be held on Monday,December 2,2013,at a - meeting to begin at 5:00 p.m.before the Aspen City Council,Council Chambers,City Hall,130 S. Galena St.,Aspen,to consider an application sub- mitted by Lexie Brockway Potamkin,7714 Fisher Island Dr.,Fisher Island,Florida,33109-0966, Notary Public I owner of 110 E.Bleaker Street,Lots L and M, - Block 65,'City and Townsite of Aspen,Colorado, Parcel ID#2735-124-37-006. Council will consider - a three year extension of Vested Rights for an un- TARA built project originally approved by the Historic L. NELSON Preservation Commission in 2004. For further in- - NOTARY P formation,contact Amy Simon at the City of Aspen UBLIC. community Development Department,130 S.Ga-- -STATE OF COLORADO lena St., Aspen, CO, (970) 429.2758, amy.simon@cityofaspen.com. NOTARY ID 20014030017 s/Steven Skadron,Mayor MY COMMISSION EXPIRES 09/25/2017 Aspen City Council CHMENTS AS APPLI * Published in the Aspen Times on November 14, TOA P 2013: November 14,2013. [9706028] l 1 1� * ; 'OSTED 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 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 11 y Bi gjq-0Cp�k-srg t O+S L �pen, CO SC DULED PYLIC HEARING DATE: E'eQm , 20 STATE OF COLORADO ) r County of Pitkin ) vname lease rint I, Z tri ° . 1 (name, P: P, ) being or representinglan;Ap cafYt�o tlie� ity�of Aspen,*Colorado,'hereylpersorially, 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 r:.. ", y:.., +, �,, -' 11 i%,,pap paper of general circulation in the City.of Aspen at least fifteen,(15) days pnor to the public heV.iZg� 1�copyof 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"whidlwas not fess than twenty-two (22) inches wide and twenty-six C.a^''i . (26)4mches Pugh;=and whicih was composed of letters not less than one inch in heiglit4i'Sai'dno'tfce,was posted at least-fifteen(15)days prior to the public hearing m:"and,.wa s-coritinuously'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 Couszty as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o w,ners and governmental agencies so noticed is attached hereto. (Continued on next page) AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 110 E. Bleeker Street, Lots L and M, Block 65,Aspen, CO SCHEDULED PUBLIC HEARING DATE: December 2,2013 STATE OF COLORADO ) ) ' ss. County of Pitkin ) I, Janet A. Haas being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X_ 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 14th day of November, 2013, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X_ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in' Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, 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. Z,11 111/ ature The foregoing "Affidavit of Notice" was acknowledged before me this day of Itffi , 20j_, by `and A Hao 5 WITNESS MY HAND AND OFFICIAL SEAL E[S:TATT:E OSCHET PUBLIC COLORADO My commission expires: 10'aR 11!5 My CummMion Exolres 1012912015 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 100 EAST MAIN STREET LLC 120 EAST MAIN PARTNERS LLC ASPEN COMMUNITY UNITED 133 PROSPECTOR RD#4102 120 E MAIN ST METHODIST CHURCH ASPEN, CO 81611 ASPEN, CO 81611 200 E BLEEKER ST ASPEN, CO 81611 CITY OF ASPEN COLLINS CINDA REV TRUST CRAWFORD RANDALL&ABIGAIL ATTN FINANCE DEPT 42 PARK LN 124 N GARMISCH ST 130 S GALENA ST MINNEAPOLIS, MN 55416 ASPEN, CO 81611 ASPEN, CO 81611 DOMINGUE FAMILY TRUST GARCIA STEVEN J GARMISCH LODGING LLC PO BOX 2293 120 N GARMISCH 110 W MAIN ST WINTER PARK, FL 32790 ASPEN, CO 81611 ASPEN, CO 81611 GORMAN PATRICIA GSW FAMILY INV LP HENRY FREDERICK B TRUST 1426 ROSE GLEN RD PO BOX 2038 100 W HALLAM ST GLADWYNE, PA 19035 WHEELING,WV 26003 ASPEN, CO 81611 HODES ALAN &DEBORAH HOGUET CONSTANCE M JOHNSON RICHARD&MONTAE IMBT 114 N ASPEN ST. 333 E 68TH ST 6820 BRADBURY ASPEN, CO 81611 NEW YORK, NY 10065 DALLAS,TX 75230 KRUMM DONALD PAUL REV TRUST LANDIS CAROLYN MOUNTAIN STATE PROPERTIES LLC PO BOX 874 128 N GARMISCH ST 715 10TH ST SOUTH ASPEN, CO 81612 ASPEN, CO 81611 NAPLES, FL 34102 PARDUBA JIRI PENN PAUL E&SUSAN W ROSE BRANDON 116 N GARMISCH ST 3830 E 79TH ST 625 MT HOPE RD ASPEN, CO 81612 INDIANAPOLIS, IN 46260-3457 WHARTON, NJ 07885 SADLER QUAL PERS RES TRUST#5 50% SARDY HOUSE NEW LLC SEGUIN WILLIAM L&MARILYN 8536 N GOLF DR C/O UNITED REAL ESTATE VENTURES PO BOX 4274 PARADISE VALLEY,AZ 85253 INC 240 CRANDON BLVD#167 ASPEN, CO 81612 KEY BISCAYNE, FL 33149 SPEARS NANCY M WOLKENMUTH EDWARD F JR&STEELE ZATS JULIE PO BOX 2630 JULIANNE BELL REV TRUST 118 N GARMISCH ASPEN, CO 81612 121 W BLEEKER ST ASPEN, CO 81611 ASPEN, CO 81611 PUBLIC NOTICE RE: 110 E. BLEEKER-EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, December 2, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Lexie Brockway Potamkin, 7714 Fisher Island Dr., Fisher Island, Florida, 33109-0966, owner of 110 E. Bleeker Street, Lots L and M, Block 65, City and Townsite of Aspen, Colorado, Parcel ID#2735-124-37-006. Council will consider a three year extension of Vested Rights for an unbuilt project originally approved by the Historic Preservation Commission in 2004. For further information, contact Amy Simon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2758, amy.simon@cityofaspen.com. s/Steven Skadron,Mayor Aspen City Council Published in the Aspen Times on November 14, 2013 City of Aspen Account ,R ,torr# •����� PUBLIC NOTICE Tirne . , r PLIrpose r