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Home My WebLink About#coa.lu.hp.117 Neale Ave.0026.2011.AHPC THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0026.2011.AHPC PARCEL ID NUMBERS 2737 07 53 002 PROJECTS ADDRESS 117 NEALE AVE PLANNER AMY SIMON CASE DESCRIPTION HPC DESIGNATION, LOT SPLIT VARIANCES REPRESENTATIVE JEFFREY SHOAF DATE OF FINAL ACTION 03/08/2015 CLOSED BY. ANGELA SCOREY ON: 3.25.15 Z737 a"7 5 :� no2 002 • 20 It - AMP C-- �� tt3 D a i File Edit Record Navigate Form Reports Format Tab Help fP.. !ump-ENI o F V-'� � � � ► � I Routing Status I Fees. I Fee Summary Marn Actions Attachments _ _. —_. ----.,_--.�--. -.-R -•—,-:,, rr MaiI Routing History Valuation ArchlEng Custom Felds ISub Permits 4 D i Permit type ahpc v Aspen Historic Land Use Permit# 0026.2011 AHPC y j Address 117 NEALE AVE Aptisuite 0 7 City ASPEN State C0 . Zip 81611 ••• i x [r Permit Information Master permit 0 Routing queue aslu07 Applied 10f31l2011 v o Project Status pending Approved I r � y Description HPC DESIGNATION,LOT SPLIT VARIANCES-BENEDICT CABIN SUBDIVISION Issued v j EXEMPTION _ Close ff inal Submitted.JEFFREY SHOW(970)925-4501 Clock Running Days Expires 10l25t2012 . Submitted via Owner Last name SHOAF •• First name I JEFFREY S PO BOX 3123 ASPEN CO 81612 Phone (970)925-4501 Address Applicant i Z Owner is applicant? Q Contractor is applicant? Last name SHOAF I••• First name JEFFREY S PO 803(3123 ASPEN CO 81612 Phone (970)925-4501_ Cust# 25240 Address I I Last name (^• ' First name r � Phone ( ) - Address plays the permit lender's address . _ AspenGold5(server) angelas Edit 1 of 1 GV fit- 55 ell � 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 sliall 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 Jeffrey Shoaf, P.O. Box 3123,Aspen, CO 81612, 970-925-4501. Legal Description and Street Address of Subject Property 117/119 Neale Avenue Lot 2, Amended Shoaf's Waterfall Subdivision, together with the property described on the deed recorded in Book 799 at Page 660, City and Townsite of Aspen, Colorado, PID#2737-073-53-002. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council granted approval for Historic Designation, Historic Landmark Lot Split and creation of Transferable Development Rights. Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions) Aspen City Council Ordinance #2, Series of 2012. Effective Date of Development Order. (Same as date of publication of notice of approval.) March 8, 2012. 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.) March 8, 2015. Issued th's 6th day of arch, 2012 by the City of Aspen Community Development Director. Chris Be don, 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 repre enting 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: 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 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. ' a Signature The foregoin "Affidavit of Notice" was acknowledged before me this day of , 20 L-, by WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Y POf QI�� EVELOPMENT APPROVAL I�sQe•�oap,Q/' - Notice is t ,.by given to the general public of the! °°Itis My commission expires: approval f a site specific development plan,and I R the creation of a vested property right pursuant to C;; M� a tq� he Land Use Code of the City of Aspen and Title 24,Article 68,Colorado Revised Statutes,pertain- ?�+ ing to the following described property:117/119"' Neale Avenue,Lot 2,Amended Shoat's Waterfall Subdivision,together with the property described.__ otar Public on the deed recorded in Book 799 at Page 660, _ Y City and Townsite of Aspen, Colorado, PID#2737-073-53-002. Jeffrey Shoat,P.O.Box' 3123,Aspen,CO 81612,received approval through Aspen City Council Ordinance number 2, series of 2012,for Historic Designation,Historioc' 'on Expires 02912014 Landmark Lot Split and creation of Transferable ATTACHMENTS: Development Rights. The approvals are depicted in the land use application on file with the City of COPY OF THE PUBLICATION Aspen. For further information contact Amy Guth- - rie,at the Aspen Community Development Dept., - 130 S. Galena St,Aspen,Colorado(970) i 429-2758. 1 - s/City of Aspen Publish in The Aspen Times Weekly on March 8, 2011 [7645213] awe... .590766,107/2,3/2 rv , .uceon2.c n 2—.cewey,m our bib I g � C g� - g�ggg � ° �$$8 ■ �p ggC C9■ q a Si H@° Cy C g9�glap JOo pppp e C ��a � � ��56C ! 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Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For a Change in Use for the property located at 117 Neale Avenue, Lot 2, Benedict Cabin Subdivision Exemption, City and Townsite of Aspen, Colorado Parcel ID #2737-073-53-004 APPLICANT: Jeff Shoaf SUBJECT& SITE OF AMENDMENT: 117 Neale Avenue, Lot 2, Benedict Cabin Subdivision Exemption, City and Townsite of Aspen, Colorado SUMMARY: In 1996, Jeffrey Shoaf received approvals to move a historic cabin onto his property at 119 Neale .Avenue. He voluntarily-,made the cabin (117 Neale Avenue) an Accessory Dwelling Unit and received a Conditional Use approval from the Planning and Zoning Commission through-Resolution 430, Series of 1996. At the time of approval, a detached ADU was exempt from floor area up to a maximum of 350 square feet. The Shoaf ADU did receive this exemption, however there was no mandatory occupancy requirement. Aspen City Council Ordinance #2, Series of 2012 approved a Historic Landmark Lot Split for the 117/119 Neale Avenue property. The lot split created two separate parcels, one of which contains the Shoaf residence and one of which contains the historic cabin. The cabin is the only building on Lot 2 and as such, has become a primary, not an accessory structure. An Accessory Dwelling Unit is not permitted on a lot that does not have a primary residential use. -A single family house which is a historic landmark is not required to provide an Accessory Dwelling Unit. The floor area exemption that was allowed in 1996 is no longer needed because, through the lot split, an adequate amount of floor area was allocated to Lot 2 to cover the size of the existing building. It was understood during the City Council review that the historic cabin would no longer serve as an ADU. The deed restriction recorded at Reception #406113 must be removed. This Notice of Approval grants Administrative approval for a Change in Use between two GMQS development categories; Residential Affordable Housing to Residential Free Market as described at Sections 26.470.020 and 26.470.060.3 of the Municipal Code. STAFF EVALUATION: The criterion for granting an Administrative Change in Use approval for a Historic Landmark is listed below. Staff finds that the criterion is met; no more than one,free market unit is being created. 26.470.060.3, Change in use of historic landmark sites and structures. The change of use between the development categories identified in Section 26.470.020, of a property, structure or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free- market residence is created. 4f more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Paragraph 26.470.080.2. The change in amount of development and number of units shall be added and deducted from the respective development ceiling levels established pursuant to Section 26.470.030 but shall not be added or deducted from the respective annual development allotments. DECISION: The Community Development Director finds the Administrative approval of a Change in Use for the historic cabin at 117 Neale Avenue to Residential- Free Market is consistent with the review criterion and thereby, APPROVES the Change in Use. APP VED Y: Chris endon, Date Community Development Director l • RECEPTION#: 589485, 06/01/20at 09:37:05 AM, 1 OF 7, R $41.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #2 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO APPROVING HISTORIC LANDMARK DESIGNATION AND HISTORIC LANDMARK LOT SPLIT AND CREATING TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 117/119 NEALE AVENUE, LOT 2,AMENDED SHOAF'S WATERFALL SUBDIVISION, TOGETHER WITH THE PROPERTY DESCRIBED ON THE DEED RECORDED-IN BOOK 799 AT PAGE 660, CITY AND TOWNSITE OF ASPEN,COLORADO CITY AND TOWNSITE OF ASPEN CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-073-53-002 WHEREAS, the property owner, Jeffrey Shoaf, applied for voluntary Historic Landmark Designation, Historic Landmark Lot Split and creation of Transferable Development Rights (TDRs); and WHEREAS, Section 26.415.050.030.6 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the following criteria: 26.415.030.B. Aspen Victorian Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of Aspen Victorian, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to the criteria described below. When designating a historic district, the majority of the contributing resources in the district shall meet the criteria described below: a. The property or district is deemed significant for its antiquity, in that it contains structures which can be documented as built during the 19`h century, and b. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion; and WHEREAS, for City.Council approval of a Historic Landmark Lot Split, the application shall meet the following requirements: r 26 480 030(A)(2),SUBDIVISION EXEMPTIONS,LOT SPLIT The split of 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: 117/119 Neale Avenue Ordinance#2, Series of 2012 Page 1 of 7 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; 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 26.470.070(B); and 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): 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 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 fora 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 Lo,r SPLIT 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 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. c.) The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Paragraphs 26.415.120.B.1.a, b and c are 117/119 Neale Avenue Ordinance#2, Series of 2012 Page 2 of 7 only permitted on the parcels that will contains an historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel, and 26.415.110(A),BENEFITS Historic landmark lot split. Properties listed on the Aspen Inventory of Historic Landmark Sites and Structures may receive.an exemption from the subdivision and growth management quota system, pursuant to Sections 26.480 and 26.470, allowing owners of designated historic properties to create a second unit in addition to the historic building on their lot through the subdivision of the property. Refer to specific zone district information in Chapter 26.710 for further information. All parcels created through a Historic Landmark lot split shall retain designation on the Aspen Inventory of Historic Sites and Structures; and WHEREAS, Section 26.535.070 of the .Aspen Municipal Code establishes the process for creation for Transferable Development Rights, which shall be approved if City Council determines sufficient evidence exists that the property meets the following criteria: 26.535.070. Review criteria for establishment of a historic . transferable development right. 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. 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. 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. 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. 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. 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 117/119 Neale Avenue Ordinance 42, Series of 2012 Page 3 of 7 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. 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. 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; 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 Designation, Historic Landmark Lot Split and Transferable Development Rights are met, and recommended approval; and WHEREAS, at their regular meeting on January 11, 2012•, the Historic Preservation Commission considered the application for Historic Landmark Designation, Historic Landmark Lot Split, and benefits within their purview, namely an FAR bonus, setback variances and parking variances, found the application_ was consistent with the review standards and unanimously recommended approval by a vote of five to zero (5 to 0), with conditions; 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. 117/119 Neale Avenue Ordinance #2, Series of 2012. Page 4 of 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1: Historic Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby approves Historic Designation for 117/119 Neale Avenue, Lot 2, Amended-Shoaf s Waterfall Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page 660,City and Townsite of Aspen, Colorado. Section 2: Historic Landmark Lot Split Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption for 117/119 Neale Avenue, Lot 2, Amended Shoaf s Waterfall Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page 660, 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 R-15 zone district, except the variances approved by the HPC; and d. Be labeled to indicate that the FAR allowance is as follows: Lot 1 is entitled to 4,200 square feet of Floor Area for a single family house. Lot 2 is entitled to 1,133 square feet of Floor Area for a single family house (which includes a 500 square foot floor-area bonus granted by the HPC). 500 square feet of the Floor Area entitlement can only be used for the creation of two Transferable Development rights (TDRs), which must be severed and sold to an eligible property. e. An easement shall be indicated on Lot 1 for the purpose of creating one parking space dedicated in perpetuity for the use of Lot 2. . The curb cut, driveway and/or parking area on Lot 1 shall meet the City Engineer's requirements for safety. Section 3: Transferable Development Rights At the time of issuance of the TDRs, the owner will record a deed restriction permanently restricting the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a duplex residence plus a 500 square foot FAR bonus awarded by HPC, minus five hundred (500) square feet of floor area that shall be converted into two TDR certificates. 117/119 Neale Avenue Ordinance #2, Series of 2012 Page 5 of 7 Section 4: 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 5: Existine 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 6: 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: 117/119 Neale Avenue, Lot 2, Amended Shoars Waterfall Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page 660,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. 117/119 Neale Avenue Ordinance #2, Series of 2012 Page 6 of 7 i Section 7: Public Hearing A public hearing on the ordinance shall be held on the 27`x' day of February, 2012 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 23`d day of January, 2012. M�icihTaelC. Ireland, Mayor ATT. ST: i Kathryn Koch ity Clerk FINALLY,adopted, passed and approved this 27th day of February 2012. Michael C. Ireland, Mayof ATT ST: Kathryn Koc City Clerk APPROVED AS TO FORM: ames R. True, City Attorney 117/119 Neale Avenue Ordinance 92, Series of 2012 Page 7 of 7 MEMORANDUM TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: Second Reading of Ordinance #2, Series of 2012, 117/119 Neale Avenue Historic Landmark Designation, Historic Landmark Lot Split and Transferable Development Rights DATE: February 27, 2012 SUMMARY: 117/119 Neale Avenue is a 15;000 square foot lot that contains a non- historic single family home and an 1880s era log cabin that. was moved into the City, of Aspen from its original location along Owl Creek Road. The cabin is a voluntarily deed restricted Accessory Dwelling Unit. The owner proposes voluntary landmark designation and a Historic Landmark Lot Split. i There are 3 options available for how the allowable floor area might be distributed on the site. The two development options that are preferred by the owner are incorporated into the ordinance, either of which option could be exercised at a future date. Some of the . development rights may be relocated from the property through*Transferable Development Rights for Historic Landmarks. The existing ADU deed restriction is to be removed from the cabin, which will become a free market home. The applicant's stated goal is to ensure the long-term preservation of the cabin as- is, directing any future development potential towards the lot that contains the non-historic home. HPC reviewed the application on January. 11th and recommended Council approval. STAFF RECOMMENDATION: Staff and HPC recommend Council approve Historic Landmark Designation and Historic Landmark Lot Split. Staff recommends Council allow for the creation of TDRs. APPLICANTS: Jeffrey Shoaf, property owner. 1 PARCEL ID: 2737-073-53-002. ADDRESS: 117/119 Neale Avenue, Lot 2, Amended Shoaf's Waterfall Subdivision, together with the property described on the deed recorded in Book 799 at Page 660, City and Townsite of Aspen, Colorado City and Townsite of Aspen. ZONING: R-15, Moderate Density Residential. HISTORIC DESIGNATION 26.415.030.B. Aspen Victorian Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of Aspen.Victorian, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of.significance. The quality of significance of properties shall be evaluated according to the criteria described below. When designating a historic district, the majority of the contributing resources in the district shall meet the criteria described below: a. The property or district is deemed significant for its antiquity, in that it contains structures which can be documented as built during the 19th century, and b. The property. or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Staff Finding: The log cabin at 117 Neale Avenue was built in the 1880s. The applicant has submitted information about the relocation of this building from Snowmass to the Benedict family's Stillwater Road property in the 1960s, then to Neale Avenue in the 1990s. The cabin has not been designated in the City of Aspen up to this point primarily because it was moved into the City after most of the inventories of Victorian era historic resources were completed. HPC did present an award to the applicant in 1999 for the renovation of the cabin. The historic portion of the building is essentially the log walls that define the original cabin. At the time that the Benedict family rescued the cabin from "demolition by neglect," the roof was already gone. Benedict, and then Jeffrey Shoaf, built a new roof, added a porch, altered some windows, and constructed a small addition on the north side of the building. The cabin is significant for its antiquity. There are very few examples of mining era log cabins remaining in the area. There is no appropriate integrity scoring form to use for this property because the forms that have been created for 19th century residential buildings generally refer to wood frame structures with clapboard siding and Queen Anne related detailing. The scoring form for Rustic buildings refers to structures built in the 201h century. The cabin in question does not have integrity in terms of 2 location or setting given that it was built in Snowmass, in a more rural environment. It does have integrity in the fact that the scale of the building is preserved, the original log walls are preserved and the original craftsmanship is evident. The cabin also has historical association with Fritz Benedict. Benedict's role as a pioneer architect'in postwar Aspen, and as an influential mentor to many designers who arrived here from the 50s and on, is well documented in the research paper "Aspen's Twentieth-Century Architecture: Modernism 1945-1975." Staff and HPC find that criteria A and B are met and support landmark designation. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.120(A). Recent amendments to the code have rendered the latter two code citations inaccurate. Section 26.470.070(C) previously provided for Growth Management exemption of a new home on a Historic Landmark Lot Split parcel. The exemption' is now found at Section 26.470.060. Section 26.415.120(A) refers to appeals of HPC decisions. The correct code citation is . 26.415.110(A), which is procedures for review of Historic Landmark Lot Splits. The relevant_ code sections are addressed below. 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; and Staff Finding: The property is located in a subdivision approved by the City, however there is an exemption from this standard for historic properties. 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); and Staff Finding: The applicant proposes to create two lots. Lot 1, which will contain the existing non-historic house will be 12,762 square feet in size. Lot 2, with the cabin, is proposed to be 3,040 square feet in size. Both conform to the minimum lot size of 3,000 square feet for Historic Landmark Lot Splits. The buildings will not be required to mitigate for affordable housing 3 because they are existing units. The deed restriction that has dedicated the cabin as an ADU since 1998 will be removed. 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): and Staff Finding: The land has not received a subdivision exemption or lot split exemption. 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. Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the , Community Development Department for approval and recordation within 180 days of final land use action. e) Recordation. The subdivision exemption agreement and plat shall be recorded in. the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be a condition of approval. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: No demolition is proposed. g) Maximum potential buildout for the two (2)parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: No more than three units will be developed, as described above. 26.480.030(A)(4),SUBDIVISION EXEMPTIONS,HISTORIC LANDMARK LOT SPLIT S 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-1 SA,RMF or O Zone District. Staff Finding: The subject parcel is 15,802 square feet and is located in the R-15 Zone District. 4 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. Staff Finding: FAR is based on the lot size of the "fathering," i.e. existing parcel. In this case, deductions are required due to the topography of the site. The FAR that remains available after slope calculations is approximately 4,833 square feet. The applicant represents that all FAR will be allocated to the non-historic house on Lot 1, except what is needed to cover the cabin in its existing condition. As a preservation incentive, HPC was asked for, and has approved, a 500 square foot FAR bonus, which fully covers the size of the historic cabin. Typically in a lot split, FAR is divided somewhat proportionately between the two lots. In this case, the applicant does not want to allow for the potential for a future addition to the cabin. Staff finds that this meets the underlying goal of the Historic Landmark Lot Split, which is to remove development pressure from historic buildings. However the FAR that is available for the site cannot be allocated 100% to a single family home on Lot 1, because it will be more FAR than zoning allows. The following page is a summary of the development options for the property. Since First Reading, an Option 3 has been added, for a duplex on Lot 1. The overall FAR is not increased, but instead is divided between three units instead of two. The property size allows for this density. The property owner.prefers Options 1 or 3 (shaded on the attached chart), both of which are accommodated in the proposed plat notes and in the Ordinance. It is likely that some of the allowable FAR will be removed from the site in the form of one or two TDRs. Criteria for creating TDRs are discussed at the end of the memo. 5 117/119 NEALE AVENUE HISTORIC LANDMARK LOT SPLIT ANALYSIS Without designation With designation Option 1 Option 2 Option 3 Lot size 15,802 Lot 1: 12,762. Lot 2: 3,040 Lot 1: 12,762. Lot 2: Lot 1: 12,762. Lot 2: 3,040 3,040 Duplex plus l voluntary 1 single family on Duplex on Lot 1,plus 1 1 single family on each lot, each lotADU required for new Maximum density ADU, 1 mandatory no ADUs required ,no ADUs unit; single family on ADU required Lot 2,no ADU required 4,833 for a duplex,plus 350 square foot ADULot 1 .4,200 for a single Lot 1: 4,083 fora Logi== 4,583;s--uare feet FAR distributionFVA �sY exemption granted in �a�xitlyouso single family house for a_duple 1998 Lot 2 500 sAft�FA bonus grated by HPC to cover,the cabin(ARDIQ �9-10 Lot 2: 500 sq.ft. FAR bonus goes away)�500 bonus.granted by Lot 2` 500 sq ft F[ squar�efeet of.'11"'w' able HPC to cover the bonus granted byC . FAR converted to two �� cabin(ADU bonus to cover the tabu 'TDRS-133 s uare�feet�� r ' q goes away), 750 (O� U bonu"`§'-'g'oes all ow able,FA..left on e`abart sxte,butcan't be square feet of away),250square ft W � allowable FAR of allowable F=A 2 used without HPCidesign �� KA converted to three concerted to one TDR approval Can't be,a�dded TDRS �.. . 5 .. to�house on Lot 1 because the tnax�FAR�for�sin$le faintly on Lot°1'§ts�42 0 4,700on site,S00squ5re 4,583 on site,750 5,083 on st t250 feet ta'bellocateEd square feet to be �� square feet t©be TOTAL FAR 5 183 elsewhere to the form of located elsewhere in , i located elsewhere ui the IDRs 13 square feet" 1 £ the form of TDRS= farmofaTDR 5,333 on",cabin site_:5;33 5,333 z 10'front yard 10' front yard reduction 10' front yard reduction 10'front yard reduction for reduction for cabin, 5' for cabin, 5'sideyard Setback variances for cabin awarded in cabin, 5'sideyard for cabin sideyard for cabin for cabin awarded by 1998 awarded by HPC in 2012 awarded by HPC in HPC in 2012 2012 2 for the single family 2 for the single family 4 for the duplex on Lot house on Lot 1. 1 house on Lot 1. l space 1. 1 space located on 2 for each unit in the space located on Lot Required parking duplex, 1 for each ADU located on Lot 1,dedicated 1,dedicated for the Lot 1,dedicated for the for the use of the cabin on use of the cabin on Lot Lot 2. use of the cabin on 2 Lot 2. 6 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 117/119 Neale Avenue 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. 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. 7 0 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 Historic Landmark Designation and Historic Landmark Lot Split, and the creation of TDRs. CITY MANAGER COMMENTS: 8 PROPOSED MOTION: "I move to adopt Ordinance #2, Series of 2012." Exhibits: Ordinance #2, Series of 2012 A. Application 9 ORDINANCE #2 (Series of 2012) P AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. APPROVING HISTORIC LANDMARK DESIGNATION AND HISTORIC LANDMARK LOT SPLIT AND CREATING TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 117/119 NEALE AVENUE,LOT 2,AMENDED SHOAF'S WATERFALL SUBDIVISION, TOGETHER WITH THE PROPERTY DESCRIBED ON THE DEED RECORDED IN BOOK 799 AT PAGE 660, CITY AND TOWNSITE OF ASPEN, COLORADO CITY AND TOWNSITE OF ASPEN CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-073-53-002 WHEREAS, the property owner, Jeffrey Shoaf, applied for voluntary Historic Landmark Designation, Historic Landmark Lot Split and creation of Transferable Development Rights (TDRs); and WHEREAS, Section 26.415.050.030.13 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from .HPC, determines sufficient evidence exists that the property meets the following criteria: 26.415.030.B. Aspen Victorian Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of Aspen Victorian, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to the criteria described below. When designating a historic district, the majority of the contributing resources in the district shall meet the criteria described below: a. The property or district is deemed significant for its antiquity, in that it contains structures which can be documented.as built during the 19th century, and b. 'The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall meet the following requirements: 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: 117/119 Neale Avenue Ordinance #2, Series of 2012 Page 1 of 8 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; 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 26.470.070(B); and 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): 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 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 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 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. c.) The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Paragraphs 26.415.120.B.La, b and c are 117/119 Neale Avenue Ordinance #2, Series of 2012 Page 2 of 8 only permitted on the parcels that,will contains an historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel, and 26.415.110(A),BENEFITS Historic landmark lot split. Properties listed on the Aspen Inventory of Historic Landmark Sites and Structures may receive an exemption from the subdivision and growth management quota system, pursuant to Sections 26.480 and 26.470, allowing owners of designated historic properties to create a second unit in addition to the historic building on their lot through the subdivision of the property. Refer to specific zone district information in Chapter 26.710 for further information. All parcels created through a Historic Landmark lot split shall retain designation on the Aspen Inventory of Historic Sites and Structures; and WHEREAS, Section 26.535.070 of the Aspen Municipal Code establishes the process for creation for Transferable Development Rights, which shall be approved if City Council determines sufficient evidence exists that the property meets the following criteria: 26.535.070. Review criteria for establishment of a historic transferable development right. 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. 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. 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. 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. 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. 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 117/119 Neale Avenue Ordinance #2, Series of 2012 Page 3 of 8 J 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. , 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. 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; 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 Designation, Historic Landmark Lot Split and Transferable Development Rights are met, and recommended approval; and WHEREAS, at their regular meeting on January 11, 2012, the Historic Preservation Commission considered the application for Historic Landmark Designation, Historic Landmark. Lot Split, and benefits within their purview, namely an FAR bonus, setback variances and parking variances, found the application was consistent with the review 'standards and unanimously recommended approval by a vote of five to zero (5 to 0),with conditions; 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. 117/119 Neale Avenue Ordinance #2, Series of 2012 Page 4 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1: Historic Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby approves Historic Designation for 117/119 Neale Avenue, Lot 2, Amended Shoaf s Waterfall Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page 6.60, City and Townsite of Aspen, Colorado. Section 2: Historic Landmark Lot Split Pursuant to the findings set-forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption for 117/119 Neale Avenue, Lot 2, Amended Shoaf's Waterfall Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page 660, 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 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 R-15 zone district, except the variances approved by the HPC; and d. Be labeled to indicate that the FAR allowance is as follows: Lot 1 is entitled to 4,200 square feet of Floor Area for a single family house or 4,583 square feet of Floor Area for a duplex,pursuant to the provisions of the Aspen Land Use Code in effect at the time of application. In the event that Lot 1 is developed as a single family house, Lot 2 is entitled to 1,133 square feet of Floor Area for a single family house (which includes a 500 square foot floor area bonus granted by the HPC) pursuant to the provisions of the Aspen Land Use Code in effect at the time of.application. 500 square feet of the Floor Area entitlement can only be used for the creation of two Transferable Development rights, which must be severed and sold to an eligible property. In the event that Lot 1 is developed as a duplex, Lot 2 is entitled to 750 square feet of Floor Area for a single family house (which includes a'500 square foot floor area bonus granted by the HPC) pursuant to the provisions of the Aspen Land Use Code in effect at the time of application. 250 square feet of the Floor Area entitlement can only be used for the creation of one Transferable Development right, which must be severed and sold to an eligible property. 117/H9 Neale Avenue Ordinance#2, Series of 2012 Page 5 of 8 e. An easement shall be indicated on Lot 1 for the purpose of creating one parking space dedicated in perpetuity for the use of Lot 2. The curb cut, driveway and/or parking area on Lot 1 shall meet the City Engineer's requirements for safety. Section 3: Transferable Development Rights The owner will record a deed restriction permanently restricting the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a duplex residence plus a 500 square foot FAR bonus awarded by HPC, minus two-hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. Section 4: 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 5: Existing Litigation g 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 6: 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: 117/119 Neale Avenue, Lot 2, Amended Shoafs Waterfall Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page 660, City and Townsite of Aspen, Colorado. 117/119 Neale Avenue Ordinance#2, Series of 2012 Page 6 of 8 O 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. Section 7: Public Hearin A public hearing on the ordinance shall be held on the 27d' day of February, 2012 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 23`d day of January, 2012. Michael C. Ireland,Mayor ATTEST: Kathryn Koch, City Clerk FINALLY,adopted,passed and approved this_day of , 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney 117/119 Neale Avenue Ordinance #2, Series of 2012 Page 7 of 8 117/119 Neale Avenue Ordinance #2, Series of 2012 Page 8 of 8 0 ( ft - oa O ATTACHMENT 2-LAND USE APPLICATION PROJECT: '0 Ai Name: �l 1 ' rX Location: I r f (Indicate street address, lot&block number,legal description-where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: Address: ® r Z Phone#: q:T:o I 4f C REPRESENTATIVE: Name: RAMI Address: Phone#: 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/ Expansio (f ❑ Residential Design Variance E] Lot Line Adjustment Other:` '(gkVIP/ ❑ Conditional Use $s 'OLA, W ' EXISTING CONDITI NS: (description of existing buildings,uses,previous approvals,etc. 1101'��C PROPOSAL: (description of proposed buildirigs,uses,modificatio s,etc. Have yiTu attached the following? FEES DUE: $ 1.Lt 0 D ❑ Pre-Application Conference Summary ❑- Attachment#1, Signed Fee Agreement ❑ Response to Attachment#3,Dimensional Requirements Form ❑. Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards ❑ 3-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. X.,FINITY Connect • . Page 2 of 3 From:jeffshoaf@comcast.net To:"jeffshoaf'<jeffshoaf@com cast.net> Sent:Wednesday,October 19,2011 8:05:56 PM Subject: Benedict Cabin History October 31, 2011 attention: Amy Guthrie "THE BENEDICT CABIN HISTORY", updated and with additional paragraph 117 Neale Avenue,Aspen According to Jens Christianson,who was very familiar with the cabin and lived on Owl Creek Road for most of his 90 plus years only a couple of miles from the original cabin site (which is where the Snowmass Timbers Club is now,at the bottom the Elk Camp Lifts), the"Benedict Cabin"was originally built in the 1800's by a Scandinavian woodsman and trapper,who was locally well known as an excellent cabin builder and overall craftsman. Back in the 1990's, I told Jens about my plans to acquire and move the cabin from the Benedict's Stillwater Road land to my property across Neale Avenue from No Problem Joe's historic home site: When we talked about the 1886 newspaper article that was still attached to one of the logs inside,Jens was not surprised, and just nodded his head and smiled his approval! In the early 1970's, Fritz and Fabi Benedict decided that the cabin was architecturally and historically too valuable to just let go to waste or be turned into firewood like so many other beautiful and historic cabins of the valley,and it was clearly in the path of future development where it was. By then,there was no roof on the cabin as evidenced by a 1973 photograph, and the exterior,hand hewed log walls were falling in on each other and the place was heading downhill fast! The Benedicts decided something•had to be done to save the cabin as an example of 1880's era local architecture and construction. They came up with the idea of disassembling and moving the cabin to their vacant Stillwater Road property on the river near the old gravel pits in East Aspen,to be.rebuilt and preserved there. Their original idea as I was told was to rebuild the cabin for the use of their daughter,Jessica. Unfortunately,when the cabin project was nearly complete,the Benedict's Cabin got"red tagged"by the building department for reasons I do not know and was never completely finished. In spite of the fact that the exterior logs were fully chinked and finished,the front porch beautifully designed and built,the windows and doors were all installed and completed,and the wood shingled roof and fish scale accents were finished, ....and the entire cabin was basically "weather tight"and ready to go, it was still red tagged. Even though there was a dishwasher and sink in the kitchen section and a modern bathroom downstairs,I do not believe the cabin was ever fully operational. The cabin did remain very functional and served various purposes over the years,including finally being the Resnick's construction headquarters during the building of their new.home,.in addition to being a quaint, local delight to all who came down Stillwater Road and admired it! Fritz and Fabi sold the underlying property, including the cabin to the Stewart Resnicks,who proceeded to build their lovely 2nd home past the cabin site. Unfortunately for them,they used all their allowable floor area on the new house,and even though they wanted to keep the cabin, if at all possible,they were not allowed to do so and_had to have the cabin removed from their property for zoning purposes. This set of circumstances led to me acquiring the cabin from the Resnicks by way of a sealed bid auction. My purpose in acquiring the cabin was always to be as faithful as possible in reconstructing the cabin on my Neale Avenue property true to the Benedict's classic,original design and their preservation intentions. Through research, I was even able to learn who had helped rebuilt the cabin for Fritz in the early 1970's,and I was able to hire the same old time local builder, namely Bill Knight, that the Benedicts had used back then to help rebuild the cabin on my property! ...... Bill was naturally excited about the opportunity to work on the new reconstruction of the historic cabin for a second time....only 25 years later than the 1st time;and with historic designation hopefully being granted,we hope for the last time! In addition to the original logs,we salvaged as much as we could from the Stillwater cabin site, including the original cypress barn wood,vertical siding that the Benedicts had used and is still in place on the north end of the cabin, just like Fritz had done it! The original "fish scale Victorian accent shingles were likewise reused as Fritz had and we even matched the cabin's new chinking to exactly Fritz.s chosen color and had hardwood floors installed like his on the porch and inside.. In 1998 and 1999,we did our very best to reconstruct the cabin in it's present location on Neale Avenue true to what Fritz and Fabi had envisioned and built on Stillwater. A significant part of the end result now in place is that the cabin's most visibly important, east facing, Neale Avenue exposure with the porch is almost identical to what the Benedicts originally designed and built on Stillwater, also facing the street! Elsewhere; the cabin's reconstruction underwent only minor changes that were made primarily to accommodate the new orientation and siting at the present Neale Avenue location. In addition to the above historic features maintained,we also only used authentic„City of Aspen acquired 100 year old mall bricks for the access sidewalk,entryway and the front porch step. An authentic Victorian design,wooden picket fence,with entry.gate has been installed,and authentic,antique light fixtures,and 100 plus year old.beams further enhanced the overall curb appeal from Neale Avenue, which was very important to us. Additionally,the smaller scale of the cabin contributes significantly to the present overall positive,historic Neale Avenue neighborhood experience,especially in these times of big and bigger house being built all the time! I hope to see,that through the powers and wisdom of"Historic 1 Designation",the cabin will always remain where it is now and true to the Benedict vision . . In conclusion,and as a part of my Land Use Application,and as per Amy's request, I want to,state what I am doing regarding: 1) the FAR of the Benedict Cabin and spell out my intentions to restrict any future additions,remodeling or expanding of the current Cabin, and 2)what I would be asking the HPC to provide for me as additional benefits for me taking on historic designation for the Cabin. Firstly,my intention is to limit the Benedict Cabin in the future to its current size and-footprint on the newly created lot#2, Benedict Cabin Subdivision Exemption plat,which is true to the Benedict's original vision. Secondly, I would ask HPC to grant!ne a 500 square foot FAR.bonus,to be applied to the larger lot#1 where my current house is located., Additionally,any unused FAR•from the Cabin..' lot#2, not used by the current cabin "as is",shall also be transferred and credited to the larger lot#1 for any future use or httn-//x70074-ev-mall.comeast.net/zimbra/h/i)rintmessaf4e?id=286430&xim=l 10/31/2011 XFIMTY Connect • Page 3 of 3 redevelopment on lot#1. It also appears that I will need setback and parking variances on lot#2 as well as per Amy. Finally,if at all possible,I would ask for an exemption from having to either build an ADU or pay cash in lieu with the future redevelopment of my current house on lot#1;in light of the fact that the Cabin was originally approved and built as an ADU with few restrictions,and basically continues to functions the same. ,Thank you for reviewing these matters and I sincerely look forward to working with you all. Jeffrey S. Shoaf Jeffrey Shoaf Aspen Realty Exchange 119 Neale Ave ' jeffshoaf@comcast.net 970 925-4501 Office 970 948-3129 Cell http://sz0074.ev.mall.comeast.net/zimbra/h/printmessage?id=286430&xim=l 10/31/2011 Amy Guthrie From: jeffshoaf@comcast.net Sent: Wednesday, October 26, 2011 4:02 PM To: . Amy Guthrie Subject: , Fwd: Benedict Cabin History; Jessica Benedict's responce! Amy, I have just received this email from Jessica Bennedict. Please note the correction and please forward this to the commission. See you here shortly at the cabin. Feel free to park in the. driveway just North of the cabin, away from the ski hill. Thanks again for your help and I did go to the website for"tonight's agenda. See you soon., Jeff Jeffrey Shoaf Aspen Realty Exchange 119 Neale Ave - jeffshoaf(a--)comcast.net 970 925-4501 Office 970 948-3129 Cell From: "JGordon <jgordon@theranch.net> To: jeffshoaf@comcast.net Sent: Wednesday, October 26, 2011 3:35:55 PM Subject: Re: Benedict Cabin History Jeffrey, Your "history" looks good with one small change. Fritz was still alive when the property was sold to the Resnicks. I have looked through my photos here at the house and have been unable to find the "cabin" photo. It is possible that it is in a file in the storage,barn'which is too difficult to get to today with the recent snow. I will put it on my "to do" list and look for it when the weather clears. I have included a short letter of encouragement on your quest to designate the cabin as historical. I consider it a very worthwhile project and wish you luck this afternoon at the meeting. Sincerely. Jessica Benedict-Gordon Dear Amy and the HPC, I am-writing you in support of Jeffrey Shoafs proposal to designate the "Benedict Cabin" as an historical building to be placed on the City of Aspen's historic registry. I believe Jeffery has'spent time and money to insure that the cabin retained it's authentic character. 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IN '7f A f 1 N SLIBDIVISioN EXEMP-if]ON ;w X"N o;o ausx ..sort URBAN SLIGHT CONDOMINIUH t � �\ \ \ \\\ i� � , � �[':: rw<,nrsacm sox na.wm.sm,r rx,oxsw n.xr was ,a o \ \t ,�` \\\ \ �\\\ '\ dye �x>a c r s��' 'oc w - A rRr.mn x sart�rtsrn p,naan un tp� '. 7.=77 -,Zv QV XI LOT I m"C.0 .9 X ......................... -—--——---------- ,�T 2 � 2 ao 1.W1. y. LOT I AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRES OF PROPERTY: I/ G ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: P-lone +.eao 1:7ory,. , 2012 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 1 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) a days prior to the public hearing. A copy of the,publication is attached hereto. d Posting of notice: By posting of notice;wli'ch.forrnwas obtained from the Community Development Department, whichwas imade 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) 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 day of 20L2,by vti, �. Sc of-e-� '�-PUBLIC NOTICE RE: 1171119 ,ALE AVENUE-HISTORIC `LANDMARK' ESIGNATION, HISTORIC LANDMARK L T SPLIT AND CREATION OF _- WITNESS MY HAND AND OFFICIAL SEAL �'� D TRANSFERABIfE DEVELOPMENT RIGHTS ` �� NOTICE IS HEREBY GIVEN that a public hearing `",••'• %. will be held orfMonday,February 27,2012 at a .!tom;: y commission expires: meeting to begin at 5:00 p.m.before the Aspen •••S City Council,City Council Chambers,City Hall,130 S.Galena St.,Aspen,to consider an application affecting the property located at 117/119 Neale Av- `O O enue,Lot 2,Amended Shoal's Waterfall Subdivi- sion,together with the property described on the ,rC�Q' deed recorded in Book 799 at Page 660,City a is Public .Townsite of Aspen,Colorado.The app s y~'•a„••w�..••'f submitted by Jeffrey Shoal,owner,P.O.Box 3123, T Q� ”`J Aspen,CO 81612 who proposes voluntary land- T�OF C mark designation and a historic landmark lot split to separate the existing primary home and adjacent . log cabin onto two separate parcels of land. Some of the development that would be allowed on the property is to be converted into Transferable De- velopment Rights,to be used elsewhere in the City. For further information,contact Amy Guthrie at the City of Aspen Community Development Depart- it 4ment29.2 8,j S.Galena St.,Aspen,CO,(970) i ATTACHMENTS AS APPLICABLE: 429-2758,amguthrie@ci as co us. s/Mavor MC.Ireland THE PUBLICATION Aspen ichael Ctty Council . Published in the Aspen Times Weekly on February I,APH OF THE POSTED NOTICE (SIGN) 9,20,2. `754°296' HE OWNERS AND GOVERNMENT AGENGIES NOTIED February 9-15 2012 I CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 LICN`C1� ��`' E r DATE 7 2— TIME ' 00 V' PLACES PURPOSE v"u wi Vili(t"L �v a� 1� c a� �Inis4�y�ula� �wk awvTs p� F dLC 46oX3123 ,db , FO A ER INFO An CONTACT'. THE CITY OF ASPEN PlA�NTNG 0EPARTM /O 130 S NA ST ASPEN CO (970 92"090- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF rROPERTY l - Aspen,CO SCHEDULED VUBLIC HEARING DATE: z , 206� STATE OF COLORADO ). ss. County of Pitkin04 ) I name pleaseprint) being or representing an A plicant 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 ys 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-1 day of 2001,, to and including the date and time of the p blic 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) r 0 Mineral Estate Owner Notice. By the certified mailing of notice,return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses-of mineral estate owners shall be those on the current tax.records of Pitkin County. At.a.minimum,_Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen 5 days prior to the public hearing on 7ndments. Signatur The foregoing"Affidavit of Notice"was acknowledged be ore me this?day of ��r�w , 200 it,by 73ereky �,l•, ,r WITNESS MY HAND AND OFFICIAL SEAL aaY..pv �.• �� My commission a es. ►a id f 5 O. ;� � JEREMY : = WEIR . 0-O c Notary ub �,c F pF C��4 04 f acC ^f• ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL A GENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 i M i MEMORANDUM TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer��Wj RE: First Reading of Ordinance #_�Series of 2012, 117/119 Neale Avenue Historic Landmark Designation, Historic Landmark Lot Split and Transferable Development Rights DATE: January 23, 2012 SUMMARY: 117/119 Neale Avenue is a 15,000 square foot lot that contains a non- historic single family home and an 1880s era log cabin that was moved into the City of Aspen from its original location along Owl Creek Road. The cabin is a voluntarily deed restricted Accessory Dwelling Unit. The owner proposes voluntary landmark designation and a Historic Landmark Lot Split. Some of the development rights may be removed from the property through Transferable Development Rights for Historic Landmarks. The existing ADU deed restriction is to be removed from the cabin, which will become a free market home. The applicant's stated goal is to ensure the long-term preservation of the cabin as- is, directing any future development potential towards the lot that contains the non-historic home. HPC reviewed the application on January 11th and recommended Council approval. STAFF RECOMMENDATION: Staff and HPC recommend Council approve Historic Landmark Designation and Historic Landmark Lot Split. Staff recommends Council allow for the creation of TDRs. APPLICANTS: Jeffrey Shoaf, property owner. PARCEL ID: 2737-073-53-002. 1 HISTORIC DESIGNATION 26.415.030.B. Aspen Victorian Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of Aspen Victorian, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to the criteria described below. When designating a historic district, the majority of the contributing resources in the district shall meet the criteria described below: a. The property or district is deemed significant for its antiquity, in that it contains structures which can be documented as built during the 19th century, and b. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Staff Finding: The log cabin at 117 Neale Avenue was built in the 1880s. The applicant has submitted information about the relocation of this building from Snowmass to the Benedict family's Stillwater Road property in the 1960s, then to Neale Avenue in the 1990s. The cabin has not been designated in the City of Aspen up to this point primarily because it was moved into the City after most of the inventories of Victorian era historic resources were completed. HPC did present an award to the applicant in 1999 for the renovation of the cabin. The historic portion of the building is essentially the log walls that define the original cabin. At the time that the Benedict family rescued the cabin from "demolition by neglect," the roof was already gone. Benedict, and then Jeffrey Shoaf, built a new roof, added a porch, altered some windows, and constructed a small addition on the north side of the building. The cabin is significant for its antiquity. There are very few examples of mining era log cabins remaining in the area. There is no appropriate integrity scoring form to use for this property because the forms that have been created for 19th century residential buildings generally refer to structures that have wood siding and Queen Anne related detailing. The scoring form for Rustic buildings refers to structures built in the 20th century. The cabin in question does not have integrity in terms of location or setting given that it was built in Snowmass, in a more rural environment. It does have integrity in the fact that the scale of the building is.preserved, the original log walls are preserved and the original craftsmanship is evident. The cabin also has historical association with Fritz Benedict. Benedict's role as a pioneer architect in postwar Aspen, and as an influential mentor to many designers who arrived here from 2 the 50s and on, is well documented in the research paper "Aspen's Twentieth-Century Architecture: Modernism 1945-1975." Staff and HPC find that criteria A and B are met and support landmark designation. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section' 26.415.120(A). Recent amendments to the code have rendered the latter two code citations inaccurate. Section 26.470.070(C) previously provided for Growth Management exemption of a new home on a Historic Landmark Lot Split parcel. The exemption is now found at Section 26.470.060. Section 26.415.120(A) refers to appeals of HPC decisions. The correct code citation is 26.415.110(A), which is procedures for review of Historic Landmark Lot Splits. The relevant code sections are addressed below. 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; and Staff Finding: The property is located in a subdivision approved by the City, however there is an exemption from this standard for historic properties. 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); and Staff Finding: The applicant proposes to create two lots. Lot 1, which will contain the existing non-historic house will be 12,762 square feet in size. Lot 2, with the cabin, is proposed to be 3,040 square feet in size. Both conform to the minimum lot size of 3,000 square feet for Historic Landmark Lot Splits. The buildings will not be, required to mitigate for affordable housing because they are existing units. The deed restriction that has dedicated the cabin as an ADU since 1998 will be removed. 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)(])(a): and Staff Finding: The land has not received a subdivision exemption or lot split exemption. 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. Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. e) Recordation. The subdivision exemption-agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder.. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be a condition of approval. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: No demolition is proposed. g) Maximum potential buildout for the two (2)parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: A total of two units are planned for this property. 26.480.030(A)(4),SUBDIVISION EXEMPTIONS,HISTORIC LANDMARK LOT SPLIT 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 O Zone District. Staff Finding: The subject parcel is 15,017 square feet and is located in the R-15 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. ;4 Staff Finding: FAR is based on the lot size of the "fathering," i.e. existing parcel. In this case, deductions are required due to the topography of the site. The FAR that remains available after slope calculations is approximately 4,833 square feet. The applicant represents that all FAR will be allocated to the non-historic house on Lot 1, except what is needed to cover the cabin in its existing condition. As a preservation incentive, HPC was asked for, and has approved, a 500 square foot FAR bonus, which fully covers the size of the historic cabin. Typically in a lot split, FAR is divided somewhat proportionately between the two lots. In this case, the applicant does not want to allow for the potential for a future addition to the cabin. Staff finds that this meets the underlying goal of the Historic Landmark Lot Split, which is to remove development pressure from historic buildings. However the FAR that is available for the site cannot be allocated 100% to the non-historic home because it will be more FAR than zoning allows for Lot 1. The following page is a summary of the development options for the property. The applicant must determine whether Option 1 or Option 2 is preferred by the time of Second Reading. It is likely that some of the allowable FAR will be removed from the site in the form of two or three TDRs. Criteria for creating TDRs are discussed at the end of the memo. 5 117/119 NEALE AVENUE HISTORIC LANDMARK LOT SPLIT ANALYSIS Without With designation designation Option 1 Option 2 Lot size 15,017 Lot 1: 12,762. Lot 2: 3,040 Lot 1: 12,762. Lot 2: 3,040 Maximum density Duplex plus 1 1 single family on each 1 single family on each voluntary ADU, 1 lot, no ADUs required lot, no ADUs required mandatory ADU FAR distribution 4,833 for a duplex, Lot 1: 4,200 Lot 1: 4,083 plus 350 square foot ADU exemption granted in 1998 Lot 2: 500 sq.ft.FAR Lot 2: 500 sq.ft. FAR bonus granted by HPC to bonus granted by HPC to cover the cabin (ADU cover the cabin (ADU bonus goes away), 500 bonus goes away), 750 . square feet of allowable square feet of allowable FAR converted to two FAR converted to three TDRS, 133 square feet of TDRS allowable FAR unusable (can't be added to cabin due to applicant representation that no addition will be made. Can't be added to house on Lot 1 because the max. FAR for Lot 1 is 4,200 TOTAL FAR 5,183 4,700 on site, 500 square 4,583 on site, 750 square , feet to be located feet to be located elsewhere in the form of elsewhere in the form of TDRs= 5,200 TDRS= 5,333 Setback variances 10' front yard 10' front yard reduction for 10' front yard reduction for reduction for cabin cabin, 5' sideyard for cabin cabin, 5' sideyard for cabin awarded in 1998 awarded by HPC in 2012 awarded by HPC in 2012 Required parking 2 for each unit in the 2 for the single family 2 for the single family duplex, 1 for each house on Lot 1. 1 space house on Lot 1. 1 space ADU located on Lot 1, dedicated located on Lot 1, dedicated for the use of the cabin on for the use of the cabin on Lot 2. Lot 2. 6 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 117/119 Neale Avenue 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. 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. 7 1 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 Historic Landmark. Designation and Historic Landmark Lot Split, and the creation of TDRs. CITY MANAGER COMMENTS: 8 • 0 PROPOSED MOTION: "I move to approve Ordinance# Series of 2012, on First Reading." Exhibits: ' , Ordinance#,A Series of 2012 A. Application 9 • s ORDINANCE #_ (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING HISTORIC LANDMARK DESIGNATION AND HISTORIC LANDMARK LOT SPLIT AND CREATING TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 117/119 NEALE AVENUE, LOT 2,AMENDED SHOAF'S WATERFALL SUBDIVISION, TOGETHER WITH THE PROPERTY DESCRIBED ON THE DEED RECORDED-IN BOOK 799 AT PAGE 660, CITY AND TOWNSITE OF ASPEN, COLORADO CITY AND TOWNSITE OF ASPEN CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-073-53-002 WHEREAS, the property owner, Jeffrey Shoaf, applied for voluntary Historic Landmark Designation, Historic Landmark Lot Split and creation of Transferable Development Rights (TDRs); and WHEREAS, Section 26.415.050.030.13 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets.the following criteria: 26.415.030.B. Aspen Victorian Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of Aspen Victorian, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to the criteria described below. When designating a historic district, the majority of the contributing resources in the district shall meet the criteria described below: a. The property or district is deemed significant for its antiquity, in that it contains structures which can be documented as built during the 19th century, and b. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall meet the following requirements: 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: 117/119 Neale Avenue Ordinance #_, Series of 2012 Page 1 of 7 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; 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 26.470.070(B); and 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): 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 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 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 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. c.) The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Paragraphs 26.415.120.B.1.a, b and c are 117/119 Neale Avenue Ordinance # , Series of 2012 Page 2 of 7 only permitted on the parcels that will contains an historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel, and 26.415.110(A),BENEFITS Historic landmark lot split. Properties listed on the Aspen Inventory of Historic Landmark Sites and Structures may receive an exemption from the subdivision and growth management quota system, pursuant to Sections 26.480 and 26.470, allowing owners of designated historic properties to create a second unit in addition to the historic building on their lot through the subdivision of the property. Refer to specific zone district information in Chapter 26.710 for further information. All parcels created through a Historic Landmark lot split shall retain designation on the Aspen Inventory of Historic Sites and Structures; and WHEREAS, Section 26.535.070 of the Aspen Municipal Code establishes the process for creation for Transferable Development Rights, which shall be approved if City Council determines sufficient evidence exists that the property meets the following criteria: 26.535.070. Review criteria for establishment of a historic transferable development right. 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. 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. 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. 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. 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. 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 117/119 Neale Avenue Ordinance # Series of 2012 Page 3 of 7 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. 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. 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;.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 Designation, Historic Landmark Lot Split and Transferable Development Rights are met, and recommended approval; and WHEREAS, at their regular meeting on January 11, 2012, the Historic Preservation Commission considered the application for Historic Landmark Designation, Historic Landmark Lot Split, and benefits within their purview, namely an FAR bonus, setback variances and parking variances, found the application was consistent with the review standards and unanimously recommended approval by a vote of five to zero (5 to 0), with conditions; 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. 117/119 Neale Avenue Ordinance # Series of 2012 Page 4 of 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1: Historic Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby approves Historic Designation for 117/119 Neale Avenue, Lot 2, Amended Shoaf s Waterfall Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page 660, City and Townsite of Aspen, Colorado. Section 2:Historic Landmark Lot Split Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption for 117/119 Neale Avenue, Lot 2, Amended Shoaf s Waterfall Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page 660, 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 R-15 zone district, except the variances approved by the HPC; and .d. Be labeled to indicate that this proposal will create Lot 1 of 12,762 square feet in size with _ square feet of floor area, and a Lot 2 of 3,040 square feet in size with . square feet of floor area, plus _ square feet available to be used for TDRs. No more than 500 square feet of FAR may be allocated to development on Lot 2. e. An easement shall be indicated on Lot 1 for the purpose'of creating one parking space dedicated in perpetuity for the use of Lot 2. The curb cut, driveway and/or parking area on Lot 1 shall meet the City Engineer's requirements for safety. Section 3: Transferable Development Rights The owner will record a deed restriction permanently restricting the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a duplex residence plus a 500 square foot FAR bonus awarded by HPC, minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. Section 4: 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 117/119 Neale Avenue Ordinance #_, Series of 2012 ' Page 5 of 7 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: 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 6: 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: 117/119 Neale Avenue, Lot 2, Amended Shoafs Waterfall Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page 660, 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. Section 7: Public Hearing A public hearing on the ordinance shall be held on the 27th day of February, 2012 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a 117/119 Neale Avenue Ordinance# , Series of 2012 Page 6 of 7 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 23`d day of January, 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY,adopted,passed and approved this day of , 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney 117/119 Neale Avenue Ordinance # , Series of 2012 Page 7 of 7 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION(HPC) RECOMMENDING CITY COUNCIL APPROVAL OF HISTORIC LANDMARK DESIGNATION AND HISTORIC LANDMARK LOT SPLIT,AND GRANTING VARIANCES FOR THE PROPERTY LOCATED AT 117/119 NEALE AVENUE,LOT 2, AMENDED SHOAF'S WATERFALL SUBDIVISION,TOGETHER WITH THE PROPERTY DESCRIBED ON THE DEED RECORDED IN BOOK 799 AT PAGE 660, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION#1, SERIES OF 2012 PARCEL ID: 2737-073-53-002 WHEREAS, the property owner, Jeffrey Shoaf, has requested voluntary historic landmark designation,-historic landmark lot split and variances for the property located at 117/119 Neale Avenue, Lot 2, Amended Shoaf s Waterfall Subdivision, together with the property described on the deed recorded in Book 799 at Page 660, City and Townsite of Aspen, Colorado City and Townsite of Aspen; and WHEREAS, Section 26.415.050 of the. Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the requirements of Aspen Municipal Code Section 26.480.030; and WHEREAS,the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties according to Section 26.415.1101, Floor Area Bonus; and WHEREAS,the HPC may approve setback variances according to Section 26.415:110.C.La, Variances; and WHEREAS, the HPC may grant parking waivers according to the review standards of Section 26.415.110.0 of the Municipal Code; and WHEREAS, Amy Guthrie, in her staff report to HPC dated January 11, 2012, performed an analysis of the application and recommended that HPC support Historic Landmark Designation and Historic Landmark Lot Split and grant variance approval with conditions; and WHEREAS, at their regular meeting on January 11, 2012, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and granted approval by a vote of 5 to 0. RECEPTION#: 586233,01/2712012 at 03:33:11 PM, 117/119 Neale Avenue I OF 2, R $16.00 Doc Code RESOLUTION HPC Resolution#1, Series of 2012 Janice K.Vos Caudill,Pitkin County,CO Page 1 of 2 NOW,THEREFORE, BE IT RESOLVED: That HPC hereby recommends Council approval of Historic Landmark Designation and Historic Landmark Lot Split and grants approval for variances with the following conditions: 1) HPC grants a 500 square foot FAR bonus. 2) HPC grants a 10' front yard setback variance, a 5' north sideyard setback variance, and waiver of two on-site parking spaces for the lot containing the historic-cabin. As a condition to the parking variance, the property owner must create a perpetual easement on Lot 1, designating one parking space for the use of Lot 2: 3) The lot split plat must represent that no more FAR than is necessary to cover the existing cabin is allocated to Lot 2. APPROVED BY THE COMMISSION at its regular meeting on the 11th day of nua 2012. Ann Mullins,Chair Approved as to Form: �Jimrue,Special Counsel ATTEST: Kathy Stricltland,,Chief Deputy Clerk 117/119 Neale Avenue HPC Resolution #l, Series of 2012 Page 2 of 2 -oit MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: 117/119 Neale Avenue- Historic Landmark Designation, Historic Landmark Lot Split and Variances, Public Hearing DATE: January 11, 2012 SUMMARY: 117/119 Neale Avenue is a 15,000 square foot lot that contains a non-historic single family home and an 1880s era log cabin that was moved into the City of Aspen from its original location along Owl Creek Road. The cabin is a voluntarily deed restricted Accessory Dwelling Unit. The owner proposes voluntary landmark designation and a Historic Landmark Lot Split. The deed restriction would be removed from the cabin, which would become a free market home. The applicant's stated goal is ensure the long-term preservation of the cabin as is, and to direct any future development potential towards the lot that contains the non-historic home. STAFF RECOMMENDATION:. Staff recommends that HPC support landmark designation and the lot split, and grant variances with conditions. APPLICANTS: Jeffrey Shoaf, property owner. PARCEL ID: 2737-073-53-002. ADDRESS: 117/119 Neale Avenue, Lot 2, Amended Shoaf s Waterfall Subdivision, together with the property described on the deed recorded in Book 799 at Page 660, City and Townsite of Aspen, Colorado City and Townsite of Aspen. ZONING: R-15, Moderate Density Residential. HISTORIC DESIGNATION 26.415.030.B. Aspen Victorian Criteria. To be eligible for designation on the Aspen Inventory . of Historic Landmark Sites and Structures as an example of Aspen Victorian, an individual building, site, structure or object or.a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. .The quality of significance of properties shall be evaluated according to the criteria described, below. When designating a historic district, the majority of the contributing resources in the district shall meet the criteria described below: 1 . a. The property or district is deemed significant for its antiquity, in that it contains structures which can be documented as built during the 19th century, and . b. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Staff Finding: The log cabin at 117 Neale Avenue was built in the 1880s. The applicant has submitted information about the relocation of this building from Snowmass to Stillwater Road in the 1960s, then Neale Avenue in the 1990s. The cabin has not been designated in the City of Aspen up to this point primarily because it.was moved into the City after most of the inventories of Victorian era historic resources were completed. HPC did present an award to the applicant for the renovation of the cabin. The historic portion of the building is essentially the log walls that define the original cabin. At the time that the Benedict family rescued the cabin from "demolition by neglect," the roof was already gone. Benedict, and then Jeffrey Shoaf, built a new roof, added a porch, altered some .windows, and constructed a small addition on the north side of the building. The cabin is significant for its antiquity. There are very few examples of mining era log cabins remaining in the area. There is no appropriate integrity scoring form to use for this property because the forms that have been created for 19th century residential buildings generally refer to structures that have wood siding and Queen Anne related detailing. The scoring form for Rustic buildings refers to structures built in the 20th century. The cabin in question does not have integrity in terms of location or setting given that it was built in Snowmass, in a more rural environment. It does have integrity in the fact that the scale of the building is preserved, the original log walls are preserved and the original craftsmanship is evident. The cabin also has historical association with Fritz Benedict. Benedict's role as a pioneer architect in postwar Aspen, and as an influential mentor to many designers who arrived here from the 50s and. on, is well documented in the research paper "Aspen's Twentieth-Century Architecture: Modernism 1945-1975." Staff finds that criteria A and B are met and supports landmark designation. HISTORIC LANDMARK LOT SPLIT i In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall , meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.120(A). Recent amendments to the code have rendered the latter two code citations inaccurate. Section 2 1 26.470.070(C) previously provided for Growth Management exemption of a new home on a Historic Landmark Lot Split parcel. The exemption is now found at Section 26.470.060. Section 26.415.120(A) refers to appeals of HPC decisions. The correct code citation is 26.415:110(A), which is procedures for review of Historic Landmark Lot Splits. The relevant code sections are addressed below. 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 asubdivision 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; and Staff Finding: The property is located in a subdivision approved by the City, however there is an exemption from this standard for historic properties. 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(8); and Staff Finding: The applicant proposes to create two lots. Lot 1,.which will contain the existing non-historic house will be 12,762 square feet in size. Lot 2, with the cabin, is proposed to be 3,040 square feet in size. Both conform to the minimum lot size of 3,000 square feet for Historic Landmark Lot Splits. The buildings will not be required to mitigate for affordable housing because they are existing units. The deed restriction that has dedicated the cabin as an ADU. since 1998 will be removed. 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): and Staff Finding: The land has not received a subdivision exemption or lot split exemption. 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. 3 Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be a condition of approval. In the case where an existing single-family dwelling occupies a'site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: No demolition is proposed. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: A total of two units are planned for this property. 26.480.030(A)(4),SUBDIVISION EXEMPTIONs,HISTORIC LANDMARK LOT SPLIT 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-1 SA, RMF or O Zone District. Staff Finding: The subject parcel is 15,017 square feet and is located in the R-15 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. Staff Finding: FAR is based on the lot size of the "fathering," i.e. existing parcel. In this case, deductions are required due to the topography of the site. The FAR that remains available after slope calculations is approximately 4,833 square feet. The applicant represents that all FAR will be allocated to the non-historic house on Lot 1; except what is needed to cover the cabin in its existing condition. Staff finds that this meets the underlying goal of the Historic Landmark Lot Split, which is to removed development pressure from historic buildings.. An exact tabulation of how FAR will be assigned to Lot 1 and Lot 2 is needed at least by Council review because the numbers will be recorded on the subdivision plat. 4 C.) The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Paragraphs 26.415.120.B.1.a, band care only permitted on the parcels that will contains an historic structure. The FAR bonus will be applied to the maximum FAR.allowed on the original parcel. Staff Finding: The development is expected to meet the dimensional requirements of the zone district except for variances to FAR, as described above, setbacks and parking, addressed below. 26.415.110(A), Benefits. This section describes the review process for Historic Landmark Lot Splits. The process is being properly followed. Both HPC and Council will hold noticed public hearings, with Council making their final determination based on a recommendation from HPC. 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 cabin/ADU is approximately 700 square feet in total size, though the floor area calculation would likely be,less since half the unit is mostly below grade. As an ADU, the cabin was exempted from FAR up to 350 square feet. When the cabin becomes a free market unit on the new lot, the ADU FAR exemption will be forfeited. The applicant requests a 500 square foot FAR bonus so that no more of the cabin counts in FAR than is currently the case, and a small amount of bonus FAR can be allocated to the non-historic house as a preservation incentive. Staff supports the variance request. The cabin is to be preserved as is. HPC will have design review purview over the adjacent home. SETBACK VARIANCES The criteria for granting setback variances, per Section 26.415.110.13 of the Municipal Code are as follows: In granting a variance, the HPC must make a finding that such a variance: a. Is similar to the pattern, features and character of the historic property or district; and/or 5 b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Response: When the cabin was moved to the site, the Planning and Zoning Commission granted a front yard setback variance to allow the building to be 15 feet from the street instead of the required 25 feet. A new 10' setback variance would be necessary because the parcel that the cabins sits on is being reconfigured. Zoning requires a 10' setback between the existing house and the. new lot line, which is being provided. Zoning requires a 10' setback between the cabin and the new lot line, which isnot physically possible. The applicant can provide a 5' north sideyard setback on the cabin lot, and requests HPCapproval of a 5' setback reduction. Staff supports the variance as an incentive for landmark designation of the cabin with no further additions. ON-SITE PARKING Currently the cabin/ADU is provided with a parking space in the driveway of the main house. Once the lot is subdivided, 2 parking spaces are required for the lot that contains the cabin. The applicant is requesting that these 2 spaces be waived. HPC must find that the review standards of Section 26.415.110.0 of the Municipal Code are met. They require that: 1. The ,parking reduction and waiver of payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. Staff Response: It is not physically possible to place any more than one parking space on Lot 2 given required parking dimensions, restrictions on the width of driveway curb cuts, existing vegetation and topography. Any driveway or parking area tucked in along the north or south side of the cabin would likely have a negative visual impact on the historic resource. That said, there is no on-street parking available. Staff recommends that HPC waive one space and that the applicant provide further analysis of the options for one on-site space on Lot 2, ideally gravel or grasscrete,before the HPC approves waiver of the full parking requirement. 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 landmark designation and the Historic Landmark Lot Split. Staff recommends that HPC grant a 500 square foot FAR bonus, a 10' front yard setback variance, a 5' north sideyard setback variance, and waiver of up to two on- 6 r site parking spaces for the lot containing the historic cabin. The lot split plat must represent that no more FAR than is necessary to cover,the existing cabin is allocated to Lot 2 Exhibits: Resolution_#1, Series of 2012 A. Application 7 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION(HPC) RECOMMENDING CITY COUNCIL APPROVAL OF HISTORIC LANDMARK DESIGNATION AND HISTORIC LANDMARK LOT SPLIT, AND GRANTING VARIANCES FOR THE PROPERTY LOCATED AT 117/119 NEALE AVENUE, LOT 2, AMENDED SHOAF'S WATERFALL SUBDIVISION, TOGETHER WITH THE PROPERTY DESCRIBED ON THE DEED RECORDED IN BOOK 799 AT PAGE 660, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #1, SERIES OF 2012 PARCEL ID: 2737-073-53-002 WHEREAS, the property owner, Jeffrey Shoaf, has requested voluntary historic landmark designation, historic landmark lot split and variances for the property located at 117/119 Neale Avenue, Lot 2, Amended Shoafs Waterfall Subdivision, together with the property described on the deed recorded in Book 799 at Page 660, City and Townsite of Aspen, Colorado City and Townsite of Aspen; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and _WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the frequirements of Aspen Municipal Code Section 26.480.030; and WHEREAS, the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties according to Section 26.415.110.F, Floor Area Bonus. 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; and WHEREAS,the HPC may approve setback variances according to Section 26.415.110.C.La, Variances. In granting a variance, the HPC must make a finding that such a variance: 117/119 Neale Avenue HPC Resolution#1, Series of 2012 Page 1 of 3 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; and WHEREAS, the HPC may grant parking waivers according to the review'standards of Section 26.415.110.0 of'the Municipal Code are met. In granting a variance, the HPC must make a finding that: 1. The parking reduction and waiver of payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district; and WHEREAS, Amy Guthrie, in her staff report to HPC dated January 11, 2012, performed an analysis of the application and recommended that HPC support Historic Landmark Designation and .Historic Landmark Lot Split and grant variance approval with conditions; and WHEREAS, at their regular meeting on January 11, 2012, the Historic Preservation Commission considered the application, found the application was consistent. With the review standards and granted approval by a vote of x to x. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends Council approval of Historic Landmark Designation and Historic Landmark Lot Split and grants approval for variances with the following conditions: 1) HPC grants a 500 square foot FAR bonus. 2) HPC grants a 10' front yard setback variance, a 5' north sideyard setback variance, and waiver of up to two on-site parking spaces for the lot containing the historic cabin. 3) The lot split plat must represent that no more FAR than is necessary to cover the existing cabin is allocated to Lot 2. APPROVED BY THE COMMISSION at its regular meeting on the 11th day of January, 2012. Ann Mullins, Vice Chair Approved as to Form: Jim True, Special Counsel 117/119 Neale Avenue HPC Resolution #1, Series of 2012 Page 2 of 3 ATTEST: Kathy Strickland, Chief Deputy Clerk 117/119 Neale Avenue HPC Resolution #1, Series of 2012 Page 3 of 3 lo ATTACHMENT 2-LAND USE APPLICATION PROJECT: IL Name: eu1 Location: ( �n �C , 66 1 Indicate street address, lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: ehut Address: r C... Phone#: REPRESENTATIVE: 46 q'15t 1 Name: Address: Phone#: 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/ Expansio ❑ Residential Design Variance ❑ Lot Line Adjustment Other:'Ag�DVIG ❑ Conditional Use 94 DN I CA' EXISTING CONDITI NS: (description of existing buildings, uses,previous approvals,etc. PROPOSAL: descri ti n of proposed buildi s,uses, modificatio s,etc. t / 1 ,J- Have y u attached the following? FEES DUE: $ 1 O p ❑ Pre-Application Conference Summary ❑ Attachment#1,Signed Fee Agreement ❑ Response to Attachment 93, Dimensional Requirements Form ❑ Response to Attachment#4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-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. YFINITY Connect • Page 2 of 3 From:jeffshoaf@comcast.net To:"jeffshoaf'<jeffshoaf@comcast.net> Sent:Wednesday,October 19,2011 8:05:56 PM Subject: Benedict Cabin History October 31,2011 attention: Amy Guthrie "THE BENEDICT CABIN HISTORY",updated and with additional paragraph 117 Neale Avenue,Aspen , According to Jens Christianson,who was very familiar with the cabin and lived on Owl Creek Road for most of his 90 plus years only a couple of miles from the original cabin site (which is where the Snowmass Timbers Club is now,at the bottom the Elk Camp Lifts), the"Benedict Cabin"was originally built in the 1800's by a Scandinavian woodsman and trapper,who was locally well known as an excellent cabin builder and overall craftsman. Back in the 1990's,I told Jens about my plans to acquire and move the cabin from the Benedict's Stillwater Road land to my property across Neale Avenue from No Problem Joe's historic home site. When we talked about the 1886 newspaper article that was still attached to one of the logs inside,Jens was not surprised, and just nodded his head and smiled his approval! In the early 1970's, Fritz and Fabi Benedict decided that the cabin was architecturally and historically too valuable to just let go to waste or be turned into firewood like so many other beautiful and historic cabins of the valley,and it was clearly in the path of future development where it was. By then,there was no roof on the cabin as evidenced by a 1973 photograph,and the exterior, hand hewed log walls were falling in on each other and the place was heading downhill fast! The Benedicts decided something had to be done to save the cabin as an example of 1880's era local architecture and construction. They came up with the idea of disassembling and moving the cabin to their vacant Stillwater Road property on the river near the old gravel pits in East Aspen,to be rebuilt and preserved there. Their original idea as I was told was to rebuild the cabin for the use of their daughter,Jessica. Unfortunately,when the cabin project was nearly complete,the Benedict's Cabin got"red tagged"by the building department for reasons I do not know and was never completely finished. In spite of the fact that the exterior logs were fully chinked and finished,the front porch beautifully designed and built,the windows and doors were all installed and completed,and the wood shingled roof and fish scale accents were finished, ....and the entire cabin was basically "weather tight"and ready to go,it was still red tagged. Even though there was a dishwasher and sink in the kitchen section and a modern bathroom downstairs, I do not believe the cabin was ever fully operational. The cabin did remain very functional and served various purposes over the years,including finally being the Resnick's construction headquarters during the building of their new home,in addition to being a quaint, local delight to all who came down Stillwater Road and admired it! Fritz and Fabi sold the underlying property,including the cabin to the Stewart Resnicks,who proceeded to build their lovely 2nd home past the cabin site. Unfortunately for them,they used all their allowable floor area on the new house,and even though they wanted to keep the cabin, if at all possible,they were not allowed to do so and had to have the cabin removed from their property for zoning purposes. This set of circumstances led to me acquiring the cabin from the Resnicks by way of a sealed bid auction. My purpose in acquiring the cabin was always to be as faithful as possible in reconstructing the cabin on my Neale Avenue property true to the Benedict's classic,original design and their preservation intentions. Through research, I was even able to learn who had helped rebuilt the cabin for Fritz in the early 1970's,and I was able to hire the same old time local builder, namely Bill Knight, that the Benedicts had used back then to help rebuild the cabin on my property! ...... Bill was naturally excited about the opportunity to work on the new reconstruction of the historic cabin for a second time....only 25 years later than the 1st time,and with historic designation hopefully being granted,we hope for the last time! In addition to the original logs,we salvaged as much as we could from the Stillwater cabin site, including the original cypress barn wood,vertical siding that the Benedicts had used and is still in place on the north end of the cabin, just like Fritz had done it! The original"fish scale"Victorian accent shingles were likewise reused as Fritz had and we even matched the cabin's new chinking to exactly Fritz.s chosen color and had hardwood floors installed like his on the porch and inside.. In 1998 and 1999,we did our very best to reconstruct the cabin in it's present location on Neale Avenue true to what Fritz and Fabi had envisioned and built on Stillwater. A significant part of the end result now in place is that the cabin's most visibly important, east facing, Neale Avenue exposure with the porch is almost identical to what the Benedicts originally designed and built on Stillwater, also facing the street! Elsewhere, the cabin's reconstruction underwent only minor changes that were made primarily to accommodate the new orientation and siting at the present Neale Avenue location. In addition to the above historic features maintained,we also only used authentic,City of Aspen acquired 100 year old mall bricks for the access sidewalk,entryway and the front porch step. An authentic Victorian design,wooden picket fence,with entry gate has been installed,and authentic,antique light fixtures,and 100 plus year old beams further enhanced the overall curb appeal from Neale Avenue, which was very important to us. Additionally,the smaller scale of the cabin contributes significantly to the present overall positive,historic Neale Avenue neighborhood experience,especially in these times of big and bigger house being built all the time! I hope to see,that through the powers and wisdom of"Historic Designation",the cabin will always remain where it is now and true to the Benedict vision . In conclusion,and as a part of my Land Use Application,and as per Amy's request,I want to state what I am doing regarding: 1) the FAR of the Benedict Cabin and spell out my intentions to restrict any future additions, remodeling or expanding of the current Cabin, and 2)what I would be asking the HPC to provide for me as additional benefits for me taking on historic designation for the Cabin. Firstly,my intention is to limit the Benedict Cabin in the future to its current size and footprint on the newly created lot#2, Benedict Cabin Subdivision Exemption plat,which is true to the Benedict's original vision. Secondly, I would ask HPC to grant me a 500 square foot FAR bonus,to be applied to the larger lot#1 where my current house is located. Additionally,any unused FAR from the Cabin lot#2, not used by the current cabin "as is",shall also be transferred and credited to the larger lot#1 for any future use or 1-ttp://sz0074.ev.mail.comcast.net/zimbra/h/printmessage?id=286430&xim=1 10/31/2011 XFINITY Connect • • Page 3 of 3 redevelopment on lot#1. It also appears that I will need setback and parking variances on lot#2 as well as per Amy. Finally,if at all possible,I would ask for an exemption from having to either build an ADU or pay cash in lieu with the future redevelopment of my current house on lot#1, in light of the fact that the Cabin was originally approved and built as an ADU with few restrictions,and basically continues to functions the same. Thank you for reviewing these matters and I sincerely look forward to working with you all. Jeffrey S.Shoaf Jeffrey Shoaf Aspen Realty Exchange 119 Neale Ave jeffshoaf@comcast.net 970 925-4501 Office 970 948-3129 Cell �I I I hitp:Hsz0074.ev.mail.comcast.net/zimbra/h/printmessage?id=286430&xim=1 10/31/2011 Amy Guthrie From: jeffshoaf@comcast.net Sent: Wednesday, October 26, 2011 4:02 PM To: Amy Guthrie Subject: Fwd: Benedict Cabin History; Jessica Benedict's responce! Amy, I have just received this email from Jessica Bennedict. Please note the correction and please forward this to the commission. See you here shortly at the cabin. Feel free to park in the driveway just North of the cabin, away from the ski hill. Thanks again for your help and I did go to the website for tonight's agenda. See you soon. Jeff Jeffrey Shoaf Aspen Realty Exchange 119 Neale Ave jeffshoaf(a)-comcast.net 970 925-4501 Office 970 948-3129 Cell From: "JGordon" <jgordon@theranch.net> To: jeffshoaf@comcast.net Sent: Wednesday, October 26, 2011 3:35:55 PM Subject: Re: Benedict Cabin History Jeffrey, Your "history" looks good with one small change. Fritz was still alive when the property was sold to the Resnicks. have looked through my photos here at the house and have been unable to find the "cabin" photo. It is possible that it is in a file in the storage barn-which is too difficult to get to today with the recent snow. I will put it on my "to do" list and look for it when the weather clears. I have included a short letter of encouragement on your quest to designate the cabin as historical. I consider it a very worthwhile project and wish you luck this afternoon at the meeting. Sincerely. Jessica Benedict-Gordon Dear Amy and the HPC, I am writing you in support of Jeffrey Shoafs proposal to designate the "Benedict Cabin" as an historical building to be placed on the City of Aspen's historic registry. I believe Jeffery has spent time and money to insure that the cabin retained it's authentic character. There are very few structures i that remain in Aspen to remind us of it's rich history. Jefferey has "sad" this historic cabin from the wrecking ball and I believe he should be commended for it. Sincerely, Jessica Benedict-Gordon Email secured by Check Point 2 '�• �! _ :ismer }ja es � n; F 1 �r 1 i.IM •y' 'i � '� ' j i r.� 1 I — i 3 ,l F' r � � • \� y �,. �,- tip; -r+...rL�..s�..+M1�.,1►,.n��:ww...,�,►''�11�1�1,71y�,` ,'�.��o��1,ti�•.+ a t� y o r- -.rr^ -r�[ ,'r`!.�•+i,'!s\°`.�>.+.�b�� l�+`,.4'M.'LR!'1v1�a��..:�; �\'�S !�'i1�1 ♦1��' h c, 1 4 klil:�. 1 4 ♦ . a 3 \a - 1 c \�4,� 1 �1•�i�i��.r��i.+.�l.��lf..iwti��.�.b�Ew�R �l s s1 f''\,� � 1��.��.� ��,1 �0=1: �` b"SLIP-IN POCKET October 20th, 2011 attention: Amy Guthrie "THE BENEDICT CABIN HISTORY" as told to Jeffrey Shoaf 117 Neale Avenue, Aspen According to Jens Christianson, who was very familiar with the cabin and lived on Owl.Creek Road for most of his 90 plus years only a couple of miles from the original cabin site (which is where the Snowmass Timbers Club is now, at the bottom the Elk Camp Lifts), the "Benedict Cabin" was originally built in the 1-800's by a Scandinavian woodsman and trapper, who was locally well known as an excellent cabin builder and overall craftsman. Back in the 1990's, I told Jens about my plans to acquire and move the cabin from the Benedict's Stillwater Road land to my property across Neale Avenue from No Problem Joe's historic home site. When we talked about the 1886 newspaper article that was still attached to one of the logs inside, Jens was not surprised, and just nodded his,.head and smiled his approval! In the early 1970's, Fritz and Fabi Benedict decided that the cabin was architecturally and historically too valuable to just let go to waste or be turned into firewood like so many other beautiful and historic cabins of the valley, and it was clearly in the path of future development where it was. By then, there was no roof on the cabin as evidenced by a 1973 photograph, and the exterior, hand hewed log walls were falling in on each other and the place was heading downhill fast! The Benedicts decided something had to be done to save the cabin as an example of 1880's era local architecture and construction. They came up with the idea of disassembling and moving the cabin to their vacant Stillwater Road property on the river near the old gravel pits in East Aspen, to be rebuilt and preserved there. Their original idea as. I was told was to rebuild the cabin for the use of their daughter, Jessica. Unfortunately, when the cabin project was nearly complete, the Benedict's Cabin got "red tagged" by the building department for reasons I do not know and was never completely finished. In spite of the fact that the exterior logs were fully chinked and finished, the front porch beautifully designed and built, the windows and doors were all installed and completed, and the wood shingled roof and fish scale accents were finished, ....and the entire cabin was basically "weather tight" and ready to go, it was still red tagged. Even though there was a dishwasher and sink in the kitchen section and a modern bathroom downstairs, I do not believe the cabin was ever fully operational. The cabin did remain very functional and served various purposes over the years, including finally being.the Resnick's construction headquarters during the building of their new home , in addition to being a quaint, local delight to all who came down Stillwater Road and admired it! After Fritz's passing, Fabi sold the underlying property including the cabin to the Stewart Resnicks, who proceeded to build their lovely 2nd home past the cabin site. Unfortunately for them, they used all their allowable floor area on the new house, and even though they wanted to keep the cabin, if at all possible, they were not allowed to do so and had to have the cabin removed from their property for zoning purposes. This set of circumstances led to me acquiring the cabin from the Resnicks by way of a sealed bid auction. My purpose in acquiring the cabin was always to be as faithful as possible in reconstructing the cabin on my Neale Avenue property true to the Benedict's classic, original design and their preservation intentions. Through research, I was even able to learn who had helped rebuilt the cabin for Fritz in the early 1970's, and I was able to hire the same old time local builder, namely Bill Knight, that the Benedicts had used back then to help rebuild the cabin on my property! ...... Bill was naturally excited about the opportunity to work on the new reconstruction of the historic cabin for a second time....only 25 years later than the 1st time, and with historic designation hopefully being granted, we hope for the last time! In addition to the original logs, we salvaged as much as we could from the Stillwater cabin site, including the original cypress barn wood, vertical siding that the Benedicts had used and is still in place on the north end of the cabin, just like Fritz had done it! The original "fish scale" Victorian accent shingles were likewise reused as Fritz had and we even matched the cabin's new chinking to exactly Fritz.s chosen color and had hardwood floors installed like his on the porch and inside.. In conclusion, in 1998 and 1999, we did our very best to reconstruct the cabin in it's present location on Neale Avenue true to what Fritz and Fabi had envisioned and built on Stillwater. A significant part of the end result now in place is that the cabin's most visibly important, east facing, Neale Avenue exposure with the porch is almost identical to what the Benedicts originally designed and built on Stillwater, also facing the street! Elsewhere, the cabin's reconstruction underwent only minor changes that were made primarily to accommodate the new orientation and siting at the present Neale Avenue location. In addition to the above historic features maintained, we also only used authentic, City of Aspen acquired 100 year old mall bricks for the access sidewalk, entryway and the front porch step. An authentic Victorian design, wooden picket fence, with entry gate has been installed, and authentic, antique light fixtures, and 100 plus year old beams further enhanced the overall curb appeal from Neale Avenue, which was very important to us. Additionally, the smaller scale of the cabin contributes significantly to the present overall positive, historic Neale Avenue neighborhood experience, especially in these times of big and bigger house being built all the time! I hope to see, that through the powers and wisdom of "Historic Designation", the cabin will always remain where it is now and true to the Benedict vision . Amy, I sincerely hope that the entire Aspen Historic Preservation Commission, and you personally, can take the opportunity to tour our "Benedict Cabin" at 4:30 +- in the afternoon next Wednesday, October 26th, as my father and I will be present. I also look forward to being present at the the HPC meeting in the Council Chambers, City Hall at 5 PM also on Wednesday the 26th. Thank you for your time in reviewing this matter and your help so far. Please let me know if there is anything I can do to further assist you in this process. Sincerely, Jeffrey S. Shoaf EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE COD ADDRESS OF PROPERTY: Aspen,CO SCHEDULED PUBLIC HEARING DATE: ,200 STATE OF COLORADO ) ss. County of Pitkin ) I name print) ( , lease P P ) being or representing A 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: N' 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 fiftien (15) days prior t the public hearing and was continuously visible from the�day of 0- ,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) • ry/A Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title,or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fteen(15 days prior to the public hearing on such amendments. Signate The foregoing"Affidavit of Notice"was a know! d ed be)ore a this L2*day of , 204Z—, by e hoa WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Z ?�(��✓ 1JB0 '0 OF COLO Notary Public Y)►Oommit"E*im 09125!2013 ATTACHMENTS AS APPLICABLE: • 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 PUgl.l TIC. ATE IME ' PLACE PURPOSE a � ' ou subVA� Z Uj r vola i i ►�,hD�, Ick s I'�k a l5' IDDM / FOR INFO MATION NT CT: PART ��i wVM� THE CITY OF ASPEN SPEN C0 PLANNINGID 5090 y- av" r s�1M.N AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: tt7 1161 2a -- ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20_ STATE OF COLORADO ) ss. County of Pitkin ) I, (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 hoY less than one inch in he 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 o-wners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing,of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Sipatute The foregoing"Affidavit of Notice"was acknowledged before me this ZLday of q) , 201[1, by PUBLIC NOTICE ' WITNESS MY HAND AND OFFICIAL'SEAL RE: 117/119 NEALE AVENUE-HISTORIC LANDMARK DESIGNATION, HISTORIC aY Lflv . LANDMARK LOT SPLIT AND VARIANCES - •e•e•e NOTICE IS HEREBY GIVEN that a public hearing ' ••�� ,M ommission a pines: will iia held on Wednesday,January 2012 at a I i '�^l. eating to begin at 5:00 p.m.beforee the the Aspen ; toric Preservation Commission,City Council Chambers,C Hall,130 S.Galena St.,Aspen, �NDA M. consider an application submitted bJefreShoat, I"NNI V a property owner,P.O.Box 3123,Aspen,CO 81612. The project is located at 117/119 Neale Avenue, I e`,� otary Public Lot 2,Amended Shoats Waterfall Subdivision,To- VQ gether with the property described on the deed re- y�a,+P -- corded in Book 799 at Page 660,City and Town- Cd�- site of Aspen,Colorado.The applicant proposes voluntary landmark designation and a historic landmark lot split to separate the existing primary home and adjacent log cabin onto two separate i n Expires 0312912014 parcels of land. HPC is asked to make a recom- mendation to City Council on landmark designa- . tionas well as the proposed lot split. HPC is asked to grant a 500 square foot FAR bonus for historic a 15'front y waiver t of two on-site parking 'north ATTACHMENTS AS APPLICABLE- a 15'front yard setback variance and a 5'north T T side yard setback variance for the log cabin parcel. IE PUBLICATION BLICATION For further information,contact Amy Guthrie at the 1 r, City of Aspen Community Development Depart- I ment, 130 S.Galena.St.,Aspen,CO,(970) SPH OF THE POSTED NOTICE (SIGN) 429-2758,am _,.,h i.aspen.co.us. slAnn Mullin Vice Chair, E OWNERS AND GOVERNMENT AGENGIES NOTIED Aspen Historic Preservation Commission Published inthe Aspen Times Weekly on Decem- ber22,2°" `73649471 N CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.40.090 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this "2yr`' day of JN„e- , 1997, by Jeffrey S. Shoaf ('Owner") for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTER-GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorders Office('Authority"). WHEREAS, Owner owns that parcel of real property located at 117 North Neal Avenue, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 2, Shoat's Waterfall Subdivision, upon which is situate a free-market dwelling unit and a cabin, which cabin shall be approximately 699 square feet and be classified as an accessory dwelling unit("Unit"); and WHEREAS,Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where,the Owner hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing accessory dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six(6) consecutive months. Owner shall maintain the right to select the qualif led resident of its own choosing when renting the Unit. An executed copy of.all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident by the Authority. If rented, there will be no maximum rent that can be charged on a month-to-month basis. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non=complying tenants. 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any 111111 IIIII Ililll IIIII IIIII 11111111111111111111111 IN 406113 07/09/1997 10:26A DEED RES DAVIS SILVI 1 of 3 R 16.00 0 0.00 N 0.00 PITKINco COLORADO one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER- By: Y Jeffery S. hoaf Mailing Addres : P.O.Box 3123,Aspen,Colorado 81612 STATE OF C LORADO ) ss. COUNTY OF PITKIN ) ,{ The foregoing instrument was acknowledged before me this o2 / day of Jv h 1997, by Jeffery S. Shoaf. WITNESS MY hand and official seal. My Commission expires: Date QU84/ Notary Public STATE OE G� I'llll'�III�II"I II'll IIII'II'I IIIII'I III"II�IIII Intl 406113 07/09/1997 10:26A DEED RES DAVIS SILVI 2 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO 2 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Efizkelh Krizmanic-i,Chairperson Mailing Address: 530 East Main Street, Suite 001 Aspen,C0 81611 STATE OF COLORADO ) ss. COUNTY OF.PITKIN ) The foregoing instrument was acknowledged before me this dS day of Aflt, 1997, by Elizabeth Kdzmanich. WITNESS MY hand and official seal. My Commission expires: Date I � ary Publi mnsrwa 697.adu �Oj AR yAG �f ,.9 C� :r o� ~ .. COLOR 406113 07/09/1997 10:26A DEED RES DAM SILVI 3 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO 3 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE AND VARIANCE FOR A DETACHED ACCESSORY DWELLING UNIT AT THE SHOAF RESIDENCE, LOT 2,SHOAF'S WATERFALL SUBDIVISION, 117 NEALE AVENUE, CITY OF ASPEN Resolution 96-30 WHEREAS, the Community Development Department received an application from Jeffrey Shoaf, owner, for a Conditional Use and Variance for the relocation and remodeling of a historic cabin into a voluntary, detached one-bedroom Accessory Dwelling Unit containing approximately 700 sf; and WHEREAS,pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS,the Planning and Zoning Commission may vary the dimensional requirements of the underlying zone district for an Accessory Dwelling Unit in accordance with Section 26.40.090(B)(2); and WHEREAS,pursuant to Section 26.58.040(F)(1), a FAR Bonus equal to fifty (50)per cent of the Accessory Dwelling Unit floor area(up to a maximum of 350 sf) shall be granted if the ADU is separated from a principal structure by a distance of no less than ten (10) feet, with a maximum footprint of four hundred fifty (450) square feet; and WHEREAS, the Housing Office, City Engineering, Historic Preservation Committee and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on December 10, 1996, the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use and Variance for the Shoaf detached Accessory Dwelling Unit with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use and Variance for a detached, one-bedroom Accessory Dwelling Unit containing approximately 700 sf to be relocated onto the Shoaf property at 117 Neale Avenue is approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains approximately 700 sf as shown on the plans; b. verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. comply with Part III, Section 7,Deed Restricting Existing Dwelling Units of the Aspen/Pitkin County Affordable Housing Guidelines (see Exhibit B, Housing Office Memorandum); d. provide the Housing Office with a signed and recorded Deed Restriction which must be obtained from the Housing Office; e. clearly identify the Accessory Dwelling Unit(ADU) on building permit plans as a separate one-bedroom unit; f. submit a current site improvement survey with the building permit application. The survey shall reference a current title policy to ensure documentation of easements; g. connect to City water in accordance with City and State statute if the residence is not presently being served by the City Water Department and the domestic well shall be abandoned; h. provide one, off-street parking space on-site for the ADU that shall be shown on the final improvement plans. Existing parking spaces that meet Code requirements shall also be shown on building permit drawings and the maximum curb-cut and driveway width shall be eighteen feet; i. show a trash containment area on final development plans. All utility meters and any new utility pedestals must be installed on the applicant's property and not located in the public rights-of-way. Easements shall be provided for pedestals. All utility meter locations must be indicated on the building permit drawings. Meter locations shall be accessible for reading and may not be obstructed by trash storage; The applicant may consider separate water service, meter and wastewater service lines for the ADU; j. submit a drainage mitigation plan signed and stamped by an engineer in the state of Colorado as part of the building permit application. The site development shall meet the runoff design standards of Section 26.88.040(C)(4)(f); k. execute and record an agreement requiring the property owner to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. A signed and notarized agreement with recording fees shall be provided prior to final building inspection; 1. apply for a tree removal permit two (2) weeks prior to the issuance of a building permit if any trees are to be removed. The required mitigation for any tree removal shall be as per Section 15.04.450 of the Municipal Code. 2. Prior to the issuance of a certificate of occupancy (CO) the applicant shall: a. submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments,entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements; b. install sidewalk, curb and gutter along Neale Avenue. A boulder and utility pedestal may have to be removed or relocated. If necessary, it is preferable to have the applicant relocate the pedestal on private property within an easement. The sidewalk may be routed around the boulder or pedestal if an easement.is provided by the applicant on their property; c. permit Community Development Department and Housing Office staff to inspect the property to determine compliance with the conditions of approval. d. relocate the existing fence along Neale Avenue onto private property if it is within the public right-of-way. To enhance the neighborhood character and ambiance, the fence shall be lowered, relocated and/or removed in such a manner that the historic cabin shall be readily visible from Neale Avenue. 3. A FAR Bonus equal to fifty (50) per cent of the Accessory Dwelling Unit floor area (up to a maximum of 350 sf) shall be granted if the ADU is separated from a principal structure by a distance of no less than ten (10) feet, and it has a maximum footprint of four hundred fifty (450) square feet or the ADU is deed restricted to occupancy pursuant to Ordinance 38-96. 4. Planning and Zoning Commission hereby grant a variance of the front yard setback from twenty-five (25) feet to ten (10) feet for the location of the historic cabin, Accessory Dwelling Unit only. The front yard setback for the primary residence shall be twenty-five (25) feet in the R-15 zone district as per City Code. 5. The applicant shall consult with City departments regarding the following: a. City Engineering (920-5080) for design considerations and any development within public rights-of-way; _ .......... -- . - ---_ - ------- - ------ - b. Parks Department(920-5120)for tree,removal, landscaping, and vegetative species; and c. City Streets Department (920-5130) for any work or development, including landscaping, within public rights-of-way. 6. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on December 10, 1996. Attest: Planning and Zoning Commission: J Jackie Lothian,Deputy City Clerk Sara Garton, Chairperson RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING STREAM MARGIN AND CONDITIONAL USE APPROVAL FOR 113 NEAL AVENUE, ASPEN, COLORADO Resolution No. 94-,a WHEREAS, the applicant, Jeffrey Shoaf, submitted an application for a stream margin review for the demolition and reconstruction of a duplex adjacent to the Roaring Fork River and conditional use review for an attached accessory dwelling unit; and WHEREAS, pursuant to .Section 24-7-504 of the Municipal Code, development within 100 feet from the high water line of the Roaring Fork River and its tributary streams, or within the one hundred year floodplain is required to undergo Stream Margin Review; and WHEREAS, pursuant to Section 24-7-304 of the Municipal Code, an accessory dwelling unit is a conditional use review requiring a public hearing by the Planning and Zoning Commission; and WHEREAS, the Aspen Planning and Zoning Commission held a public hearing March 22, 1994; and WHEREAS, the Commission reviewed .the application for a stream margin review and the construction of an attached, above grade accessory dwelling unit of approximately 500 square feet; and WHEREAS, the Planning staff reviewed the application and recommended approval with amended conditions. NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby grant stream margin approval and a conditional use approval with the following conditions: 1. Prior to the issuance of any building permits: a. the applicant shall, upon approval of the deed restriction by Resolution No. 94- Page 2 the Housing Authority, record the deed restriction with the Pitkin County Clerk and Recorder's Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. b. the applicant shall submit the following items to be approved by the Engineering Department: i. a storm runoff plan prepared by an engineer registered to practice in the State of Colorado demonstrating that no additional storm runoff for the 100-year runoff event shall be conveyed to the public right-of-way by the development; ii. an erosion control plan that indicates riparian vegetation, top of the river bank and erosion protection fencing; iii. a letter from either the DOW or Army Corps of Engineers indicating approval of the proposed development near the riparian zone; iv. a curb, gutter and sidewalk agreement; and V. a development plan indicating on-site parking spaces. C. floor plans of the ADU shall be submitted to APCHA for review on net liveable calculations and kitchen appliances. .d. the zoning officer shall inspect erosion measures to ensure they are in place. e. the applicant shall submit a new roof plan to prevent snow shedding onto the bridge. 2. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 3. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. Resolution No. 94- Page 3 4. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 5. Prior . to the issuance of a certificate of occupancy the Planning Department shall inspect the unit to determine compliance with the conditions of approval. 6. The Zoning Enforcement Officer shall periodically inspect the site to determine compliance with erosion control measures. APPROVED by the Commission at its regular meeting on March 22, 1994. ASPEN PLANNING AND ZONING COMMISSION By B , Ch*1VPe==W Date Signed '3 - 2 ::q AT ST: Jan Carney, Depup City Clerk . Date Signed�� 9/141 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A reement for Payment of Citv of As en Development Apnlication F e CITY OF ASPEN(hereinafter CITY)and E • �. (hereinafter APPLICANT)AGREE AS FOLLOWS: IF 1. APPLIAN has subgiitted to TY an appyRA (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/or 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$ (1"d which is for 4P 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$245.00 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 pay such accrued costs shall be grounds for suspension of processing,and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Chris Bendon V t Community Development Director Date: Billingdre s and Telephone Number: cL qT0 qqr 3al ct, Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): $12.00 Tax Certificate: Total Endorsement Charge(s): $370.00 TBD Charge(s): $382.00 TOTAL CHARGES: COMMITMENT for TITLE INSURANCE issued by TITLE COMPANY OF THE ROCKIES, INC. as agent for CHICAGO TITLE INSURANCE COMPANY Reference: Commitment Number: 0703293-C Prepared for: Inquiries should be directed to: Jeffrey Shoaf Susan Hass Aspen Realty Exchange Title Company of the Rockies P.O.Box 3123 220 East Cody Lane Aspen,CO 81612 Basalt,CO 81621 Reference Property Address: 117 Neale Avenue,Aspen,CO 81611 SCHEDULE A 1. Effective Date: June 29,2011,7:00 am Issue Date: July 28,2011 2. Policy(or Policies)to be issued: ALTA Owner's Policy Policy Amount: (6-17-06) Premium: $370.00 Proposed Insured: A Buyer to be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Jeffrey S. Shoaf 4. The Land referred to in this Commitment is located in the County of Pitkin, State of Colorado,and is described as follows: 3 J y Lot 2 SHOAF'S WATERFALL SUBDIVISION according to the Plat thereof filed for record in Plat Book 13 at Pate 3. COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item(a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item(b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,to wit: 1. . Release by the Public Trustee of Pitkin County of the Deed of Trust from Jeffrey S. Schoaf for the use of Countrywide Bank,FSB,to secure$2,000,000.00,dated January 4,2008,and recorded January 9,2008,at Reception No. 545702. 2. Release by the Public Trustee of Pitkin County of the Deed of Trust from Jeffrey S. Shoaf for the use of Mary Jo Bersheit,to secure$110,664.00,dated March 25,2010,and recorded March 26, 2010,at Reception No. 567972. 3. Deed from Jeffrey S. Shoaf to A Buyer to be Determined. NOTE: Duly executed real property transfer declaration,executed by either the Grantor or Grantee,to accompany the Deed mentioned above,pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 4. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 5. Evidence satisfactory to the Company or its duly authorized agent either(a)that the"real estate transfer taxes" imposed by Ordinance No.20(Series of 1979),and by Ordinance No. 13, (Series of 1990),of the City of Aspen,Colorado have been paid,and that the liens imposed thereby have been fully satisfied,or(b)that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY,COLORADO FOR JUDGMENT LIENS,TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. i NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS,CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE I RELIES UPON THE COMMITMENT,ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF I J INSURANCE. 4 COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage,including attorney fees,by reason of the matters shown below: 1.Any facts,right,interests,or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2.Easements or claims of easements,not shown by the Public Records. 3.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4.Any lien,or right to a lien for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the Public Records. 5.Defects,liens,encumbrances,adverse claims or other matters,if any created,first appearing in the Public Records or attaching subsequent to the effective date hereof,but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency-that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 7. Right of way for ditches or canals constructed by the authority of the United States,as reserved in United States Patent recorded August 29, 1958,in Book 185 at Page 69. 8. Easement and right of way for recreational purposes,as reserved by The City of Aspen in the Deed-to Adolph Barraller recorded April 3, 1979,in Book 365 at Page 822,said easement being more fully described in said instrument. 9. Public trail easement to the West as shown on the Plat of said subdivision. IO.Accessory Dwelling Unit Deed Restriction recorded July 9, 1997, at Reception No.406113. I I.Easement and right of way for constructing and installing a sidewalk purposes,as granted by Jeffrey Shoaf to the City of Aspen,Colorado,by instrument recorded August 21, 1998,at Reception No. 420959,said easement being more particularly described therein. DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."(Gap Protection) 5 Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as-the Company may deem necessary,or, at its option,the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122,C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall.be obtained from the County Treasurer or the County Treasurer's authorized agent;and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners,the County Clerk and Recorder,or the County Assessor. Note 4: If the sales price of the subject property exceeds $400,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil,gas,other.minerals,or geothermal energy in the property,and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Please contact me if you require anything further. Thank you,. Susan Susan Hass Escrow Officer 6 - Title Company of the Rockies ,2ZJ E. Cody Lane Basalt, CO 81621 Toll Free: (866) 927-9299 Local: (970)927-9299 Fax: (970)927-8288 shass(a-titlecorockies.com NOTICE:This email transmission and any document(s)accompanying it contain information belonging to the sender which is legally privileged and strictly confidential.The information is intended only for the use of the individual or entity named above.If you are not the intended recipient or the employee or.agent responsible to deliver it to the intended recipient,you are hereby notified that any disclosure,copying,distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error,please notify us by telephone to arrange for return of the original documents to us.Although this electronic mail transmission and any attachments are believed to be free of any virus or other defect that might negatively-affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender of any loss or damage arising in any way in the event that such a virus or defect exists. Eagle County: Summrt County t Grand County 10 W Beaver Creek BIVd 235 South Ridge Street j v, 't 78491 U S Hhway'40 Suite 221 Breckenridge wC0 80424, Winter Park CO 80482 Avon;Colorado 81620_ 970 453 6120(Direct Dial) 970 26 8077(Direct Dial)s 7 970.949 9497; Direct Dial r 970 453 9077 Fax 970 726 9488 Fax 970 949 9486(Fax) Pitkm_and Garfield Counties `: Western Granii County -22-6 Ea, Cody Lane z 315 East Agate Avenue Basalt Colorado 81621 ® Granby Colorado 80446 970 927 9299;(Direcf Dial) 970 887 2929"(Direct Dial) -.:970'.927-8288;(Fax) ' _ + -,,:970.887.2857(Fax):-,'. 7 u - Ah .a: _`7iH�GxdOd=21 .1:__15..-�i Fa.Q o �trespti�ri'tFo-106874 --FeE3Y L• 01"Isoordo`r colorndo_013679.. l Stilll --- -` �o rill to mhiT+u tgrse prrgntl�BQnlf ralitr ArerliuQ: WREREAS, a Certificate of the Land Office nt Denver, Colorado, to now, 41:daposited In the Bureau of Innd Management, whereby it appears that pursuant to — -Sections 2387 2388P-and 2389 of the Revised Statutes of the United States Pt j 1 payment has,been made by A. E_ Robison, Mayor of the City of Aspen, 11iLl:ln Courtly, ' Colorado, for the follwing described land: ' Sixth Principa.1 hlcrtdian, Coloyadu. �. 10 S,, R. 04 W., _ Tracts A and 11.1 \ �?. The area described contains 60.25 acres, according to Ute Official Plat of the 3uzveY,ofp,the said Land, on file In the"iltu eau or.lanrt Hum geriwnt• - NOW KNOW YE, That there is, therefore, grantbd by the UNITED STATES, utit.0 •,'''_the•said A. E. Robison, the tract of Land above described; TO HAVE 4ND TO ROI•D the anid-tract'•of Lsnd, with-the-appurtennneeiL--thereof..-:lka&Q--:1_ie euid_ =Ar Qblaon,., n trust-tor the several use and benefit of the occupants of •the Aspen site Additions according to tlieii;rdiff£ ve ritereuts;1TS't6 bio Duce in trust an aforesaid; subject to any vested and accrued water. .._ right. fo ning, agricultural, manufacturing, or other purpos�c, and rlpltts -- `to ditc eg and reservoirs!uaed In connection with slich vater rights us may he recognized and acknowledged b� the local Mst0m, laws, and deelsona of courts; :. and_th rreserved•e .is red Erase the lands hereby granted, n right n1' vny theretat . for t11 chew or canals conhtruetud by the authority or the United States• --- -- - 1:: Tr-X71\t0. 1011}:aka4', lla Maur inil!nr d snilluu`iit d r llita t r,j- _ _the Jim t:Ui of I 1111 tlinnay:r un•uf, ut ntrr•r+iiurrr-uiUr iltr ` - prn�igirrnK rrC Ila- •tri nr fuer 17. 191M.162 til:rl- I":).1•;,t _ �' Ili_1}I1:.auralttiuLlft>`hltllr:�l?!frN�rnurr rl tlnau• G•IL ix lu 1N I nutdr I':rlr.ul. and lite: 5c.11 td' tilt: Curr:ui r„ 1„• herr utdn _. silixed. GIVE 1Drr_ay�ilmil't: 1114 —..___.. Iii ti it t ul I'r>IuutLiii,ILt TWENTY^FTIL"TQar or--AUrIIGT itTliu }Tett rri'`—'- - FI �5 � = 1 EAL] thmtir8nl nine huntiri.d ruin 1.17-[iIG1if -----------.. ,. S 1 1 anti of IheLidi•per nlFtnec of lite iJlliictl f:drx lou mil trutu rr tt ---. rued EIGRTY- _ r... t I'm 1hr Df r-Ai,i;im ati of i:uul,3lnn;i>r un'ut , i r t• r ._ --_.. - .,. •-l'lllClltTi utrihcl'-.._.... .. / — ....... .. .-. - r •Ir !• I .r.., ... I. - r ? ,' r t , -�� •:?� r'-- r-cY,�..;:F:^'J � ;; V !_ _.;11 � �' k•'+,:! ( .-a•''4'?,•�,'Tt75'� arti:i `i' "lr f'i; t ••ra i•.k.,�. •� It, ' w,iA_:>�-:'.^.'s�:t'S=.ai..�_�.i r:.�.; z�t.;i 1!! �• ��t1' •�X".: 1{'•,`. ( }p��,� '1 �:��,.1C :11,�•_l.�i3�..ci s_S.•a. - ii:.:.i �-2�.i�1�.'a•ii.s itil t!"� .'t- li;r7 =365 nernrdea at _...12t 1.1__- - __— .. •In.•k.-•P_-....._. \f AP�`j 1 3l 1979. F` f liereptlon N�._213 .Q.� •_..___....._ ldiea a-ffaune� • TH ib DEER made thle._— ��—day ofFa�March In the E= year of aur Lord one lhouaand nine hundrtd and_— n�l.•P ___—,.-- �,between IMAlgot of IAe City of Aspen _ Stacy Sta1111ery-III at the Counts of puhta state or Colorado {{lEt Trustee for the Earl Aspen Additional Townsllh of The tint part.and w EIE i...._.... ...._ 'yf - ADOLPH SARRAIMER PAID j;.'.. er the Count P1t�Cln 11 sof --.�— —.__, and stale of Colorado of the second # - ParL WITNFSSETII: \YIIERF.AR.on the Blot day of August.A.D,1Ba1,a patent did Issue for the F.aal Aspen Additional Townoite to -; the Mayor of the Incorporated City at Aspen and to his aurct000ra and ssslans In trust for the occupants of void Town. elle In Acrardance with their rmPeellro Inlermis, and said patent hating been Issued In con.'ormlty with the Acts ftj of Congress for such cases made and provided,and has been recorded as Document No. I/t111, Book IIF,11age St. {3 of the records tar Pitkin CeunV t 1VIIEREAR the around parties have complied with all repuirerntnte of law of the stele of Colorado eniltilng l l them to a deed of conveyance from the Jiayor or An r:-. as Trustee, to the lots or parcels of land hereinafter de- ➢crlbedit. - F{ NO\P, Tt1Ei1F:FOR the 0416 ileal peel!. for an11 In ronolderallon or the sum of and otheK_qo2�and Valuable consideration -- -----------� _ ---1 to the fare%party In hand paid by the said second parllt%the reeelpt whereof Is hereby 1 confeased and acknowledged has remised,released,granted,sold, conveyed and �. pulldalme4 unto the second parties. _ their helm and assigns forever, all rifht,title.Interest,claim and demand uhlch the said tint party hat in and to the'roilominj' 1 3 - - desctihaf lots or parcels of land situate•lying and bring In the County of i ilkin and slate or Colorsdo,to cit: - See attached Exhibit "A". -.e Ubere.is excepted and reserved unto the City of Aspen, and its successors, an easaimnt extending 20 feet frail the westerly.boundaiy line of the above-described real property easterly into the above-describ`d land and being parallel with the said westerly boundary, said easement being i for the use by the general public for'recreational purposes, inict&ig, f` but riot limited to, fishing, hiking, horseback riding, or other : recreational purposes} ?ROVIDED, HOMVER, no easeailent is reserved for ; entry to the easetllant herein reserved over or through the above-described land. i r 70 HAYK AND h'O HOLD the same,together with all and singular the appurtenances and privileges lhertuntu bNonging,or In anrwlee!hereunto apperlelntag,and all the estate, daAq title. Interest and claim whatsoever, of •. ? the filet paw,either In law or eaulty,to the cols proper use,benefit and behoof cf the Data partite of the second part,their helm and asslans forever, I` 1N WITNBSS WHEREOF,the Bald Blayor has hlrtunlo➢tt a d an IAe day• ar abo a first written.. i L tis'and t Clty S STATE,OP'COLORADp Stacy ley I ;; COUNTT ov PITKIN ) lea 2� '' " Tea tangoing Instrument war acknowledged.beton me, this.._-E.!day or—. ip_ Std Sta7ld-te III _-•^as Mayor of the City of Aspen and Ttuel or the East Aspen C" Add1tioHa1Pitkin County.Colorado. q�:S�o;o`lta iwe c ices OcteSef 19,.I48Z 'S c ` y" p —__ }f_C4uifi11.51eu:^k�P- — q t�7AR 1 — 7f - .•�-p-� - Kowy PabRe r _ City of Asptn Fast Aspen fired No.t •" �'�'-+�.-.�ti..,,Z,.:-.i_,�•S �r� .n•4!-f.:�.+ i. . .^g1��i:_:-•:"�'T•r!�t',1'�'a..t�',.Y=~•i'��[��i i '1!''.T[ ' ti :r:�-' 1' � .t11+;• ( t Y 1f �•,1�;?��:t! ,. ;��y.�!.�`:t�` �:1:�.� l�c y�:,s t.� r`y�i�j 'Y►ti ®365 mcf823 EXHIBIT A TO MAYOR'S DEED BETWEEN t{ THE CITY OF ASPEN AND ADOLPH BARRAILLER A tract of land in the SW 1/4, Section 7, Township 10 South, Range 84 West, 6th Principal Meridian; Pitkin County, Colorado, being more fully described as followst Beginning at a point on the westerly right-of-way of Neale Street, said point being N 17°54130" .1, 416.60 feet from the South :1/4 corner of section 7, Township 10 .8outh, Range 84 ` West, 6th Principal Meridian (a 1954 brass cap) said point of beginning being the same as the northeasterly corner of the property described in Book 296 at Page 3070 Pitkin County Clerk and Recorder's Office) thence N 53614100" W, 132.59 feet along the northerly line of property described in Book 296 at Page 3071 thence N 20055'18" E, 209:64 feet, to a point ' on the southerly line of the property described in the decree for CiVil Action No. 5160, District Court, Pitkin County, Colorado, recorded .in Book 292 at Page 939, Pitkin County Clerk and Recorder's Office; thence southeasterly acid north- easterly along said southerly line, more fully described as S 37'32'00" B, 36:67 feet; S 63°42100" E, 3;55 feet} thence N 31°05'00" fi, 4.48 feet; thence S 63°42100" 73, 109:14 feet to the westerly right-of-way of Neale Street) thence departing from the southerly line of Civil Action No. 5160.6nd following - the westerly right-of-way .of Neale Street southwesterly S 18° 34154" 11, 62.31 feet; thence S 24°19150" W, 96.61 feet; thence S 33008125" 11, 63.85 feet to the point of beginning ` containing 30,001 sq. ft. more or less. i 4 - 7 ` ' I - � I ' f