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HomeMy WebLinkAbout#landuse case.HP.610 E Hyman Ave.0021.2014.ahpc0 a 0 7L7j7 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER: 0021.2014.AHPC PARCEL ID NUMBERS: 2737-182-12-004 i C` PROJECT ADDRESS: W1 E HYMAN AVE PLANNER: AMY SIMON FINAL LANDMARK DESIGNATION - CASE DESCRIPTION: ASPEN MODERN REPRESENTATIVE: BRIAN WEST DATE OF FINAL ACTION: 10/10/2014 CLOSED BY: ROBERT GREGOR ON: 06/10/2015 • 0 7 a �2( - le) I cii;- - 4kf c_ Permits F` file Edit gecord Navigate Form Reports Format Tab Help .?i ►X ► ►� _i•J 16Jump 1 I� p Main Custom Fields Routing Status Fee Summary Actions Routing History Cr Permit type ahpc Aspen Historic Land Use Permit # 00212014 AHPC v. w Addre 10 E HYMAN Apt/Suite State CO Zip 81611 A Information ster permit Routing queue asluO7 Applied 04�YN1014 Project l Status pending Approved Description APPLICATIONI FOR HPC DESIGNATION - HPC FINAL LANDMARK DESIGNATION! - Issued • ASPEN! MODERN Closed./Final Submitted BRIAN WEST 925 5590 Clods Running Days 0I Expires j041112015 Owner Last name 1610 E HYMANI. LLC First name 610 E HYMAN AVE ASPEN CO 81611 Phone (970) 925-5590 Address Appbant Owner is applicant? ❑ Contractor is applicant? Last name 1610 E HYMAN LLC First name 610 E HYMAN AVE ASPEN CO 81611 Phone (970)925-5590 Cust 129781 Address Lender Last name First name Phone !i. Address Displays the permit lender's address .- AspenGold5 (server. angelas = 1 of 1 'z© ceaNnnUS I, q sa 2t s !�---y - 1 -7 s•" PAID 2Z— 111-4- dos 0 0 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a five year vested property right. The vested property right shall expire on the day after the fifth anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 610E HymanLLC c/o Charles Cunniffe 610E Hyman Avenue Aspen CO, 81611. Property Owner's Name, Mailing Address 610E Hyman Avenue Lot M Block 99 City and Townsite of Aspen, Colorado, PID#2737- 182-12-004. Legal Description and Street Address of Subject Property The property has been approved for Landmark Designation Historic Preservation Benefits, Major Development and Commercial Design Review. The existing building will be preserved and expanded along the alley. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council approval was granted on JanuaLy 14 2013 via Ordinance #23, Series of 2012 and Historic Preservation Commission approval was granted on September 24, 2014 via Resolution #28, Series of 2014. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 23 2014 Effective Date of Development Order (Same as date of publ ication of notice of approval.) October 23 2019 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.) Issued this loth day of October, 2014, by the City of Aspen Community Development Chris Bendon, Community Development Director TO: FROM: RE: DATE: • • lVe W Be MEMORANDUM Aspen Historic Preservation Commission Amy Simon, Historic Preservation Officer 610 E. Hyman Avenue —Final Major Development and Commercial Design Review, Public Hearing September 24, 2014 SUMMARY: 610 E. Hyman Avenue was constructed for well known gallery owner Patricia Moore in 1963. It was designed by Ellie Brickham, who in 1951 was the first female architect to arrive in Aspen. Charles Cunniffe Architects has been the owner and tenant for twenty years. In late 2012, the property was reviewed for voluntary designation and a building expansion through the AspenModern process. HPC granted Conceptual design approval and Council completed the designation negotiations. The HPC resolution and Council ordinance are attached. The applicant received square footage bonuses and affordable housing reductions to allow for a second floor office expansion and enlargement of the existing upper floor apartment. HPC is asked to approve Final design review. APPLICANT: 610 E. Hyman LLC, represented by Charles Cunniffe Architects. PARCEL ID: 2737-182-12-004. ADDRESS: 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen, Colorado. ZONING: C-1, Commercial. HPC Review 9.24.2014 610 E. Hyman — Charles Cunniffe Architects Page 1 of 7 0 • The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project', conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project'.s conformance with the City of Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. Major Development is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(,) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. Staff Response: Final review focuses on landscape plan, lighting, fenestration, and selection of new materials. A list of the relevant design guidelines is attached as "Exhibit A." The existing building contains office space on the garden level and main floor, and a residential unit and courtyard on the upper floor. The proposal is to create an addition at the back of the site, sitting on top of a garage/carport constructed in 2003. Immediately above the carport will be two new office spaces. On top of that will be an addition to the existing apartment. Because the proposed new construction is located at the rear of the property, visibility of the addition from the street will be very limited, in staff s assessment. Only a small portion of the proposed third floor encroaches onto the 1963. Some alterations to the windows on the front of the building have occurred over the years. As part of this AspenModern project, the applicant will restore the original 2nd floor deck to an open air courtyard. The stucco panels on the building will be painted white, as they were originally. The arched window shape will be recreated on the ground floor. This last item was a sticking point during the HPC review of the project. The applicant was hesitant to change the existing windows, but was persuaded to do so during the Council negotiation. Minutes and drawings from the HPC Conceptual review are attached as Exhibit B. HPC Review 9.24.2014 610 E. Hyman — Charles Cunniffe Architects Page 2 of 7 During the HPC and Council reviews, the only available resources representing the original appearance of the building were a sketch and a low quality photograph. Since then, a photo has been located in the archives of the Denver Public Library. This photo is dated 1966, three years after construction. For Final review, there have been some changes in the proposed materials, and the roof line of the new addition is canted, where it was previously more flat. The project remains within the approved dimensional limits. Staff finds that the HPC guidelines for Final HPC approval are met. The project will be bring back much of the original design of the building and it will contribute to the midcentury design history represented by six landmarked buildings located in a short stretch of E. Hyman Avenue. HPC Review 9.24.2014 610 E. Hyman — Charles Cunniffe Architects Page 3 of 7 0 0 Staff and monitor will need to review details for the new arched windows, and any new proposed outdoor lighting fixtures prior to building permit. COMMERCIAL DESIGN REVIEW The City has an adopted set of guidelines, "Commercial, Lodging and Historic District Design Objectives" which are in addition to the HPC design guidelines. Development on this site is affected by the chapter that addresses what is known as the "Commercial Character Area." All of the Conceptual level guidelines address setback and height issues that are not generally applicable to a remodel, rather than all new construction. Staff finds that no additional review is needed, except for discussion of the applicants request to exceed the 36' height threshold for three story buildings, discussed below. Any additional design guidelines that are applicable to Final will be presented to HPC at that time. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the fagade of the building may be required to comply with this Section. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. Staff Response: The Commercial Design guidelines are also shown in Exhibit A. Staff finds the Final Commercial Design guidelines for this project are met. The major topic of the Commercial Design process during the Conceptual hearing was providing for trash and recycling needs. This project was given special approval to share services with the 616 E. Hyman building, immediately to the west. This is an arrangement that has HPC Review 9.24.2014 610 E. Hyman — Charles Cunniffe Architects Page 4 of 7 gone on for some time. The property owners were required to submit a formal agreement assuring that their cooperative arrangement can be relied on. City staff will continue to work with the applicant team to finalize any details and record the agreement, which is attached to this memo. The agreement must be recorded within 30 days of HPC Final approval. STAFF RECOMMENDATION: Staff recommends approval of this project finding that the guidelines and review criteria are met, with the following conditions: 1. Staff and monitor must review and approve details for the new arched windows and any proposed exterior lighting prior to building permit. 2. The agreement to share trash and recycling services with 616 E. Hyrnan must be recorded within 30 days of this approval. 3. The development approvals granted herein shall constitute a site -specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. 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 § 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 by the Historic Preservation Commission, 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 Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, 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 five (5) years, pursuant to the Land Use Code of the City of Aspen HPC Review 9.24.2014 610 E. Hyman — Charles Cunniffe Architects Page 5 of 7 and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. EXHIBITS: HPC Resolution # , Series of 2014 Exhibit A: Design Guidelines Exhibit B: HPC minutes and conceptual design Exhibit C: Trash agreement Exhibit D: Application "Exhibit A: Relevant HPC Design Guidelines and Commercial Character Area Guidelines for 610 E. Hyman, Final Review" 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. ❑ A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. ❑ An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. ❑ An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. ❑ An addition that covers historically significant features is inappropriate. 10.4 Design a new addition to be recognized as a product of its own time. ❑ An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. ❑ A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all HPC Review 9.24.2014 610 E. Hyman — Charles Cunniffe Architects Page 6 of 7 11 techniques that may be considered to help define a change from old to new construction. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. ❑ The new materials should be either similar or subordinate to the original materials. 10.14 The roof form and slope of a new addition should be in character with the historic building. ❑ If the roof of the historic building is symmetrically proportioned, the roof of the addition should be similar. ❑ Eave lines on the addition should be similar to those of the historic building or structure. 1.45 The roofscape should be designed with the same design attention as the secondary elevations of the building. ❑ Group and screen mechanical units from view. ❑ Locate mechanical equipment to the rear of the roof area. ❑ Position, articulate and design rooftop enclosures or structures to reflect the modulation and character of the building. ❑ Use materials which complement the design of the building fagades. ❑ Design roof garden areas to be unobtrusive from the street. ❑ Use 'green roof design best practice, where feasible. 1.46 High quality, durable materials should be employed. ❑ The palette of materials should be specified, including samples of materials as required. 1.47 Building materials should have these features: ❑ Convey the quality and range of materials seen traditionally ❑ Reduce the perceived scale of the building and enhance visual interest of the facade ❑ Convey a human scale ❑ Have proven durability and weathering characteristics within Aspen's climate 1.48 A building or additions should reflect the quality and variation in materials seen traditionally. 1.49 Where contemporary materials are used they shall be: ❑ High quality in durability and finish ❑ Detailed to convey a human scale ❑ Compatible with a traditional masonry palette 1.50 Materials used for third floor accommodation set back from the street fagade(s) should be more subdued than the primary facades. HPC Review 9.24.2014 610 E. Hyman — Charles Cunniffe Architects Page 7 of 7 0 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN STANDARD REVIEW RESOLUTION #_, SERIES OF 2014 PARCEL ID: 2737-182-12-004 WHEREAS, the applicant, 610 E. Hyman LLC, has requested Final Major Development and Commercial Design Review for an expansion to the landmarked property located at 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen; and WHEREAS, Section 26,415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the Commercial, Lodging, and Historic District Objectives and Guidelines per Section 26.412.040 of the Municipal Code. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Amy Simon, in her staff report to HPC dated September 24, 2014, performed an analysis of the application based on the standards. Staff recommended approval of the project with conditions; and WHEREAS, at their regular meeting on September 24, 2014, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and recommendation, and public comments, and found the project to be consistent with the review criteria by a vote of _ to _ NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Final Major Development and Commercial Design Review with the following conditions: 610 E. Hyman Avenue — AspenModern HPC Resolution #_, Series of 2012 1. Staff and monitor must review and approve details for the new arched windows and any proposed exterior lighting prior to building permit. 2. The agreement to share trash and recycling services with 616 E. Hyman must be recorded within 30 days of this approval. The development approvals granted herein shall constitute a site -specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. 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 § 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 by the Historic Preservation Commission, 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 Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, 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 five (5) 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: 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. 610 E. Hyman Avenue — AspenModern HPC Resolution #_, Series of 2012 10 0 APPROVED BY THE COMMISSION at its regular meeting on the 24th day of September, 2014. Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk Jay Maytin, Chair 610 E. Hyman Avenue — AspenModern HPC Resolution # , Series of 2012 '� asr�uc �r: i oxsysu�-cu :sw mu3nv 13nV Ml1AM 15�3IX9 OM^80100'N3dSV 3nN3AV NVVIAH ISV3 00 Ell S10311HO2]V 3J:flNNno Si3l2WHO DM(nng NVINAH 1SV3 M j - 116 A ldhL A t ■© cssraoae untoaTaxr 3nvwvWu�lsvaao 00'N3dSV a 3nN M 1S'd3 M9 W N o C'7 ©� woo•ajpuuro•mmm Q S1O311HO2JV 3.JJINNno S3-WVHO JNicnin8 NVV4AH 1SV3 019 g W z II rc� uio I Ii 8w W J� W �]ll R1 J7L W ��lll , II I I z c r~ a IL H U; ■© E 3rN3AV WWM 1SN3 M SiO3ilHO�JV 3.J:�INNno S3'1'dVHO Effaing NVINAH iSV3 019 T===o 117 X R L:d E ASPEN HISTORIC PRESERVATION COMMISSION _MINUTES OF OCTOBER 24, 2012 MOTION: Jay moved to approve resolution 426 second by Jane. Motion carried 4-1. Nora opposed. 610 E. Hyman — AspenModern Negotiation for Voluntary Landmark Designation, Conceptual Major Development, Conceptual Commercial Design Review, Special Review for utility/trash recycling area, continued from October loth — public hearing Jane recused herself. Amy summarized the staff memo. This is an AspenModern negotiation, a voluntary offer of designation in exchange for some landmark benefits that are available for all properties. In terms of designation staff finds that it meets the criteria. Ellie Brickham in 1951 was Aspen's first female architect. This is a good example of her design talents. There have been alterations to the building and it scored 15 out of 20. In terms of the negotiation the first incentive has to do with floor area. There is an allowance for 1500 square feet of residential free market floor area on the property and the applicant is asking for just over twice as much. That floor area figure covers not only the actual living area of the unit but also drags in common hallway and deck area. This project is asking for doubling. It also pushes them slightly over the cap for what a building that just has commercial and free market uses ought to have by 692 square feet. On vested rights everyone receives three years and they are asking for ten years to allow more time to move forward. There are standard landmark benefits which are available to all designated properties. They are eligible for an affordable housing mitigation waiver for the office space they are creating. If they had to pay for a non -historic property it would be around $250,000, but they wouldn't pay anything in this scenario. The expansion of the office space triggers the need for a partial parking space onsite and they are asking to not provide the parking space but not pay the cash -in -lieu fee which would have been about $28,000. Their residential development is exempt from certain fees related to city parks and transportation. In terms of the incentives city council is the body that can award those incentives but HPC generally makes comments. HPC is also asked to review the conceptual design for the proposed addition at the back of the building. In terms of the F PC guidelines staff finds that the addition is acceptable because it is along the alley and doesn't encroach upon the historic building itself. It doesn't have a negative impact. In terms of the commercial design HPC needs to consider the request to go over the height limit. The height limit is 36 feet 6 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 24, 2012 measured from grade and their proposal is 38.11 to the top of the residential unit in the back. Our concern is that it looks like the floor to ceiling height on the third floor is about 12 feet which seems like it could be reduced and the height increase lessened. On the utility delivery issue every property downtown is expected to have a certain amount devoted to the functional needs of the building about 120 square feet and it should be along the alley so trash can be picked up easily. This property currently has no trash area that meets code. There is an internalized area for recycling and they have an agreement with the neighbor. That does not meet the standards. We have not seen any agreement that this will continue. In theory HPC could grant a complete waiver but -we do not.think.that an appropriate plan. One suggestion is to eliminate one of the existing on -site parking spaces which then generates its own variance and cash -in -lieu and perhaps that is a way to accommodate the trash. Council has already awarded an extension on this project part of which HPC's agendas were so blocked up but the current extension expires in December. If this project cannot leave HPC with a recommendation tonight staff is not inclined to recommend an additional extension. We feel there has not been enough preservation effort represented in the project to out weight the benefits. The character of the windows has changed from the original design which has changed how you perceive the building from the street. We are concerned about having a certain standard to hold up that the AspenModern program can achieve certain things that the community can clearly see. The removal of the canopy and stucco on the facade are not significant movement back to the original character. We would like to see this project work out but we feel we are not in the right place to approve it and we are not recommending HPC approval. Nora asked what has changed since we saw this the last two times. Amy said one of the things was the calculations on the building which were not clear enough for us to take a position. _ We didn't 't understand what some of the square footages were. Amy said designation doesn't happen if the negotiation doesn't occur. Staff finds that the building worthy of designation but we are concerned that the other end of the proposal isn't meeting up to the standards. Willis asked for clarification regarding the trash. Amy said they are required to have 120 square feet on the site for their trash area and they have none 7 L] ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 24, 2012 that qualifies now. HPC can accept any arrangement that you think appropriate. If you were going to ask them to provide any on the site it is going to impact one of the existing parking spaces. HPC can grant a variance to eliminate the parking space and you can eliminate the fee. Charles Cunniffe said in 2003 when he got approval to build the garage in the back the building was designed to have two stories in the future. The trash area was negotiated with the city and the city allowed us to do a recycle center instead of the traditional dumpster. The building has a gas meter on the back of it and has the meters along the car port. The recycling center has three bins for glass, aluminum and paper. It is used jointly with the neighboring properties. We would continue to work something out with them. We are attempting to be as paper free as possible. Most of our products are recyclable. It is the only 30 foot lot that is constrained in the neighborhood and if you put a 10 x 20 space in the back you would have a ten foot parking space. It is in the best interest to have a recycling center rather than a trash/utility area. We have four spaces and have the adequate parking. It is a two car garage and a two tandem space which was also approved in 2003. Ellie Brickham was a friend of mine through the architectural world. When I talked to her about what I wanted to do with the building she was very much in favor of me changing the windows. It is a better solar gain and the additions of the transoms allowed for ventilation. I haven't changed anything regarding the solid/void pattern on the front of the building. The only thing I altered is the lower arch is now squared off for a transom window. Mitch Haas, Hass land planning: With ordinance 48 and Aspen Modern the 90 day negotiation forces us to take a short view of the property and the effects of designation. It seems to put everyone in we want everything right now or nothing at all approach to a negotiation which is not really how one enters into a negotiation. There were three points of restoration: the arched windows, color of the stucco and the removal of the canopy. Charles agreed to two of the three. On the integrity assessment it scored 15 points which is on the border of better and best. By doing the two restorations we would be in the best example. If this building is not on the inventory there would be no HPC review or consideration ever going forward. In the way of incentives we have asked for additional free market area. The building is not efficiently laid out and there is a lot of common area and stairs than would be in any other building. We have requested a free market area of 3,053 square feet. The unit itself is 8 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 24, 2012 1908 square feet of net livable space. Right now it is a studio to become a one bedroom unit. 286 square feet is counted as wall thicknesses and another 473 in circulation spaces that are shared for the commercial spaces below and another 385 deck space that is counting as floor area. Also the code requires an elevator. There is no parking requirement in the Cl zone district and none for the residential unit. At the alley the proposed height is 40 feet as submitted because the alley starts lower than the sidewalk. We are trying to look at the ceiling heights a little closer. We can drop it to 38 feet at the alley. Both buildings are going to go to three stories and will overwhelm this building. Mitch said the trash sits behind the golfco building to the east and is shared with this building. The recycling is behind our building. The golfco building has been approved by P&Z which is 9 feet along the alley and 20 feet deep. This project will be coming back for HPC final review and it doesn't have to be completely satisfied and addressed right now. When we come in for final we will either have letters of agreement from the neighbor or we will have a specific proposal for the H PC. We will resolve it or we won't get final approval from the HPC. You should save this building. Charles said if you look at the drawings there is not a significant alteration on the building. The most significant alteration is the canopy which is going to be removed. I feel what I did as appropriate to the building. Amy said she didn't hear until tonight that there was an tandern parking space on the site. I was under the impression that there were three parking spaces. That is adequate for the net leasable. The code does not allow commercial uses to count stacked parking spaces as adequate you have to have unobstructed access to the alley. That fourth space is not OK as the mitigation for this commercial building. It is great that you are working with your neighbors on recycling but the other side of the equation is that you have no place to put your trash. I don't think the existing arrangement is going to.work. Vice -chair Jay Maytin opened the public hearing. Junee Kirk said she served on the preservation committee. I recall that there weren't that many on the AspenModern list that were to be preserved. I'm surprised that this is coming under ordinance #48. Z ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 24, 2012 Amy said the task force did not get to that level of detail. We aren't actually talking about getting this building to perfection. There are changes that we aren't even suggestion that should be undone like moving the entry to the center and filling in the light well. Vice -chair Jay Maytin closed the public comment portion of the agenda item. Jay said you can walk to the recycling area from the alley. If this agreement falls apart would you be able to collect your trash in this area. Charles said we have adequate access and this case is unique because it is a single tenant. All the changes are above the garage and there are no changes to the first floor. Nora said I thought it was clear that there were things that we wanted to see done before we thought it could be designated. I can't support designation and this is a very significant building and I don't feel as though we are being given the respect of what the restoration should look like. Maybe the board should vote on whether this building should be designated. Charles said he had to move the doors per code issues which were not in effect in 1962. It was a building code. Willis said he doesn't see anything substantially different presented from the last meeting. Mitch said we had to get all the calculations in the cad. Charles said before I wasn't willing to change the stucco or the canopy and now I am willing to change those. Willis asked if Charles talked to Marty Flug about memoralizing the trash agreement. Charles said we co -share the cost now and I can talk to him. Commissioner comments: Nora said she cannot support designation. Willis said there are four points of restoration that have been discussed. The same four things have been discussed at every hearing in the past. The 10 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 24, 2012 canopy, the arches at the second level, the stucco color and the entry door change. We aren't asking for perfection and eliminated the entry door. The other three are the essence of Ellie Brickham. AspenModern negotiation has potential for demolition. The spirit of AspenModern is for the developer to think twice about their actions. We have asked for three out of four things and you should just do it and enjoy the benefits that with it. Jay said his fear is that this building will go away and people will be upset. The removal of the canopy was a huge step. I don't agree with the ten year vested rights. This building will probably be dwarfed after the two buildings on either side are done. This will be a better project than letting it go. I also agree that the utility for a restaurant should be different than for an office building. Sallie said it is great that the canopy is removed. The color change is good but I think when we asked for three I wanted three. I would support giving more time and figuring out how we can designate a building that looks like the original building that she designed. Charles said the arches are not functional. Willis said part of the charm is the arches that speak to the era. Charles said the arches are one of many things that make the building historic. If you put the arches back there is less light. MOTION: Willis moved to approve resolution 427 with the following conditions that the first level arches return to the restoration and some agreement about the trash be submitted and that council take up the issues of vested rights. All the incentives are ok. Motion second by Sallie. Motion carried 3-1. Nora voted no. MOTION: Jay moved to adjourn; second by Nora. All in favor, motion carried. Meeting adjourned at 8:00 p.m. ,� _ Kathleen J. Strickland, Chief Deputy Clerk RECIPROCAL TRASH AND RECYCLING AGREEMENT This Reciprocal Trash and Recycling Agreement ("Agreement") is made and entered into this 7.Z-47 day of ,\Ula '_ __, 2014 by and between 610 East Hyman, LLC, a Colorado limited liability company ("610"), and Furngulf LLP, a Colorado limited liability partnership ("Furngulf'). RECITALS A. 610 is the owner of real property in Pitkin County, Colorado described as Lot M, Block 99, City and Townsite of Aspen and known as 610 E. Hyman Ave., Aspen, Colorado 81611 (the "610 Property"). B. Furngulf is the owner of real property in Pitkin County, Colorado described as Lots N and O, Block 99, City and Townsite of Aspen and known as 616 E. Hyman Ave., Aspen, Colorado 81611 (the "Furn Igu f Property"). C. As of the date hereof, there are three 96-gallon recycling bins on the 610 Property located behind the building located on the 610 Property (the "Recycling Bins."). D. As of the date hereof, there is a two -yard trash dumpster on the Furngulf Property located behind the building located on the Furngulf Property (the "Trash Dum_pster"). E. Historically 610 and Furngulf have used the Recycling Bins for all of their recycling, and 610 and Furngulf have shared the cost of the recycling service. F. Historically 610 and Furngulf have used the Trash Dumpster for all of their trash, and 610 and Furngulf have shared the cost of the trash service. G. Pursuant to Ordinance No. 23, Series of 2012 (the "Ordinance'), the City of Aspen approved Historic Landmark Designation and certain benefits to the 610 Property pursuant to the AspenModern Program. H. Section 2.3 of the Ordinance requires 610 to provide this Agreement to memorialize the understanding of 610 and Furngulf with respect to their sharing of trash and recycling services. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Mutual Access Rights, Costs. (a) 610 hereby grants to Furngulf, its successors and assigns, the right to unlimited access and use of the Recycling Bins on the 610 Property. 610 and Furngulf shall each pay for one-half of the cost for the recycling service. • 0 (b) Furngulf hereby grants to 610, its successors and assigns, the right to unlimited access and use of the Trash Dumpster on the Furngulf Property. 610 and Furngulf shall each pay for one-half of the cost for the trash service. 2. Alterations. 610 reserves the right, in its sole discretion, to change the placement, type, number, size and configuration of the Recycling Bins and the recycling service contractor; provided, however, that Furngulf must continue to have reasonable access to, and the right to use, the changed Recycling Bins and any changes to the placement and size of the recycling containers must be reviewed and approved by the City of Aspen Environmental Health Department. Furngulf reserves the right, in its sole discretion, to change the placement, type, number, size and configuration of the Trash Dumpster and the trash service contractor; provided, however, that 610 must continue to have reasonable access to and the right to use the changed Trash Dumpster and any changes to the placement and size of the trash container(s) must be reviewed and approved by the City of Aspen Environmental Health Department. 3. Termination. This Agreement may be terminated by 610 or Furngulf at any time on 90 days' prior written notice to the other party. In the event of termination, Furngulf shall be required to have its own recycling and trash bins on the Furngulf Property, the placement and size of which must be reviewed and approved by the City of Aspen Environmental Health Department, and 610 shall be required to have its own recycling and trash bins on the 6I0 Property, the placement and size of which must be reviewed and approved by the City of Aspen Environmental Health Department. 4. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts. Electronic signatures (e.g., facsimile, email) shall be binding. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. 610 East Hyman, LLC By: Charles Cunniffe, Manager Furngulf, LLP By: Print Name: FteeeL _ Genes 6/p [Acknowledgements on Following Page] 2 • 9 STATE OF C-,o\ac-IA-o ) -- _ ) ss. COUNTY OF t"itl�i�n ) The foregoing instrument was acknowledged before me this„_ day of tSvre.. , 2014, by Charles Cunniffe, Manager of 610 East Hyman, LLC. Witness my hand and official seal. My com 1 0& - � �. • 02015" 0.%AO [SEAL ' TONI ROSE 4- z, SWERSKY ti .. Notary Public my F W18f 5 STATE OFC LoA-ot-' ) ss. COUNTY OFF-s�..•� ) The foregoing instrument was acknowledged before me this day of UrSc- , 2014, by -z�,— Q;4,� ;7 Qg L known to me or proven to my satisfaction to be such individual, as Weeami pwtrrer of Furngulf LLP. �cCZjtnuE VItE i��E.tf Witness my hand and official seal. My commission expires: d-1 . �� 1 (,, [SEAL] Notary Public (D-- »jz 49. 11 Im f� I I ALLEI' v HYN�A M AVENUE 610 EAST HYMAN BUILDING CHARLES CUNNIFFE ARCHITECTS 610 EST HYMAN AVENUE ASPEN, COLORADO eweur muwevc i .eowmenn i .ameravo i vex vmnam 0 0 April 22, 2014 Amy Simon Historic Preservation Officer Aspen Community Development 130 S. Galena Street Aspen, CO 81611 Re: HPC Final Review Aspen Modern Landmark Designation 610 E. Hyman Avenue (Lot M, Block 99, City and Townsite of Aspen) P.I.D. # 2737-182-12-004 Dear Amy, 0■ 1912 CHARLES CUNNIFFE ARCHITECTS RECEIVED APR 222014 CITY OF ASPEN CW"TY DRIELOWNT We are herewith submitting our application for Final HPC Review of the 610 E. Hyman project. Following the Conceptual Review and approval by HPC on October 24, 2012, as documented in Resolution #27, series of 2012, the Aspen City Council negotiated with the Applicant and approved with conditions documented in Ordinance #23, Series of 2012. The Application for Final HPC review was postponed, at the request of the Applicant, to April 22, 2014. In the interim period, the Applicant has made some revisions to the floor plans, exterior elevations and building sections. The basic reason for this is to revise the Free Market Residential Unit so that the proposed addition to the existing roof level is now the Living/Dining/Kitchen for the unit and the existing upper level studio space is now two bedrooms with expanded bath/dressing areas. The stair access has been split into two stairways so that the Free Market Unit and Commercial uses do not share a common stairway. Also the exterior materials for the non -historic addition have been simplified due to the imminent redevelopment of the buildings on each side, which will cover up most of the east and west facades of the non -historic addition. The overall Floor Area (FAR) and Net Leasable/Net Livable Floor Areas are still in compliance with the provisions of the HPC Resolution and City Council Ordinance as documented herein. Please advise us if any additional documentation is required. Sincerely, Charles L. Cunniffe, AIA 610 East Hyman Avenue • Aspen. Colorado 81611 • tel: 970.925.5590 • fax: 970.925.5076 ■ www,cunniffe.com J CITOOF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, 970.429.2758 DATE: 4.16.14 PROJECT: 610 E. Hyman Avenue, Lot M, Block 99 REPRESENTATIVE: Charles Cunniffe Architects DESCRIPTION: 610 E. Hyman is a 3,000 square foot parcel in the C-1, Commercial Zone District. The mixed use building on the site was constructed in 1963. It currently includes commercial space in the basement and first floor, and a free-market unit on the second floor. An application for voluntary landmark designation/AspenModern negotiation, Conceptual Design Review and Conceptual Commercial Design Review was approved by HPC on October 24, 2012 (Resolution #27, Series of 2012) and City Council on January 14, 2013 (Ordinance #23, Series of 2012). Final design review is still required. Applicants typically must apply for Final review within one year of Conceptual approval, however this project was granted a six month extension to apply by April 22, 2014. HPC will conduct their reviews based on the land use code sections cited below and the relevant Historic Preservation and Commercial design guidelines. The application for Final review must be consistent with the plans approved conceptually, including the restoration plan, and must address conditions of approval established by HPC and Council, in particular the specific dimensional allowances detailed in the City Council ordinance, the specific language in the Council ordinance regarding shared Recycling and Trash Storage, and the HPC requirement that the height of the project may not exceed 38'. Relevant Land Use Code Section(s): RECEIVED 26.304 Common Development Review Procedures 26.412.040.4 Commercial Design Review, Final APR 2 2 2014 26.412.070 Suggested Design Elements CITY OF ASPEN 26.415.070.D.4 Historic Preservation, Major Development, Final �� 26.575.020 Calculations and Measurements L OMNT 26.710.150 C-1 Zone District Land Use Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenVPlanning-and-ZoningfTitle-26- Land-Use-Code/ HPC Design Guidelines: http://www.aspenpitkin.com/Departments/Community-Development/Historic-Preservation/Historic- Properties/ Commercial Design Guidelines: http://www.aspenpitkin.com/Portals/O/docs/City/Comdev/Comm%2ODesg_n%2OStnds/Commercial%2 ODesign%2OGuidelines Commercial%20Character%2OArea.pdf U t. J HPC application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2011 %20Historic%20L and%20Use%2OApp%2OForm.pdf Review by: Staff for completeness, HPC for determination Public Hearing: Yes Referral Agencies: Environmental Health Planning Fees: $1,950 for 6 billable hours (additional hours are billed at $325 per hour) Referral Agency Fees: $975 Total Deposit: $2,925 Total Number of Application Copies: 12 To apply, please submit 1 copy of: ❑ Signed fee agreement with payment. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ List of adjacent property owners within 300' for public hearing And 12 copies of: ❑ An 8 112" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. ❑ Final drawings of all proposed structures(s) and/or addition(s) included as part of the development. The front elevation must be provided at 1/4" = 1.0' scale. ❑ Landscape plan. ❑ An accurate representation of all major building materials to be used in the development, depicted through samples or photographs. ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. ❑ A statement, including narrative text or graphics, indicating how the final design conforms to representations made or stipulations placed as a condition of the approval of the conceptual design. Staff may request specific additional materials, including 3-D computer modeling. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building -related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0 0 TABLE OF CONTENTS ❑ EXHIBIT 1 - Letter of Authorization by Owner (1 copy) ❑ EXHIBIT 2 - Signed Agreement to Pay Form with Payment (1 copy) ❑ EXHIBIT 3 - Certificate of Title (1 copy) ❑ EXHIBIT 4 - List of Adjacent Property Owners (1 copy) ❑ EXHIBIT 5 - Resolution #27, Series of 2012, from the Aspen Preservation Commission (12 copies) ❑ EXHIBIT 6 - Ordinance #23, Series of 2012, from the Aspen City Council (12 copies) ❑ EXHIBIT 7 - Vicinity Map (12 copies) ❑ EXHIBIT 8 - Site Improvement Survey (12 copies) ❑ EXHIBIT 9 - Land Use Application Form (12 copies) ❑ EXHIBIT 10 - Dimensional Requirements Form (12 copies) ❑ EXHIBIT 11 - Project Description and Code Responses (12 copies) ❑ EXHIBIT 12 - Letter re: shared trash/recycle areas with 616 E. Hyman (12 copies) ❑ EXHIBIT 13 - FAR and Net Leasable/Net Livable Floor Plans & Tables (12 copies) ❑ EXHIBIT 14 - Final Architectural Plans and Renderings ❑ EXHIBIT 15 - Cut Sheets of proposed major building materials (12 copies) RECEPTION#: 59397* 1612012 at 1 OF 3, 3 AM, EXHIBIT 5 1 of R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL APPROVE HISTORIC LANDMARK DESIGNATION AND PRESERVATION BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 610 E. HYMAN AVENUE, LOT M, BLOCK 99, MAJOR DEVELOPMENT AND COMMERCIAL , AND GRANTING CONCEPTUALL L DESIGN REVIEW APPROVAL RESOLUTION #27, SERIES OF 2012 PARCEL ID: 2737-182-12-004 WHEREAS, on March 28, 2012, the applicant, 610 E. Hyman LLC, Charles Cunniffe, represented by Haas Land Planning, requested that the property located at 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen, Colorado, be considered for voluntary ific benefits through the AspenModern historic designation in axchange for ct on 26.415. 25cand Section 26 415.030 oft e Munn negotiation Municipal Code; and process as described at Se WHEREAS, an AspenModern negotiation period ends 90 days after initiation unless extended by City Council. Council passed Resolution 453, Series of 2012 to extend this negotiation to December 23, 2012; and WHEREAS, an AspenModern negotiation requires that the Historic Preservation Commission, using context papers and integrity scoring sheets for the property under consideration, provide Council with an assessment of the property's conformance with the designation criteria of Section 26.415.030.C.I - When any benefits that are not included in Section 26.415.110 are requested by the property owner, HPC shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program, as stated at Section 26.415.010, Purpose and Intent. As an additional measure of the appropriateness of designation and benefits, HPC shall determine whether the subject property is a "good, better, or best" example of Aspen's 20`h century historic resources, referencing the scoring sheets and matrix adopted by City Council; and WHEREAS, concurrent with the designation application, Conceptual Major Development and Conceptual Commercial Design Review approval was requested for an expansion to the subject building; and WHEREAS, Section 26.415,070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen tstoric Code and othertion applicablg Codedelines Sections. er Section The HPC 26.415.070.D.3.b.2 and 3 of the Municipal 610 E. Hyman Avenue - AspenModern HPC Resolution #27, Series of 2012 • 0 may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the Commercial, Lodging, and Historic District Objectives and Guidelines per Section 26.412.040 of the Municipal Code. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, the proposed expansion project includes a parking waiver, which HPC may grant according to the review standards of Section 26.415.11 O.C, Benefits, of the Municipal Code; and WHEREAS, the proposed expansion project includes a reduction to the required Utility/Delivery and Trash Storage area, which HPC may grant based on the review standards of Section 26.430, Special Review; and WHEREAS, the proposed redevelopment includes a height increase, which HPC may grant according to the review standards of Section 26.412, Commercial Design Review, of the Municipal Code; and WHEREAS, Amy Guthrie, in her staff report to HPC dated October 24, 2012, performed an analysis of the application based on the standards. The staff recommendation was that the property should be designated a landmark as it meets the criteria for designation and the integrity score qualifies as the "better/best" category of historic resources. Staff recommended that the proposed incentives were not appropriate within the AspenModern program due to lack of adequate restoration work, and the project did not meet review standards related to Conceptual Design Review. Staff recommended denial of the project; and WHEREAS, at their regular meeting on October 24, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and recommendation, and public comments, and recommended Council pursue negotiation for landmark designation for this "better/best" example of an AspenModem resource, with conditions. HPC approved Conceptual Major Development and Conceptual Commercial Design with conditions. The vote of the members was 3 to 1. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby finds that the property located at 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen, meets the designation criteria of Land Use Code Section 26.415.030.C.1. HPC supports Council negotiation for voluntary designation of this property only with the condition that the applicant is required to restore the original arched form of the ground floor windows. This restoration work is considered necessary to support a package of preservation incentives which include the following: 1. A free market residential floor area increase of 1,546 square feet, making the total free market floor area 3,046 square feet. The combination of the commercial floor area and 610 E. Hyman Avenue — AspenModern HPC Resolution 427, Series of 2012 the residential free market floor area will exceed what is allowed as a total development for the site by 692 square feet. 2. 10 years vested rights. 3. Growth Management affordable housing mitigation waiver for the 1.725 employees generated by the proposed 949 square feet of new net leasable space. (This waiver is available in the Municipal Code for all historic landmarks) 4. On -site parking waiver, and waiver of cash -in -lieu fee for the required 0.95 parking spaces generated by the proposed 949 square feet of new net leasable space. (This waiver is available in the Municipal Code for all historic landmarks) 5. Park Development and Transportation Demand Management mitigation fees generated by residential and commercial expansion. (This waiver is available in the Municipal Code for all historic landmarks) HPC hereby grants Conceptual Major Development and Conceptual Commercial Design Review approval with the following conditions: 1. HPC approves a full waiver of the required on -site Utility, Delivery and "Trash Storage Area with the condition that the applicant provides City Council with an acceptable written agreement for shared Trash Storage area amongst adjacent property owner(s) on Block 99, City and Townsite of Aspen. 2. The applicant must restudy the design of the new addition so the project does not exceed a maximum height of 38'. APPROVED BY THE COMMISSION at its regular meeting on the 24th day of October, 2012. )ay aytin, Vice Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 610 E. Hyman Avenue — AspenModern HPC Resolution #27, Series of 2012 • RECEPTION#: 597479, 03106/2013 at 10:09:49 AM, 1 OF 5, R $31.00 Doc Code ORDINANCE ORDINANCE #23 Janice K. Vos, Caudill, Pitkin County, CO (Series of 2012) EXHIBIT 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 610 E. HYMAN AVENUE, LOT M, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-182-12-004 WHEREAS, the applicant, 610 E. Hyman LLC, represented by Haas Land Planning, submitted an application on March 28, 2012, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety -day negotiation period for the property located at 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen; and WHEREAS, an AspenModern negotiation period ends 90 days after initiation unless extended by City Council. Council passed Resolution #119, Series of 2012 to extend this negotiation to February 21, 2013; and WHEREAS, Municipal Code Section 26.415.025.C(l)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building 'permit and the nature of the property. The property owner shall be provided notice of this meeting;" and WHEREAS, the property owner and representative met with the Historic Preservation Commission on May 23, 2012 and October 24, 2012; and WHEREAS, at their regular meeting on October 24, 2012, the HPC considered the designation and proposed development, found that 610 E. Hyman Avenue is a "better/best" example of the Modern style in Aspen, and found that the policy objectives for the historic preservation program stated at Section 26.415.010, Purpose and Intent are met. HPC recommended City Council ("Council") approval of Historic Landmark Designation and negotiation with conditions; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, Section 26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;" and Ordinance #23, Series of 2012 610 E. Hyman, AspenModern Negotation Page 1 of 5 WHEREAS, in addition to Historic Landmark Designation and benefits available to Landmarked properties subject to the Aspen Municipal Code, the applicant has identified preservation incentives that are requested as part of the AspenModern negotiation process; and WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met, with conditions. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1• Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen subject to the conditions described herein. The property owner shall have thirty (30) days from the date of adoption of this Ordinance to provide the City with written agreement to voluntary historic landmark designation and acceptance of the terms of this Ordinance. Otherwise, the Ordinance shall be considered null and void in its entirety. Upon the effective date of this ordinance, the City .Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2• Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following, with the conditions that the applicant is required to restore the building as represented in Exhibit F of the January 14, 2013 Council packet, and the applicant is required to pay Park Development Impact Fees and Transportation Demand Impact Fees for the proposed expansion. 1. A free market residential floor area increase of 1,546 square feet, making the total free market floor area 3,046 square feet. The combination of the commercial floor area and the residential free market floor area will exceed what is allowed as a total development for the site by 692 square feet, and Ordinance #23, Series of 2012 610 E. Hyman, AspenModem Negotation Page 2 of 5 • E 2. Waiver of the fraction of a parking space and the cash -in -lieu payment generated by the proposed expansion; and 3. Waiver of the on -site Utility/Trash/Recycling requirement generated by the proposed expansion based on a satisfactory written agreement to share Recycling and Trash Storage area with the property directly to the west (616 E. Hyman). A binding, recorded agreement, shall be reviewed and approved by the City Attorney's Office, detailing how the shared arrangement will function, including the size and type of trash and recycling bins that will be provided, how users of both buildings will have unlimited access to the facilities, and which waste hauler will provide services. In addition, there shall be a plan provided for exact placement and size of trash and recycling containers for both the 610 E. Hyman property and the 616 E. Hyman property, to be reviewed and approved by the Environmental Health Department; and 4. Waiver of mitigation for 20% of the 1.725 FTE (full-time equivalent) employees generated by the proposed expansion. A cash in lieu fee of $195,000, which is a 20% reduction of the mitigation calculation at the time of this Ordinance, shall be paid upon issuance of a building permit, in full satisfaction of all housing mitigation requirements for the final site specific development plan for the expansion project. Additionally the amount of the fee shall be adjusted based on the percentage change in the Consumer Price Index (CPI), all urban consumers, from the date of this approval to the date that the fee is paid. The applicant shall also have the option (rather than making the cash in lieu fee payment of $195,000 as set forth above) of mitigating for 1.38 (1.725 x 80%) FTEs by providing buy down units or Certificates of Affordable Housing Credit according to the requirements of the Municipal Code mi place at the time of building permit application, in full satisfaction of all housing mitigation requirements for the final site specific development plan for the expansion project. Section 3: Vested Rights The development approvals granted herein shall constitute a site -specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. 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 § 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. Ordinance #23, Series of 2012 610 E. Hyman, AspenModern Negotation Page 3 of 5 No later than fourteen (14) days following final approval by the Historic Preservation Commission, 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 Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, 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 five (5) 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: 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4• Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Ordinance #23, Series of 2012 610 E. Hyman, AspenModem Negotation Page 4of5 • Section 7: Public Hearing A public hearing on the ordinance shall be held on the loth day of December, 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 12'h day of November, 2012. MorMichael C. eland, ATTEST: athryn Koch, ity Clerk \ FINALLY, adopted, passed and approved this % � day i<, 2013. Michael C. Ireland, Ma or APPROVED AS TO FORM: James R. True, City Attorney Ordinance #23, Series of 2012 610 E. Hyman, AspenModern Negotation Page 5of5 00 EXHIBIT 7 Ar—` » PU B ;PUB P �« .. SPUD i JD 0 SCI PUD 5 - «. df E Drain/Trans .; ..� & / J' ' c"� R I Fw 4f r. Cc) PUB �.,.� �r 1E„ . PC .. P :� . '�► y.: NC NT AVr PUD CHARLES CUNNIFFE ARCHITECTS 7mr° yo LP co h _ems R. •-%*a 1 j VICINITY MAP 610 E. H YMA N AVE. ASPEN, COLORADO FINAL HPC 22 APRIL 2014 =XH I BIT 8 r•Ic 0 10 20 U.S. SURVEY FOOT 0 9164. SOUTHEAST CORNER BLOCK 94 EASE N YEA N Ay pp 7q 5p RECORD R N rj 0 R HORIZONTAL CONTROL LEGEND AND NOTES C FOUND OR SET SURVEY MONUMENT AS DESCRIBED ❑ UTILITY BOX e SURVEY CONTROL TITLE INFORMATION FURNISHED BY: PI TKIN COUNTY TITLE. INC. CASE NO PCT23115W EFFECTIVE DATE. MARCH 7, 2012 BEARINGS BASED ON THE SOUTHEAST CORNER OF BLOCK 94 (919I) AND THE SOUTHEAST CORNER OF BLOCK 99 (9151) IN 75.09'II'R) METAL FENCE ® MANHOLE POSTED ADDRESS: '610 EAST HYMAN AVENUE' CERTIFICATION THE MERS STnTES THAT THE PROPERTY OESCRISEC HEREON WAS FIELD SURVEYED OURIM6 &I,* AND IS ACCURATE BASED ON THE FIELD EVIDENCE AS SHOWN. AND THAT THERE ARE NO DISCREPANCIES OF RECORD, BOUNDARY LINE CONFLICTS. ENCROACHMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME EXCEPT AS SHOWN. UNDERGROUND UTILITIES WITH NO ABOVEGROUND APPURTENANCES. A1D IS V •. ORO NO? SUPPLIED TO THE SURVEYOR ARE EXCEPTED. THIS SURVEY TAHPED WITH THE SEAL OF THE SURVEYOR BELOW D 25947 *%HJ�0 - IMPROVEMENT SURVEY OF LOT M. BLOCK 99. CITY AND TOWNSITE OF ASPEN CITY OF ASPEN. COUNTY OF PITKIN STATE OF COLORADO AREA: 1. 001 SO FT I. 0.069 ACRES . PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 TP�HONE/FAX 19701 925-3816 1{I11 21ow 0 EXHIBIT 9 ATTACHMENT 2 - Historic Preservation Land Use ApiRWEIV D A 222014 PROJECT: :..... CITY OF ASPEN Name: & 10 (_ Location: G It'J E• l-1r^wto�►n Mnn4L, /ke;'Fe 24A,� 7-cwm &, i 4r, (Indicate street address, lot & bl k number or metes and bounds description of property) Parcel ID # (REQUIRED) 2-737-I&Z- 1Z -00+ APPLICANT: Name: (o 10 I✓ ,1-i',yy'h3'^, j LG "/o G W&HCA� C:U H H i Address: lnID E, I wt AYdn,ue,,,A.,r pto, Cp 81(olI Phone #: 0V0- 9 ZS-55 0 Fax#: q`10- `25 -5cr7tp E-mail: G6r1e;5QC44hr►i REPRESENTATIVE: Name: -JaYW'el— t i&r -I m 4oyl DIr P_' rl o LA W GST Address: 2nvinr eziwK .Co Phone #: 6 0-01z,9-rGgC Fax#: g70-9Z5- G07(0 E-mail: arlla Ci3oct�H� co►�n TYPE OF APPLICATION: (please check all that a Z Historic Designation ❑ Relocation (temporary, on ❑ Certificate of No Negative Effect ❑ or off -site) ❑ Certificate of Appropriateness ❑ Demolition (total ❑ -Minor Historic Development demolition) -Major Historic Development ❑ Historic Landmark Lot Split ❑ -Conceptual Historic Development -Final Historic Development -Substantial Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) E I fit- t,4 toe e k u i tcli , (e� ►a(pl) wi'f-k ay)orl-ll�q�oru 9a^�` l�arpo�F oK 44 ,aQ!c� s;d L, hu i 1-E- li^ 2003. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) L aKJ w+ar-k besi5llaAaA aKd r-tmoddl cow pt"4in� � a -two- 4-�orv� a �Jd1 � t" a bove, +tkz ►n cm -lit y 4vri c o-a-r-�%ar pori' Aspen Historic Preservation Land Use Application Requirements, Updated: May 29, 2007 EXHIBIT 10 Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) LO �. [. 'arkTaL � ua-ftor+ /►� e�rA°Vele� 1^�P.vlt- F' H � �tOE�H-v,wt9►n.Lt,.G �oCkerl�Z CilhNi ceL0 Le, Hu1ti+ LA AVenu ,, A*M, W G - 1 3.00D �u.. (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: S/'715 9Proposed.- 4-1? 1 i 5 Number of residential units: Existing: 1 Proposed: Number of bedrooms: Existing: Proposed: 2 *'Dwt-iv LuG AtmaoAWaQ%4-rae gCrw-,j sub Space + cou Proposed % of demolition: Te tV DIMENSIONS: (write n/a where no requirement exists in the zone district) Floor Area: Existing.-!"4,,1714NIlowable:24 1 Proposed: tv/6W Height Principal Bldg.: Existing: 2'? - `l- Allowable: 3Co Proposed: 38 (40 1For- t; leva� Accessory Bldg.: Existing: P/A Allowable: N/A Proposed: NIA On -Site parking: Existing: 3 Required: Z,? Proposed: 3 % Site coverage: Existing: df O % Required: WA Proposed: No C (1"+c » it % Open Space: Existing: f % Required: N /A Proposed.• Front Setback: Existing:10 Required: WA Proposed:)�nCA'a�V Rear Setback: Existing: OOh 1L Required: N/A Proposed: NO C-13A C Combined Front/Rear: Indicate N, S, E, W Existing: AIA Required: N/A Proposed: WA Side Setback: Existing: NIA Required: NIA Proposed: KIA Side Setback: Existing: N/A Required: N/A Proposed: N/A Combined Sides: Existing: N/A Required: N/!C Proposed: N/A Distance between Existing: N/A Required: P/A Proposed.• 14/A buildings: Existing non -conformities or encroachments and note if encroachment licenses have been issued: NVIAC., Variations requested (identify the exact variances needed): .Jd 416va l Coy► w4rr.�al ayvc1 Frame Marka-4 ;3zsi ern al FApt,,4e4 Lep5ab)a "W ff?"U7 Aspen Historic Preservation Land Use Application Requirements, Updated: May 29, 2007 EXHIBIT 11 Date: April 22, 2014 Project: 610 E, Hyman Avenue, Aspen, CO 81611 Legal Description: Lot M, Block 99, City and Townsite of Aspen, P.I.D. # 2737-182-12-004 Project Description: This HPC Final Design Review for Voluntary Landmark Designation/Aspen Modern Negotiation anticipates partial demolition of the non -historical rear portion of the existing building to accommodate the proposed two-story addition over the garage and interior remodeling, An elevator will be added to make the building ADA compliant. The Upper Level will be additional commercial space, plus remodeling of the existing studio apartment into two bedrooms with expanded bath/dressing areas. The Existing Roof Level will be a new Living/Dining/Kitchen to create a more livable Free Market Residential Unit. The existing stairway will be replaced by two independent stairways that surround the elevator and utilize the existing courtyard, thus providing private access to the two primary uses. The Recycling/Trash Storage Area agreement with 616 E. Hyman Avenue is in place and the height of the Rooftop addition is limited to 38 feet relative to the Hyman Avenue sidewalk and alley grades. The Free Market Residential Unit total floor area, including non -unit and deck area, is now 3,045.7 sq. ft., which is within the conceptual approval of 3,046 sq. ft. The combination of commercial floor area and residential floor area is now 688.3 sq. ft. over what is allowed over the total development for the site, which is within the conceptual approval of 692 sq. ft. Following is our response to the requirements of the City of Aspen Historic Preservation Guidelines, Chapters 1 through 11. Chapter 1: Streetscape and Lot Features 1.11 Preserve and maintain mature landscaping on site, particularly landmark trees and shrubs. Response: The very large cottonwood tree on the parkway and the very large spruce tree in the open space facing the street will be preserved and maintained. The only other planting is in the annual flowers in the light well in the open space and flanking the entry doors. 1.13 Revisions or additions to the landscape should be consistent with the historic context of the site. Response: A rooftop garden is proposed to be added on the existing roof as part of the new deck for the addition. Page 1 of 5 LI i Site Lighting 1.15 Minimize the visual impacts of site lighting. Response: No site lighting is being proposed. Chapter 2: Historic Building Materials Treatment of Materials 2.1 Preserve original building materials Response: The original red brick and stucco will be maintained and the stucco color will be returned to the original white as required by the HPC. 2.2 Protect wood features from deterioration. Response: Not applicable 2.4 Brick or stone that was not painted historically should not be painted. Response: The existing historic brick fagade will be preserved. Repair of Materials 2.6 Maintain masonry walls in good condition. Response: The original mortar will be preserved and repaired as needed. Chapter 3: Windows Treatment of Windows 3.1 Preserve the functional and decorative features of a historic window. Response: The windows on the historic fagade have been replaced and modified by a previous remodeling, which have been approved by HPC on the conceptual review. They are bronze aluminum clad wood windows. 3.2 Preserve the position, number and arrangement of historic windows in a building wall. Response: See note above. Energy Conservation 3.8 Use a storm window to enhance energy conservation rather than to replace a historic window. Response: The existing historic fagade windows have insulating glass. Page 2 of 5 0 • Chapter 4: Doors Treatment of Existing Doors 4.1 Preserve historically significant doors. Response: The entry doors in the historic faqade were replaced in a previous remodeling, which has been approved in the HPC Conceptual Review, Energy Conservation 4.6 If energy conservation and heat loss are concerns, consider using a storm door instead of replacing a historic entry door. Response: The existing replacement doors have insulating glass. Chapter 6: Architectural Details Treatment of Architectural Features 6.1 Preserve significant architectural features. Response: The original arched openings at the Upper Level of the historic street faqade will be preserved as well as the original red brick veneer. 6.4 Repair or replacement of missing or deteriorated features should be based on original designs. Response: The arched windows at the middle level of the street fagade, which were part of the original building design, were replaced by rectangular windows in 2001. These will be removed and the arched windows will be put back as required by the HPC Conceptual Approval. The stucco around the windows will be repaired and all stucco will be returned to the original white color. Chapter 7: Roofs Treatment of Roofs 7.1 Preserve the original form of a roof. Response: The original roof is flat and is set behind the brick and stucco arcade. The proposed addition will preserve the portion toward the street and the back portion will become a deck for the proposed roof top addition as shown on the drawings. 7.3. Minimize the visual impacts of skylights and other rooftop devices. Response: The tilted portion of the roof for the proposed roof top addition will screen the skylight, elevator penthouse and mechanical equipment fence from view at the street level. Page 3 of 5 E Materials 7.8 Preserve original roof materials. Response: The original flat roof on the forward portion is a built-up system that has been upgraded and is not visible from the street level. 7.9 New or replacement roof materials should convey a scale, color and texture similar to those used traditionally. Response: The proposed roof for the rooftop addition, at the back half of the lot, will be a membrane roof material which will not be visible from street level. Chapter 10: Building Additions New Additions 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. Response: The proposed addition is at the rear of the lot and will be easily distinguishable from the historic building. Much of the lower floors will eventually be covered by the redevelopment of the adjacent properties. 10.4 Design a new addition to be recognized as a produce of its own time. Response: The proposed addition will definitely be recognizable as a contemporary design. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. Response: The proposed rooftop portion of the addition is in compliance with the Aspen LUC and C-1 Zone District and is at the rear half of the site. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. Response: See note above. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. Response: The new addition will use stucco that matches the historic street fagade, but will use C.M.U. painted a neutral gray color to be subordinate to the original red brick. The roof fascia and window/door frames will be dark bronze to match the street fagade. Page 4 of 5 • • Rooftop Additions 10.12 When constructing a rooftop addition, keep the mass and scale subordinate to that of historic building. Response: As stated above, the rooftop addition will be at the rear of the lot and will not compete with the historic street fapade. 10.13 Set a rooftop addition back from the front of the building. Response: See note above. Chapter 11: New Buildings on Landmarked Properties Architectural Details 11.9 Use building components that are similar in size and shape to those of the historic property. Response: The building components of the proposed addition are not intended to emulate the historic building, but be subordinate and distinguishable from it. Page 5 of 5 0 • EXHIBIT 12 G u if co Ltd. 1110 Bast I lyman, Aspen, Colorado 81611 • (970) 925.2,195 Madirl Flug Chnlrman November 30, 2012 Amy Guthrie 130 S Galena Street Aspen, CO 81611 Re: Trash/Recycling Agreement for 616 E. Hyman Avenue and 610 E. Hyman Avenue, Aspen, Colorado 81611 Dear Amy, This letter Is to confirm that the Owners of 616 E. Hyman Avenue and 610 E. Hyman Avenue have a cooperative agreement for their trash and recycling services. The trash receptacle is behind 616 E. Hyman Ave.; this trash service is shared with 610 E. Hyman Ave. The recycling bins are behind 610 E. Hyman Ave.; the recycling services Is shared with 616 E. Hyman Ave. Please let us know If you require additional information. Sincerely, Steven Ferrell Gulfco, Ltd. �► 9 �� LOWER LEVEL PLAN G '/6" • 1-0', BASEMENT LEVEL PLAN U va' - 0.. I I I I I I 0 I I I www.cunniffe.com ROOF / SITE PLAN - LOT M ROOF LEVEL PLAN UPPER LEVEL PLAN 1'-0„ LEGEND 4?- ;N PROPOSED NET LEASABLE / LIVABLE AREA Commerical Residential Commercial FAR/ Residential Net livable Net leasable/Livable Net Leasable Net Livable Basement S.F. 910.1An4.5 526.2.1,581.5+969.3= 3,063.4 3,063.4> 1, 999.4 Lower Level S.F. 1,364.6 1,999.4 1,999.4 Main Level S.F. 1,471.0 Upper Level S.F. 977.8 Roof level S.F. 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Ex15TIN6 PAR ____ , �}�\ LPROPOSED Ex6 ROOF � ex RED BRICK EX'6 STUCCO I PROPOSED UPPER BALK YUV.L OP Ex'6 BUILDING ORTLINE OF EX-6 ADJACENT BUILDING OVT-IK OF PROPOSED ADIAEENT BVILDIH6 MAIN �EX5TIN6 EL!ELI04�'- '___•—___ _ EX15TING ENTRY ,TT Ex15TING LOVER �- LEVEL - _ - - - - - - - - - - - - - - - EXISTINIS BASEMENT EL.• PROPERTY LINE I` EAST ELEVATION -� MELN. ..TO MATTO.CH SNLLO COLOR I P�T�F�E �. EL •�I 3'-II' :19PROP_S0L5ED -- EL p'-0'� . TD. PROP05ED AR FA Iw� LINE OP DUACENT — PROPOSED BUILDING ANOp. ALM1. FASCIA TO MATCH WIHOOVIS BRONZE ANOD. ALUM. WINDOWS L MU - PA- TD. Ex15TIN6 yy RAE/EL.• IOt-4-_LGLO �_A_"4_ PV ANOD. _ — ALL". FEATLRE SANDS w .cunniffexom LICE OF ADJACENT EXIST ttLS WID- 50- HIGH PLANTER W 5TKL0 TO MATCH EXISTING Ex'6 STUCCO PROPOSED LPPER l E 114'-0'�J ''^^ vl U LU EXISTING MAIN Le✓EL TI— 2 EXISTING ENTRY EVEL Q EL.•-100'-O' w F - -- -- -- LExt5TIN&6AR8AGE LL - z Z OU EXISTING LO✓+Er2 LE;_._� � Z lU) SOUTH (HYMAN AVE.) 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FASCIA TO MATCH WINDOWS / \ BRONZE ANOD. � / ALUM. WINDOWS U STUCCO 1N/ ANOD. w ALUM. FEATURE BANDS T.O. EXISTING = PARAPET � U EL = 12'7'-4" .M.U. - PAINT Q E w0 U 30" ELEVATED ROOF LL PLANTER STUCCO LL "c TO MATCH EXISTING z U EX'G RED BRICK z U W J U EXISTING UPPER LEVEL -- -- -- - -- -- - EL = 114'-8" EX'G STUCCO - z PAINT ORIGINAL WHITE J REPLACE EX'G AWNINGSLu WINDOWS W/ ARCHED m z O WINDOWS TO REPLICATE LLJo ORIGINAL DESIGN z Q z C O G � O _ �w w Q 0 EXISTING MAIN Q 70 _ LEVEL _ w0 EL = 104'-8" DATE STREET ELEVATION EXISTING ENTRY LEVEL EL = 100'-0" A3.2 11411 . -011 may\ T��4E.yPROPOSEp I _ Y cLPROP•oSED � NEry PROPOSED Exb ROOF PROPOSED UPPER E%15TIN6 MAIN ALLEY NORTH DECK RESIDENTIAL KITCHEN POWDER RGOM I�► I PROPOSED NEI'1 FASCIA _ PROPOSED ExG ROOP Ai�QN_ PROPOSED UPPER [L.• 114=8' x rv*lAR - EL• 98'-II' NEW OFFICE M7 INTER5TiT SPACE EXISTING GARAGE EXISTING BASEMENT VESTIBULE ELE—Tr PROPOSED NEW EL.• ISp'-O• I SOUTH DECK I I X15Ti PARAPET ______.____. _ns'_* [tEXI5��TI++N�6-eel EL.. 124'-D' www.cunniffe.com EXISTING OUTDOOR I BATH RESIDENTIAL BEDROOM ROOM Ex15TIN6 UPPER __._—___._—___._—__-4EEL Gu VJ cR EXISTING OFFICE EXISTING OFFICE EKIErlNG OFFICE EXISTING OFFICE KLL U �xx W LL EXISTING MAIN E%ISTIN6 ENTRY 'H iSIOEwALK STREET _ _Le�PL � D' EL.• 100'-O' EXISTING OFFICE EXISTING OFFICE EXISTING OFFICE w LL EXISTING LOSER Z e 1 �� I BUILDING SECTION C/) 6' I _ I w ui I I 7RESIDEN I I Z PANTRY STAIR SOUTH DECK w / Ex15TtN6 RODE LU �\ I cZ LU Q0 ADA TOILET SIDE DRESSING RESIDENTIAL BEDROOM EXISTING DECK c 2 0 STAIR \\LL /I I Na EX15TIN6 UPPER (n J;AIESIDENII'AL EEwO\ EXISTING OFFICE EXISTING OFFICE STING OFFICE j co � . EXISTING MAIN }� RESIDENTIAL -- -EL.• IO4'-B' DRAWING: T EMRY POT'ER &IILDING SEGTIOICs • SIDEWALK STREET EXISTING ENTRY ISSUE: DATE: --------E�.o- FINAL HPC 01!27111 EAST STAIR EXISTING OFFICE EXISTING OFFICE j OFT�jE%SING LOSER I F_. EL. ,pBNO. 0832 jSHEET NO. F71=1 (DBUILDING SECTION gib" j A4.1 I i EEovnecN, dAR6 nNf+f wo1RPs 1 'hot • i �Jf r ! , ♦ i L a AV M.. yif AnK MT' ,•w_ _ '•. 1F Ix. .r '� ,i,St'•'st3 C W . .�..-�.^,-+ +! r.^ � (!, N� •yR { .riti ,�.,�'•,� ` � 0a.s r. � b�cti ems! s"µ� Yry•• �-__� 1,`+ ���5,. ei,ff: , i:.t �Y� .,a lb TIII rr drilf�'4 ` �. ,. ��1N •.G��...:F • ti v '+^+ 'i� S� +�. .� �i a.y'aY ,�,M7_ f►.�` ""ram � •i��2' Y' a .�I! i5F Y •�,� - •' .�- f r.C-`ram j� � ��' iF`*V . � Hyh: t .A/!,-.�Gf��' t. _ •�•YI•�•�.7 •r<' It" S t+ -v�,-'•c. ,��_ •.,1 y. ,Ci ,� ... " G� r v. • �1'?R Y�R ' Jl.. �t 1 t i -cL'�'4 •� .i ^.� �.� -c'�: .yam h ��n'�`,�FR }- �.>,- �yc�` s�J4- -• 610 EAST HYMAN - PROPOSED PERSPECTIVE AT ALLEY NO SCALE w .cunniffe.com w Q w LL _ LL z Z a z Ua w J a z Q i 2 U w Z_ 0 _J w Z) z p m j Z a a �o Z _ U)a � �a 0 Q cn w 0 DRAWING: PROPOSED d.'ILDING ISSUE: DATE FINAL HPC 0422/14 JOB NO. 0832 SHEET NO. A5.4 0 0 EXHIBIT 15 all roof -top mechanical equipment located at middle rear of roof and surrounded with louvered metal fence - match stucco color MATERIAL SELECTIONS: MECHANICAL SCREEN [Am 610 E. HYMAN AVE. IN12 ASPEN, COLORADO FINAL HPC CHARLES CUNNIFFE 22 APRIL 2014 ARCHITECTS dark bronze metal fascia casement windows - clad exterior, wood interior sliding doors similar MATERIAL SELECTIONS: FASCIA / WINDOWS + SLIDING DOORS [Am610 E. HYMAN AVE. 1912 ASPEN, COLORADO FINAL HPC CHARLES CUNNIFFE 22 APRIL 2014 ARCHITECTS I 1 0 e i painted C.M.U. to match color of existing stucco on alley MATERIAL SELECTIONS: PAINTED C.M.U. / EXISTING STUCCO ON ALLEY [ME 610 E. HYMAN AVE. 1912 ASPEN, COLORADO FINAL HPC CHARLES CUNNIFFE 22 APRIL 2014 ARCHITECTS I D DAD D DDGDf C;DDC DDDDDDDDD�D�Lu �� D� EXISTING GARAGE DDL>DD�- D D INON-UNIT D I> D AREA 406.9 S.F. D D I; D D D r> D D>1 I>DD . DEEFD D D D EXISTING CARPORT D D D D D NON-UNIT!D D D D L> ARE, 448.8 S'.F. r, D DD DDDL>D D L" C DDDL, DDDC I> D�. r r. TOTAL WALL AREA = 66.q 5.F. 3'-0" EXPOSED. BELOW GRADE EXPOSED AREA = 22.5 S.F. TOTAL WALL AREA = 104.7 S.F. a Q 3'-O.. EXPOSED, F ELOW GRADE EXPO5ED AREA = 34.01 S.F. i > HIGH CEILING ABOVE BASEMENT BELOW COMMERCIAL STORAGE J .9 N (V TOTAL WALL AREA (VIRTUAL) = ---/ 202.5 S.F. 3'-0" EXPOSED AREA (VIRTUAL). BELOW GRADE EXPOSED AREA S.F= 61.5 . TOTAL WALL AREA = 483.2 5.F. Iq NO EXPOSED AREA. BELOW GRADE EXPOSED AREA = 0 S.F.Aft I - 45.5 If - ®II I I MTwltTAIR EXISTING EXISTING OFFICE LIGHT WELL COMMERCIAL COMMERCIAL BELOW AREA 1,553.9 S.F. L- IT NON -UNIT I AREA 13.2 S.F. MAIN LEVEL PLAN II'-7 5/5 " VIRTUAL 44'-1 1/I6 " BASEMENT BELOW COMMERCIAL AREA 1,473.5 S.F. EXISTING OFFICE COMMERCIAL NON -UNIT AREA 240.5 S.F. _ x EXISTING MECHANICAL r 53'-1" TOTAL WALL AREA = 401.5 S.F. 3'-0" EXPOSED. BELOW GRADE EXPOSED AREA = 135.8 5.F TOTAL WALL AREA = 62.53 S.F. 3'-01, EXPOSED. ? BELOW GRADE EXPOSED AREA = 20.54 5.F. TOTAL WALL AREA = 144.Iq 5.F. 6'-0" EXPOSED. ELOW GRADE EXPOSED AREA = g6.125 S.F. EXISTING LIGHT WELL "**NOTE: TYPICAL q'-O" CEILING AND FIN. FLOOR 6'-0" BELOW GRADE AT LOWER LEVEL TOTAL WALL AREA = 62.53 S.F. 3'-0" EXPOSED. ---,-TOTAL Y1 BELOW GRADE EXPOSED AREA = 20.84 5.F. TOTAL WALL AREA = 482.25 S.F. 3'-0" EXPOSED, LOWER LEVEL PLAN BELOW GRADE EXPOSED AREA60.15 S.F. 1/8.. - 1' - 0" 25'-II 1/4 " C-I i Is ELEVATOR ROOM NON -UNIT D> AREA 25.3 S.F. r m C3 to TOTAL WALL AREA = 14q.q S.F. u _ NO EXPOSED AREA. BELOW GRADE EXPOSED AREA = O S.F. EXISTING COMMERCIAL STORAGE it O O COMMERCIAL ❑ ELEV R AREA 1,020.4 S.F. NON-UNI UNEXCAVATED 13 AREA 45.5 S.F. TOTAL WALL AREA = q1.5 S.F. = NO EXPOSED AREA. BELOW GRADE EXPOSED AREA = 0 5.F. ...NOTE: TYPICAL 10'-6' CEILING AT BASEMENT LEVEL a TOTAL WALL AREA = 164A 5.F. NO EXPOSED AREA. BELOW GRADE EXPOSED AREA = 0 S.F. TOTAL WALL AREA = 2g4.0 S.F. NO EXPOSED AREA. BELOW GRADE EXPOSED AREA = 0 S.F. TOTAL WALL AREA = 3010.8 S.F. NO EXPOSED AREA. BELOW GRADE EXPOSED AREA = 0 S.F. LEGEND COMMERCIAL FA.R. RESIDENTIAL F.A.R. NON-UNITAREA AREA DENOTES AREA OF DECK WALL AREA TABULATIONS LOWER LEVEL: TOTAL WALL AREA = 1,526A S.F. EXPOSED WALL AREA = 551.055S.F. AS EXPOSED WALLS = 36.45% OR 0.5648 BASEMENT LEVEL: TOTAL WALL AREA = 1,514.1 S.F. EXPOSED WALL AREA = 0 S.F. 5G EXPOSED WALL5 = 0% 1 BASEMENT LEVEL PLAN �m I r,-\, ROOF / SITE PLAN -LOT M l/8" - 1'-Q" 5 ROOF LEV6� PLAN FA:11? i � » ...........................:.......:. 1 LI l 9 OFFICE #1 EXISTING DECK EN OR RESIDENTIAL DECK AREA 394.6 S.F. COMMERCIAL R 45. S. AREA 944.0 S.F. - RESIDENTIAL }}}}}T AREA 1,194.7 S.F. on EXISTING APARTMENT OFFICE #2 1 F-1- 7 OMMERCIAL TOP OF 5TAI EXEMPT = _ NON -UNIT NON -UNIT AREA 14.1 S.F. AREA 5.6 S.F. UPPER LEVEL PLAN PROPOSED FLOOR AREA CALCULATIONS Proposed Floor Area Commerical Floor Area Total FAR Allowable Floor Area (1.5:1) FAR 3,063.4 4,500.0 Non Unit 579.2 Deck Area 0.0 3,00.0 4,500. FAR Area Non -Unit Space Floor Area Gross Commercial Residential %Exposed Total Gross Commercial Residential %Exposed Total FARTotals Deck Area Gross Gross FAR Free Market Floor Area Total FAR FAR 2,300.8 Non Unit 265.5 Deck area 479.4 3,045.7 Basement 1020.4 Lower Level 1,473.5 Main Level / Garage Level 1,702.0 Upper Level 2,138.7 Roof Level 986.0 1,020.4 1,473.5 0.0 0.0 0.0001/o 36.48% 0.0 537.5 70.8 0.0 0.0 0.000% 0.01 (915.5- 250) 665.5 456.3 209.2 100.00% 286.0 71.5 32.8 36.48% 19.8 65.1 44.6 20.5 100.00% 9.8 6.7 3.1 100.00% 0.0 641.9 2,367.5 2,203.8 995.8 0.0 0.0 0.0 394.6 541.7 Allowable Floor Area by City Council Resolution 3,046.0 3,046.0 1,581.9 120.1 100.00% 1,702.0 Total Building FAR FAR Non Unit FAR Deck FAR Commercial FAR 3,063.4 579.2 0.0 3,642.6 Residential FAR 2,300.8 265.5 479.4 3,045.7 944.0 1,194.7 100.00% 2,138.7 0.0 986.0 100.00% 986.0 Total 7320.6 5,019.8 2,300.8 Total 1,097.2 579.2 265.5 844.7 844.7 936.3 Building Area Total 15,364.21 844.71 1 479.41 1_ 0,000.* rAK FAR Total n/a 3,063.4 2,300.8 5,364.2 ptlacatedNon-Unit Space 100.D0% 68.57%F 32.43%1 1 68.57% 31.43% Zoning Analysis Use -Specific Deck Area Deck Area Gross Commercial Residential Total FARTotals Lot Area S.F. 3000S.F. Allowable Deck Area 1125 668.1 456.9 1,125.0 Allowable Total FAR Floor Area (2.5:1) 7500 S.F. 7,S00.0 Actual Deck Area 936.3 0.0 936.3 936.3 Allowable FAR for Commercial (1.5:1) 4500 S.F. Non -Unit Deck Area Allowable FAR for Residential (Resolution) 3046 S.F. Gross Commercial Residential Allowable Deck Area Total Allowable Deck Area (7500x 15%) Allowable Carport/Garage Area Exemption 1125 S.F. 250 S.F. 1,125.0 Actual Deck Area 0.0 0.0 0.0 Actual Deck Area Totals 0.0 936.3 Addlt%nil FAR 0.0 479.4 479. IT 13 No No www. cu n n iffe. co r co Lij I- 2 ) LL LL LL z z D U CI) W � U V z 0 W z Q 2 V J w C) cD r` LO L0 v 0 CV O r` Cr) 0 M Lq ui CV rn CD r` rn J W I- 00 O O 2 LU d to Q Uj Q z Q W LU Cfl w Z Q wo Q Qo :E O >- U = Z ~ w Q U) CD wQ DRAWING: F.A.R. OALCULATION5 ISSUE: DATE: FINAL HPC 04/22/14 JOB NO. 0832 SHEET NO. AO.2 0 0 MAIN LEVEL PLAN 0 LOWER LEVEL PLAN I BASEMENT LEVEL PLAN i/8„ - 1, _ 0„ ROOF / SITE PLAN —LOT M ,/8..=1._0., ROOF LEVE* PLAN 1/8'. - 1'-0" UPPER LEVEL PLAN PI LEGEND COMMERCIAL NETTLEALEASABLE RESIDENTIAL NET LIVABLE NON UNIT AREA PROPOSED NET LEASABLE / LIVABLE AREA Commerical Residential Commercial FAR / Residential Net Livable Net Leasable / Livable Net Leasable Net Livable Basement S.F. 910.1 0.0 526.2+1,581.5+969.3 = 3,063.4 3,063.4 > 1,999.4 Lower Level S.F. 1,364.6 0.0 1,999.4 1,999.4 Main Level S.F. 1,471.0 40.1 Upper Level S.F. 977.8 1,044.8 Roof Level S.F. Total 0.0 4,723.5 914.5 1,999.4 www. cu n n iffe. cl I- LO C� CD 0 N O U W U Lq Lq ry Q W w H LL Z co Z o � Z U a 1) v! Q ui ui Q • z a Q 2 U w CD _Z 0 —� w D z O >� Z a Q a-j r =z _ �n � wQ 0 Q co w O co I DRAWING: NET LEASABLE / NET LIVABLE ISSUE: DATE: FINAL HPC 04/22/14 JOB NO. 0832 SHEET NO. A0.3 �J EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: J E , OaaLAAVVA hot t(A(4 t,' , Aspen, CO SCHEDULED PUBLIC HEARING DATE: se+4 .+M bar 2; , 20 IQ - STATE OF COLORADO ) ss. County of Pitkin ) I, Janv" Vexyi n.g-{- _ _ (name, please print) being or representing an Applies cant 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. _Y/�Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the4l-Nn day off_ , to and including the date and time 20 of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: ' Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) • • Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ianowl ure The foregoing "Affidavit of Notice" wasedged before Z this day of 5gg4• A►� , 20 IL, by —T'4Ky4v- s Date: Wed, Sept. 24, 2014 Lime: 5:00 p.M. L�a.�.6�Aspen City..Hali, �9f1S _. Gatene SUVC11 Purpose: HPC _Will. review Final Major, Development and Commercfal Design Applicant is _ 610 E,Hymen LLC aRC�P n Cra:,. Gunnlffe,til0 E.Hy 81811 fheprol t is an adcWon On E top or an exmUn4 car}wrt, 01191/._ expensbn of an exl5Ung msionUal Unit a, alto i dons to the front facade For further Infomtation gontaot Aepex+. 9T0-029175a WITNESS MY HAND AND OFFICIAL SEAL My commission expires: `. — . -,- IZ:- <-) A /� Notary Public TONI ROSE "s la SWERSKY ATTACHMENTS AS APPLICABLE: UBLICATION Coir OF THE POSTED NOTICE (SIGN) kk Cmftim EOU 08l2015 WNERS AND GOVERNMENTAL AGENCIES NO TICED I TIFICA TION OF MINERAL ESTAE OWNERS NOTICE Y C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: 610 E. HYMAN AVENUE- FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, September 24, 2014 at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by 610 E. Hyman, LLC, c/o Charles Cunniffe, 610 E. Hyman Avenue, Aspen, CO, 81611. The project affects the property located at 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen, Colorado, PID#2737-182-12-004. The applicant requests Final Major Development and Commercial Design review for an addition on top of an existing garage/carport, expansion of an existing residential unit, and alterations to the front fagade of the building. For further information, contact Amy Simon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy.simon@cityofaspen.com. s/Jav Maytin Chair, Aspen Historic Preservation Commission Published in the Aspen Times on September 4, 2014 City of Aspen Account PUBLIC NOVICE Date: Wed., Sept. 24, 2014 Time: 5:00 p.m. Place: Aspen City Hall, 130 S. Galena Street Purpose: HPC will review Final Major Development and Commercial Design. Applicant is 610 E.H man LLC,c/o Charles Cunniffe,610 E.Hyman, Aspen, CO, 8161 1.The project is an addition on top of an existing garage/carport, expansion of an existing residential unit & alterations to the front facade. For further information contact Aspen Planning Dept. at 970-429-2758. Use Avery® TEMPLATE 51600 • 1-800-GO-AVERY • � luV 308 HUNTER LLC 4 SKIERS LP 514 AH LLC 490 WILLIAMS ST 1108 NORFLEET DR 514 E HYMAN AVE DENVER, CO 80218 NASHVILLE, TN 372201412 ASPEN, CO 81611 517 EAST HOPKINS ASPEN LLC 520 EAST COOPER PTNRS LLC 530 HOPKINS LLC 2001 N HALSTED #304 402 MIDLAND PARK 5301/2 E HOPKINS CHICAGO, IL 60614 ASPEN, CO 81611 ASPEN, CO 81611 630 EAST HYMAN LLC 633 SPRING II LLC 633 SPRING SECOND FLOOR LLC 532 E HOPKINS AVE 418 E COOPER AVE #207 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 635 E HOPKINS LLC ALPINE BANK ASPEN ASPEN ART MUSEUM 532 E HOPKINS ATTN ERIN WIENCEK 590 N MILL ST ASPEN, CO 81611 PO BOX 10000 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 ASPEN BLOCK 99 LLC ASPEN CORE PENTHOUSE LLC ASPEN CORE VENTURES LLC 532 E HOPKINS AVE 0133 PROSPECTOR RD #4102B 418 E COOPER AVE #207 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN PLAZA LLC ASPENHOF CONDO ASSOC ASPENHOF CONDO ASSOC PO BOX 1709 520 E COOPER AVE 600 E HOPKINS AVE #203 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 AUSTIN LAWRENCE CONNER LLC AVP PROPERTIES LLC BASS CAHN 601 LLC 532 E HOPKINS AVE 630 E HYMAN AVE #25 PO BOX 4060 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 BATTLE GERALD LIVING TRUST BAUM ROBERT E BERN FAMILY ASPEN PROPERTY LLC HIXON BURT LIVING TRUST PO BOX 1518 PO BOX 8020 PO BOX 2847 STOCKBRIDGE, MA 01262 GARDEN CITY, NY 11530 NEWPORT BEACH, CA 92659 BG SPRING LLC BIG HOPKINS LLC BISCHOFF JOHN C 300 S SPRING ST #202 421 N BEVERLY DR #300 565 CITRUS AVE ASPEN, CO 81611 BEVERLY HILLS, CA 90210 INPERIAL BEACH, CA 919321111 BOOGIES BUILDING OF ASPEN LLC BORGIOTTI CLAUDIO BOULANGEE ERICA C/O LEONARD WEINGLASS 10509 HUNTING CREST LN PO BOX 2596 534 E COOPER AVE VIENNA, VA 22192 ASPEN, CO 81612 ASPEN, CO 81611 AM3AV-09-008-1 4p0915 3MdW31®tiaAd asB ®09Ls @AH3AV Q wo3Aj0Ae•MMM 6ul;ulJd 88a3 uief Use AveryO TEMPLATE 5160E CHATEAU ASPEN CONDO ASSOC 630 E COOPER AVE ASPEN, CO 81611 CJAR LLC 2514 LAKE MEAD DR LAFAYETTE, CO 80026 COX JAMES E LIVING TRUST 3284 SURMONT DR LAFAYETTE, CA 94549 ERGAS VENESSA BLAIR & CLAUDE PO BOX 4316 ASPEN, CO 81612 is 1-800-GO-AVERY U CHATEAU ASPEN UNIT 21-A LLC CICUREL CARY 600 E HOPKINS AVE #203 2615 N LAKEWOOD ASPEN, CO 81611 CHICAGO, IL 60614 COOPER STREET COMPANY 601 E HYMAN AVE ASPEN, CO 81611 DUNN JUDITH A REV LIV TRUST 8051 LOCKLIN LN COMMERCE TOWNSHIP, MI 48382 EXELCEDAR INC 20% 534 E HYMAN AVE ASPEN, CO 81611 FITZGERALD FAMILY PARTNERSHIP LTD FURNGULF LLP C/O PITKIN COUNTY DRY GOODS LLC 616 E HYMAN AVE 520 E COOPER ASPEN, CO 81611 ASPEN, CO 81611 GOFEN ETHEL CARO TRUSTEE 455 CITY FRONT PLAZA CHICAGO, IL 60611 HIMAN LLC PO BOX 6159 SWANBOURNE WA 6010 AUSTRALIA, HUGHES GREGORY 208 S SPRING ST #1 ASPEN, CO 81611 GONE WEST LLC 401 W CENTER SEARCY, AR 721451406 HOPKINS DEV LLC 345 PARK AVE 33RD FLR NEW YORK, NY 10154 HUNTER PLAZA ASSOCIATES LLP 602 E COOPER #202 ASPEN, CO 81611 JENNE LLP JOSHUA & CO REAL ESTATE HOLDINGS 1510 WINDSOR RD LLC AUSTIN, TX 77402 300 S HUNTER ST ASPEN, CO 81611 LCT LP LUCKYSTAR LLC TENNESSEE LIMITED PARTNERSHIP PO BOX 7755 PO BOX 101444 ASPEN, CO 81612 NASHVILLE, TN 37224-1444 Jla3AV-09-008-I. o0915 ®A213Ad ® wortiane•AAAAM COOPER STREET DEVELOPMENT LLC C/O PYRAMID PROPERTY ADVISORS 418 E COOPER AVE #207 ASPEN, CO 81611 EB BUILDING ASPEN LLC 1601 ELM ST #4000 DALLAS, TX 75201 FERRY JAMES H III BOX 166 GLENCOE, IL 600220166 GELD LLC PO BOX 1247 ASPEN, CO 81612-1247 GROSFELD ASPEN PROP PART LLC 10880 WILSHIRE BLVD #2222 LOS ANGELES, CA 90024 HORSEFINS LLC 601 E HOPKINS AVE ASPEN, CO 81611 JARDEN CORPORATION 2381 EXECUTIVE CENTER DR BOCA RATON, FL 33431 JOYCE EDWARD 1310 RITCHIE CT CHICAGO, IL 60610 M CUBED HOLDINGS LLC PO BOX 9667 ASPEN, CO 81612 0091S 31V-IdW31®IdaAV as0 6ul4ulid MA we f Use Avery® TEMPLATE 51600 ON 1-800-GO-AVERY • —� MALLARD ENTERPRISES LP MARTELL BARBARA MATTHEWS ZACHARY 317 SIDNEY BAKER S #400 702 E HYMAN AVE PO BOX 10582 KERRVILLE, TX 78028 ASPEN, CO 81611 ASPEN, CO 81612 MCMURRAY WILLIAM & HELEN MORRIS ROBERT P MYSKO ASPEN HOLDINGS 29 MIDDLE HEAD RD 600 E HOPKINS AVE STE 304 615 E HOPKINS AVE MOSMAN NSW 2088 ASPEN, CO 81611 ASPEN, CO 81611 AUSTRALIA, NIELSON COL STEVE & CAROL D NONNIE LLC OBERHOLTZER JORDAN 501 S FAIRFAX PO BOX 565 PO BOX 10582 ALEXANDRIA, VA 22314 ASPEN, CO 81612 ASPEN, CO 81612 OLITSKY TAMAR & STEPHEN P & L PROPERTIES LLC PITKIN CENTER CONDO OWNERS ASSOC PO BOX 514 101 S 3RD S i #360 517 W NORTH ST GWYNEDD VALLEY, PA 19437 GRAND JUNCTION, CO 81501 ASPEN, CO 81611 PITKIN COUNTY BANK 80% QTIP MARITAL TRUST 1/2 REUSS LIGHT LLC 534 E HYMAN AVE 40 E 80TH ST #PH 26A PO BOX 5000 ASPEN, CO 81611 NEW YORK, NY 10075 SNOWMASS VILLAGE, CO 81615 REVOLUTION PARTNERS LLC ROTHBLUM PHILIP 112 RUDIN MICHAEL & SABRINA PO BOX 1247 40 E 80TH ST #PH 26A 345 PARK AVE ASPEN, CO 81612 NEW YORK, NY 10075 NEW YORK, NY 10154 RUST TRUST RUTLEDGE REYNIE SCHNITZER KENNETH L & LISA L 233 S BEVERLY DR#B 51 COUNTRY CLUB CIR 2100 MCKINNEY AVE #1760 BEVERLY HILLS, CA 902123896 SEARCY, AR 72143 DALLAS, TX 75201 SEVEN CONTINENTS LLC SHUMATE ASPEN LLC SILVER DIP EQUITY VENTURE LLC 601 E HYMAN AVE 421 AABC #G 2100 MCKINNEY STE 1760 ASPEN, CO 81611 ASPEN, CO 81611 DALLAS, TX 75201 SJA ASSOCIATES LLC STERLING TRUST COMP STEWART TITLE CO 418 E COOPER AVE #207 2091 MANDEVILLE CYN RD PO BOX 669 ASPEN, CO 81611 LOS ANGELES, CA 90049 HOUSTON, TX 77001 SUITE 300 OFFICE LLC TENNESSEE THREE TENNESSEE THREE RENTALS 300 S SPRING ST #300 PO BOX 101444 C/O J H COBLE ASPEN, CO 81611 NASHVILLE, TN 37224-1444 5033 OLD HICKORY BLVD NASHVILLE, TN 37218-4020 n AH3AV-09-008-L 009L5 3XVIdW31 otiaAV asB ®09L5 ®AtJ3AW L-- w0rti8ALl-MMM 6ulluijd aaa3 wef Use Avery® TEMPLATE 51600 THOMPSON ROSS & LYNETTE PO BOX 367 CARBONDALE, CO 816230367 VICTORIAN SQUARE LLC 418 E COOPER AVE #207 ASPEN, CO 81611 WF SWEARINGEN LLC 450 CONWAY MANOR DR NW ATLANTA, GA 30327 WOLF LAWRENCE G TRUSTEE 22750 WOODWARD AVE #204 FERNDALE, MI 48220 YERAMIAN CHARLES REV TRUST PO BOX 12347 ASPEN, CO 81612 1-800-GO-4VERY• u ^v c11% i — "ou- TOMKINS FAMILY TRUST TREUER CHRISTIN L 520 E COOPER AVE #209 5455 LANDMARKL PL #814 ASPEN, CO 81611 GREENWOOD VILLAGE, CO 801111955 WAVO PROPERTIES LP 512 1/2 E GRAND AVE #200 DES MOINES, IA 50309-1942 WISE JOSEPH 1320 HODGES ST RALEIGH, NC 27604-1414 WOODS FRANK J III 51027 HWY 6 & 24 STE 100 GLENWOOD SPRINGS, CO 81601 WEIDEL LAWRENCE W PO BOX 1007 MONROE, GA 30655 WM SNOWMASS LLC 500 FIFTH AVE #2440 NEW YORK, NY 10110 WRIGHT CHRISTOPHER N 13 BRAMLEY RD LONDON W106SP UK, Aa3AV-09-008-L 009L5 3JLVIdW31®tiaAV asD ®09L5 ®A2�3Ad D wOrfU0A0'nMrMA 6ullulJd 90J3 wed AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPER Aspen, CO SCHEDULED PUBLIC HEARING DATE: kltd z=q.o►'..4, @ 5: popm , 20 14- STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) ofthe Aspen Land Use Code in the following manner: V/Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, wluch form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no moT than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and. new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was aclmowled ed before me this 4 day of20J, by IF WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE:610 E. HYMAN AVENUE. _ FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW My commission expires: NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, September 24, 2014 at - a meeting to begin at 5.00 p.m. before the Aspen Historic Preservation Commission, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by 610 E. Hy- man. LLC, c/o Charles Cunniffe, 610 E. Hyman Avenue, Aspen, CO, 81611. The project affects the property located at 670 E. Hyman Avenue, Lot M, Block 99. City and Townsite of Aspen, Colo- rado, PID82737-182-12.004. KAREN REED PATTERSON The applicant re- quests Final Major Development and Commercial NOTARY PUBLIC Design review for an addition on top of an existing garage/carport, expansion of an existing residen- STATE Off' COLORADO tial unit, and alterations to the front fagade of the building. For farther en Community Dect Apy Si- ATTACHMENTS AS APPLICABLE: mop rt the t, 1 of Aspen St.,ADevel CO,m70) Department, 130 S. Galena St., Aspen, , (970) a2s-27se NOTARY ID #19964002787 My commission Expires February 18, 2019 ,amy.stmon®crtyofaspen.com. )E)BLICAIION7 a/Jay Maytin Chair, Aspen Historic Preservation CommisNon OF THE POSTED NOTICE (SIGN) 201blished in the 4 ( 0515102) Aspen Times on September 4, ,971VER,S` AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICA TION OF MINERAL ESTAE 0 J NERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 0 C�0u-2-r—>t44� Cc ' Agreement to Pay Application Fees An agreement between the City of Aspen ("City" and___ Property &10 S ac,+-1�v,yvi�n Lt.G Owner ("I"): Address of 6, o E , 1-� ,,, -0V4 AV94A LUP, Property: Ac4-PriN� 8l(ai<1 (subject of application) Phone No.: 4170-q25-5,54D Email: GkiL�iC�CUnv1i Billing evl Lo r,7, H Address: ��l(vll (send bills here) EXH I BIT 2' APR 2 2 2014 ASP I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 975 flat fee for Environmental Health $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ flat fee for 0 Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1,950 deposit for 6 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: G�Ca�IGs �-• Cuv�n��'► City use: 2925 Title: C toKar Fees Due: $ Received: $ • • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, 970.429.2758 DATE: 4.16.14 PROJECT: 610 E. Hyman Avenue, Lot M, Block 99 REPRESENTATIVE: Charles Cunniffe Architects DESCRIPTION: 610 E. Hyman is a 3,000 square foot parcel in the C-1, Commercial Zone District. The mixed use building on the site was constructed in 1963. It currently includes commercial space in the basement and first floor, and a free-market unit on the second floor. An application for voluntary landmark designation/AspenModern negotiation, Conceptual Design Review and Conceptual Commercial Design Review was approved by HPC on October 24, 2012 (Resolution #27, Series of 2012) and City Council on January 14, 2013 (Ordinance #23, Series of 2012). Final design review is still required. Applicants typically must apply for Final review within one year of Conceptual approval, however this project was granted a six month extension to apply by April 22, 2014. HPC will conduct their reviews based on the land use code sections cited below and the relevant Historic Preservation and Commercial design guidelines. The application for Final review must be consistent with the plans approved conceptually, including the restoration plan, and must address conditions of approval established by HPC and Council, in particular the specific dimensional allowances detailed in the City Council ordinance, the specific language in the Council ordinance regarding shared Recycling and Trash Storage, and the HPC requirement that the height of the project may not exceed 38'. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.412.040.4 Commercial Design Review, Final 26.412.070 Suggested Design Elements 26.415.070.D.4 Historic Preservation, Major Development, Final 26.575.020 Calculations and Measurements 26.710.150 C-1 Zone District Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ HPC Design Guidelines: http://www.aspenpitkin.com/Departments/Community-Development/Historic-Preservation/Historic- Properties/ Commercial Design Guidelines: http://www.aspenpitkin.com/Portals/O/docs/City/Comdev/Comm%20Desgn%20Stnds/Commercial%2 ODesign%20Guidelines Commercial%20Character%20Area.pdf M r, HPC application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2011 %20Historic%20L and%20Use%2OApp%2OForm.pdf Review by: Staff for completeness, HPC for determination Public Hearing: Yes Referral Agencies: Environmental Health Planning Fees: $1,950 for 6 billable hours (additional hours are billed at $325 per hour) Referral Agency Fees: $975 Total Deposit: $2,925 Total Number of Application Copies: 12 To apply, please submit 1 copy of: ❑ Signed fee agreement with payment. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ List of adjacent property owners within 300' for public hearing And 12 copies of: ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. ❑ Final drawings of all proposed structures(s) and/or addition(s) included as part of the development. The front elevation must be provided at 1/4" = 1.0' scale. ❑ Landscape plan. ❑ An accurate representation of all major building materials to be used in the development, depicted through samples or photographs. ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. ❑ A statement, including narrative text or graphics, indicating how the final design conforms to representations made or stipulations placed as a condition of the approval of the conceptual design. Staff may request specific additional materials, including 3-D computer modeling. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building -related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer RE: 610 E. Hyman AvcnUC- Extension of Conceptual Major Development approval DATE: October 9, 2013 SUMMARY: 610 E. Hyman Avenue received HPC Conceptual approval for a remodel on October 24, 2012. The applicant proceeded to City Council to finalize a voluntary AspenModem designation of the property, which was approved on January 14, 2013. All applicants have one year from the date of Conceptual to submit a Final review application. The applicant is not prepared to submit for Final within the next two weeks. A six month extension of the HPC approval is requested. Section 26.415.070.D.3.c.3 of the Municipal Code states: Unless otherwise specified in the resolution granting conceptual development plan approval, a development application for a final development plan shall be submitted within one (1) year of the date of approval of a conceptual development plan. Failure to file such an application within this time period shall render null and void the approval of the conceptual development plan. The Community Development Director may grant an extension of this limitation if the delay has been caused by the application requiring additional reviews or similar delays that could not have been reasonably predicted by the applicant. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a conceptual development plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. STAFF RECOMMENDATION: Staff recommends HPC grant a 6 month extension of Conceptual approval to allow the applicant to further develop the proposal. The new deadline to submit a final application would be April 22, 2014. Attachments: HPC Resolution # , Series of 2013 A. Letter requesting extension, dated September 19, 2013 0 0 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING A SIX MONTH EXTENSION OF THE CONCEPTUAL APPROVAL FOR A PROJECT AT 610 E. HYMAN AVENUE, LOT M, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #_, SERIES OF 2013 PARCEL ID: 2737-182-12-004 WHEREAS, on September 19, 2013, 610 E. Hyman LLC, owner of 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen, Colorado, requested a six month extension of the Conceptual design approval granted by the Historic Preservation Commission through Resolution #27, Series of 2012. According to Section 26.415.070.D.3.c.3, of the Municipal Code, application for a final development plan shall be submitted within one (1) year of the date of approval of a conceptual development plan. Failure to file such an application within this time period shall render null and void the approval of the conceptual development plan; and WHEREAS, Section 26.415.070.D.3.c.3, of the Municipal Code allows the Historic Preservation Commission, at its sole discretion and for good cause shown, to grant a one-time extension of the expiration date for a conceptual development plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date; and WHEREAS, Amy Simon, in her staff report to HPC dated October 9, 2013, recommended that a one-time extension be granted; and WHEREAS, at their regular meeting on October 9, 2013, the Historic Preservation Commission considered the request and granted a six month extension to the deadline to submit a final development application. The vote of the members was _ to NOW, THEREFORE, BE IT RESOLVED: That HPC hereby extends the deadline to file a final development application related to Resolution #27, Series of 2012 to April 22, 2014. APPROVED BY THE COMMISSION at its regular meeting on the 9th day of October, 2013. Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk Jay Maytin, Chair 610 E. Hyman Avenue HPC Resolution # , Series of 2013 M • Amy Guthrie From: Janver Derrington <janverd@Cunniffe.com> Sent: Thursday, September 19, 2013 4:30 PM To: Amy Guthrie Cc: Charles Cunniffe Subject: 610 E. Hyman; HPC Final Review for Aspen Modern Historic Designation Amy, Thank you for your email reminding us that the Conceptual HPC Approval will expire on October 24, 2013. It appears that we will not have the required documentation ready to submit in time to get on the HPC agenda for Final Review before the expiration date. Therefore, we are requesting that this project be granted a one-time 6 month extension. Please let us know if any further documentation is needed to confirm this extension request. Thank you, Janver Derrington, AIA Janver C. Derrington, AIA I Principal Senior Project Architect Charles Cunniffe Architects 610 East Hyman Avenue Aspen, Colorado 81611 Tel: 970,925.5590 F<�Yx 970,92;_).507O janverd@cunniffe.com www.cunniffe.com AMERICAN INSTITUTE OF ARCHITECTS CO WLST 2010 FIRM_OF,_THE.._YEAR.!_ 0 10 20 U.S. SURVEY FOOT L J O 9184 UTHEAST CORN LOCK 94 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACT ON BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. • • 'X' PAVE �A S �q BO RECORD R 00 W 4J CUKNLX BLUCK 99 HORIZONTAL CONTROL LEGEND A N IDS NOTES O FOUND OR SET SURVEY MONUMENT AS DESCRIBED ❑ UTILITY BOX SURVEY CONTROL TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE. INC. CASE NO. PCT23415W EFFECTIVE DATE: MARCH 7, 2012 BEARINGS BASED ON THE SOUTHEAST CORNER OF BLOCK 94 (9184) AND THE SOUTHEAST CORNER OF BLOCK 99 (9I84) IN 75'09'II'W) o ---� METAL FENCE ® MANHOLE POSTED ADDRESS: '610 EAST HYMAN AVENUE' LJ CERTIFICATION THE UNDERS NED STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING M — . AU-4, AND IS ACCURATE BASED ON THE FIELD EVIDENCE AS SHOWN. AND THAT THERE ARE NO DISCREPANCIES OF RECORD. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME EXCEPT, AS' REDt�,SHOWN. UNDERGROUND UTILITIES WITH NO ABOVEGROUND APPURTENANCES. AND DOCOME TS`0 NCORD NOT SUPPLIED TO THE SURVEYOR ARE EXCEPTED. THIS SURVEY IS VOID UNLESS WET! -*TAMPED WITH THE SEAL OF THE SURVEYOR BELOW. D TE JOH M. OWORTH.-P- .S. 25947 IMPROVEMENT SURVEY OF LOT M. BLOCK 99, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN. COUNTY OF PITKIN STATE OF COLORADO AREA: 3.001 SO FT z. 0.069 ACRES ! 0 9 PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 4/14 21092C