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HomeMy WebLinkAboutagenda.apz.20250204AGENDA ASPEN PLANNING & ZONING COMMISSION February 4, 2025 4:30 PM, City Council Chambers 3rd Floor, 427 Rio Grande Pl, Aspen I.ROLL CALL II.COMMENTS III.MINUTES III.A Draft Minutes 12-3-24 IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS V.A Resolution XX, Series of 2025, Change in Use, 232 East Main Street V.B Resolution #14, Series of 2024 - 730 Bay Street - Replacement of Nonconforming Structures - Special Review VI.OTHER BUSINESS VII.BOARD REPORTS VIII.ADJOURN minutes.apz.20241203 draft.pdf Staff Memo_232 E Main_Change in use.pdf 232 E Main_PZ Resolution XX Series of 2024.pdf Exhibit A - Application.pdf Exhibit B - Approved Drawings.pdf Exhibit C - Staff Response to Review Criteria.pdf Final_730 Bay Street_Memo_LPA-24-103.pdf 730 Bay Street_PZ Resolution #14, Series of 2024.pdf Exhibit A_730 Bay Street_Review Criteria.pdf Exhibit B_Land Use Application_730 Bay St._Special Review_09.06.24.pdf 730 Bay Street_application addendum_1.30.2025_FINAL DRAFT.pdf Exhibit A_730 Bay Street_Drawing Set_01.30.2025.pdf Exhibit B__Sanders letter_1.30.2025.pdf 1 1 TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 2 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION DECEMBER 3, 2024 Commissioners in attendance: Charlie Tarver, Maryann Pitt, Tom Gorman, Ken Canfield, Marcus Blue, and Christine Benedetti. Staff present: Ben Anderson, Com Dev Director Jeffrey Barnhill, Senior Planner Kate Johnson, Assistant City Attorney Tracy Terry, Deputy City Clerk Commissioner Comments: Public Comments: None. Minutes: Ms. Pitt motioned to approve the minutes for October 1st, 2024, and the motion was seconded by Mr. Gorman. Ms. Benedetti asked for a roll call vote. Roll call vote: Mr. Tarver, yes; Ms. Pitt, yes; Mr. Gorman, yes; Mr. Canfield, yes; Mr. Blue, yes; Ms. Benedetti, abstained. Motion passes 5-0. Disclosure of Conflicts of Interest: None Submission of Public Notice for Agenda Items: Ms. Johnson said that notice was provided. Public Hearings: 950 Cemetery Lane – RDS Variation – continuation Ms. Benedetti asked if everyone that was not at the last meeting had listened to the audio from that meeting, they replied yes. Applicant Presentation: Ryan Walterscheid and Forrest Lundgren with Forum Phi Mr. Walterscheid went over the RDS standards and why we have them. He spoke about the hardships and site constraints keeping them from doing a setback or side loaded garage. He said this neighborhood has over 100 front facing garages, so this is not uncommon. He said it is very difficult, if not impossible, to do a side loaded garage in this space. Board Questions: Mr. Tarver asked which trees are 8 inches. Mr. Walterscheid replied the ones in the back. Ms. Pitt asked if the driveway will be big enough to fit the truck if it is not in the garage. Mr. Walterscheid replied yes. Mr. Gorman asked what the size of the garage is as proposed in both configurations. Mr. Walterscheid replied about 24x24, slightly under 500 square feet. Mr. Gorman asked when the recent variation was granted for a similar situation. Mr. Walterscheid replied 2018. Staff Comments: Jeff Barnhill, Senior Planner Mr. Barnhill briefly went over the project and the Residential Design Standards again. Staff recommends denial of the project. 3 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION DECEMBER 3, 2024 Board Questions: Mr. Canfield asks if there is a way to build a garage on this property without tearing down the house. Mr. Barnhill said possibly but it may not be what they want. Mr. Canfield asked if the phrase site specific constraints defined anywhere in the land use code. Mr. Barnhill replied he does not believe so. Mr. Canfield asked what the basis for staff’s view is that this phrase only relates to natural constraints. Mr. Barnhill replied that everybody in the city must deal with engineering standards, all lots have trees. Some lots have buildings built beyond setbacks; those don’t make them unusual site constraints; it is just something they have to deal with in staff’s opinion. Mr. Gorman asked if staff knows why most people chose the front loading garages. Mr. Barnhill said he hasn’t looked at the applicants’ map but most likely they either haven’t been redeveloped or are outside the 10-foot setback. Public Comment: Sue Griffith, 943 Cemetery Lane. She lives across the street from this property. She asked the city about a new garage, and they told her she had a 25-foot setback, and she couldn’t go through variance. She said having a garage to protect you from the cemetery lane traffic is a good thing and it would be better to look at than a parking area. She asked that they approve this project. Board Discussion: Mr. Canfield said this is not a difficult question. It seems it is clearly fair to allow this garage to be built and would be unfair to not allow them as they would have to tear down the house to build a garage. Is the unfairness related to site specific constraints. There are all kinds of site-specific constraints, including there is an existing house that constrains their ability to meet the standards. He thinks they should approve it. Mr. Blue agrees with Mr. Canfield Motion: Mr. Blue moved to approve resolution 11 series 2024 as written: Mr. Gorman seconded. Roll call vote: Mr. Tarver, no; Ms. Pitt, yes; Mr. Blue, yes; Mr. Gorman, yes; Mr. Canfield, yes; Ms. Benedetti, yes. Motion passes 5-1 Adjourn: Mr. Benedetti motioned to adjourn; Mr. Canfield seconded. All in favor. Tracy Terry, Deputy City Clerk 4 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Sophie Varga, Zoning Administrator THROUGH: Ben Anderson, Community Development Director MEMO DATE: December 6th, 2024 MEETING DATE: February 4, 2025 RE: Change in Use REQUEST OF THE PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission (P&Z) is asked to review, consider, and approve a request to change the use of a portion of a building from Commercial to a Resident Occupied (RO) affordable housing. SUMMARY AND BACKGROUND: 232 East Main Street is a commercial building in the Mixed Use Zone District and in the Main Street Historic District. There are two approved commercial spaces in the building. The applicant is proposing to convert one of the commercial spaces, Unit 201, into an affordable housing unit with a RO deed restriction. The proposal requires approval to change the use of the space, per Section 26.470.100, Change in Use. Staff finds the application meets applicable review criteria and recommends approval of the request. The Planning and Zoning Commission is the final decision-making authority for this review. STAFF DISCUSSION: Affordable Housing is allowed by right in the Mixed Use Zone District, including those with RO deed restrictions. The proposed unit meets underlying zoning requirements and does not impact the massing or scale of the building. The applicant responded to Sec. 26.515.080, Transportation and Parking Management, Special Review Standards, in case it was necessary. It is not. By changing approximately 1,974 square feet of existing net leasable space into a dwelling unit, the Figure 1: Property Location 5 Staff Memo, 232 East Main Street Change in Use Page 2 of 2 required parking generated by the parcel decreases. In the Aspen Infill Area, 1,974 square feet of net leasable space generates 1.974 parking units; 1 multi-family residential dwelling unit generates 1 parking unit, leading to a net decrease of 0.974 required parking units. The applicant also responded to Sec. 26.540.070, Review criteria for establishing an affordable housing credit. The Land Use Code does not allow for affordable housing credit generation for units with Resident Occupied deed restrictions. The applicant has requested that they maintain the right to retroactively apply for credits if the code changes in the next three years to allow for credit generation from the proposed unit. The applicant would apply for a separate administrative land use case should the code allow for credit issuance for RO units. It is of note that the change in use triggers the parcel into compliance with current lighting code. Staff does not foresee any issues and will confirm compliance at building permit. The application was referred to the building department and Aspen Pitkin County Housing Authority. Conditions have included in the Resolution reflecting their comments. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve this request, subject to conditions included in the draft resolution. The request meets all applicable review criteria. The attached resolution is written in the affirmative, and staff recommends P&Z approve the resolution. EXHIBITS: Exhibit A – Application Exhibit B – Approved Drawings Exhibit C – Staff Response to Review Criteria 6 Planning and Zoning Commission Resolution #XX, Series of 2024 Page 1 of 4 RESOLUTION #XX SERIES OF 2024 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR CHANGE IN USE AT 232 EAST MAIN STREET, UNIT 201, LEGALLY DESCRIBED AS LOTS R AND S, BLOCK 73, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2737-073-20-008 WHEREAS, the Community Development Department received an application from Aspen Dev Co, representing 232 East Main Street, LLC, requesting a Change in Use review to change the use for one of the units at 232 East Main Street; and, WHEREAS, the property is located in the Mixed Use (MU) Zone District and the Main Street Historic District; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the Land Use Code standards, the Community Development Director recommended approval of the requested development application; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the application under the applicable provisions of the Land Use Code as identified herein, in particular Section 26.470.100, Change in Use, considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing on December 17th, 2024; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that approval of the request as described below is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare, and, WHEREAS, the City of Aspen Planning and Zoning Commission approves/denies Resolution #XX, Series of 2024, by a XX to XX (XX – XX) vote, approving the requested land use reviews as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Approval is granted for a Change in Use from Commercial to Affordable Housing for Unit 201, depicted in Exhibit A, Approved Drawings. The layout may be rearranged within the dwelling unit so long as it meets Mixed Use Zoning regulations and fulfills the conditions laid out Section 2. 7 Planning and Zoning Commission Resolution #XX, Series of 2024 Page 2 of 4 Section 2: Conditions The approval is subject to the following conditions. 1. If the property is condominiumized, ownership will submit proposed condominium declarations to the City of Aspen for review. 2. The applicant will discuss changing the unit number to reflect street-level access to the unit (from 201 to 102). 3. The space received a Letter of Completion under the Core and Shell permit and is unfinished at this time. A building permit shall be submitted to receive Certificate of Occupancy for the space. The following items will be required, as well as a variety of other documents at permit submission: a. Stamped mechanical, electrical, and plumbing plans are required. b. The project shall comply with the 2021 Energy Code for new items and all applicable REMP provisions. c. Built in cooking appliances and outdoor fireplace appliances must be located in compliance with all applicable manufacturer and code clearance to combustibles. d. The change in use triggers the parcel into compliance with the current outdoor lighting code. Compliance will be reviewed at building permit. e. The dwelling unit will comply with underlying zoning requirements, including a maximum net livable area of 2,000 square feet. 4. The Aspen Pitkin County Housing Authority (APCHA) provided the following conditions: a. A deed restriction shall be provided to the applicant to be signed and recorded on the unit at either a Category or Residential Occupied designation prior to Certificate of Occupancy. b. Prior to occupancy of a deed-restricted rental unit, APCHA must qualify the tenant. All documentation required under these Regulations must be provided. The tenant must provide the owner/landlord with proof of documentation and qualification by APCHA prior to occupancy. Prior to occupancy, the owner will be required to provide a copy of the lease agreement to APCHA for approval. Leases must meet allowable rental rates and will be for a minimum term of six (6) consecutive months. The unit must meet occupancy standards, one person per bedroom at all times. Owner must provide a copy of an executed lease to APCHA prior to occupancy. c. Use of the Affordable Housing Credit Program shall be used only if Resident Occupied is approved as an acceptable category for this program. d. The bedroom shall be large enough to contain at least a queen-size bed, dresser drawers, and must contain a closet. e. The unit must meet the following definition of a kitchen as stated below and referred in the Regulations: Kitchen – For Accessory Dwelling Units, Caretaker Dwelling Units and all other deed-restricted units, a kitchen must include, at a minimum, a two-burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14” W X 16” D X 5.25” H; the refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. f. The unit shall meet the minimum square footage requirements as stated in Table II of the APCHA Affordable Housing Development Policy, noted below. 8 Planning and Zoning Commission Resolution #XX, Series of 2024 Page 3 of 4 g. The unit shall include a laundry area, including a washer and dryer. h. Rental rates are specified in the Regulations and must be followed. i. Tenants may not be charged for the following, either as rent or in addition to rent: i. Cost of electricity, gas, water and sanitation in common areas ii. Condominium dues/assessments iii. Management costs iv. Property taxes v. Landscaping costs vi. Snow plowing/shoveling vii. Condominium Insurance j. Additional costs that can be charged to the tenant, but must be verified by APCHA, are: i. Electricity, gas and/or water if not separately metered – metered costs must be based on the tenant’s share of such utilities attributable to the tenant’s net livable area. Tenants will be responsible for individually metered utilities. ii. Trash, proportionally based on the tenant’s net livable area. iii. Other operational costs only when reviewed by APCHA and approved to be charged, must be based on the tenant’s share attributable to the tenant’s net livable area. Section 3: 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 Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. Unit Size Minimum Square Footage Studio 500 1-Bedroom 700 2-Bedroom 900 3-Bedroom 1,200 Single-Family Detached 1,500 9 Planning and Zoning Commission Resolution #XX, Series of 2024 Page 4 of 4 FINALLY, adopted, passed, and approved this 17th day of December, 2024. Approved as to form: Approved as to content: ______________________________ __________________________________ Katherine Johnson, Assistant City Attorney Teraissa McGovern, Chair Attest: _______________________________ Tracy Terry, Deputy Clerk Exhibit A: Approved Drawings 10 N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−1 GROUND FLOOR COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 2 8.7.24 RESPONSE TO COMMENTS 3 11.14.24 ISSUE FOR PAND Z REVIEW UP TENANT SPACE 'B' 101 MECH. RM. 102 TRASH AREA (300 SF) 103 TENANT 'B' ELEV. 103 PROPERTY LINE CORRIDOR 104 GAS METERS EXISTING GROUND FLOOR PLAN GROUND FLOOR KEY PLAN 2ND FLOOR KEY PLAN OPEN TO BELOW UP LIVING SPACE EXIST. STAIR artwork table be n c h ta b l e ru n n e r ha n d s i n k w.c. hidden door be n c h be n c h artwork ar t w o r k PROPERTY LINE EXIST. ELEV. EXIST. GROUND FLOOR TENANT SPACE (CHASE BANK) EXIST. MECH. RM. PROPOSED GROUND FLOOR PLAN UP LIVING SPACE EXIST. MECH. RM. EX I S T . T R A S H R O O M EX I S T . C O R R I D O R EXIST. STAIR artwork table be n c h ta b l e ru n n e r ha n d s i n k w.c. 3' - 5 1 / 2 " 8'-4" 7'-5"6'-7 1/2" 11 ' - 6 " 5' - 1 " 3'-3" hidden door be n c h be n c h artwork ar t w o r k PROPERTY LINE EXIST. ELEV. DN DW U. C . Re f r . Ra n g e U.C . Re f r . 1,380 2,0001,380 2,000 LIVING SPACE BEDROOM W.C. SHOWER LAV EXIST. STAIR 6'-6" head clearance line walk-in co u t n e r w / d r a w e r s be n c h at t i c ru n n e r co u t n e r w / d r a w e r s walk-in mirror bench mirror bench 6' high hedging exist. mech. exist. mech. ou t d o o r k i t c h e n fire pit armoire armoire pantry compact w/d be n c h artwork artwork be n c h bu i l t -in EXIST. ELEV. KITCHEN pantry 11 DN DW U. C . Re f r . Ra n g e U. C . Re f r . 1,380 2,0001,380 2,000 LIVING SPACE BEDROOM W.C. SHOWER LAV EXIST. STAIR 6'-6" head clearance line walk-in co u t n e r w / d r a w e r s be n c h 2'-10" 6'-3 1/4" at t i c 3'-1 5/8"3'-1 5/8" 4'-0 1/2" 6'-3 1/2" 8' - 9 3 / 8 " 22 ' - 4 3 / 8 " 10 ' - 7 3 / 4 " 9'-3 7/8"9'-4 1/8" 3' - 0 " 4' - 7 1 / 2 " ru n n e r 13'-3"10'-11 1/2" co u t n e r w / d r a w e r s walk-in 3' - 0 1 / 2 " mirror bench mirror bench 6' high hedging exist. mech. exist. mech. ou t d o o r k i t c h e n fire pit 3' - 5 " 11'-0 1/2"11'-0 1/2" armoire armoire pantry compact w/d 24'-2 1/2" 22 ' - 6 " 20'-3 1/2" 6'-3 1/2" be n c h artwork artwork be n c h bu i l t -in 2'-0" 2' - 4 " EXIST. ELEV. KITCHEN pantry N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−2 2ND FLOOR COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 2 8.7.24 RESPONSE TO COMMENTS 3 11.14.24 ISSUE FOR PAND Z REVIEW EXISTING 2ND FLOOR PLAN 1,380 2,0001,380 2,000 SECOND FLOOR TENANT SPACE-'B' 200 TENANT 'B' ELEV. 108 TENANT 'B' STAIR 201 EXIST. MECHANICAL EXIST. MECHANICAL EXIST. ROOF AREA PROPOSED 2ND FLOOR PLAN 12 Aspen Historic Preservation Commission 427 Rio Grande Place Aspen, CO 81611 C/O Stuart Hayden and Jeffrey Barnhill June 14, 2024 RE: 232 East Main Street, Unit 201 – Growth Management Quota System Change-in-Use Application Dear Stuart, Jeffrey and HPC, Please accept this growth management quota system change-in-use application for 232 East Main Street unit 201. We are requesting a change-in-use from Office to Affordable Housing for Unit 201. The space will contain one RO affordable housing rental unit. Background This property is a two story commercial building located in the Mixed-Use Zone District and the Main Street Historic District. The building is divided into two units. Unit 101 is 3,000 SF and contains Chase Bank. Unit 201 is comprised of 1,379 SF with a portion located on the north east corner of the property and the entire second fioor. Proposal Proposed Stoop We are proposing to change the use for Unit 201 from office to affordable housing and designate the category as RO. This will be a 1 bedroom rental unit with the full kitchen, full bathroom, living and bedroom on the second fioor with a large outdoor deck space. The ground fioor will also have living/office space and a bathroom. In-unit laundry will also be provided. The only change to the exterior is a small concrete stoop added to the north east entry door. The attached drawing packet illustrates the proposed fioor plans. Parking 13 When the building was originally redeveloped, cash-in-lieu was used to satisfy the parking mitigation requirement. If additional mitigation is required for the 1 bedroom RO unit we would request to pay cash-in lieu. Certiflcates of Affordable Housing Credit Currently, the code does not permit the issuance of Certiflcates of Affordable Housing Credit for RO projects. City Staff has indicated that this is a potential code amendment they would like to pursue. In the future, if RO units qualify for credits, we would like any approval to reserve the right to be issued credits retroactively. Thank you for reviewing this application. Please reach out if you need additional information. Sincerely, Tiffany Phipps Exhibits A – Pre-application summary B - Agreement to Pay C – Land Use Application D – HOA Form E – Authorization to represent F – Proof of Ownership G – Floor Plans H – Site Improvement Survey 14 PRE-APPLICATION CONFERENCE SUMMARY PRE-23-126 DATE: November 11, 2023 PLANNER: Jeffrey Barnhill, 970.429.2752, jeffrey.barnhill@aspen.gov REPRESENTATIVE: Mark Hunt, M Development, mhunt@mdevco.com PROJECT LOCATION: 232 East Main Street (Chase Bank Building) REQUEST: Change in Use from Office to Affordable Housing DESCRIPTION: 232 East Main Street is a two-story commercial building located in the Mixed-Use (MU) Zone District and the Main Street Historic District. Although the building is non-historic, its location in the Main Street Historic District allows the Historic Preservation Commission (HPC) purview over the review. The applicant requests a Change in Use from Office to Affordable Housing on the second floor of the building. It is anticipated that the second-floor space will hold one affordable housing unit. The applicant has indicated interest in creating a Resident Occupied (RO) unit in the space on the second floor. For clarity, conversion of free-market residential units is not allowed in the MU Zone District – Section 26.710.180.(b)(13) Mixed-Use. The primary land use review for this use conversion would be a Growth Management Quota System Change- in-Use application with review authority held by the HPC – subject to 26.470.100.A. Several other considerations are relevant to this proposal: 1) The applicant can decide if the deed restriction would be for a Resident Occupied (RO) or Category unit (1 – 4) under APCHA regulations. There are several important considerations under this topic related to who could qualify to live in the units and what an eventual sale price or rent would be for the tenants. This decision is important to the land use application as Category 1-4 units are eligible for the issuance of Certificates of Affordable Housing Credit upon recordation of the deed restrictions and the issuance of a Certificate of Occupancy or Letter of Completion for the physical alterations to the units. RO and Category 5 units are not currently eligible for credit issuance, but there is a policy discussion with Council scheduled for early-2024 to consider a change to this limitation. Please refer to APCHA regulations for important information related to this issue. If applicable, any issuance of credits is subject to 26.540. At this point, the applicant has indicated that the unit will be an RO unit. It would not be eligible for credit issuance. 2) Additionally, related to APCHA regulations, please review the physical requirements of deed-restricted units necessary for APCHA to bring the unit(s) into the affordable housing inventory. This property is not condominiumized currently. Depending on the nature of the eventual unit, APCHA may require a Condo Map and Condo Declarations to identify and define the relationship of the unit to the other commercial ownership. 3) Parking – any time a change in use is completed, parking for the property is re-evaluated. In this case, one new residential unit would require at least one parking unit. This parking requirement could be met by either the provision of (1) on-site, code compliant parking space, or the payment of a fee-in- lieu of $38,000 per space. Staff believes that the applicant paid cash-in-lieu for all parking on site when the property was redeveloped. An evaluation of the original approvals, the fee-in-lieu previously paid, and the nature of the new AH unit will be part of this review and a recommendation will be made by staff related to this issue. 4) This property is not a designated landmark but is within the Main Street Historic District. Any proposed changes to the exterior of the building to accommodate the change of use would be subject to Commercial Design Review (26.412) and will require Minor Development Review with HPC 15 (26.415.070.c). Exterior changes will be subject to the Commercial, Lodging and Historic District Design Standards and Guidelines but is not subject to the Historic Preservation Design Guidelines. Please be in contact with ComDev staff ahead of the application to identify any potential submission requirements to assess the proposed changes. 5) Building code requirements related to residential uses in a mixed-use building can often impact construction costs, particularly related to fire separation and accessibility and egress. Please consult with an architect to evaluate the space for any potential obstacles in meeting building code requirements. Specific questions can be addressed to ComDev staff at: builderoftheday@gmail.com. 6) Environmental Health – any time a change of use occurs, trash, recycling and composting facilities are re-evaluated, subject to Title 12 of the Aspen Municipal Code: https://library.municode.com/co/aspen/codes/municipal_code?nodeId=TIT12SOWA RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.412 Commercial Design Review (if applicable) 26.415.070.c Historic Preservation – Minor Development (if applicable) 26.430.040 Special Review – Parking (if applicable) 26.470.080 Growth Management Quota System (General) 26.470.100 Growth Management (P&Z reviews) 26.515 Parking 26.540 Certificates of Affordable Housing Credit 26.710.180 Mixed-Use (MU) Zone District For your convenience – links to the Land Use Application and Land Use Code, and Commercial, Lodging, and Historic District Design Standards and Guidelines are below: Land Use Application Land Use Code Commercial Design Standards Review by: Staff for completeness and recommendations HPC for decision Public Hearing: Yes Referrals: APCHA - $325 deposit, additional hours may be billed. Planning Fees: Waived for Affordable Housing projects (would otherwise be $3,250) Total Deposit: $325.00 APPLICATION CHECKLIST: Below is a list of submittal requirements for review. Please email the entire application as one pdf to cdehadmins@aspen.gov. The fee will be requested after the application is deemed complete.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing 16 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.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (attached).  A site improvement survey (no older than a year from submittal) showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. (can be waived if no exterior changes to the building are proposed)  Site Plan – indicating relationship of units to parking (if applicable)  Floor Plans – including Net Livable dimensions of the unit(s)proposed for a change in use  A narrative of the proposed unit qualities – including amenities (storage, bike parking, laundry facilities, etc.) and the desired type of unit (Category v. RO, rental or ownership, etc.)  Diagrams/cut sheets/materials depicting any changes to the exterior. (if applicable) 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. 17 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090April 2020 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1.Development Application Fee Policy, Fee Schedule andAgreement to Pay Application Fees Form 2.Land Use Application Form 3.Dimensional Requirements Form (if required) 4.HOA Compliance Form 5.Development Review Procedure 18 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 19 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name: Representative Name (if different from Property Owner) Billing Name and Address - Send Bills to: Contact info forbilling: e-mail: Phone: $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: 20 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #:email: Name: Project Name and Address: Parcel ID # (REQUIRED) tiffany@aspendevco.com 21 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition Maximum Height Front Setback Rear Setback Side Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (squarefeet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 22 April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) This property is not subject to a homeowner association or other form of private covenant. This property is subject to a homeowner association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: ate: Owner printed name: or, Attorney signature: ate: Attorney printed name: 6/14/2024 23 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 DEVELOPMENT REVIEW PROCEDURE Attend pre-application conference. During this one-on-one meeting, staff will determine the review process applies to your development proposal and will identify the materials necessary to review your application. Submit Development Application. Based on your pre-application meeting, you should to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. Determination of Completeness. Within five working days of the date of your submission, staff will review the application and notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. Staff Review of Development Application. 5.Board Review of Application. (Continued on next page) 24 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 Issuance of Development Order. Receipt of Building Permit. 25 June 14, 2024 Exhibit E Stuart Hayden City of Aspen 427 Rio Grande Place Aspen, CO 81611 RE: 232 East Main Street, Unit 201 – Growth Management Quota System Change0in-Use Application Mr. Hayden, Please accept this letter authorizing Tiffany Phipps of Aspen DevCO to represent our ownership interests in 232 East Main Street, Unit 201, Aspen, CO 81611, and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the forgoing, please feel free to contact me. Property – 232 East Main Street, Unit 201, Aspen, CO 81611 Legal Description - Block 73 Lot R and S, City and Townsite of Aspen Parcel ID – 273707320008 Owner – 232 East Main Street, LLC Sincerely, Mark Hunt 232 East Main Street, LLC Manager 26 h r an& Howard 730 East Durant Avenue, Suite 200, Aspen, CO 81611 Telephone: 970.925.6300 shermanhoward.com February 9, 2024 City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 Re: 232 East Main Street LLC, a Colorado limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 232 East Main Street LLC, a Colorado limited liability company is the owner of certain improved real property located at 232 East Main Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Lots Rand S, Block 73, City and Townsite of Aspen, County of Pitkin, State of Colorado. The Subject Property is subject to the following matters of record: 1. Restrictions as set forth in Deed recorded November 30, 1888 in Book 59 at Page 521. 2. Ordinance No. 60, Series of 1976, designating the Subject Property as within an Historic District recorded December 9, 1976 in Book 321 at Page 51. 3. City of Aspen Historic Preservation Commission Resolution #22 (Series of 2016) recorded August 4, 2016 as Reception No. 631178. 4. City of Aspen Historic Preservation Commission Resolution #3 (Series of 2017) recorded April 14, 2017 as Reception No. 637583. 5. Memorandum of Lease dated November 20, 2018 between 232 East Main Street LLC as landlord and JPMorgan Chase Bank, N.A. as tenant recorded November 26, 2018 as Reception No. 652151. 58318267.1 Exhibit F 27 6. Notice of Approval of City of Aspen recorded March 4, 2020 as Reception No. 663235. 7. City of Aspen Easement Agreement recorded December 17, 2021 as Reception No. 683601. 8. Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of May 19, 2022 between Deutsche Bank AG, New York Branch and 232 East Main Street LLC recorded May 25, 2022 as Reception No. 687787. 9. Assignment of Leases and Rents dated as of May 19, 2022 between Deutsche Bank AG, New York Branch and 232 East Main Street LLC recorded May 25, 2022 as Reception No. 687788. 10. UCC-1 Financing Statement of Deutsche Bank AG, New York Branch recorded May 25, 2022 as Reception No. 687789. 11. Subordination, Non-Disturbance and Attornment Agreement dated as of May 19, 2022 among Deutsche Bank AG, New York Branch, J.P. Morgan Chase Bank, N.A., and 232 East Main Street LLC recorded May 25, 2022 as Reception No. 687790. 12. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License recorded July 25, 2022 as Reception No. 689135. This letter shall further confirm that as the owner of the Subject Property, 232 East Main Street LLC has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property, and that Mark Hunt, as the President of 232 East Main Street Aspen Manager, Inc., a Colorado corporation, as Manager of232 East Main Street LLC, is authorized to act on behalf of232 East Main Street LLC with respect to the Subject Property. 2 58318267.1 28 PROJECT LOCATION N SCALE NORTH No. PROJECT 12" = 1'-0" 1−COVER COVER SHEET RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 RESIDENTIAL UNIT 232 EAST MAIN STREET, UNIT 201 ASPEN, CO ARCHITECT: MODIF. ARCHITECTURE, LLC. 1321 N. WOOD ST. CHICAGO, IL 60622 TEL: (312) 288-2009 CONTACT: ROB AVILA, RA, LEED AP MUNICIPAL CODE OF ASPEN, INCLUDING (BUT NOT LIMITED TO): 2021 INTERNATIONAL PLUMBING CODE 2021 INTERNATIONAL MECHANICAL CODE 2021 NATIONAL ELECTRIC CODE AREA PLAN PROJECT CONTACTS DRAWING LIST SHEET NUMBER SHEET NAME 1-TITLE 1-COVER 2-SURVEY 1 OF 1 3-ARCHITECTURAL A-0 A-1 A-2 A-4 A-5 A-6 A-7 Z-001 Z-003 COVER SHEET IMPROVEMENT SURVEY PLOT SITE PLAN COMPARISON GROUND FLOOR COMPARISON 2ND FLOOR COMPARISON SOUTH ELEVATION COMPARISON EAST ELEVATION COMPARISON NORTH ELEVATION COMPARISON WEST ELEVATION COMPARISON FAR CALCULATIONS NET LEASABLE APPLICABLE CODES TOTAL: 11 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 3 11.14.24 ISSUE FOR PAND Z REVIEW 29 ALLEY M O N A R C H S T . MAIN ST. 2 STORY BUILDING HI S T O R I C C O R T I N A L O D G E 10 0 ' - 0 " 59'-9" T N SCALE NORTH No. PROJECT 1" = 10'-0" A−0 SITE PLAN COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 3 11.14.24 ISSUE FOR PAND Z REVIEW NO CHANGE TO SITE PLAN EXISTING SITE PLAN 30 N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−1 GROUND FLOOR COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 2 8.7.24 RESPONSE TO COMMENTS 3 11.14.24 ISSUE FOR PAND Z REVIEW UP TENANT SPACE 'B' 101 MECH. RM. 102 TRASH AREA (300 SF) 103 TENANT 'B' ELEV. 103 PROPERTY LINE CORRIDOR 104 GAS METERS EXISTING GROUND FLOOR PLAN GROUND FLOOR KEY PLAN 2ND FLOOR KEY PLAN OPEN TO BELOW UP LIVING SPACE EXIST. STAIR artwork table be n c h ta b l e ru n n e r ha n d s i n k w.c. hidden door be n c h be n c h artwork ar t w o r k PROPERTY LINE EXIST. ELEV. EXIST. GROUND FLOOR TENANT SPACE (CHASE BANK) EXIST. MECH. RM. PROPOSED GROUND FLOOR PLAN UP LIVING SPACE EXIST. MECH. RM. EX I S T . T R A S H R O O M EX I S T . C O R R I D O R EXIST. STAIR artwork table be n c h ta b l e ru n n e r ha n d s i n k w.c. 3' - 5 1 / 2 " 8'-4" 7'-5"6'-7 1/2" 11 ' - 6 " 5' - 1 " 3'-3" hidden door be n c h be n c h artwork ar t w o r k PROPERTY LINE EXIST. ELEV. DN DW U. C . Re f r . Ra n g e U.C . Re f r . 1,380 2,0001,380 2,000 LIVING SPACE BEDROOM W.C. SHOWER LAV EXIST. STAIR 6'-6" head clearance line walk-in co u t n e r w / d r a w e r s be n c h at t i c ru n n e r co u t n e r w / d r a w e r s walk-in mirror bench mirror bench 6' high hedging exist. mech. exist. mech. ou t d o o r k i t c h e n fire pit armoire armoire pantry compact w/d be n c h artwork artwork be n c h bu i l t -in EXIST. ELEV. KITCHEN pantry 31 DN DW U. C . Re f r . Ra n g e U. C . Re f r . 1,380 2,0001,380 2,000 LIVING SPACE BEDROOM W.C. SHOWER LAV EXIST. STAIR 6'-6" head clearance line walk-in co u t n e r w / d r a w e r s be n c h 2'-10" 6'-3 1/4" at t i c 3'-1 5/8"3'-1 5/8" 4'-0 1/2" 6'-3 1/2" 8' - 9 3 / 8 " 22 ' - 4 3 / 8 " 10 ' - 7 3 / 4 " 9'-3 7/8"9'-4 1/8" 3' - 0 " 4' - 7 1 / 2 " ru n n e r 13'-3"10'-11 1/2" co u t n e r w / d r a w e r s walk-in 3' - 0 1 / 2 " mirror bench mirror bench 6' high hedging exist. mech. exist. mech. ou t d o o r k i t c h e n fire pit 3' - 5 " 11'-0 1/2"11'-0 1/2" armoire armoire pantry compact w/d 24'-2 1/2" 22 ' - 6 " 20'-3 1/2" 6'-3 1/2" be n c h artwork artwork be n c h bu i l t -in 2'-0" 2' - 4 " EXIST. ELEV. KITCHEN pantry N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−2 2ND FLOOR COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 2 8.7.24 RESPONSE TO COMMENTS 3 11.14.24 ISSUE FOR PAND Z REVIEW EXISTING 2ND FLOOR PLAN 1,380 2,0001,380 2,000 SECOND FLOOR TENANT SPACE-'B' 200 TENANT 'B' ELEV. 108 TENANT 'B' STAIR 201 EXIST. MECHANICAL EXIST. MECHANICAL EXIST. ROOF AREA PROPOSED 2ND FLOOR PLAN 32 SUB FLR. TENANT 'A' 7903.70 0" T/GABLE 03 28'-6 3/4" T/GABLE 01 24'-4" B/GABLE 16'-1 1/2" 2ND LEVEL 12'-0" 2ND FIN. FLR. 12'-1" SPACE B FIN. FLOOR -11" N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−4 SOUTH ELEVATION COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006NO CHANGE TO SOUTH ELEVATION NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 3 11.14.24 ISSUE FOR PAND Z REVIEW EXISTING SOUTH ELEVATION 33 T/GABLE 03 28'-6 3/4" T/GABLE 02 26'-6 7/8" 2ND LEVEL 12'-0" SUB FLR. MECH. ROOM 7901.53 -2'-2" T/ ELEVATOR OVERRUN 27'-0" 2ND FIN. FLR. 12'-1" SPACE B FIN. FLOOR -11" N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−5 EAST ELEVATION COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 3 11.14.24 ISSUE FOR PAND Z REVIEW NO CHANGE TO EAST ELEVATION EXISTING EAST ELEVATION 34 T/GABLE 03 28'-6 3/4" T/GABLE 02 26'-6 7/8" T/GABLE 01 24'-4" T/PARAPET MASONRY 14'-8" 2ND LEVEL 12'-0" SUB FLR. MECH. ROOM 7901.53 -2'-2" T/ ELEVATOR OVERRUN 27'-0" SPACE B FIN. FLOOR -11" N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−6 NORTH ELEVATION COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 3 11.14.24 ISSUE FOR PAND Z REVIEW NO CHANGE TO NORTH ELEVATION EXISTING NORTH ELEVATION 35 SUB FLR. TENANT 'A' 7903.70 0" T/GABLE 03 28'-6 3/4" T/GABLE 02 26'-6 7/8" T/GABLE 01 24'-4" T/PARAPET MASONRY 14'-8" 2ND LEVEL 12'-0" SUB FLR. TRASH ROOM 7901.03 -2'-8" 2ND FIN. FLR. 12'-1" SPACE B FIN. FLOOR -11" ADJACENT TO CORTINA LODGE N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−7 WEST ELEVATION COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 3 11.14.24 ISSUE FOR PAND Z REVIEW NO CHANGE TO WEST ELEVATION EXISTING WEST ELEVATION 36 DW U. C . Re f r . Ra n g e U. C . Re f r . ZONING: (MU) MIXED USE NET LOT AREA: 5,981 SF (59'-9" X 100'-0") ZONING ALLOWANCE (0.75:1) 4,482 SF (0.75 X 5,981SF) (1:1) 5,981 BY SPECIAL REVIEW (1 X 5,981 SF) PROPOSED F.A.R. 5811SF / 5981SF = (0.97:1) ZONING INFO AND CALCS: 1 2 3 4 5 6 7 8 8.5 9 10 A B C D E F G C.2 C.4 E.8 F.8 TENANT SPACE 'A' (N.I.C.) LIVING SPACE EXIST. MECH. RM. DECK EXIST. TRASH ROOM 9.8 5.8 7.5 9.1 A.1 F.9 6.7 EXIST. ELEV. EXIST. CORRIDOR EXIST. STAIR NO CHANGE TO FAR THIS LEVEL FLOOR AREA RATIO (F.A.R.) LEGEND AREA TOWARD F.A.R. OPEN TO BELOW ELEV. 1 2 3 4 5 6 7 8 8.5 9 10 A B C D E F G C.2 C.4 E.8 F.8 LIVING SPACE 9.8 5.8 7.5 9.1 A.1 F.9 6.7 EXIST. ELEV. W. C . EXIST. STAIR SHOWER LAV BEDROOMNO CHANGE TO FAR THIS LEVEL 3/16" = 1'-0"1 MAIN FLOOR - PROPOSED PLAN 3/16" = 1'-0"2 2ND LEVEL - PROPOSED PLAN FLOOR AREA SUMMARY - AREA TOWARD F.A.R. NAME AREA MAIN FLOOR RETAIL SPACE 'A' 2981 SF RETAIL SPACE 'B' 634 SF MECH. RM. 355 SF TRASH AREA 353 SF RETAIL 'B' SECOND FLOOR 1524 SF 5847 SF SCALE NORTH No. PROJECT As indicated Z−001 FAR CALCULATIONS RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 1487 5811 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 3 11.14.24 ISSUE FOR PAND Z REVIEW 356 37 DW U. C . Re f r . Ra n g e U. C . Re f r . 2842 SF MAIN FLOOR RETAIL SPACE 'A' NET LEASABLE AREA LEGEND TOWARD NET LEASABLE EXEMPT FROM NET LEASABLE 327 SF DECK 312 SF TRASH ROOM 585 SF MAIN FLOOR SPACE 'B' 1 2 3 4 5 6 7 8 8.5 9 10 A B C D E F G C.2 C.4 E.8 F.8 336 SF MECH. RM. 9.8 5.8 7.5 9.1 A.1 F.9 6.7 NO CHANGE TO NL THIS LEVEL 2843 EXIST. ELEV. OPEN TO BELOW LOW HEAD CLEARANCE 1389 SF SECOND FLOOR SPACE 'B' 57 SF EXIST. ELEV. 73 SF STAIRS 1 2 3 4 5 6 7 8 8.5 9 10 A B C D E F G C.2 C.4 E.8 F.8 9.8 5.8 7.5 9.1 A.1 F.9 6.7 NO CHANGE TO NL THIS LEVEL TOWARD NET LEASABLE NAME AREA MAIN FLOOR RETAIL SPACE 'A' 2842 SF MAIN FLOOR SPACE 'B' 585 SF SECOND FLOOR SPACE 'B' 1389 SF TOTAL AREA 4817 SF 3/16" = 1'-0"1 MAIN FLOOR - NET LEASABLE AREA 3/16" = 1'-0"2 2ND LEVEL - NET LEASABLE AREA EXEMPT FROM NET LEASABLE NAME AREA MECH. RM. 336 SF DECK 327 SF TRASH ROOM 312 SF STAIRS 73 SF EXIST. ELEV. 57 SF TOTAL AREA 1104 SF SCALE NORTH No. PROJECT 3/16" = 1'-0" Z−003 PROPOSED NET LEASABLE RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 2 8.7.24 RESPONSE TO COMMENTS 3 11.14.24 ISSUE FOR PAND Z REVIEW 2843 4817 1105 38 79 0 0 79 0 1 7902 79 0 2 7903 7903 7903 79 0 3 79 0 2 79 0 1 7902 7 9 0 3 7 9 0 2 79 0 2 BLOCK 73 ALLEY ROW WIDTH 20.39' (ASPHALT SURFACE) N. MONARCH STREET ROW WIDTH 74.97' LE VOTAUX II CONDOMINIUMS REC. #277507 227 EAST BLEEKER LLC LOT 2, EAST BLEEKER HISTORIC LANDMARK ICONIC PROPERTIES JEROME LLC CORTINA LODGE REC. #617309 E. MAIN STREET ROW WIDTH 100.00' 232 EAST MAIN STREET LLC 5,981 sq.ft.± 0.137 acres± PARCEL NO. 273707320008 1.25" BRASS DISK L.S. #ILLEGIBLE #5 REBAR AND 1.25" ORANGE PLASTIC CAP BROKEN AND DISTURBED LOT Q LOT R LOT S LOT G LOT H LOT I (TIE ONLY) S74° 27' 31"E 827.69' (TIE O N L Y ) S 4 9 ° 4 0 ' 0 3 " E 8 6 7 . 4 1 ' S1 5 ° 4 1 ' 5 4 " W 1 0 0 . 0 0 ' N1 5 ° 4 1 ' 5 4 " E 1 0 0 . 0 0 ' 0.16' 0.23' 1.25" BRASS DISK FLUSH IN CONCRETE L.S. #28643 PROJECT BENCHMARK 1.25" BRASS DISK FLUSH IN CONCRETE L.S. #28643 ELEVATION = 7903.37' (B A S I S O F B E A R I N G S ) S 2 1 ° 5 1 ' 0 3 " W 3 6 5 . 9 3 ' 5.00' SETBACK 5. 0 0 ' S E T B A C K 5.25' SETBACK 0.33' 1.30' 32 . 3 5 ' 1.40' 5. 9 5 ' 51.85' 5. 9 5 ' 1.30' 85 . 1 0 ' 24.00' 4. 7 7 ' S74° 21' 10"E 28.50' S1 5 ° 3 8 ' 5 0 " W 5 7 . 8 5 ' 0.75' BUILDING FOOTPRINT AT GROUND LEVEL (SHADED) 4,361 sq.ft.± (TIE ONLY) N68° 42' 38"E 8.96' 0.26'0.31' FINISHED FLOOR ELEV=7903.68' FINISHED FLOOR ELEV-=7902.56' 2" VERTICAL STANDPIPE ELECTRIC DRYWELL (ALL ROOF DRAINAGE ROUTED INTERNALLY TO THIS DRYWELL) 4" SEWER CLEANOUT TRENCH DRAIN TRENCH DRAIN GAS SERVICE METER AND VALVE ELECTRIC SERVICE METER CABLE PEDESTAL TELEPHONE PEDESTAL ROOF DRAIN OVERFLOW SPIGOT ELECTRIC TRANSFORMER EASEMENT. REC. NO. 683601 LANDSCAPING LANDSCAPING LANDSCAPING LA N D S C A P I N G LA N D S C A P I N G CO N C R E T E S I D E W A L K CONCRETE SIDEWALK CONCRETE SIDEWALK N. MO N A R C H S T R E E T (A S P H A L T S U R F A C E ) 2.05'13.00'44.76' S74° 18' 06"E 59.81' ENCROACHMENT LICENSE REC. #689135 BENCH, BIKE RACK AND CONCRETE PAD ENCROACHMENT LICENSE REC. #689135 BENCH ENCROACHMENT LICENSE REC. #689135 BIORETENTION AREA AND ACCESS PATH ENCROACHMENT LICENSE REC. #689135 BIORETENTION AREA AND ACCESS PATH ACCESS PATH ACCESS PATH BIORETENTION AREA BIKE RACK BE N C H BENCH S1 5 ° 4 1 ' 5 4 " W 10 . 0 0 ' N1 5 ° 4 1 ' 5 4 " E 10 . 0 0 ' BIORETENTION AREA ROOF PEAK ELEV=7931.81'ROOF PEAK ELEV=7927.73' AD J O I N I N G B U I L D I N G FO O T P R I N T A T G R O U N D L E V E L FINISHED FLOOR ELEV-=7901.76' N74° 18' 06"W 59.81' XEL XEL XEL XEL XEL XEL XEL XEL XWL XWL XW L XW L XW L XS A > > > > > > XEL XTV XTV XTV XTV XTV XTV XT V XT V XT V XUT XUT XUT XUT XUT XUT XU T XU T XU T XG A S XEL X E L XE L E. MAIN STREET (ASPHALT SURFACE) ENTRY EN T R Y EN T R Y ENTRYENTRY PROPERTY DESCRIPTION LOTS R AND S, BLOCK 73 CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. THE PROPERTY DESCRIBED HEREON IS THE SAME AS THE PROPERTY DESCRIBED IN THE COMMITMENT REFERENCED IN NOTE 5 HEREON, AND ALL EASEMENTS, COVENANTS AND RESTRICTIONS REFERENCED IN SAID TITLE INSURANCE COMMITMENT, OR EASEMENTS WHICH THE UNDERSIGNED HAS BEEN ADVISED OR HAS KNOWLEDGE, HAVE BEEN LISTED AND PLOTTED HEREON OR OTHERWISE NOTED AS TO THEIR EFFECT ON THE SUBJECT PROPERTY. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM 2/20/2024 - 16016.01 - G:\2016\16016\SURVEY\Survey DWGs\Survey Plots\16016.01 ISP 2024\16016.01_ISP2024.dwg VICINITY MAP SCALE: 1" = 2000' IMPROVEMENT SURVEY PLAT OF: 232 EAST MAIN STREET BEING SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. SHEET I OF 1 SITE 1 inch = ft. ( IN U.S. SURVEY FEET ) GRAPHIC SCALE 010 10 20 10 405 SOURCE DOCUMENTS ·MAP - OFFICIAL MAP, CITY OF ASPEN APPROVED BY ORDINANCE 6-1959 (REC. NO. 109023) ·MAP - CITY OF ASPEN - GPS CONTROL MONUMENTATION 2009 PREPARED BY MARCIN ENGINEERING, LLC FOR THE CITY OF ASPEN, DATED 05/07/2010 ALL OF THE PITKIN COUNTY, COLORADO RECORDS-UNLESS OTHERWISE NOTED. NOTES 1. DATE OF FIELDWORK: APRIL - AUGUST 2021. SITE VISIT FEBRUARY 2022. SITE VISIT FEBRUARY 2024 2. DATE OF PREPARATION: FEBRUARY 2024. 3. LINEAR UNITS: THE LINEAR UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 4. BASIS OF BEARING: A RECORD BEARING OF S.21°51'03"W. BETWEEN N.G.S./CITY OF ASPEN MONUMENT NO. 5 AND N.G.S./CITY OF ASPEN MONUMENT Q-159, AS SHOWN. 5. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE CERTIFICATE OF OWNERSHIP LETTER PREPARED BY CURTIS B. SANDERS FOR SHERMAN AND HOWARD FEBRUARY 9, 2024, AND DOCUMENTS AND PLATS OF RECORD AS SHOWN IN THE SOURCE DOCUMENTS, HEREON. 6. BASIS OF ELEVATION: THE 1998 CITY OF ASPEN CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7911.98' (NAVD 1988) ON THE NGS STATION "Q-159". THIS ESTABLISHED A SITE BENCHMARK ELEVATION OF 7903.37' ON A BRASS DISK L.S. 28643 MONUMENTING THE SOUTHEAST CORNER OF SUBJECT PARCEL, SHOWN HEREON. 7. THE SURVEY AND THE INFORMATION, COURSES AND DISTANCES SHOWN THEREON ARE ACCURATE. 8. THE RECORD DESCRIPTION OF THE SUBJECT PROPERTY FORMS A MATHEMATICALLY CLOSED FIGURE. 9. THE PARCELS ARE CONTIGUOUS WITHOUT ANY GAPS OR GORES. 10. THE SURVEY ACCURATELY SHOWS THE LOCATION OF ALL BUILDINGS, VISIBLE STRUCTURES AND OTHER VISIBLE IMPROVEMENTS SITUATED ON THE PREMISES. 11. EXCEPT AS SHOWN, THERE ARE NO APPARENT ENCROACHMENTS ONTO ADJOINING PREMISES, STREETS, ALLEYS OR EASEMENT AREAS BY ANY BUILDINGS, STRUCTURES OR OTHER IMPROVEMENTS, AND NO ENCROACHMENTS ONTO THE PREMISES BY BUILDINGS, STRUCTURES OR OTHER IMPROVEMENTS SITUATED ON ADJOINING PREMISES. 12. ALL UTILITIES LOCATED DURING JUNE-AUGUST, 2021 SERVING THE PREMISES, ENTER THROUGH ADJOINING PUBLIC STREETS AND/OR EASEMENTS OF RECORD AND ARE SHOWN ON THE SURVEY. 13. EXCEPT AS SHOWN, THERE ARE NO VISIBLE OR APPARENT EASEMENTS OR RIGHTS OF WAY ACROSS THE PREMISES. 14. THE SURVEY SHOWS THE LOCATION OF ALL VISIBLE STORM DRAINAGE APPURTENANCES FOR THE COLLECTION AND DISPOSAL OF ALL ROOF AND SURFACE DRAINAGE 15. ANY DISCHARGE INTO STREAMS, RIVERS OR OTHER CONVEYANCE SYSTEM IS SHOWN ON THE SURVEY. 16. THERE IS NO VISIBLE EVIDENCE OF CEMETERIES OR BURIAL GROUNDS FOUND. 17. THE SURVEYOR HAS NO KNOWLEDGE OF ANY PROPOSED STREET WIDENING. Q-159 PER 2009 CITY OF ASPEN - GPS CONTROL MONUMENTATION MAP ELEVATION=7911.98' GPS-5 S. GALENA STREET AND E. HOPKINS AVE. PER 2009 CITY OF ASPEN - GPS CONTROL MONUMENTATION MAP EXISTING ELECTRIC MANHOLE EXISTING DRAINAGE DRY-WELL EXISTING SEWER MANHOLE EXISTING TELEPHONE MANHOLE EXISTING UTILITY MANHOLE EXISTING WATER VALVE EXISTING CURB STOP EXISTING GAS METER EXISTING ELECTRIC TRANSFORMER EXISTING ELECTRIC METER EXISTING TELEPHONE PEDESTAL EXISTING CATV PEDESTAL EXISTING SEWER CLEANOUT EXISTING LIGHT POLE EXISTING BOLLARD EXISTING LEGEND EXISTING FENCExx EXISTING WATER LINEXWLXWL EXISTING SANITARY SEWER LINE EXISTING GAS EXISTING TELEPHONE XGAS XGAS XGAS EXISTING UNDERGROUND ELECTRIC EXISTING CABLE EXISTING FIBER OPTIC XUT XUT XUT XEL XEL XEL XTV XTV XTV XFO XFO XFO XSA XSA SURVEYOR'S CERTIFICATE I, LINDA CATHERINE LOVE, HEREBY CERTIFY TO 232 EAST MAIN STREET LLC AND THE CITY OF ASPEN, THAT THIS IS AN “IMPROVEMENT SURVEY PLAT” AS DEFINED BY C.R.S. § 38-51-102(9), AND THAT IT IS A MONUMENTED LAND SURVEY SHOWING THE CURRENT LOCATION OF ALL STRUCTURES, VISIBLE ROADS, TRAILS, UTILITIES, FENCES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, AND ALL EASEMENTS AND RIGHTS OF WAY OF A PUBLIC OR PRIVATE NATURE THAT ARE VISIBLE, OR APPARENT, OR OF RECORD AND DESCRIBED IN THE ATTORNEY'S LETTER REFERENCED IN SURVEY NOTE 9 ABOVE, OR OTHER SOURCES AS SPECIFIED ON THE IMPROVEMENT SURVEY PLAT. ERROR OF CLOSURE IS LESS THAN 1/15,000. ______________________________________ LINDA CATHERINE LOVE L.S. #38427 Exhibit H 39 N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−1 GROUND FLOOR COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 2 8.7.24 RESPONSE TO COMMENTS 3 11.14.24 ISSUE FOR PAND Z REVIEW UP TENANT SPACE 'B' 101 MECH. RM. 102 TRASH AREA (300 SF) 103 TENANT 'B' ELEV. 103 PROPERTY LINE CORRIDOR 104 GAS METERS EXISTING GROUND FLOOR PLAN GROUND FLOOR KEY PLAN 2ND FLOOR KEY PLAN OPEN TO BELOW UP LIVING SPACE EXIST. STAIR artwork table be n c h ta b l e ru n n e r ha n d s i n k w.c. hidden door be n c h be n c h artwork ar t w o r k PROPERTY LINE EXIST. ELEV. EXIST. GROUND FLOOR TENANT SPACE (CHASE BANK) EXIST. MECH. RM. PROPOSED GROUND FLOOR PLAN UP LIVING SPACE EXIST. MECH. RM. EX I S T . T R A S H R O O M EX I S T . C O R R I D O R EXIST. STAIR artwork table be n c h ta b l e ru n n e r ha n d s i n k w.c. 3' - 5 1 / 2 " 8'-4" 7'-5"6'-7 1/2" 11 ' - 6 " 5' - 1 " 3'-3" hidden door be n c h be n c h artwork ar t w o r k PROPERTY LINE EXIST. ELEV. DN DW U. C . Re f r . Ra n g e U.C . Re f r . 1,380 2,0001,380 2,000 LIVING SPACE BEDROOM W.C. SHOWER LAV EXIST. STAIR 6'-6" head clearance line walk-in co u t n e r w / d r a w e r s be n c h at t i c ru n n e r co u t n e r w / d r a w e r s walk-in mirror bench mirror bench 6' high hedging exist. mech. exist. mech. ou t d o o r k i t c h e n fire pit armoire armoire pantry compact w/d be n c h artwork artwork be n c h bu i l t -in EXIST. ELEV. KITCHEN pantry 40 DN DW U. C . Re f r . Ra n g e U. C . Re f r . 1,380 2,0001,380 2,000 LIVING SPACE BEDROOM W.C. SHOWER LAV EXIST. STAIR 6'-6" head clearance line walk-in co u t n e r w / d r a w e r s be n c h 2'-10" 6'-3 1/4" at t i c 3'-1 5/8"3'-1 5/8" 4'-0 1/2" 6'-3 1/2" 8' - 9 3 / 8 " 22 ' - 4 3 / 8 " 10 ' - 7 3 / 4 " 9'-3 7/8"9'-4 1/8" 3' - 0 " 4' - 7 1 / 2 " ru n n e r 13'-3"10'-11 1/2" co u t n e r w / d r a w e r s walk-in 3' - 0 1 / 2 " mirror bench mirror bench 6' high hedging exist. mech. exist. mech. ou t d o o r k i t c h e n fire pit 3' - 5 " 11'-0 1/2"11'-0 1/2" armoire armoire pantry compact w/d 24'-2 1/2" 22 ' - 6 " 20'-3 1/2" 6'-3 1/2" be n c h artwork artwork be n c h bu i l t -in 2'-0" 2' - 4 " EXIST. ELEV. KITCHEN pantry N SCALE NORTH No. PROJECT 1/4" = 1'-0" A−2 2ND FLOOR COMPARISON RE S I D E N T I A L U N I T 23 2 E . M A I N S T . S P A C E ' B ' , A S P E N , C O 2022-006 NO. DATE DESCRIPTION 1 3.14.24 ISSUE TO LAND PLANNER 2 8.7.24 RESPONSE TO COMMENTS 3 11.14.24 ISSUE FOR PAND Z REVIEW EXISTING 2ND FLOOR PLAN 1,380 2,0001,380 2,000 SECOND FLOOR TENANT SPACE-'B' 200 TENANT 'B' ELEV. 108 TENANT 'B' STAIR 201 EXIST. MECHANICAL EXIST. MECHANICAL EXIST. ROOF AREA PROPOSED 2ND FLOOR PLAN 41 Exhibit C Staff Response to Review Criteria Change of Use – 232 E. Main Street Page 1 of 6 Sec. 26.470.100. - Planning and zoning commission applications (a) Change in use. A change in use of an existing property, structure or portions of an existing structure between the development categories identified in Section 26.470.020 (irrespective of direction), for which a certificate of occupancy has been issued and which is intended to be reused, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.080. No more than one (1) free-market residential unit may be created through the change-in-use. Staff response: No new free-market residential units are created as part of the proposal. Refer to responses to 26.470.080 below. Staff finds the criterion met. Sec. 26.470.080. General review standards. All Planning and Zoning Commission and City Council applications for growth management review shall comply with the following standards. (a) Sufficient allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.040(b). Applications for multi-year development allotment, pursuant to Section 26.470.110(a) shall be required to meet this standard for the growth management years from which the allotments are requested. Staff response: There is no growth management allotment limit for affordable housing. Staff finds the criterion met. (b) Development conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site-specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development - Project Review approval, as applicable. Staff response: The change of use conforms with all applicable approvals and regulations. The proposed use is allowed by right in the zone district. Staff finds the criterion met. (c) Public infrastructure and facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. 42 Exhibit C Staff Response to Review Criteria Change of Use – 232 E. Main Street Page 2 of 6 Staff response: There is no development proposal. Staff finds the criterion not applicable. (d) Affordable housing mitigation. (1) For commercial development, sixty-five (65) percent of the employees generated by the additional commercial net leasable space, according to Section 26.470.050(b), Employee Generation Rates, shall be mitigated through the provision of affordable housing. (2) For lodge development, sixty-five (65) percent of the employees generated by the additional lodge pillows, according to Section 26.470.050(b), Employee Generation Rates, shall be mitigated through the provision of affordable housing. For the redevelopment or expansion of existing lodge uses, see Section 26.470.100(g). (3) For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section 26.470.100(e)), the mitigation requirements for affordable housing shall be phased at fifteen (15) percent beginning in 2017, and by three (3) percent each year thereafter until sixty-five (65) percent is reached, as follows: Development order applied for during calendar year Mitigation required (percent of employees generated by the existing space that has previously not mitigated) 2017 15% 2018 18% 2019 21% 2020 24% 2021 27% 2022 30% 2023 33% 2024 36% 2025 39% 2026 42% 43 Exhibit C Staff Response to Review Criteria Change of Use – 232 E. Main Street Page 3 of 6 2027 45% 2028 48% 2029 51% 2030 54% 2031 57% 2032 60% 2033 63% 2034 65% (4) Unless otherwise exempted in this Chapter, when a change in use between development categories is proposed, the employee mitigation shall be based on the use the development is converting to. For instance, if a commercial space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space, outlined in subsection (2), above. Conversely, if lodge units are being converted to commercial space, the mitigation shall be based on the requirements for commercial space, outlined in subsections (1) and (3), above. (5) For new residential subdivisions, see Section 26.470.100(h) and (i). (6) For new, redeveloped, or renovated single-family and duplex residential development, or the affordable housing mitigation requirements are established by Section 26.470.090(a) and (c). (7) For the expansion of existing free-market multi-family units, affordable housing mitigation requirements are established by Section 26.470.090(b). (8) For new free-market multi-family units, affordable housing mitigation requirements are established by Section 26.470.090(f). (9) For the demolition or redevelopment of existing multi-family residential development, affordable housing mitigation requirements are established by Section 26.470.100(d). (10) For essential public facility development, mitigation shall be determined based on Section 26.470.110(d). Staff response to criteria d.1-10: Staff finds the criteria not applicable. 44 Exhibit C Staff Response to Review Criteria Change of Use – 232 E. Main Street Page 4 of 6 (11) For all affordable housing units that are being provided as mitigation pursuant to this Chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason: i. The proposed units comply with the Aspen/Pitkin County Housing Authority Employee Housing Regulations and Affordable Housing Development Policy, as amended. ii. Required affordable housing may be provided through a mix of methods outlined in this Chapter, including newly built units, buy down units, certificates of affordable housing credit, or cash-in-lieu. iii. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located off-site within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Section 26.470.110(b). When off-site units within City limits are proposed, all requisite approvals shall be obtained prior to approval of the growth management application. iv. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section 26.470.050(f), Employee/Square Footage Conversion. v. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash-in-lieu payment may be made by right. If the total mitigation requirement for a project is 0.1 or more FTEs, a cash-in-lieu payment shall require City Council approval, pursuant to Section 26.470.110(c). vi. Affordable housing units shall be approved pursuant to Section 26.470.100(d), Affordable Housing. vii. Each unit provided shall be designed such that the finished floor level of fifty (50) percent or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. 45 Exhibit C Staff Response to Review Criteria Change of Use – 232 E. Main Street Page 5 of 6 Staff response: The proposed unit is not being provided as required mitigation. While the proposed unit is not eligible for credit generation under current code, there is the potential that Resident Occupied units will be eligible for credit generation in the future. The applicant reserves the right to retroactively apply for affordable housing credits. Staff finds the criterion met. (12) Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied (RO). Staff response: The unit is proposed to be deed restricted as a Resident Occupied unit. The level of affordability will be finalized prior to Certificate of Occupancy. Staff finds the criterion met. (13) Residential mitigation deferral agreement. For property owners qualified as a full-time local working resident, an affordable housing mitigation Deferral Agreement may be accepted by the City of Aspen subject to the Aspen/Pitkin County Housing Authority Employee Housing Regulations. This allows deferral of the mitigation requirement for residential development until such time as the property is no longer owned by a full-time local working resident. Staff of the City of Aspen Community Development Department and Staff of the Aspen/Pitkin County Housing Authority can assist with the procedures and limitations of this option. The City Attorney and Community Development Director shall prescribe the form to be used for a Deferral Agreement. A copy of the Deferral Agreement form is on file with the City of Aspen Community Development Department. The required mitigation shall be calculated to the FTE and then multiplied by the codified Fee-in-Lieu at the time of building permit submission. This amount will be identified in the Deferral Agreement. Following the establishment of the initial mitigation requirement in the Deferral Agreement, the amount of mitigation initially identified shall increase annually by the CPI for each year that the Deferral Agreement is in effect until such time that the Deferral Agreement is terminated following sale to a non-resident. The term "CPI" shall mean the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, not seasonally adjusted, 1984=100 reference base; published by the United States Department of Labor, Bureau of Labor Statistics. The calculation of the value of the mitigation required at the time of the termination of the Deferral Agreement may be completed using a commonly available calculator that aggregates the CPI over time. The term of the calculation shall be the month 46 Exhibit C Staff Response to Review Criteria Change of Use – 232 E. Main Street Page 6 of 6 of the initial execution of the Deferral Agreement and the most recent index month available at the time of release of the Deferral Agreement. The provision describing this regular annual increase shall be described in the Deferral Agreement. The Deferral Agreement shall be recorded prior to the issuance of a Certificate of Occupancy or Letter of Completion. Should a property with a Deferral Agreement in place be sold to a qualified resident, a new Deferral Agreement shall be established, identifying the initial mitigation requirement, and an inclusion of the continued annual increases that will continue to accrue from the date of initiation of the original deferral agreement. The initiation date of the original deferral agreement shall be identified in the new deferral agreement. Deferral Agreements initiated prior to July 28, 2022, shall remain in effect and are not subject to the stipulations described in the paragraphs above. If desired, the parties to a previously established deferral agreement may, at their discretion, enter into a new deferral agreement that that updates the terms to be consistent with the provisions identified above. Staff response: Staff finds the criterion not applicable. 47 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 1 of 11 MEMORANDUM TO: Planning & Zoning Commission FROM: Jeffrey Barnhill, AICP, Senior Planner THRU: Ben Anderson, AICP, Community Development Director RE: Replacement of Nonconforming Structures Public Hearing MEETING DATE: December 17, 2024 APPLICANT: Bay Street Owner, LLC, 730 Bay Street, Aspen, CO 81611 REPRESENTATIVE: Mike Kraemer, Kraemer Land Planning, 200 Basalt Center Circle, Suite 201, Basalt, CO 81621 LOCATION: 730 Bay Street, Aspen, CO 81611 ZONING: Low-Density Residential, (R-30), PD overlay (Volk Lot Split, Lot 2) SUMMARY: The applicant requests a continuation of a nonconformity to renovate and reconfigure floor area of a nonconforming structure. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission deny the request for the continuation of the nonconformities at 730 Bay Street. REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant proposes to remodel and reconfigure floor area in a nonconforming structure. The applicant requests to alter the existing residence in a manner that will decrease the floor area overage on the subject property. Since the existing structure is represented as over allowable floor area/deck area, rearranging and decreasing the existing non-conforming floor area requires a Replacement of nonconforming structure review by the City of aspen Planning and Zoning Commission. Figure 1: Site Vicinity Map 48 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 2 of 11 ❖ Non-conforming structures. (Land Use Code Section 26.312.030.(f)(2) Purposeful destruction) The applicant requests continuation of a nonconformity for the property at 730 Bay Street. Any nonconforming structure that is purposefully Demolished or portion thereof which is purposefully destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Special Review requires approval by the Planning and Zoning Commission. The Planning and Zoning Commission can approve, approve with conditions, or deny an application after considering a recommendation by the Community Development Director based on the criteria outlined in section 26.312.030., Non- conforming structures & section 26.430.040.(b) Replacement of nonconforming structures. BACKGROUND: 730 Bay Street is located in the Low Density Residential (R-30) zone district with a Planned Development (PD) overlay (Volk Lot Split, Lot 2). The lot is approximately 36,938 sq. ft. and there are steep slopes and a building envelope encumbering the property. The existing structure contains a single-family residence and an attached Accessory Dwelling Unit (ADU). The parcel was redeveloped in the 1990s with a building permit issued for the single-family residence and ADU in 1994. The property is currently over allowable floor/deck area due to land use code changes since the 1990s. The applicant seeks continuation of a nonconformity to rearrange and reconfigure floor area on site. The applicant proposes as part of this work: to convert 275 sq. ft. of existing unfinished attic into finished accessible floor area, change existing crawlspace into accessible basement floor area, add a 2-level garage car lift in the garage by dropping the slab in the existing garage, remove and reconfigure deck area on site, and install trees and landscaping. Since the applicant requests redeveloping and reconfiguring nonconforming floor area the proposal triggers Special Review by the Planning and Zoning Commission. Figure 2: Existing Conditions 49 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 3 of 11 PROJECT SUMMARY: Since the 1st hearing on December 17th, 2024, the applicant proposes to further eliminate the deck area so that it is in compliance with the 15% deck exemption. Staff has received this information with too little time to edit the packet materials; however, staff has reviewed all applicable materials. Should staff decide that this new scope of work still requires Special Review then we will proceed with this application on February 4th. Should staff decide that this new scope does not require Special Review we will instruct the applicant on next steps. These amended materials are in the packet upload and are the 730 Bay Street-Application addendum, Exhibit A-730 Bay Street -Drawing Set, and Exhibit B-Sanders letter. The applicant proposes a number of changes to the structure to rearrange and reconfigure the floor area/deck area on site. The applicant proposes decreasing the amount of exposed wall in the lower level of the structure. To that end, the applicant proposes to demolish two large window wells, replace one of the window wells with a smaller window well, convert existing crawlspace to accessible basement space, and lower the depth of the garage to create more wall area. This will decrease the countable floor area of the lower level and allow the applicant to add the accessible attic space to floor area while decreasing the amount of floor area on site overall. Overall, the floor area attributed to the primary structure will be decreasing by 102 sq. ft. The applicant proposes eliminating or decreasing the size of numerous decks on site. Currently the deck area on site constitutes approximately 2,120 sq. ft. of floor area for the property (beyond the 15% allowed exemption for deck area). The applicant proposes reducing the amount of deck overage that counts as floor area to 444.52 sq. ft. This is a decrease of approximately 1,676 sq. ft. of floor area attributed to decks on site. The overall reduction of floor area on site is approximately 1,778 sq. ft. Table 1 demonstrates the changes in floor area calculations by level and deck area. Table 1: Applicant graphic on Existing to Proposed Floor Area on site. Figures 3 thru 9 depict existing and proposed floor area calculations. The graphics depict the changes to the floor area as a result of the reconfiguration/remodel of the proposed project. On the lower level, the window wells will be removed and additional subgrade wall space will be created by lowering the slab in 50 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 4 of 11 the garage. Additionally, the hot tub deck and bedroom patio one will be eliminated, and a new 36 sq. ft. deck will be accessible off the lower level. On the main level, some decks are being wholly demolished while some others are being remodeled. Finally, the upper level depicts the attic area that will be added to floor area and turned into a finished office. The decks are represented by the light blue color in the graphics. The floor area is represented by the tan color. The garage is represented by the orange color. Finally, the proposed site plan has been included Figure 3: Existing Lower Level Floor Area 51 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 5 of 11 Figure 4: Proposed Lower Level Floor Area 52 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 6 of 11 Figure 5: Existing Main Level Floor Area Figure 6: Proposed Main Level Floor Area 53 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 7 of 11 Figure 7: Existing Upper Level Floor Area Figure 8: Proposed Upper Level Floor Area 54 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 8 of 11 Figure 9: Proposed Site Plan DISCUSSION: Section 26.312.030 Nonconformities – Non-conforming structures Replacing nonconforming aspects of a structure is subject to Special Review and may be allowed to be replaced or reduced if certain review criteria are met. Staff’s perspective on the authority to continue a nonconformity is shaped by two primary aspects - the intent of the code and the review standards. The purpose statement (Section 26.312.010) of the Nonconformities chapter states: “Within the Zone Districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the 55 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 9 of 11 continued existence of those uses, buildings and structures that do not conform to the provisions of this Title as amended. It is the intent of this Chapter to permit nonconformities to continue, but not to allow nonconformities to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial investment in nonconformities in order to preserve the integrity of the zone districts and the other provisions of this Title but should not be construed as an abatement provision.” The Nonconformities chapter also includes language regarding Purposeful Destruction, Section 26.312.030.F.2: “Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review…” The proposed development constitutes more than “normal maintenance”. The proposal constitutes “purposeful destruction”. The applicant requests altering the existing residence in a manner that will decrease the floor area overage on the subject property. Since the existing structure is represented as over allowable floor area, rearranging and decreasing the existing non-conforming floor area requires a Replacement of Non-Conforming Structure review by the Planning and Zoning Commission. The proposed development does not extend or enlarge any areas that would increase the nonconforming nature of the structure. In fact, the proposed development reduces the floor area on site by approximately 1,700 sq. ft. This is a significant reduction on site that reduces mass, brings the property more into compliance with the zoning code (albeit still nonconforming), and provides no increase to the main structures exterior massing. Most of the proposed work on site involves changing existing crawl space into basement area and existing attic space into an accessible attic space. None of the changes increase the nonconforming aspects of the structure. Section 26.430.040 Special Review – Review standards for special review. The mass, height, density, configuration, amount of open space, landscaping, and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. The purpose of the R-30 zone district is “to provide areas for long-term residential purposes, Short-term Rentals, and customary accessory uses…Lands in the Low-Density Residential (R-30) Zone District are typically located along river frontages in outlying areas of the City. The proposed development continues to provide a long- term residence and an Accessory Dwelling Unit. The proposal reduces the overall floor area on site by approximately 1,700 sq. ft. It reduces the perceived mass of the building by eliminating several deck areas. The proposal involves utilizing existing space inside the structure that currently do not count as floor area and turning them into usable space and countable floor area. This type of reduction in floor area from the proposed development is rarely seen in Aspen, where maximizing floor area and returns on investment, generally take precedent for applicants over reducing floor area. The applicant and representative have made a concerted effort to bring this structure more closely into compliance with the land use code. The applicant is reducing the floor area attributed to the residence by approximately 102.49 sq. ft. and the floor area attributed to deck by approximately 1,676 sq. ft. This is a marked improvement to the bulk and mass of the project. It reduces the floor area by 1,778.49 sq. ft. on the property. The additional floor area is created by decreasing the amount of exposed wall area on the lower level by eliminating two large window wells. That changes the amount of countable floor area for the lower level and decreases the amount by 377.49 sq. ft. That additional floor area allows the applicant to finish out the attic space and add that 275 sq. ft. to the floor area. The applicant will also be lowering the garage slab by about 7’ to 56 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 10 of 11 accommodate a car lift. This improvement will involve lowering the slab beneath the existing garage and not changing the appearance of the garage area from the exterior. This will be 7’ below finished grade which is allowed by the land use code. This will also add additional below grade unexposed wall area to help the applicant reduce the countable floor area on the lower level of the structure. The proposed development will have a negligible impact on surrounding uses. A majority of the work will involve interior changes to turn the crawlspace into accessible basement area and the attic space (accessed through a hatch) into usable office space (connected with a door on the top floor). The associated deck removals and reconstructions will have no adverse impact on the shading, traffic, parking, or other land use code sections. 730 Bay Street is located in Oklahoma Flats, an interesting neighborhood in town, featuring steep slopes, stream margin review areas, and a plethora of lot configurations. 730 Bay Street is a large lot; however, the net lot area on the parcel is reduced by nearly 13,346.5 sq. ft. due to steep slopes. That is nearly 36% of the gross lot area that is excluded from the net lot area due to steep slopes. Additionally, the property was prescribed a building envelope as part of the Planned Development (Book 27, Page 71). All of the proposed development is within the building envelope or otherwise is an allowed exception into the setback according to current zoning code. No dimensional variations are proposed or increased. The applicant requests no variances for the proposed development as all development is located within the building envelope. The proposal involves reducing wall exposure on the lower level, thus allowing for the addition of the basement and attic areas into the floor area while still reducing overall floor area. The proposal eliminates roughly 1,700 sq. ft. of floor area from the site while eliminating mass and scale on the site. Literal enforcement of the dimensional provisions of the zone district would not cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. The property contains a large single-family dwelling unit with an attached ADU. Reasonable use of the property has been established over the years of this residence and ADU existing. With that being said, staff has identified 4 items that separate this project from similar projects. 1. The decrease and minimization of additional scale and massing on the site; 2. The utilization of existing interior spaces rather than additional exterior development; 3. No variances are requested; and, 4. This proposal will permanently eliminate approximately 1,700 sq. ft. of countable floor area from the site and further bring this site closer into conformity with current code. The applicant succinctly demonstrates in the application that in 1994 the property conformed to the code at the time. In 1994, any deck within 30” of grade was exempt from floor area calculations. Current code dictates that any deck greater than 6” of grade be counted towards floor area. The proposal eliminates 1,676 sq. ft. of deck area on site. The project focuses mostly on interior improvements which minimizes the mass and scale as perceived from the exterior of the site. Dropping the slab of the garage, finishing out crawlspace into basement space, and turning the attic into accessible space all utilize existing spaces within the existing building to reconfigure floor area. The applicant requests no variances to make this work possible and works within their building envelope to extend the lifespan of the existing structure. The applicant and representative have worked diligently to bring this project more into compliance with the current land use code and their efforts do not go unrecognized. Staff recognizes this project as a net positive to bring this property more into compliance with the land use code as it exists today. However, staff recognizes that there is no hardship that would hinder the applicant from reasonable enjoyment and use of the property if this project is not approved. Because of this hardship 57 730 Bay Street – Replacement of Nonconformities Planning and Zoning Commission Page 11 of 11 criteria, and only this criteria, staff must recommend that the Planning and Zoning Commission deny the proposed project or find that a hardship would be caused by denying the proposed project. REFERRAL COMMENTS: The proposed project was referred out to the Parks and Engineering Departments. The Parks and Engineering department conditions consisted of requirements that the applicant will need to fulfill at time of building permit submission. RECOMMENDATION: Community Development staff recommends the Planning and Zoning Commission deny the request for a continuation of a nonconformity. While the proposal meets most of the code, and staff believes would provide an overall benefit, staff does not believe there would be a hardship on this lot if the project is denied. However, if the commission can make findings that a hardship would be caused by denying the proposed project and that special site circumstances differentiate the property from other properties located in the same zone district, there would be grounds for approval. Additionally, staff does acknowledge that the proposed project – as a remodel – desirably avoids demolition. PROPOSED MOTION: Two motions are proposed. The first denies the resolution while the second approves the resolution. Should the Planning and Zoning Commission support staff’s recommendation, Motion 1 should be read. If the Planning and Zoning Commission disagrees with staff’s recommendation and feels that the review criteria has been met and wishes to approve the variance request, motion 2 should be read: Motion 1. “I move to deny Resolution #___, Series of 2024, granting approval of the proposed garage placement. If the Planning and Zoning Commission decides that the criteria are met for the Continuation of a nonconformity, and disagrees with staff’s recommendation, the following motion may be used: Motion 2. “I move to approve Resolution #___, Series of 2024, granting approval of the proposed garage placement. ATTACHMENTS: Resolution #___, Series of 2024 Exhibit A- Staff Responses to Review Criteria Exhibit B- Application 58 Planning and Zoning Commission Resolution #14, Series of 2024 Page 1 of 6 RESOLUTION #14 SERIES OF 2024 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR SPECIAL REVIEW TO REPLACE A NONCONFORMING STRUCTURE AT THE PROPERTY AT 730 BAY STREET, LEGALLY DESCRIBED AS LOT 2, VOLK LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1991 IN PLAT BOOK 27 AT PAGE 71, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2737-073-73-002 WHEREAS, the Community Development department received an application from Kraemer Land Planning representing Bay Street Owner LLC, requesting Special Review to replace a Nonconforming Structure related to a proposed remodel at 730 Bay Street: and, WHEREAS, the property is located in the Low-Density Residential (R-30) Zone District with a Planned Development (PD) overlay; and, WHEREAS, the Community Development department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the Land Use Code standards, the Community Development Director recommended denial of the requested development application; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the application under the applicable provisions of the Land Use Code as identified herein, in particular Section 26.430, Special Review, considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing on December 17th, 2024; and, WHEREAS, on December 17th, 2024, during a duly noticed public hearing, the City of Aspen Planning & Zoning Commission reviewed the project and voted to continue the application to February 4th, 2025; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that approval of the request as described below is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare, and, WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #14, Series of 2024, by a XX to XX (XX – XX) vote, approving the requested land use reviews as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: 59 Planning and Zoning Commission Resolution #14, Series of 2024 Page 2 of 6 Section 1: Approvals The existing single-family dwelling and attached ADU are a non-conforming structure as defined in the Land Use Code. Approval is granted for a remodel as depicted in Exhibit A to this resolution, including: • Converting 275 sq. ft. of existing unfinished attic into finished habitable floor area. • Converting existing crawl space toa full height accessible basement. • Dropping the slab of the garage to install a 2 level garage lift. • Reconfiguring deck area on site. The following table outlines the approved dimensional limitations that are permitted to continue. Minor adjustments may be made to the final proposed floor area due to unforeseen circumstances. All other development not subject to special review shall comply with all rules and regulations as deemed necessary by the City of Aspen upon review of the building permit submittal. Section 2: Engineering Department Conditions of Approval: 1. This project will be a major level engineering review and require a full PE Stamped Civil Plan Set, a PE Stamped Drainage report, and a Stamped Excavation stabilization plan. Other documents may be required at building permit submittal. 2. If the project triggers Major Level 2 review, this will require the property to come into full compliance with the Engineering Standards and the Urban Runoff Management Plan. Section 3: Parks Department Conditions of Approval: 1. Building permit submittal documents shall include a landscape plan, tree protection and preservation plan, a tree mitigation plan (planting plan), and irrigation design plan 2. Applicant shall note on all applicable plan sheets where encroachment into existing Tree Critical Root Zones is proposed to occur. 3. Tree Protection Zones shall be erected at the limits of existing Tree Critical Root Zones to be protected. 4. A development-related tree removal / Critical Root Zone Excavation Permit shall be submitted and reviewed by the City Forester upon Parks & Open Space approval of the master building permit submittal. Section 4: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with the lot for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property right. Section 5: 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 Dimensional Limitation Allowable Existing Proposed Floor Area 5016.52 sq. ft. 7,774.34 sq. ft. 5,995.85 sq. ft. 60 Planning and Zoning Commission Resolution #14, Series of 2024 Page 3 of 6 before the Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed, and approved this 17th day of December, 2024. Approved as to form: Approved as to content: ______________________________ __________________________________ Katherine Johnson, Assistant City Attorney Teraissa McGovern, Chair Attest: _______________________________ Tracy Terry, Deputy Clerk Attachment: Exhibit A – Approved Drawings & Calculations 61 Planning and Zoning Commission Resolution #14, Series of 2024 Page 4 of 6 Exhibit A – Approved Drawings & Calculations 62 Planning and Zoning Commission Resolution #14, Series of 2024 Page 5 of 6 63 Planning and Zoning Commission Resolution #14, Series of 2024 Page 6 of 6 64 730 Bay Street Replacement of Non-conforming Structure Review Criteria 730 Bay Street Planning and Zoning Commission Page 1 of 5 Sec. 26.312.030 Nonconformities – Non-conforming structures. Within the Zone Districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the continued existence of those uses, buildings and structures that do not conform to the provisions of this Title as amended. It is the intent of this Chapter to permit nonconformities to continue, but not to allow nonconformities to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial investment in nonconformities in order to preserve the integrity of the zone districts and the other provisions of this Title but should not be construed as an abatement provision. (a) Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. Staff Response: The property is located in the Low Density Residential (R-30) zone district with a Planned Development Overlay (Volk Lot Split). The existing structure contains a single-family residence and an attached Accessory Dwelling Unit (ADU). A detached residential dwelling unit and accessory dwelling units are permitted uses in the R -30 zone district. Staff finds this criterion is met. (b) Normal Maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. Staff Response: The proposed development constitutes more than “normal maintenance”. As such, the applicant applied for Special Review by the Planning and Zoning Commission. Staff finds this criterion is not applicable. (c) Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. Staff Response: The proposed development does not extend or enlarge any areas that would increase the nonconforming nature of the structure. In fact, the proposed development reduces the floor area on site by approximately 1,700 sq. ft. This is a significant reduction on site that reduces mass, brings the property more into compliance with the zoning code (albeit still nonconforming), and provides no increase to the main structures exterior massing. Most of the proposed work on site involves changing existing crawl space into basement area and existing attic space into an accessible attic space. None of the changes increase the nonconforming aspects of the structure. Staff finds this criterion is met. (d) Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. Staff Response: The structure is not proposed to be relocated. Staff finds this criterion is not applicable. (e) Unsafe Structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a 65 730 Bay Street Replacement of Non-conforming Structure Review Criteria 730 Bay Street Planning and Zoning Commission Page 2 of 5 duly authorized City official, but which an owner wishes to restore, repair, or rebuild shall only be restored, repaired, or rebuilt in conformity with the provisions of this Title. Staff Response: The proposed development does not involve any portion of the nonconforming structure being unsafe. Staff finds this criterion is not applicable. (f) Ability to restore. 1. Non-purposeful destruction. Any nonconforming structure that is Demolished, or portion thereof which is destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is submitted within twenty-four (24) months of the date of Demolition or destruction. 2. Purposeful destruction. Any nonconforming structure that is purposefully Demolished or portion thereof which is purposefully destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is submitted within twelve (12) months of the date of demolition or destruction. Staff Response: The proposal constitutes “purposeful destruction”. The applicant requests altering the existing residence in a manner that will decrease the floor area overage on the subject property. Since the existing structure is represented as over allowable floor area, rearranging and decreasing the existing non-conforming floor area requires a Replacement of Non-Conforming Structure review by the Planning and Zoning Commission. Staff finds this criterion is met. Sec. 26.430.040. Special Review – Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. (a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. (1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. (2) The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. Staff Response: The mass, height, density, configuration, amount of open space, landscaping, and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes o f the underlying zone district. The purpose of the R-30 zone district is “to provide areas for long-term 66 730 Bay Street Replacement of Non-conforming Structure Review Criteria 730 Bay Street Planning and Zoning Commission Page 3 of 5 residential purposes, Short-term Rentals, and customary accessory uses…Lands in the Low- Density Residential (R-30) Zone District are typically located along river frontages in outlying areas of the City. The proposed development continues to provide a long-term residence and an Accessory Dwelling Unit. The proposal reduces the overall floor area on site by approximately 1,700 sq. ft. It reduces the perceived mass of the building by eliminating several deck areas. The proposal involves utilizing existing space inside the structure that currently do not count as floor area and turning them into usable space and countable floor area. This type of reduction in floor area from the proposed development is rarely seen in Aspen, where maximizing floor area and returns on investment, generally take precedent for applicants over reducing floor area. The applicant and representative has made a concerted effort to bring this structure more closely into compliance with the land use code. Table 1 is a graphic from the applicant showing the existing to proposed floor area for the development. Table 1: Applicant graphic on Existing to Proposed Floor Area on site. The applicant is reducing the floor area attributed to the residence by approximately 102.49 sq. ft. and the floor area attributed to deck by approximately 1,676 sq. ft. This is a marked improvement to the bulk and mass of the project. It reduces the floor area by 1,778.49 sq. ft. on the property. The additional floor area is created by decreasing the amount of exposed wall area on the lower level by eliminating two large window wells. That changes the amount of countable floor area for the lower level and decreases the amount by 377.49 sq. ft. That additional floor area allows the applicant to finish out the attic space and add that 275 sq. ft. to the floor area. The applicant will also be lowering the garage slab by about 7’ to accommodate a car lift. This improvement will involve lowering the slab beneath the existing garage and not changing the appearance of the garage area from the exterior. This will be 7’ below finished grade which is 67 730 Bay Street Replacement of Non-conforming Structure Review Criteria 730 Bay Street Planning and Zoning Commission Page 4 of 5 allowed by the land use code. This will also add additional below grade unexposed wall area to help the applicant reduce the countable floor area on the lower level of the structure. The proposed development will have a negligible impact on surrounding uses. A majority of the work will involve interior changes to turn the crawlspace into accessible basement area and the attic space (accessed through a hatch) into usable office space (connected with a door on the top floor. The associated deck removals and reconstructions will have no adverse impact on the shading, traffic, parking, or other land use code sections. Staff finds this criterion is met. (b) Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after Demolition or destruction, the following criteria shall be met: (1) The proposed development shall comply with the conditions of Section 26.430.040(a) above; (2) There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; (3) No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and (4) Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. Staff Response: The proposed development complies with the conditions of Section 26.430.040(a) as shown above. 730 Bay Street is located in Oklahoma Flats, an interesting neighborhood in town, featuring steep slopes, stream margin review areas, and a plethora of lot configurations. 730 Bay Street is a large lot; however, the net lot area on the parcel is reduced by nearly 13,346.5 sq. ft. due to steep slopes. That is nearly 36% of the gross lot area that is excluded from the net lot area due to steep slopes. Additionally, the property was prescribed a building envelope as part of the Planned Development (Book 27, Page 71). All of the proposed development is within the building envelope or otherwise is an allowed exception into the setback according to current zoning code. No dimensional variations are proposed or increased. The applicant requests no variances for the proposed development as all development is located within the building envelope. The proposal involves reducing wall exposure on the lower level, thus allowing for the addition of the basement and attic areas into the floor area while still reducing overall floor area. The proposal eliminates roughly 1,700 sq. ft. of floor area from the site while eliminating mass and scale on the site. Figure 1: 730 Bay St. Building Envelope 68 730 Bay Street Replacement of Non-conforming Structure Review Criteria 730 Bay Street Planning and Zoning Commission Page 5 of 5 Literal enforcement of the dimensional provisions of the zone district would not cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. The property contains a large single-family dwelling unit with an attached ADU. Reasonable use of the property has been established over the years of this residence and ADU existing. With that being said, staff has identified 4 items that separate this project from similar projects. 1. The decrease and minimization of additional scale and massing on the site; 2. The utilization of existing interior spaces rather than additional exterior development; 3. No variances are requested; and, 4. This proposal will permanently eliminate approximately 1,700 sq. ft. of countable floor area from the site and further bring this site closer into conformity with current code. The applicant succinctly demonstrates in the application that in 1994 the property conformed to the code at the time. In 1994, decks were counted differently than current code. In 1994, any deck within 30” of grade was exempt from floor area calculations. Current code dictates that any deck greater than 6” of grade be counted towards floor area. The proposal eliminates 1,676 sq. ft. of deck area on site. The project focuses mostly on interior improvements which minimizes the mass and scale as perceived from the exterior of the site. Dropping the slab of the garage, finishing out crawlspace into basement space, and turning the attic into accessible space all utilize existing spaces within the existing building to reconfigure floor area. The applicant requests no variances to make this work possible and works within their building envelope to extend the lifespan of the existing structure. The applicant and representative have worked diligently to bring this project more into compliance with the current land use code and their efforts do not go unrecognized. Staff recognizes this project as a net positive to bring this property more into compliance with the land use code as it exists today. However, staff recognizes that there is no hardship that would hinder the applicant from reasonable enjoyment and use of the property if this project is not approved. As such, staff finds all criteria, except criteria (4), to be met. 69 Page | 1. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Bay Street Owner LLC: Special Review – Alteration of a Non- conforming Structure 730 Bay St. September 6, 2024 70 Page | 2. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 September 06, 2024 Bob Narracci Planning Director City of Aspen Community Development 427 Rio Grande Place Aspen, CO 81611 Dear Bob, Bay Street Owner LLC is the owner of property located at 730 Bay St. and is represented by Kraemer Land Planning and Z-Group Architects in this land use matter. Bay Street Owner LLC (hereafter “Applicant”) requests Special Review – Replacement of a Non-conforming Structure review for a renovation of the existing single family residence. The property was developed with a duly issued building permit and issued a Certificate of Occupancy in 1996. The property contains an attached Accessory Dwelling Unit (ADU) with a voluntary Deed Restriction. The Applicant proposes to remodel the existing residence and reconfigure floor area to capture previously permitted but unfinished attic space. The Applicant also proposes to change existing crawl space into full height basement, reconfigure existing deck/spa, into a new patio, and excavate below the existing garage for a 2 level garage lift. Landscape improvements are also proposed. Floor area for the property and massing will decrease through an elimination of certain decks that exceeds exemptions and tabulate towards allowable floor area. The Applicant requests Special Review by the Planning and Zoning Commission for replacement/continuation of a non-conformity. A pre-application conference summary was provided on June 5th, 2024 indicating the land use review processes for this request. The following land use application details the request and is broken up into Sections: I. Exhibits II. Background and Existing Conditions III. Land Use and Permit History IV. Proposal V. Land Use Compliance and Review Standards VI. Summary 71 Page | 3. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section I: Exhibits: The following exhibits are provided for a complete application and relate to Section II through Section V. All exhibits are referenced throughout the body of this application: A. Survey – Peak Surveying, Inc. (8.9.24) B. Proposed Drawings C. Previous Land Use History 1. ADU Deed Restriction – Rec. #371582 2. Certificate of Occupancy – Permit 4-325 (11.25.96) 3. Permit 4-325 Floor Area Calculation Sheet 4. Permit 4-325 Permit Application 5. Permit 4-325 Permit Drawings 6. Volk Split Ordinance No. 43, Series 1989 7. Volk SIA, Rec. No. 314104 8. Reinstated Volk Plat, BK27 PG71 9. Driveway Easement Agreement, Rec. No. 658960 D. Administrative Documents 1. Land Use Application 2. HOA Compliance Form 3. Agreement To Pay Form 4. Letter of Authorization 5. Proof of Ownership – Land Title Ownership Report 6. Pre-application Conference Summary – PRE-24-064 7. Vicinity Map 72 Page | 4. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section II Background and Existing Conditions: The subject property is located on the north side of the Roaring Fork River in the Oklahoma Flats neighborhood, within the Aspen City limits. The property is comprised of the 2 lot Volk Subdivision containing an historic residence at 720 Bay Street (Lot 1) and a single-family residence, a non-mandatory occupancy ADU, and attached garage at 730 Bay Street (Lot 2). According to the issued survey, the subject property is approximately 36,938 sq. ft. in gross lot size. In review of the Pitkin County Assessor website and archived building files, the existing residence on Lot 2 was originally constructed in 1996 pursuant to Building Permit #4- 325. A Certificate of Occupancy for the residence has been issued to the existing residence and is retained in City files. The property is bordered by residential development on the north and west. A city trail borders the property to the east that allows pedestrian and bicycle public access through the Oklahoma Flats neighborhood. The Bay Street Right of Way (ROW) borders the subject property to the south. Legal access to the property is provided by both E Frances Street and Bay Street, with Bay Street holding the property address. Figure 1: 730 Bay Street 2022 Aerial Photo. Property outlined in GREEN. 73 Page | 5. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Property Zoning: R-30 (Low Density Residential – 30,000 sq. ft. minimum gross lot area) Table 1: R-30 Zoning Requirements Minimum Gross Lot Area: 30,000 sq. ft. Lot Size (per survey): 36,938 sq. ft. Net Lot Area River or natural water body Slope deductions Slopes > 20% up to 30% at 50% Slopes > 30% at 100% 0 sq. ft. (-)1,623.6 sq. ft. (-) 11,722.9 sq. ft. 23,608.62 sq. ft. Allowable Floor Area: 5,016.52 sq. ft. Front Yard Setback: 25’ principal 30’ accessory Minimum Side Yard Setback: 10’ Rear Yard Setback: 10’ principal 5’ accessory Height Limit: 25’ Existing residence 74 Page | 6. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section III Previous Land Use & Building Permit History: Volk Lot Split – 1989 • Ord. No. 46, Series of 1989 • Subdivision Improvement Agreement (Rec. #314104) • Reinstated Volk Plat (Bk. 27 Pg. 71) The City of Aspen approved the Volk Lot Split (a.k.a “Subdivision”) pursuant to City Council Ordinance No. 43, Series 1989. This Ordinance executed the final plat and established conditions of the subdivision relating to vested property rights and applicability of past and future Code requirements. The Volk Subdivision plat was approved and recorded in 1989 and later amended and reinstated pursuant to the Plat filed at BK27 PG71. The City Ordinance is silent to any PUD specifics. A Subdivision Improvements Agreement (SIA) was executed between the owner and the City of Aspen establishing Volk subdivision parameters. Building envelopes are identified on the plat which includes a note that states the envelopes: “…apply only to the two (2) single family residences and their respective accessory dwelling units. All other accessory buildings and uses may be located outside of their designated building envelopes.” All buildings are located within the platted building envelope for Lot 2. Figure 2: Volk Lot Split Subdivision/PUD 75 Page | 7. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Building Permit 4-325 – 1994-96 The building permit enabling construction of the current single family residence was issued by the City of Aspen building department on September 9th, 1994. A Certificate of Occupancy was issued on November 25th, 1996. Building permit records include floor area calculations and floor plans that demonstrate the single family residence was in compliance with the maximum allowable floor area and floor area calculation methodology in the code at that time. Floor plans from the original construction of the residence are included in the application. Since the permit was approved and a Certificate of Occupancy was issued, there have been a number of code changes that have resulted in the current non-conforming status: 1. Net Lot Area – Steep Slope Deductions: The 1994 permit’s floor area calculation did not include net lot area deductions for steep slopes. The maximum allowable floor area in 1994 was 5,813 sq. ft. That is the allowable floor area under current code based on gross lot area. Current code uses net lot area to determine allowable floor area. Accounting for current steep slope deductions and the net lot area calculation, the current maximum allowable floor area for the property is 5,016.52 sq. ft. The inclusions of the net lot area steep slope deduction reduce the maximum allowable floor area of the property by 800 sq. ft., which contributes to the non-conforming status of the property today. 2. Deck Exemption: In 1994, any deck that was within 30” of grade was exempt and not included in the 15% deck exemption or floor area calculations. Under current code, any deck that is more than 6” above grade counts toward the properties deck area total. Exterior stairs are more strictly tabulated along with roof overhang calculation methodologies. These changes have a significant impact on the floor area calculations because in 1994, the property only included 850 sq. ft. of deck. 3. Garage exemption: the 1994 permit exempted 500 sq. ft. of garage from the floor area calculation. Current code only exempts 375 sq. ft. of garage floor area. 4. ADU Exemption: in 1994, 250 sq. ft. of the ADU was exempt from floor area. Under current code, because the ADU is attached and not a for sale unit, it does not qualify for a floor area exemption. Of note, in 1994 detached ADU’s were prohibited unless there was alley access, now detached ADUs are generally required. The result of these code changes is that the property now legally exceeds the maximum allowable floor area when calculated using the current methodologies. No changes from the originally permitted structure have occurred. The residence is considered a legally established non-conforming structure. 76 Page | 8. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section IV Proposal: The Applicant requests Special Review approval for the following development activities: • Convert 275 sq. ft. of existing unfinished attic into finished habitable floor area. The use of the new attic will be a home office. • Change existing 5’6” crawl space into full height basement. Add a 2 level garage lift. • Remove a lower level deck and outdoor spa to create new on-grade patio and new spa lowered into grade. • Reconfigure a rear deck. • Install trees and a landscape wall to better screen from E. Francis Street. To balance the increase, the Applicant proposes to remove deck floor area and basement wall exposure that tabulates towards floor area. Removing exterior deck area will reduce the perceived mass of the residence thereby allowing an existing attic space conversion. This results in reduced final calculated floor area. Removal of the deck eliminates an appended element that contributes to the perceived mass of the legal non-conforming structure. Figure 3: Interior attic conversion to office space. Note: no change to exterior of structure. 77 Page | 9. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Figure 4: Street facing deck to be removed in GREEN Figure 5: Rear deck to be removed in GREEN Reconfigured rear deck 78 Page | 10. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 This reduction in perceived mass is consistent with the purpose and intent of the floor area regulations of the land use code to limit bulk and mass of structures, and is consistent with the intent and purpose of the non-conformities section. The Applicant proposes to remodel and extending the life of an existing structure, which aligns with other policies as stated by the City Council and re-enforced by the land use code. Demolition of the structure is not proposed. This application is a result of technical calculation methodologies that have changed over time and reduces the massing of the structure and more efficiently utilizes the existing building envelope based on the current owner’s preferences. Figure 6: Existing deck and spa to be lowered for new on grade patio and spa. Viewed from E. Francis Street. 79 Page | 11. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Table 2: 1994 Floor Area Summary: 1994 Calc* Upper Level 1,297 sq. ft. Main Level 3,600.5 sq. ft. Lower Level 965 sq. ft. Total ADU 528 sq. ft. ADU Exemption -250 sq. ft. Garage Exemption - 500 sq. ft. Deck Area 850 sq. ft. Allowable Deck Exemption 872 sq. ft. Deck Area included in Total FA 0 sq. ft. Total 5,112.5 sq. ft.** * Based on permit records using methodology in the code at that time, see Exhibit C.3. ** 1994 Allowable Floor Area = 5,813 sq. ft. Table 3: Current Floor Area Summary*: Existing Change Proposed Upper Level 1,114 sq. ft. (+) 275 (attic) 1,389 sq. ft. Main Level** 3,349 sq. ft. No Change 3,349 sq. ft. Lower Level*** 1,190.82 sq. ft. (-) 377.49 sq. ft. 813.33 sq. ft. Total Deck 2,873 sq. ft. (-) 1,676 sq. ft. 1,197 sq. ft. Exempt Deck 752.48 sq. ft. -- 752.48 sq. ft. Exempt Front Porch 435 sq. ft. (-) 5 sq. ft. 430 sq. ft. Deck Area Attributable to Calculated Floor Area 2,120.52 sq. ft. (-) 1,676 sq. ft. 444.52 sq. ft. Total Calculated Floor Area 7,774.34 sq. ft. (-) 1,778.49 sq. ft. 5,995.85 sq. ft. * Using current measurement methodology in the Code. ** Includes ADU ***Includes Garage (-375 Sq. ft. Exemption) 80 Page | 12. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section V Land Use Code Review Standards: Land Use Code Chapter 26.304 – Common Development Review Procedures Applicant Response: The Applicant understands the requirements of this section. A pre- application summary was provided on June 5th, 2024. The deposit outlined in the pre-app will be paid upon notification of completeness. If the Planning and Zoning Commission grants approval, the Applicant understand that approval will be documented by issuance Resolution and Development Order that will include a three year vested right. Land Use Code Section 26.312.030 – Non-conforming structures includes the following relevant code language: (a) Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. (b) Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. (c) Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. (f) Ability to restore. 2) Purposeful destruction. Any nonconforming structure that is purposefully Demolished or portion thereof which is purposefully destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is submitted within twelve (12) months of the date of demolition or destruction. Applicant Response: The structure contains a residential use which is permitted in the R-30 Zone District. The proposed development activities will change existing uninhabitable space into an office but reduce overall floor area by eliminating deck area. The scope results in a reduction in massing as appended elements are eliminated, and only interior space is reconfigured. Expansion and/or enlargement of the nonconformity are not proposed. Demolition is not proposed. The application requests the Planning and Zoning Commission approve the Special Review request as described. in a legally established non-conforming structure. Land Use Code Section 26.430.040.A – Special Review Dimensional Requirements: 81 Page | 13. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 (a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. 1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 2) The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. Applicant Response: The proposal will be in compliance with height, density, lot configuration, open space, landscaping and setback requirements for the R-30 zone district. Due to Land Use Code changes to deck calculations, among other changes, existing deck area exceeds the 15% deck exemption and contributes to the majority of the legal non-conforming floor area on the property. The property will continue to be used as a single family residence, consistent with the surrounding neighborhood, and the use will not change. The proposal has no adverse impacts relating to shading, traffic, parking and all other applicable land use regulations. Land Use Code Section 26.430.060.B – Special Review, Replacement of Non- conforming Structures: (b) Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after Demolition or destruction, the following criteria shall be met: 1) The proposed development shall comply with the conditions of Section 26.430.040(a): Applicant Response: As described above, the development proposal complies with Section 26.430.060(a). 2) There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; Applicant Response: The property contains steep slopes that contribute to significant net lot area reductions and reduced floor area. Since the property was developed in the 1990’s, deck calculations have become more strictive. These conditions are unique to this property. 3) No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and Applicant Response: The residence is not being replaced and an interior remodel is only proposed. Floor area will not be increased by this application and will be reduced. Special Review approval will enable the current property to be renovated, enabling its reasonable use. A variance is not requested. 4) Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. 82 Page | 14. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Applicant Response: Renovation of the existing structure is proposed and no additions or increases in massing or floor area are contemplated. Massing of the structure will be reduced by removing appended massing elements – exterior decks. The non-conformities section is intended to prevent expansions or enlargements to non-conforming elements, which is not the case with this application. To prohibit renovating and reconfiguration of the existing residence would prevent needed maintenance upgrades and create an unnecessary hardship by preventing a reasonable and practical interior remodel that does not result in an increase in floor area but reduces floor area. Land Use Code Section 26.710.080 – Low-Density Residential (R-30) Zone District Applicant Response: The property is approximately 36,939 sq. ft., which exceeds the minimum Gross Lot Area required in this zone district (requirement = 30,000 sq. ft.). The property is not square, but it has two street facing lot lines. The Bay St. lot line is ~110’ in length, the Francis St. Lot line is ~155’ in length – each comply with the minimum lot width requirement (100’). Compliance with floor area limitations of the zone district is enumerated in Table 2. Floor area will remain consistent with existing floor area. The property currently complies with all applicable setback requirements, and the proposed renovation will continue to comply with all setbacks. The applicable setbacks for a primary residential structure in this zone district are: • Front = 25’ (30’ for accessory buildings) • Side: 10’ • Rear: 15’ (accessory 5’, all other buildings 30’) The structure complies with the maximum height limit of 25’, no changes are proposed to the height of the structure. Section VI Summary: Thank you for considering this Special Review – Continuation of a Non-conformity application for a renovation and reconfiguration of floor area to a legally established non- conforming structure at 730 Bay St. This request meets and exceeds all the applicable Land Use Code requirements for Special Review approval. This proposal enables a renovation and reconfiguration of existing floor area that will enable the continued use of the existing structure without impactful alterations or redevelopment. The request is consistent with the purpose statement of the Non-conformities section which states, “It is the intent of this Chapter to permit nonconformities to continue, but to not allow nonconformities to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial investment in non- 83 Page | 15. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 conformities in order to preserve the integrity of the zone districts and other provisions of this Title but should not be construed as an abatement provision.” Floor area will remain the same, but overall massing will be reduced – the proposal does not enlarge or expand the extent of non-conformity. This is a technical change as a result of a minor renovation and reconfiguration of interior programing. The renovation will result in far less than 40% demolition, which is consistent with the intent of numerous other provisions in the land use code. The Applicant has provided all the requested information set forth on the pre-application summary from City of Aspen Community Development Staff. If additional information is needed, the Applicant is more than willing to assist in providing all necessary information for a complete review. Thank you, Mike Kraemer Kraemer Land Planning 84 W W W G G G G G G G T T T T T T T T T T T T T T CT V CT V C T V EX - U E EX - U E EX - U E EX-UE EX-UE EX- U E CTV CTV CTV CTV T X X X T BOULDER BORDER GRAVEL DRIVEWAY SPA GRAVEL DRIVEWAY WOOD DECKCOVERED WOOD PORCH WOOD DECK BOULDER WALL WOOD DECK CONCRETE PATIO T1 T2 T4 T5T6 T7 T8 T9 T10 T12 T11 T14 T16 T18 T21 T13 T22 T24 T26 T25 T30 T29 T31 T32 T33T34 T35 T20 T27 T28 #5 REBAR & ALUMINUM CAP P.L.S. #33645 FOUND BEARS S2°23'11"W 1.38' #5 REBAR & ALUMINUM CAP P.L.S. #33645 FOUND BEARS S69°59'53"W 1.99' #5 REBAR & ALUMINUM CAP P.L.S. #33645 FOUND BEARS S39°13'47"W 2.78' #5 REBAR & ALUMINUM CAP P.L.S. #33645 FOUND BEARS S59°36'50"W 3.56' #5 REBAR & ALUMINUM CAP P.L.S. #33645 TBM = 7884.74' #5 REBAR & ALUMINUM CAP P.L.S. #16129 FOUND FLUSH WITH GROUND 32.5' WITNESS CORNER LOT 2 0.848 ACRES± 730 BAY STREET 2 STORY LOG CABIN W/ WALKOUT ADJOINER SHED ADJOINER SHED TIE PLANTER 20.6' 98 . 9 ' 83.1' STUCCO WALL GAS LINE @ BOILER STAIRS (TYP.) D STORM DRAIN S WV DYH T3 T15 T17 T19 T23 T36 T37T39 T38 T40 T41 T42 T43 T44T45 T46 T47 T48 T49 T50 T51 T52 T53 T54 T59 T55 T58 T57 T56 T60 T61 T62 T63 T64 T65 T66 T67 T68 T69 T70 T71 T72 T73 T74 T75 T76 T77 T78 T79 T80 T81 T82 T83 T84 T85 T86 T87 T88 T89 T90 T91 T92 T93 T94 T95T96 T97 T98 T99 T100 T101 T102 T103 T104 T105 T106 T107 T108 T109 T110T111 T112 T113 T114 T115 T116 T117 T118 T119 T120 T121 T122 T123 T124 T125 T126 T127 T128 T129 T130 T131 T132 T133 T134 T135 T136 N 74° 3 0 ' 0 0 " W 1 1 0 . 0 0 ' N 1 5 ° 3 0 ' 0 0 " E 7 5 . 0 0 ' N 74° 3 0 ' 0 0 " W 8 2 . 5 0 ' N 1 5 ° 3 0 ' 0 0 " E 1 0 1 . 0 0 ' N 77°30'00 " E 1 5 5 . 5 5 ' S 82°43'33" E 5 5 . 7 3 ' S 1 5 ° 3 0 ' 0 0 " W 2 5 7 . 0 0 ' BA S I S O F B E A R I N G S BOULDER WALL UNDERGROUND ELECTRIC LINE (TYPICAL) UNDERGROUND CABLE TV LINE (TYPICAL) UNDERGROUND TELEPHONE LINE (TYPICAL) UNDERGROUND GAS LINE (TYPICAL) FENCE (TYPICAL) #5 REBAR & ORANGE PLASTIC CAP P.L.S. #16129 FOUND 0.60' BELOW GROUND BEARS S 82°34'15" W 23.04' #5 REBAR & ORANGE PLASTIC CAP P.L.S. #16129 FOUND 0.30' ABOVE GROUND BEARS S 28°05'38" W 26.21' STAIRS CO N C R E T E AP R O N FENCE (TYPICAL) 15.2' 7.3 ' 5.5'3.4'6.7' 3 . 2 ' 9.2' 7.0 ' 20.0' 26 . 0 ' 11.9' 16 . 0 ' 4.2' 26 . 0 ' 24.2' 26 . 5 ' 5.4' 11 . 3 ' 16.4'5.0 ' 15.6' 7.6 ' 21.1' 7.7 ' 7.9' 14 . 2 ' 8.0' 7.4 ' 20.4' WINDOW WELL CO CLEANOUT BUIL D I N G S E T B A C K P E R P L A T B O O K 2 7 P A G E 7 1 B U I L D I N G S E T B A C K P E R P L A T B O O K 2 7 P A G E 7 1 SEWER MANHOLE WATER VALVE FIRE HYDRANT LOT 1 LOT 9 AND 10 BLOCK 3 OKLAHOMA FLATS ADDITION LOT 1 CREEKTREE SUBDIVISION CITY OF ASPEN GIBSON AVENUE PARCEL 2737 NO INFORMATION ASPEN JOY LLC SPECIAL WARRANTY DEED REC NO. 614266 B&Z 2010 REV TRUST WARRANTY DEED REC NO. 441594 BAY S T R E E T ASPH A L T R O A D BAY S T R E E T ASPH A L T P A T H AC AC A.C.UNIT (TYPICAL) WINDOW WELL FOUNTAIN 3.1' 3.1' 2. 2 ' 2. 6 ' RIDGE EL = 7902.20' RIDGE EL = 7902.17' RIDGE EL = 7908.28' RIDGE EL = 7911.18' RIDGE EL = 7904.93' THRESHOLD EL = 7885.00' THRESHOLD EL = 7874.94' THRESHOLD EL = 7874.88' 7874.74' 7874.76' 7879.46' FOUND SPIKE BEARS S 17°02'47" W 76.35' TO NORTHEAST CORNER LOT 2, VOLK LOT SPLIT AND N 63°50'07" W 2.10' TO NORTH CORNER, LOT 1 CREEKTREE SUBDIVISION 7877.96' BUILDING SETBACK PER PLAT BOOK 27 PAGE 71 7877.89' 7877.94' 7877.96' 7878.24' 7878.21' 7877.95' 7874.75' 7874.90' ACCESS EASEMENT AREA A FOR THE BENEFIT OF LOT 2 PER REC. NO. 658960 FRA N C I S S T R E E T 15' R O W FRANCIS S T R E E T 15' ROW UTILITY EASEMENT FOR THE BENEFIT OF LOT 2 PER REC. NO. 658960 ACCESS EASEMENT AREA B FOR THE BENEFIT OF LOT 2 PER REC. NO. 658960 FR A N C I S S T R E E T AS P H A L T R O A D 7 9 0 0 7 8 9 5 7 8 9 0 7 8 8 5 78 8 0 7875 7 8 7 3 7 8 7 5 7 8 8 0 7 9 0 5 S 68°5 2 ' 0 1 " W 1179.4 1 ' S 0 5 ° 1 2 ' 0 6 " E 1 1 2 8 . 6 2 ' CITY OF ASPEN GPS Q159 CITY OF ASPEN GPS 4 100 YEAR FLOOD PLAIN PER F.E.M.A. 1987 AND PLAT AT BOOK 27 PAGE 71 0.2% ANNUAL CHANCE FLOOD PER F.E.M.A. DATED AUGUST 15, 2019 AS PANEL NO. 08097C0358E E TELEPHONE PEDESTAL E E E E ELECTRIC METER ELECTRIC BOXES ELECTRIC TRANSFORMER 10'X10' ELECTRIC EASEMENT PER REC. NO. 393614 7 9 0 5 7 9 1 0 7 9 1 5 7 9 2 0 SLOPE TABLE NUMBER 1 2 3 MIN. SLOPE 0.000% 20.000% 30.000% MAX. SLOPE 20.000% 30.000% 3000.000% COLOR AREA 21985.02 3247.20 11722.90 NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ByNO.Date Project NO.RevisionDrawn By: Checked By: Date: Computer File: P.O. Box 1746 Rifle, CO 81650 Phone (970) 625-1954 Fax (970) 579-7150 www.peaksurveyinginc.com S NW E P e a k S u r v ey i ng, Inc. Es t . 2 0 0 7 24008 1 OF 1 BAY STREET OWNER LLC CITY OF ASPEN, COLORADO IMPROVEMENT SURVEY VOLK LOT SPLIT, LOT 2 730 BAY ST SMS JRN MARCH 19, 2024 008 .DWG 1 03/25/24 UPDATE SLOPES JRN 2 08/08/24 UPDATE TOPO JRN 3 08/09/24 UPDATE TOPO JRN IMPROVEMENT SURVEY PLAT AND TOPOGRAPHIC SURVEY LOT 2, VOLK LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1991 IN PLAT BOOK 27 AT PAGE 71 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO N E S W 0 30 60 90 120 150 180 210 240 270 300 330 P e a k S u r v e y i n g , I n c . 020 20 40 8010 PROPERTY DESCRIPTION LOT 2, VOLK LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1991 IN PLAT BOOK 27 AT PAGE 71 COUNTY OF PITKIN STATE OF COLORADO IMPROVEMENT SURVEY STATEMENT I, JASON R. NEIL, HEREBY CERTIFY TO BAY STREET OWNER LLC., THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS IMPROVEMENT SURVEY PLAT IS TRUE, CORRECT AND COMPLETE BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF AS LAID OUT AND SHOWN HEREON; THAT THIS IMPROVEMENT SURVEY PLAT WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION ON JANUARY 29, 31, FEBRUARY 21, AND JULY 26, 2024; THAT THIS IMPROVEMENT SURVEY PLAT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED; THAT, IN THE PREPARATION OF THIS IMPROVEMENT SURVEY PLAT, I RELIED UPON THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. Q62017035, DATED EFFECTIVE MARCH 1, 2024; THAT THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS OF WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THE REAL PROPERTY AND MATTERS REFERENCED IN SAID TITLE COMMITMENT CAPABLE OF BEING SHOWN ARE ACCURATELY SHOWN, AND THAT THIS PLAT IS IN ACCORDANCE OF AN IMPROVEMENT SURVEY PLAT AS SET FORTH IN C.R.S. §38-51-102(9). DATED: AUGUST 09, 2024 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC. NOTES: 1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING SETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. Q62017035, DATED EFFECTIVE MARCH 1, 2024. 2) THE DATE OF THIS SURVEY WAS JANUARY 29, 31, FEBRUARY 21, AND JULY 26, 2024. 3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S 15°30'00" W BETWEEN THE SOUTH EAST CORNER OF LOT 2, A NO. 5 REBAR AND ALUMINUM CAP P.L.S. 33645 FOUND IN PLACE AND THE EASTERLY BOUNDARY POINT FOR LOT 2, A NO. 5 REBAR AND ALUMINUM CAP P.L.S. NO. 16129 FOUND IN PLACE. 4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET. 5) THIS SURVEY IS BASED ON THE AMENDED AND RESTATED FINAL PLAT OF VOLK LOT SPLIT (A PLANNED UNIT DEVELOPMENT) RECORDED NOVEMBER 13, 1991 IN PLAT BOOK 27 AT PAGE 71, IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE. 6) ELEVATIONS ARE BASED ON GPS OBSERVATION UTILIZING THE WESTERN COLORADO RTVRN NETWORK (1988 DATUM) YIELDING AN ON-SITE ELEVATION OF 7884.74' ON THE SOUTHEASTERN CORNER OF LOT 2 AS SHOWN. CONTOUR INTERVAL EQUALS 1 FOOT. 7) THERE WAS APPROXIMATELY 24-48" OF SNOW AND ICE ON THE GROUND AT THE TIME OF THE JANUARY-FEBRUARY SURVEY. 8) THE BOUNDARY AS SHOWN IS THE PLATTED VOLK LOT SPLIT LINEWORK. IT IS BELIEVED BY PSI THAT CORNERS SET BY THE PREVIOUS SURVEYOR AS SHOWN HAVE BEEN SET IN ERROR. SUBSTANTIAL BOUNDARY SEARCH AND ANALYSIS WILL BE REQUIRED TO ASSESS ADJOINER AND SUBJECT PROPERTY BOUNDARY LINES. TREE CHART COL O R A D O L I CE N S E D P R O F E SSIONAL L A N D S U RVEYO R JAS O N R . NE I L 37935 Exhibit A 85 Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 2 4 P M A-0.01 COVER SHEET OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN DUNN 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 SH SHEET INDEX: ARCHITECTURAL PROJECT SCOPE •• •• •• (SEE INDIVIDUAL DISCIPLINE COVER SHEETS FOR SHEET INDEXES) GENERAL INFORMATION, ZONING AND CODE ANALYSISGENERAL INFORMATION, ZONING AND CODE ANALYSIS (INCLUDED IN ARCHITECTURAL INDEX) SURVEYSURVEY LANDSCAPELANDSCAPE ARCHITECTURALARCHITECTURAL This Document Set pertains to Landuse applicationReplacement of Non-conforming Structure Review Interior renovation of existing structure.Scope: SHEET LISTSHEET LIST A-0.01 COVER SHEET SURVEY L.0.03 OVERALL SITE PLAN L.3.00 PLANTING PLAN A-0.10Z CHARACTER DEPICTION A-0.11Z FAR CALCULATION - EXISTING A-0.12Z FAR - EXISTING EXPOSURE A-0.13Z FAR CALCULATIONS - PROPOSED A-0.14Z FAR - PROPOSED EXPOSURE A-0.05Z FAR BUILDING SECTIONS A-002D FLOOR PLAN - EXISTING LOWER LEVEL A-003D FLOOR PLAN - EXISTING GRADE LEVEL A-004D FLOOR PLAN - EXISTING SECOND LEVEL A-102 FLOOR PLAN - PROPOSED LOWER LEVEL A-103 FLOOR PLAN - PROPOSED GRADE LEVEL A-104 FLOOR PLAN - PROPOSED SECOND LEVEL DISCIPLINE SEQUENCE: CONTACT DIRECTORY PROJECT INFORMATION SURVEY : ARCHITECTURAL HEIGHT REFERENCE 7885' = 100'-0" VICINITY MAP PROJECT LOCATION OWNER:Jonathan & Effie Ofer 730 BAY STREET ASPEN, CO 81611 CONTACT: JJ OFER jjofer@gmail.com ARCHITECT:Z-GROUP ARCHITECTS, P.C. 208 MIDLAND AVE. BASALT, CO 81621 970-925-1832 OFFICE CONTACT: STEVEN DUNN 970-309-8233 steve@zgrouparchitects.com SURVEYOR:PEAK SURVEYING, INC P.O. BOX 1746 RIFLE, CO 81650 970-625-1954 OFFICE CONTACT: JASON NEIL 970-987-1382 jason@peaksurveyinginc.com SPECS.: MEP: STRUCTURAL: CIVIL: CONTRACTOR: LANDSCAPE:CONNECT ONE DESIGN 350 MARKET STREET, SUITE 307 BASALT, CO 81621 970-355-5457 OFFICE CONTACT: KATIE TABOR 970-618-3324 kt@connectonedesign.com PROJECT: OFER RESIDENCE 730 BAY STREET ASPEN, CO 81611 PARCEL ID: 273707373002 LEGAL DESCRIPTION: SEE SURVEY AND PLATS ZONE DISTRICT: R-30 OCCUPANCY TYPE: R-1 CONSTRUCTION TYPE: V-B SPRINKLER: NOT SPRINKLERED PROPERTY SIZE: 0.848 ACRES BLDG. AREAS: REF. AREA PLANS HEIGHT: 31'-8" NON CONFORMING SETBACKS: SEE PLAT BOOK 27/PAGE 71 ADOPTED CODES:CITY OF ASPEN LAND USE CODE BUILD. CODE: 2021 ICC SERIES 2017 ICC A117.1 ELECT. CODE: NEC (CURRENT STATE ADOPTION) No. Description Date 1 CITY OF ASPEN PLANNING APPLICATION Exhibit B 86 87 88 Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 3 8 P M A-0.10Z CHARACTER DEPICTION OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 PAINT EAVE & TRIM CHARCOLE STAIN LOG SIDING NATURAL GRAY 89 UP DN DN DN UP DN DN UP UP DN 2 A-0.15Z UPPER LEVEL - 1044 SF DECK - 140 SF ATTIC DECK 94 SF STORAGE 70 SF OPEN TO BELOW 1 A-0.15Z 3 A-0.15Z 2 A-0.15Z MAIN LEVEL - 3,349 SF DECK 1 1,140 SF FRONT PORCH EXEMPT DECK 2 131SF ADU DECK 3 120 SF ADU DECK 4 210 SF 1 A-0.15Z 3 A-0.15Z ADU 2 A-0.15Z BASEMENT LEVEL - 1,960 SF WINDOW WELL HOT TUB DECK 506 SF BEDROOM PATIO 1 441 SF DECK - 91 SF WI N D O W W E L L GARAGE 594 SF 1 A-0.15Z 3 A-0.15Z CRAWL SPACE EX I S T I N G 6 ' OV E R H A N G I N G D E C K Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 3 8 P M A-0.11Z FAR CALCS-EXISTING OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/8" = 1'-0"1 FAR EXISTING - UPPER LEVEL 1/8" = 1'-0"3 FAR EXISTING - MAIN LEVEL 1/8" = 1'-0"4 FAR EXISTING - LOWER LEVEL 90 MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL90'-0" 245 SQ. FT. 171 SQ. FT. 50 SQ. FT. (2) ANGLED WALLS CRAWL SPACE 2 A-0.15Z MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" 140 SQ. FT.54 SQ. FT. MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" CRAWL SPACE BEYOND 213 SQ. FT.29 SQ. FT.98 SQ. FT. 2 A-0.15Z MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" CRAWL SPACE 353 SQ. FT. 1 A-0.15Z 3 A-0.15Z MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" 140SQ. FT.179 SQ. FT. MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 53 SQ.FT. MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 24 SF MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 212 SQ. FT.212 SQ. FT. 151 SQ. FT. 60 1 A-0.15Z 3 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 1 P M A-0.12Z FAR - EXIST. EXPOSURE OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/8" = 1'-0"5 FAR-EXISTING EXPOSURE-SOUTH ELEVATION 1/8" = 1'-0"2 FAR-EXISTING EXPOSURE-NORTH CARETAKER ELEVATION 1/8" = 1'-0"1 FAR-EXISTING EXPOSURE-NORTH ELEVATION 1/8" = 1'-0"8 FAR-EXISTING EXPOSURE-EAST ELEVATION 1/8" = 1'-0"7 FAR-EXISTING EXPOSURE-EAST CARETAKER ELEVATION 1/8" = 1'-0"6 FAR-EXISTING EXPOSURE-SOUTH CARETAKER ELEVATION 1/8" = 1'-0"4 FAR-EXISTING EXPOSURE-WEST GREATROOM ELEVATION 1/8" = 1'-0"3 FAR-EXISTING EXPOSURE-WEST ELEVATION EXPOSED WALL AREA : EAST: 140 SF SOUTH:274 SF WEST:575 SF NORTH:181 SF TOTAL:1,170 SF SUB-GRADE WALL AREA: EAST:289 SF SOUTH:245 SF WEST:84 SF NORTH:353 SF TOTAL:971 SF 91 UP DN DN DN DN DN UP DN UPPER LEVEL - 1044 SF DECK - 140 SF 94 SF STORAGE ATTIC 70 SF ATTIC 275 SF OPEN TO BELOW 4 A-0.15Z MAIN LEVEL - 3,349 SF FRONT PORCH EXEMPT DECK 3 120 SF DECK 1 700 SF DECK 2 83 SF DECK 4 24 SF 4 A-0.15Z BASEMENT LEVEL - 2,870 SF GARAGE 594 SF NEW BASEMENT MECH EQUIP COURT DECK 36 SF WINDOW WELL 4 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 1 P M A-0.13Z FAR CALCS-PROPOSED OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/8" = 1'-0"1 FAR PROPOSED - UPPER LEVEL 1/8" = 1'-0"2 FAR PROPOSED - MAIN LEVEL 1/8" = 1'-0"3 FAR PROPOSED - LOWER LEVEL 92 MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 353 SQ. FT. MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 212 SQ. FT.212 SQ. FT. 151 SQ. FT. 226 SQ. FT. 4 A-0.15Z CRAWL SPACE 83'-0" MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 463 SQ. FT.98 SQ. FT. MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 610 SQ. FT. 124 SQ. FT. 25 SQ. FT. EXPOSED ANGLED WALL 25 SQ. FT. SUB-GRADE ANGLED WALLREFER TO 6 SOUTH CARETAKER ELEVATION FOR AREA CALC. BEYOND CRAWL SPACE 83'-0" MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 57 SQ. FT. 430 SQ. FT. 4A-0.15Z CRAWL SPACE83'-0" MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 186 SQ.FT. 31 SQ. FT. CRAWL SPACE 83'-0" MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 24 SF MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 294 SQ. FT.54 SQ. FT. CRAWL SPACE 83'-0" Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 4 P M A-0.14Z FAR - PROP. EXPOSURE OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/8" = 1'-0"1 FAR-PROPOSED EXPOSURE-EAST ELEVATION 1/8" = 1'-0"2 FAR-PROPOSED EXPOSURE-WEST ELEVATION 1/8" = 1'-0"3 FAR-PROPOSED EXPOSURE-NORTH ELEVATION 1/8" = 1'-0"4 FAR-PROPOSED EXPOSURE-SOUTH ELEVATION 1/8" = 1'-0"5 FAR-PROPOSED EXPOSURE-EAST CARETAKER ELEVATION 1/8" = 1'-0"6 FAR-PROPOSED EXPOSURE-SOUTH CARETAKER ELEVATION 1/8" = 1'-0"7 FAR-PROPOSED EXPOSURE-WEST GREATROOM ELEVATION 1/8" = 1'-0"8 FAR-PROPOSED EXPOSURE-NORTH CARETAKER ELEVATION EXPOSED WALL AREA : EAST: 57 SF SOUTH:149 SF WEST:575 SF NORTH:152 SF TOTAL:933 SF SUB-GRADE WALL AREA: EAST:783 SF SOUTH:821 SF WEST:250 SF NORTH:757 SF TOTAL:2,611 SF 93 MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" 2 A-0.15Z CRAWL SPACE GREAT ROOM STORAGERECREATION ROOM KITCHEN BEDROOM BEDROOM DINING ROOM BEDROOM BATHROOM ATTIC CRAWL SPACE83'-0" MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" 1 A-0.15Z DINING ROOM ENTRY MECH STORAGE STORAGE ATTIC 3 A-0.15Z 16'-8" ATTIC 2' - 6 " CRAWL SPACE83'-0" MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" 2 A-0.15Z DECK STORAGE ATTICCLOSET W/C W/C LIVING ROOM FRONT PORCH BEDROOM 2' - 6 " 10'-2 1/2" CRAWL SPACE 83'-0" MAIN LEVEL100'-0" LOWER LEVEL 90'-0" ATTIC ADU GARAGE CRAWL SPACE83'-0" Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 5 P M A-0.15Z FAR BUILDING SECTIONS OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/8" = 1'-0"1 FAR BUILDING SECTION 1 1/8" = 1'-0"2 FAR BUILDING SECTION 2 1/8" = 1'-0"3 FAR BUILDING SECTION 3 1/8" = 1'-0"4 FAR BUILDING SECTION 4 94 UP UP CRAWL SPACE GARAGE MUD ROOM LAUNDRY ELEVATOR CLOSET BEDROOM 5 BEDROOM 4 BATH 5 BATH 4 POWDER LO W E R H A L L CLOSET CLOSET MECH REC ROOM STORAGE STORAGE WI N D O W W E L L WINDOW WELL HOT TUB Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 5 P M A-002D EXISTING - LOWER FLOOR PLAN OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker 1/4" = 1'-0"1 FLOOR PLAN - DEMO_EXISTING LOWER LEVEL No.Description Date 1 = 95 UP UP ADU LIVING ADU BEDROOM BATH CLOSET KITCHEN LIVING ROOM GREAT ROOM DINNING ROOM ENTRYBEDROOM 2 BEDROOM 3 BATH 3 BATH 2 POWDER CLOS CLOS DECK DECK DECK DECK DECK DECK DECK Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 6 P M A-003D EXISTING - MAIN FLOOR PLAN OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker 1/4" = 1'-0"2 FLOOR PLAN - DEMO_EXISTING MAIN LEVEL No.Description Date 1 = 96 OPEN TO BELOWATTIC STAIR BEDROOMBATHROOM ENTRY CLOSET CLOSET CLOSET CLOSET DECK DECK STORAGE ATTIC Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 6 P M A-004D EXISTING - UPPER FLOOR PLAN OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker 1/4" = 1'-0"3 FLOOR PLAN - DEMO_EXISTING UPPER LEVEL No.Description Date 1 97 DN UP DN A-2011 A-201 2 A-202 2 A-202 1 NEW BASEMENT GARAGE LOWER SLAB 7'-0" FOR CAR LIFT MUD ROOM LAUNDRY ELEVATOR CLOSET BEDROOM 5 BEDROOM 4 BATH 5 BATH 4 POWDER LO W E R H A L L CLOSET CLOSET MECH REC ROOM STORAGE STORAGE 4 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 6 P M A-102 FLOOR PLAN - LOWER LEVEL OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/4" = 1'-0"1 FLOOR PLAN - PROPOSED LOWER LEVEL 98 UP DN DN DN DN A-2011 A-201 2 A-202 2 A-202 1 ADU LIVING ADU BEDROOM BATH CLOSET KITCHEN LIVING ROOM GREAT ROOM DINNING ROOM ENTRYBEDROOM 2 BEDROOM 3 BATH 3 BATH 2 POWDER OUTDOOR KITCHEN OUTDOOR DINNING CLOS CLOS 4 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 7 P M A-103 FLOOR PLAN - MAIN LEVEL OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/4" = 1'-0"1 FLOOR PLAN - PROPOSED MAIN LEVEL 99 A-2011 A-201 2 A-202 2 A-202 1 OPEN TO BELOWOFFICE LOFT STAIR BEDROOMBATHROOM ENTRY CLOSET CLOSET CLOSET CLOSET DECK DECK 4 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 7 P M A-104 FLOOR PLAN - UPPER LEVEL OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/4" = 1'-0"1 FLOOR PLAN - PROPOSED UPPER LEVEL 100 Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 5 2 P M A-901 EXISTING & PROPOSED MASSING OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1 ISOMETRIC NE CORNER - EXISTING 2 ISOMETRIC NE CORNER - PROPOSED 3 ISOMETRIC NW CORNER - EXISTING 4 ISOMETRIC NW CORNER - PROPOSED 101 Exhibit C.1 102 103 104 Exhibit C.2 105 Exhibit C.3 106 107 Exhibit C.4 108 10 9 11 0 11 1 11 2 11 3 Exhibit C.5 114 115 116 117 Exhibit C.6 118 119 120 121 Exhibit C.7 122 123 124 125 126 Exhibit C.8 12 7 Exhibit C.9 128 129 130 131 132 133 134 135 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) Exhibit D.1 136 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1)Number of Units 2)Parcel Density (see 26.710.090.C.10) 3)FAR (Floor Area Ratio) 4)Floor Area (square feet) Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition 5)Maximum Height 6)Front Setback 7) Rear Setback 8)Side Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1)FAR (Floor Area Ratio) 2)Floor Area (square feet) 3)Maximum Height 4)Free Market Residential(square feet) 4)Front setback 5)Rear setback 6)Side setbacks 7)Off-Street Parking Spaces 8)Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 137 April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowner association or other form of private c ovenant. □This property is subject to a homeowner association or private covenant, and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners a ssociation orcovenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Date: Owner printed name: or, Attorney signature: Date: Attorney printed name: 6/18/24 Bay Street Owner LLC, by Peter Allen, Manager Exhibit D.2 138 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name: Representative Name (if different from Property Owner): Billing Name and Address - Send Bills to: Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner, 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. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for 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 sent 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 processing my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: Exhibit D.3 139 Page | 1. Kraemer Land Planning 200 Basalt Center Circle Ste 201 Basalt, Colorado 81621 June _18__, 2024 Bob Narracci Interim Planning Director & Zoning Administrator City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 Dear Bob: Bay Street Owner LLC is the owner of record for real property located at 730 Bay Street, Lot 2, Volk Lot Split, City of Aspen, Colorado (Parcel Identification No. 2737-073-73-002). Kraemer Land Planning and Z-Group Architects are authorized to represent Bay Street Owner LLC’s property interests in this land use matter requesting Special Review – Replacement of a Non-conforming Structure for a remodel of a non-conforming structure. They are specifically authorized to meet with City officials, represent Bay Street Owner LLC’s interests in any and all meeting and hearings, and execute the City of Aspen Land Use Agreement to Pay Form. Thank you, ______________________________ Owner/Authorized Agent Signature ______________________________ Owner/Authorized Agent Printed Name & Title Bay Street Owner LLC 730 Bay Street Aspen, CO 81611 Exhibit D.4 Bay Street Owner LLC, by Peter Allen, Manager 140 Land Title Guarantee Company Customer Distribution Order Number:QPR62017507 Date: 08/28/2024 Property Address: 730 BAY ST, ASPEN, CO 81611 Thank you for your order. Enclosed is the Property Report. If you need any modifications or have questions, please contact your title team. We appreciate your business. Thank you for putting your trust in Land Title. Your Title Team Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Vesting Deeds: Pitkin county recorded 05/08/2023 under reception no. 694787 Plat Map(s): Pitkin county recorded 11/13/1991 at book 27 page 71 Exhibit D.5 141 Land Title Guarantee Company Property Report Order Number:QPR62017507 This Report is based on a limited search of the county real property records and provides the name(s) of the vested owner(s), the legal description, tax information (taken from information provided by the county treasurer on its website) and encumbrances, which, for the purposes of this report, means deed of trust and mortgages, and liens recorded against the property and the owner(s) in the records of the clerk and recorder for the county in which the subject is located. This Report does not constitute any form of warranty or guarantee of title or title insurance. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the Report, and no other person, and (2) the amount paid for the report.. Lender: KAREMER LAND PLANNING, . Effective Date: 08/16/2024 at 5:00 P.M. Vesting: BAY STREET OWNER LLC, A COLORADO LIMITED LIABILITY COMPANY Property Address: 730 BAY ST, ASPEN, CO 81611 Legal Description: LOT 2, VOLK LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1991 IN PLAT BOOK 27 AT PAGE 71 COUNTY OF PITKIN STATE OF COLORADO We find the following documents of record affecting subject property: 1.SPECIAL WARRANTY DEED RECORDED MAY 08, 2023 UNDER RECEPTION NO. 694787. Parcel No.: 273707373002 142 PRE-APPLICATION CONFERENCE SUMMARY PRE-24-064 DATE: June 5, 2024 PLANNER: Bob Narracci, Bob.Narracci@aspen.gov PROJECT ADDRESS: 730 Bay Street PARCEL ID#: APPLICANT: Mike Kraemer, mike@kraemerlandplanning.com DESCRIPTION: The subject site legal description is Volk Lot Split, Lot 2. The subject property is zoned Low- Density Residential, (R-30). The subject property is developed with a nonconforming single-family residence; it has been represented that the parcel is non-conforming with regards to floor area. The Community Development Department has not yet received a full floor area analysis at this time to confirm this representation. The applicant requests to alter the existing residence in a manner that will decrease the floor area overage on the subject property. Since the existing structure is represented as over allowable floor area, rearranging and decreasing the existing non-conforming floor area requires a Replacement of Non-Conforming Structure review pursuant to Section 26.430 by the City of Aspen Planning & Zoning Commission. The Parks and Engineering Departments will be referrals on the application. RELEVANT ASPEN MUNICIPAL CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.312 Non-Conformities 26.430.040.B Special Review – Replacement of Nonconforming Structures 26.710.080 Low-Density Residential Zone District (R-30) For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Staff for determination of complete application and recommendation Planning and Zoning Commission for Decision REQUIRED LAND USE REVIEW(S): Special Review PUBLIC HEARING: Yes, at the Planning and Zoning Commission PLANNING FEES: $3,250 for 10 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) REFERRAL FEES: Engineering - $5,000 flat fee for major board review. Parks - $975 flat fee TOTAL DEPOSIT: $9,225.00 Exhibit D.6 143 APPLICATION CHECKLIST – Please email the following application materials to CDEHadmins@aspen.gov as a single PDF:  Completed Land Use Application and signed fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form.  A vicinity map locating the parcel within the City of Aspen.  Site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the state of Colorado.  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 and relevant land use approval associated with the property. This should include a Net Lot Area calculation and allowable, existing, and proposed floor area calculations and diagrams. If the proposed floor area conforms with underlying zoning, no land use review is required.  Identification of review process requested.  Written responses to all review criteria in Section 26.430.040.B. Following application completeness review, you will be notified by Staff when to submit the application fees. If any additional information is required for completeness, you will be informed accordingly.  Total deposit for review of the application. 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. 144 N 1s t St E Hopkins Ave N Garm is ch St Hallam Lake Aspen Community Church Paepcke Park IN Paepcke Park Out E D u r a nt A ve Wagner Park Wheeler Park Aspen St + Cooper Ave Lift 1 Rio G rande Drain H un ter C r e e k Red M o u n t ai n R d G i b s o n A v e Vi n e S t V i n e St Rio G r a nd e Pl M a p l e L n KingSt Nea leAv e O a k L n Jenny Adair Park Rubey Lot 6/ Williams Woods Theater Aspen Aspen Armory Eagles Club 184 Aspen Aspen Old Powerhouse Vine St Spring St. & Main IN Galena Street Shuttle Park Circle & Spruce Park Circle and Brown Clarks Market Lone Pine II Court House/ LibraryMill & Main Clarks Mkt Main St + Hunter St Aspen Aspen S S pri ng St S H un t e r S t Midlan d A v e S O r i g in a l S t Rubey Park Transit Center Park Ava Park Circle & Park Ava Mall & Mill Co we nha v en Tu nne l Silver lo d e Dr Ses ameSt SMOS - Pride of Aspen #7883 SMOS - Ballarat/General Jackson SMOS - Mascotte 99 Molly Gibson Park S a lv a t i o n Mascotte Ln 0 0.1 0.20.05 mi FEsri Community Maps Contributors, City of Aspen GIS, Pitkin County, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Maxar Legend DRAINAGE LP PD DRAIN/TRANS LP PD R-3 AH R/MF R/MFA R-6 R-15 R-15A R-30 L CL CC C-1 SCI NC MU P A PUB Driveways Edge of Pavement Aspen City Limits UGB Water Line Zoomed In Water Poly Parcels Structures Source: City of Aspen GIS City of Aspen GIS Exhibit D.7 145 Page | 1. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 January 30, 2025 Jeffrey Barnhill Senior Planner City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 RE: 730 Bay Street: Non-Conforming Land Use Application, Additional Materials Dear Jeff : Bay Street Owner LLC (hereafter “Applicant”) is the owner of record for real property located at 730 Bay Street, Lot 2, Volk Lot Split, City of Aspen, Colorado (Parcel Identification No. 2737-073-73-002) and is represented by Kraemer Land Planning, Z Group Architects, and Taft/Sherman & Howard in this land use matter. As you know, the Applicant has an active land use application filed for Replacement of a Non-conforming Structure to eliminate significant deck overages, rearrange interior floor space within the home without any exterior footprint changes or expansions, and exterior landscape changes. On December 17th, 2024 the Planning and Zoning Commission (hereafter P&Z) heard this request and continued the application to allow additional time for City Staff and the Applicant to work together on code language interpretations, P&Z direction provided at the conclusion of the last meeting, and possible application changes. This continuance allowed the Applicant time to prepare the amended application described below. At the December 17th, 2024 meeting, the P&Z Chair provided direction to the Applicant to consider alterations to the design to bring the structure into as close compliance as possible. The original application reduced floor area by 1,773 sq. ft., though 445 sq. ft. of exterior decks were reconfigured and still counted towards calculated floor area. The Applicant has considered this direction and proposes to eliminate a deck extending off the northern portion of the residence and an upper level deck. Elimination of these decks further reduces calculated floor area and brings the property into compliance with the 15% deck exemption code provision. The Applicant’s revised proposal reduces floor area by 2,223 sq. ft. This floor area will be eliminated from the property and cannot be brought back in the future. Revised drawings can be viewed in Exhibit A. Table 1 depicts the floor area changes. 146 Page | 2. Kraemer Land Planning 200 Basalt Center Circle Ste 201 Basalt, Colorado 81621 730 Bay Street Allowable Floor Area: 5,016 sq. ft. Table 1: Current Floor Area Summary*: Existing Change 2/4/2025 Proposal Upper Level 1,114 sq. ft. (+) 275 (attic) 1,389 sq. ft. Main Level** 3,349 sq. ft. No Change 3,349 sq. ft. Lower Level*** 1,190.82 sq. ft. (-) 377.49 sq. ft. 813.33 sq. ft. Total Deck 2,873 sq. ft. 2,470 sq. ft. 403 sq. ft. Deck Exemption (15% x 5,016) 752.48 sq. ft. -- 752.48 sq. ft. Exempt Front Porch 435 sq. ft. (-) 5 sq. ft. 430 sq. ft. Deck Area Attributable to Calculated Floor Area 2,120.52 sq. ft. (-) 2,120 sq. ft. 0 sq. ft. Total Calculated Floor Area 7,774.34 sq. ft. (-) 2,223.01 sq. ft. 5,551.33 sq. ft. * Using current measurement methodology in the Code. ** Includes ADU *** Includes Garage (-375 Sq. ft. Exemption) These changes require re-evaluation of Land Use Code Section 26.312.030(f)(2), which states: “Purposeful destruction. Any nonconforming structure that is purposefully Demolished or portion thereof which is purposefully destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless r eplacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review.” The Applicant has amended the application to eliminate deck non-conformities and the proposal is now in compliance with 15% deck exemption requirements. Non-conforming decks removed as part of this application will not be replaced. The remaining portions of this request are within the interior of the home which include a buildout of an attic and subgrade basement space. The Applicant has calculated these proposed changes against Demolition measurements and the entire proposal renders a 0% demolition calculation. The definition of Destruction, states: “Destruction. To remove, disassemble, tear down or destroy portions of a building or structure where the proposed scope does not exceed the forty (40) Demolition threshold as defined by Section 26.580, Demolition.” 147 Page | 3. Kraemer Land Planning 200 Basalt Center Circle Ste 201 Basalt, Colorado 81621 The elimination of deck overages is in conformance with the current provisions of this Title. Interior alterations that do not affect demolition measurements are not counted as Destruction. The Applicant believes that Special Review is no longer required. This topic, and others, are further detailed in Exhibit B, Attorney’s letter from Curt Sanders. Finally, the property contains significant steep slopes that deduct from Net Lot Area and reduces allowable floor area, which was not the case when the property was constructed in 1994. The presence of these slopes creates a unique site condition not found in the neighbor subdivision parcel, Volk Subdivision Lot 1. Table 2 identifies the property’s current R-30 allowable floor area of 5,016.52 sq. ft. Table 3 identifies that if steep slopes were not deducted from Net Lot Area, the allowable floor area would be 5,816.52 sq. ft.: Table 2: R-30 Floor Area with Steep Slopes Deductions (current Code): Lot Size (per survey): 36,938 sq. ft. Net Lot Area River or natural water body Slope deductions Slopes > 20% up to 30% at 50% Slopes > 30% at 100% 0 sq. ft. (-)1,623.6 sq. ft. (-) 11,722.9 sq. ft. 23,608.62 sq. ft. Allowable Floor Area: 5,016.52 sq. ft. Table 3: R-30 Floor Area w/o Steep Slope Deductions: Lot Size (per survey): 36,938 sq. ft. Net Lot Area w/o steep slopes: 36,938 sq. ft. Allowable Floor Area: 5,816.52 sq. ft. If steep slopes were not deducted from Net Lot Area, the Applicant’s proposed floor area of 5,551.31 sq. ft. would be in compliance with R-30 zone district floor area standards. Thank you, Mike Kraemer, Kraemer Land Planning Exhibits: A. Revised floor plan, Z Group Architects B. Attorney’s Letter, Curt Sanders 148 Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 2 4 P M A-0.01 COVER SHEET OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN DUNN 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 SH SHEET INDEX: ARCHITECTURAL PROJECT SCOPE •• •• •• (SEE INDIVIDUAL DISCIPLINE COVER SHEETS FOR SHEET INDEXES) GENERAL INFORMATION, ZONING AND CODE ANALYSISGENERAL INFORMATION, ZONING AND CODE ANALYSIS (INCLUDED IN ARCHITECTURAL INDEX) SURVEYSURVEY LANDSCAPELANDSCAPE ARCHITECTURALARCHITECTURAL This Document Set pertains to Landuse applicationReplacement of Non-conforming Structure Review Interior renovation of existing structure.Scope: SHEET LISTSHEET LIST A-0.01 COVER SHEET SURVEY L.0.03 OVERALL SITE PLAN L.3.00 PLANTING PLAN A-0.10Z CHARACTER DEPICTION A-0.11Z FAR CALCULATION - EXISTING A-0.12Z FAR - EXISTING EXPOSURE A-0.13Z FAR CALCULATIONS - PROPOSED A-0.14Z FAR - PROPOSED EXPOSURE A-0.05Z FAR BUILDING SECTIONS A-002D FLOOR PLAN - EXISTING LOWER LEVEL A-003D FLOOR PLAN - EXISTING GRADE LEVEL A-004D FLOOR PLAN - EXISTING SECOND LEVEL A-102 FLOOR PLAN - PROPOSED LOWER LEVEL A-103 FLOOR PLAN - PROPOSED GRADE LEVEL A-104 FLOOR PLAN - PROPOSED SECOND LEVEL DISCIPLINE SEQUENCE: CONTACT DIRECTORY PROJECT INFORMATION SURVEY : ARCHITECTURAL HEIGHT REFERENCE 7885' = 100'-0" VICINITY MAP PROJECT LOCATION OWNER:Jonathan & Effie Ofer 730 BAY STREET ASPEN, CO 81611 CONTACT:JJ OFER jjofer@gmail.com ARCHITECT:Z-GROUP ARCHITECTS, P.C. 208 MIDLAND AVE. BASALT, CO 81621 970-925-1832 OFFICE CONTACT:STEVEN DUNN 970-309-8233 steve@zgrouparchitects.com SURVEYOR:PEAK SURVEYING, INC P.O. BOX 1746 RIFLE, CO 81650 970-625-1954 OFFICE CONTACT:JASON NEIL 970-987-1382 jason@peaksurveyinginc.com SPECS.: MEP: STRUCTURAL: CIVIL: CONTRACTOR: LANDSCAPE:CONNECT ONE DESIGN 350 MARKET STREET, SUITE 307 BASALT, CO 81621 970-355-5457 OFFICE CONTACT:KATIE TABOR 970-618-3324 kt@connectonedesign.com PROJECT: OFER RESIDENCE 730 BAY STREET ASPEN, CO 81611 PARCEL ID: 273707373002 LEGAL DESCRIPTION: SEE SURVEY AND PLATS ZONE DISTRICT: R-30 OCCUPANCY TYPE: R-1 CONSTRUCTION TYPE: V-B SPRINKLER: NOT SPRINKLERED PROPERTY SIZE: 0.848 ACRES BLDG. AREAS: REF. AREA PLANS HEIGHT: 31'-8" NON CONFORMING SETBACKS: SEE PLAT BOOK 27/PAGE 71 ADOPTED CODES:CITY OF ASPEN LAND USE CODE BUILD. CODE:2021 ICC SERIES 2017 ICC A117.1 ELECT. CODE:NEC (CURRENT STATE ADOPTION) No.Description Date 1 CITY OF ASPEN PLANNING APPLICATION 149 150 Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 3 8 P M A-0.10Z CHARACTER DEPICTION OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 PAINT EAVE & TRIM CHARCOLE STAIN LOG SIDING NATURAL GRAY 151 UP DN DN DN UP DN DN UP UP DN 2 A-0.15Z UPPER LEVEL - 1044 SF DECK - 140 SF ATTIC DECK 94 SF STORAGE 70 SF OPEN TO BELOW 1 A-0.15Z 3 A-0.15Z 2 A-0.15Z MAIN LEVEL - 3,349 SF DECK 1 1,140 SF FRONT PORCH EXEMPT DECK 2 131SF ADU DECK 3 120 SF ADU DECK 4 210 SF 1 A-0.15Z 3 A-0.15Z ADU 2 A-0.15Z BASEMENT LEVEL - 1,960 SF WINDOW WELL HOT TUB DECK 506 SF BEDROOM PATIO 1 441 SF DECK - 91 SF WI N D O W W E L L GARAGE 594 SF 1 A-0.15Z 3 A-0.15Z CRAWL SPACE EX I S T I N G 6 ' OV E R H A N G I N G D E C K Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 3 8 P M A-0.11Z FAR CALCS-EXISTING OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/8" = 1'-0"1 FAR EXISTING - UPPER LEVEL 1/8" = 1'-0"3 FAR EXISTING - MAIN LEVEL 1/8" = 1'-0"4 FAR EXISTING - LOWER LEVEL 152 MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL90'-0" 245 SQ. FT. 171 SQ. FT. 50 SQ. FT. (2) ANGLED WALLS CRAWL SPACE 2 A-0.15Z MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" 140 SQ. FT.54 SQ. FT. MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" CRAWL SPACE BEYOND 213 SQ. FT.29 SQ. FT.98 SQ. FT. 2 A-0.15Z MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" CRAWL SPACE 353 SQ. FT. 1 A-0.15Z 3 A-0.15Z MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" 140SQ. FT.179 SQ. FT. MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 53 SQ.FT. MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 24 SF MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 212 SQ. FT.212 SQ. FT. 151 SQ. FT. 60 1 A-0.15Z 3 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 1 P M A-0.12Z FAR - EXIST. EXPOSURE OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/8" = 1'-0"5 FAR-EXISTING EXPOSURE-SOUTH ELEVATION 1/8" = 1'-0"2 FAR-EXISTING EXPOSURE-NORTH CARETAKER ELEVATION 1/8" = 1'-0"1 FAR-EXISTING EXPOSURE-NORTH ELEVATION 1/8" = 1'-0"8 FAR-EXISTING EXPOSURE-EAST ELEVATION 1/8" = 1'-0"7 FAR-EXISTING EXPOSURE-EAST CARETAKER ELEVATION 1/8" = 1'-0"6 FAR-EXISTING EXPOSURE-SOUTH CARETAKER ELEVATION 1/8" = 1'-0"4 FAR-EXISTING EXPOSURE-WEST GREATROOM ELEVATION 1/8" = 1'-0"3 FAR-EXISTING EXPOSURE-WEST ELEVATION EXPOSED WALL AREA : EAST: 140 SF SOUTH:274 SF WEST:575 SF NORTH:181 SF TOTAL:1,170 SF SUB-GRADE WALL AREA: EAST:289 SF SOUTH:245 SF WEST:84 SF NORTH:353 SF TOTAL:971 SF 153 UP DN DN DN DN DN UP DN UPPER LEVEL - 1044 SF DECK - 140 SF STORAGE ATTIC 70 SF ATTIC 275 SF OPEN TO BELOW 4 A-0.15Z MAIN LEVEL - 3,349 SF FRONT PORCH EXEMPT DECK 3 120 SF DECK 1 700 SF DECK 2 83 SF DECK 4 24 SF 4 A-0.15Z BASEMENT LEVEL - 2,870 SF GARAGE 594 SF NEW BASEMENT MECH EQUIP COURT DECK 36 SF WINDOW WELL 4 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 1 P M A-0.13Z FAR CALCS-PROPOSED OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No. Description Date 1 1/8" = 1'-0"1 FAR PROPOSED - UPPER LEVEL 1/8" = 1'-0"2 FAR PROPOSED - MAIN LEVEL 1/8" = 1'-0"3 FAR PROPOSED - LOWER LEVEL 154 MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 353 SQ. FT. MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 212 SQ. FT.212 SQ. FT. 151 SQ. FT. 226 SQ. FT. 4 A-0.15Z CRAWL SPACE 83'-0" MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 463 SQ. FT.98 SQ. FT. MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 610 SQ. FT. 124 SQ. FT. 25 SQ. FT. EXPOSED ANGLED WALL 25 SQ. FT. SUB-GRADE ANGLED WALLREFER TO 6 SOUTH CARETAKER ELEVATION FOR AREA CALC. BEYOND CRAWL SPACE 83'-0" MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 57 SQ. FT. 430 SQ. FT. 4A-0.15Z CRAWL SPACE83'-0" MAIN LEVEL 100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 186 SQ.FT. 31 SQ. FT. CRAWL SPACE 83'-0" MAIN LEVEL100'-0" UPPER LEVEL 110'-0" LOWER LEVEL90'-0" ATTIC117'-4" 24 SF MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" ATTIC 117'-4" 294 SQ. FT.54 SQ. FT. CRAWL SPACE 83'-0" Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 4 P M A-0.14Z FAR - PROP. EXPOSURE OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/8" = 1'-0"1 FAR-PROPOSED EXPOSURE-EAST ELEVATION 1/8" = 1'-0"2 FAR-PROPOSED EXPOSURE-WEST ELEVATION 1/8" = 1'-0"3 FAR-PROPOSED EXPOSURE-NORTH ELEVATION 1/8" = 1'-0"4 FAR-PROPOSED EXPOSURE-SOUTH ELEVATION 1/8" = 1'-0"5 FAR-PROPOSED EXPOSURE-EAST CARETAKER ELEVATION 1/8" = 1'-0"6 FAR-PROPOSED EXPOSURE-SOUTH CARETAKER ELEVATION 1/8" = 1'-0"7 FAR-PROPOSED EXPOSURE-WEST GREATROOM ELEVATION 1/8" = 1'-0"8 FAR-PROPOSED EXPOSURE-NORTH CARETAKER ELEVATION EXPOSED WALL AREA : EAST: 57 SF SOUTH:149 SF WEST:575 SF NORTH:152 SF TOTAL:933 SF SUB-GRADE WALL AREA: EAST:783 SF SOUTH:821 SF WEST:250 SF NORTH:757 SF TOTAL:2,611 SF 155 MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" 2 A-0.15Z CRAWL SPACE GREAT ROOM STORAGERECREATION ROOM KITCHEN BEDROOM BEDROOM DINING ROOM BEDROOM BATHROOM ATTIC CRAWL SPACE83'-0" MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL 90'-0" 1 A-0.15Z DINING ROOM ENTRY MECH STORAGE STORAGE ATTIC 3 A-0.15Z 16'-8" ATTIC 2' - 6 " CRAWL SPACE83'-0" MAIN LEVEL100'-0" UPPER LEVEL110'-0" LOWER LEVEL90'-0" 2 A-0.15Z DECK STORAGE ATTICCLOSET W/C W/C LIVING ROOM FRONT PORCH BEDROOM 2' - 6 " 10'-2 1/2" CRAWL SPACE 83'-0" MAIN LEVEL100'-0" LOWER LEVEL 90'-0" ATTIC ADU GARAGE CRAWL SPACE83'-0" Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 5 P M A-0.15Z FAR BUILDING SECTIONS OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/8" = 1'-0"1 FAR BUILDING SECTION 1 1/8" = 1'-0"2 FAR BUILDING SECTION 2 1/8" = 1'-0"3 FAR BUILDING SECTION 3 1/8" = 1'-0"4 FAR BUILDING SECTION 4 156 UP UP CRAWL SPACE GARAGE MUD ROOM LAUNDRY ELEVATOR CLOSET BEDROOM 5 BEDROOM 4 BATH 5 BATH 4 POWDER LO W E R H A L L CLOSET CLOSET MECH REC ROOM STORAGE STORAGE WI N D O W W E L L WINDOW WELL HOT TUB Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 5 P M A-002D EXISTING - LOWER FLOOR PLAN OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker 1/4" = 1'-0"1 FLOOR PLAN - DEMO_EXISTING LOWER LEVEL No.Description Date 1 = 157 UP UP ADU LIVING ADU BEDROOM BATH CLOSET KITCHEN LIVING ROOM GREAT ROOM DINNING ROOM ENTRYBEDROOM 2 BEDROOM 3 BATH 3 BATH 2 POWDER CLOS CLOS DECK DECK DECK DECK DECK DECK DECK Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 6 P M A-003D EXISTING - MAIN FLOOR PLAN OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker 1/4" = 1'-0"2 FLOOR PLAN - DEMO_EXISTING MAIN LEVEL No.Description Date 1 = 158 OPEN TO BELOWATTIC STAIR BEDROOMBATHROOM ENTRY CLOSET CLOSET CLOSET CLOSET DECK DECK STORAGE ATTIC Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 6 P M A-004D EXISTING - UPPER FLOOR PLAN OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker 1/4" = 1'-0"3 FLOOR PLAN - DEMO_EXISTING UPPER LEVEL No.Description Date 1 159 DN UP DN A-2011 A-201 2 A-202 2 A-202 1 NEW BASEMENT GARAGE LOWER SLAB 7'-0" FOR CAR LIFT MUD ROOM LAUNDRY ELEVATOR CLOSET BEDROOM 5 BEDROOM 4 BATH 5 BATH 4 POWDER LO W E R H A L L CLOSET CLOSET MECH REC ROOM STORAGE STORAGE 4 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 6 P M A-102 FLOOR PLAN - LOWER LEVEL OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/4" = 1'-0"1 FLOOR PLAN - PROPOSED LOWER LEVEL 160 UP DN DN DN DN A-2011 A-201 2 A-202 2 A-202 1 ADU LIVING ADU BEDROOM BATH CLOSET KITCHEN LIVING ROOM GREAT ROOM DINNING ROOM ENTRYBEDROOM 2 BEDROOM 3 BATH 3 BATH 2 POWDER OUTDOOR KITCHEN OUTDOOR DINNING CLOS CLOS 4 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 7 P M A-103 FLOOR PLAN - MAIN LEVEL OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1/4" = 1'-0"1 FLOOR PLAN - PROPOSED MAIN LEVEL 161 A-2011 A-201 2 A-202 2 A-202 1 OPEN TO BELOWOFFICE LOFT STAIR BEDROOMBATHROOM ENTRY CLOSET CLOSET CLOSET CLOSET DECK 4 A-0.15Z Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 4 7 P M A-104 FLOOR PLAN - UPPER LEVEL OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No. Description Date 1 1/4" = 1'-0"1 FLOOR PLAN - PROPOSED UPPER LEVEL 162 Sheet #: Copyright 2024 Z-Group Architects, P.C. Project number: Construction Date: Prepared By: Checked By: Sheet Name: Jurisdiction Use: Seal: 9/ 6 / 2 0 2 4 2 : 4 2 : 5 2 P M A-901 EXISTING & PROPOSED MASSING OF E R R E S I D E N C E R E M O D E L 2304 UNKNOWN Author 73 0 B A Y S T R E E T As p e n , C O 8 1 6 1 1 Checker No.Description Date 1 1 ISOMETRIC NE CORNER - EXISTING 2 ISOMETRIC NE CORNER - PROPOSED 3 ISOMETRIC NW CORNER - EXISTING 4 ISOMETRIC NW CORNER - PROPOSED 163 730 East Durant Avenue, Suite 200 Aspen, CO 81611 Tel: 970.925.6300 | Fax: 970.925.1181 taftlaw.com 59746879.1 Taft Stettinius & Hollister LLP / Taftlaw.com / The Modern Law Firm Curtis B. Sanders Direct Dial Number: 970.300.0114 E-mail: csanders@taftlaw.com January 30, 2025 Jeffrey Barnhill, Senior Planner Community Development Director City of Aspen Community Development 427 Rio Grande Place Aspen, Colorado 81611 Re: Special Review – Alteration of a Nonconforming Structure; Bay Street Owner LLC; 730 Bay Street, Aspen, Colorado 81611 Dear Mr. Barnhill: This firm represents Bay Street Owner LLC, a Colorado limited liability company (“Applicant”) as owner of 730 Bay Street, Aspen, Colorado 81611 (“Subject Property”) and in connection with the Applicant’s pending request for Special Review approval of the Alteration of a Non-Conforming Structure (the “Application”). This letter is intended to supplement the Application and to be included as a part of the record of proceedings with respect to the Application. As more fully explained below, Applicant’s position is that the Application is either outside of the purview of Special Review provisions of the land use code since it contemplates an alteration of an existing non-conforming structure where there is no resulting increase in the non-conformity, or alternatively, the Application contemplates the alteration of a portion of a non-conforming structure which, if not allowed under the current zoning provisions of the land use code, will constitute a hardship on the Applicant and the Subject Property. 1. Background. The Subject Property includes an existing 30-year old residence which was originally constructed in 1994 on a property which includes steep slopes in excess of 30% grade. When constructed, the existing residence was a legally conforming structure comprised of 5,112.5 square feet of Floor Area, well below the Subject Property’s then-allowable 5,813 square feet of Floor Area. This existing residence includes extensive porches, balconies and decks, a garage, and an ADU which is presently occupied by a qualified tenant. After construction of the existing residence, the City of Aspen adopted various amendments to its land use code which rendered the existing residence a “non-conforming structure”. These amendments included reductions to the Subject Property’s allowable Floor Area due to steep slopes, as well as amended Floor Area calculation methodologies for decks above a certain grade, balconies with certain amounts of roof coverage, garages and ADU’s. As 164 January 30, 2025 Page 2 59746879.1 a result, under the current land use code, the existing residence has a calculated Floor Area of 7,774.34 square feet against an allowable Floor Area of 5,016.52 square feet. 2. Applicant’s Proposed Proposed Remodel. Given the existing residence’s age, the Applicant desires to remodel and update exterior and interior portions of the existing residence. The exterior renovations include the removal of all of the existing residence’s decks, leaving only porches for purposes of ingress and egress, and a reduction of the size of a second floor balcony. The remainder of Applicant’s proposed renovations will occur within the existing residence. Therefore, although, the Applicant intends to demolish and remove the existing decks and a portion of an existing balcony, the Applicant will not replace the removed non-conforming improvements. Further, as a result of the removal of the decks and balcony, the existing residence’s total calculated Floor Area will decrease by 2,223.01 square feet, from 7,774,34 square feet of existing Floor Area to 5,551.33 square feet of Floor Area. Separately, the Applicant intends to remodel interior portions of the existing residence, converting certain existing non-livable space into livable space. 3. Non-Conforming Structures Under City Land Use Code; Alteration of Structure with No Increase in Non-Conformity; Replacement After Purposeful Destruction. With respect to the alteration of non-conforming structures, the City of Aspen land use code addresses two similar, but somewhat different factual scenarios; namely: (1) the alteration of a non-conforming structure when there will be no increase in the non-conformity, and (2) the destruction, followed by the replacement, of a non-conforming structure. Generally, the land use code provides that: (1) a non-conforming structure can be altered, provided that the alteration does not increase the non-conformity, and (2) a non-conforming structure also can be purposefully demolished and replaced with a different structure, but only if either: (A) the replacement structure complies with the current land use code, or (B) the replacement of the non-conformity is approved as part of a Special Review by the Planning and Zoning Commission. Section 26.312.030 of the City of Aspen land use code addresses both of these scenarios, and characterizes them as either an “enlargement or expansion” or a “purposeful destruction” of a non-conforming structure. a. Alteration of Non-Conforming Structure with No Increase in Non-Conformity. With respect to the alteration of a non-conforming structure with no accompanying increase in the non-conformity, Section 26.312.030(c) of the land use code states as follows: “(c) Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity.” (emphasis added) b. Replacement of Non-Conforming Structure After Purposeful Destruction. With respect to the the replacement of non-conforming structure after its “purposeful destruction”, Section 26.312.030(f)(2) of the land use code states as follows: 165 January 30, 2025 Page 3 59746879.1 “(2) Purposeful destruction. Any nonconforming structure that is purposefully Demolished or portion thereof which is purposefully destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. 4. Analysis Under Section 26.312.030(c) (Alteration of Non-Conforming Structure with No Increase in Non-Conformity). As explained above, the Applicant proposes removing certain existing exterior decks and a reducing the size of an existing second floor balcony. These removed structures will not be replaced, and their permanent removal will result in an approximately 80% reduction of the total amount of the Subject Property’s non-conforming existing Floor Area from 2,757.82 square feet to 534.48 square feet. The Applicant also proposes converting certain non-livable interior space into livable interior space. Since the Applicant’s proposed removal of the decks and balcony constitute alterations which will materially decrease the amount of the existing residence’s non-conforming Floor Area, the Applicant’s proposed remodel of the existing residence is permitted under the express provisions of Section 26.312.030(c) (the non-conforming structure is being “altered in a manner that does not change or that decreases the nonconformity”). Based on this provision, a Special Review of Applicant’s proposal is not necessary or appropriate, and the Applicant requests a finding to such effect. 5. Analysis Under Section 26.312.030(f)(2) (Replacement of Non-Conforming Structure After Purposeful Destruction). Alternatively, to the extent that the Applicant’s proposed remodel of the existing residence is not deemed an alteration of a non-conforming structure with no accompanying increase in the non-conformity under Section 26.312.030(c), and instead is deemed to be a “purposeful destruction” of a portion of the existing residence accompanied by a replacement of a such portion of the non-conforming structure under the provisions of Section 26.312.030(f)(2), the Applicant argues as follows: a. No Demolition or Partial Destruction. As an initial matter, it should be noted that Applicant’s proposed alterations of the existing decks and a second floor balcony does not constitute “Demolition” of the existing residence as the term “Demolition” is defined by Section 26.104.100 of the land use code (“To raze, disassemble, tear down or destroy forty (40) percent or more of an existing structure . . .”) and does not constitute “Destruction” (“To remove, disassemble, tear down or destroy portions of a building or structure where the proposed scope does not exceed the forty (40) [percent] Demolition threshold as defined by Section 26.580, Demolition”) since the Applicant’s alterations do not exceed the 40% threshold of either definition. Additionally, the term “partial destruction” is not defined anywhere in the land use code, and therefore the meaning of this term is inherently ambiguous. Therefore, the Applicant does not concede that its existing residence is to be either “purposefully Demolished” or a portion of the existing residence is being “purposefully destroyed” under Section 26.312.030(f)(2) of the land use code. 166 January 30, 2025 Page 4 59746879.1 b. No Replacement of Non-Conforming Structure. Section 26.312.030(f)(2) of the land use code expressly applies only to the replacement of a purposefully-destroyed, non- conforming structure. Since, as noted above, the decks and balcony which are being “purposefully destroyed” are not being “replaced with a different structure”, and since the proposed separate remodel of interior portions of the existing residence do not constitute the replacement of the portions of the existing non-conforming structure being purposefully destroyed, the Applicant’s proposed remodel is therefore permissible by right under the provisions of Section 26.312.030(f)(2). c. Special Review Under Section 26.312.030(f)(2) of the Land Use Code. Finally, in the further alternative that to the extent that the Applicant’s proposed removal of the decks and balcony and interior remodel of the existing residence are nonetheless deemed to require “Special Review” approval pursuant to the provisions of Chapter 26.430, Special Review, then based on the four criteria of Section 26.430.040(b)(1) – (4), the Planning and Zoning Commission should nonetheless approve the Applicant’s proposed remodel of the existing residence. These four criteria are as follows: “(b) Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after Demolition or destruction, the following criteria shall be met: (1) The proposed development shall comply with the conditions of Section 26.430.040(a) above; (2) There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; (3) No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and (4) Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property.” (emphasis added) The staff memo prepared in connection with the December 17, 2024 meeting of the Planning and Zoning Commission recommended denial of the Application based solely on the “hardship criteria” of item (4). Per the staff memo, this denial was based on the following reasoning: “The property contains a large single-family dwelling unit with an attached ADU. Reasonable use of the property has been established over the years of this residence and ADU existing.” 167 January 30, 2025 Page 5 59746879.1 Respectfully, staff’s findings that the Subject Property has been used “over the years” as “a large single-family dwelling unit with an attached ADU”, and that consequently, there can be no unnecessary hardship, misconstrues the purpose and plain meaning of the hardship criteria. The duration or size of the non-conforming structure, or whether the non-conforming structure is a “single-family dwelling unit with an attached ADU” has no relevance to the determination of a hardship under Section 26.430.040(b)(4). If this were the case, then no existing non-conforming structure could not be demolished and replaced with a different structure since there would be no hardship by virtue of the existing structure’s past and present existence, which demonstrate that the property has a reasonable use. Rather, since the “Special Review” provisions of Chapter 26.430 only apply to the proposed purposeful demolition and subsequent reconstruction of a non-conforming structure, the hardship analysis should not be a subjective assessment of the sufficiency of the past and current use of the non-conforming structure. Instead, the correct analysis should only consider the proposed redevelopment, and whether if the proposed redevelopment were prohibited due to a literal enforcement of zoning requirements, such prohibition would prevent reasonable use of the property. As noted above, the existing residence was legally constructed over 30 years ago. Subsequent to its original construction, changes to the land use code have caused the existing residence to be a legal, non-conforming structure under the Subject Property’s applicable R-30 zoning. Literal enforcement and application of the R-30 zoning requirements to any proposed redevelopment of the existing residence would require that all such redevelopment also include the demolition of portions of the existing residence to eliminate its non-conforming Floor Area. The Applicant has a reasonable expectation as a property owner that its property rights include the right to update and improve portions of an existing residence without first having to demolish portions of the existing residence such that the non-conformity is fully removed. This literal application of the dimensional provisions of the R-30 zone district would cause unnecessary hardship on the Applicant since it would prohibit the Applicant’s reasonable use of the Subject Property. The Applicant has a reasonable expectation that its property rights include the right to remove existing, outdated decks and balconies (without replacement) and to convert existing space within the existing non-conforming structure to livable space, without having to first demolish portions of the existing residence in order to eliminate all of its non-conformities. It also worth noting that staff’s own hardship analysis as quoted and described above was not followed in connection with a recent similar “Special Review” of the replacement of a non-conforming structure under provisions of Chapter 26.430. Specifically, the property located at 401 West Francis Street recently obtained Special Review to replace a nonconforming structure. This request included a reduction and replacement of nonconforming calculated floor area for the property while increasing the gross floor area by converting an existing crawl space into a full basement, together with changes to the residence’s first floor. Staff recommended approval of this request. With respect to the hardship criteria, staff’s recommendation included a finding that although literal enforcement of the dimensional provisions of the underlying zone district would not prevent reasonable use of the property, “Staff has concluded that the code does 168 January 30, 2025 Page 6 59746879.1 not present the language that would require the applicant to eliminate the nonconformities, and the proposed renovation maintains or reduces nonconformities, which is permitted. Staff finds the criterion met.” (emphasis added) This finding and recommendation is fundamentally irreconcilable with staff’s present analysis of the hardship criteria of the Applicant’s Application. If staff’s recommendation with respect to the Special Review of the 401 West Francis Street property were applied to the Application and the Subject Property, such analysis would almost certainly result in a staff finding of a hardship, and a recommendation of approval since the Application proposes a material reduction of existing non-conformities on the Subject Property. Accordingly, given the weight which is placed on a staff recommendation of denial, the Applicant requests that for any hardship analysis of the Application under Section 26.430.040(b)(1), then staff either apply such same hardship analysis to the Applicant’s Application (“the code does not present the language that would require the applicant to eliminate the nonconformities”), or provide an explanation of why such analysis should not also be applied to the Applicant’s Application. Thank you in advance for your consideration, and the Applicant requests that a copy of this letter be shared with members of the City of Aspen Planning and Zoning Commission. Very truly yours, Taft Stettinius & Hollister LLP Curtis B. Sanders CBS/sk 169